All offers are subject to confirmation unless otherwise stated. The times of delivery stated in the offer shall be valid subject to changes of times of delivery on part of Sukup Europe A/S’ supplier and subject to the goods being unsold. The offer shall lapse if the customer does not accept it within 30 days.
Any order should be considered as an offer on part of the buyer and depends on an order confirmation from Sukup Europe A/S. Any objections raised to disagree-ments of the order confirmation shall reach Dan-Corn A/S 8 days after receipt of order confirmation, at the very latest.
3. Scope of supply
The delivery consists exclusively of the explicitly specified items of the offer and order confirmation, respectively, including equipment and services, if any, for delivery at a later time. All engines are to start directly, unless otherwise stated.
The prices stated are in Danske Kroner or in any other currency, exclusive of VAT and the prices are stated as fixed prices. However, Sukup Europe A/S is entitled to adjust the prices due to changes of customs, taxes, rates of exchange, duties, etc. which are implemented at the time of delivery. This also applies for extraordinary price rises of raw materials due to events from outside, which could not be predicted on entering the agreement.
5. Catalogues, price lists, etc.
Catalogues, price lists, instructions for use, etc. are exclusively considered as an invitation to ask for an offer. This refers to prices, technical descriptions, data, etc and consequently this is without obligation on part of the seller. Therefore, the buyer is asked to inquire for changes, if any, when entering the agreement.
Unless otherwise agreed, the price is based on forwarding ex works. If Sukup Europe A/S shall be in charge of forwarding at the buyer’s option, the buyer will be debited all freight charges.
In case of delayed delivery, the buyer shall only be entitled to cancel the deal, if the delay is more than 15 days in excess of the agreed time of delivery. Furthermore, the buyer has to complain immediately on exceeding the time of delivery. In order to claim damage it is a condition that already at the time of issuing the order confirmation Sukup Europe A/S knew that the time of delivery could not be observed. Sukup A/S does not assume any responsibility for indirect losses caused by late delivery.
8. Force majeure
Furthermore, any delivery is subject to delays caused by strikes, lockouts, acts of war, mobilizations, confiscation, exchange controls, shipping obstructions, fire, revolts and violence, delays or short deliveries from sub-suppliers in spite of correct orders on time, on part of Sukup Europe A/S, or due to any other causes of which Sukup Europe A/S has no control.
As stated, conditions that have occurred prior to entering the agreement, shall only result in exemption from responsibility, if the fulfilment of these conditions could not be anticipated when entering the agreement.
9. Property right
The seller maintains the property rights of the sold product until the total cost price plus accrued interest and all costs incurred have been paid.
In case of trade-in, used material the risk shall not pass to Sukup Europe A/S until the actual transfer of the material. The owner is responsible for handing over the used material in the same state and condition as on the day of entering the deal. Consequently, costs of maintenance and repairs, if any, until delivery shall be paid by the owner. If the trade-in material represents outstanding loans, the owner is responsible for paying instalments and interest which are due for payment, prior to the delivery to Sukup Europe A/S.
Unless otherwise agreed, the terms of payment are net cash on receipt of goods. The buyer is not entitled to withhold payment on the basis of any counterclaims whatsoever. In case of credit sale a contract of sale stating ownership structure, is entered on delivery. If payment is not effected in time, an interest of 2.0 % shall accrue per month or fraction of a month.
12. Remedy and limitation of liability
Should defects occur of the sold product within 12 months from the date of commencement of use, 18 months after delivery as a maximum (for normal agricultural operation), then the seller is liable and entitled to carry out remedial measures as soon as possible. This condition is subject to the fact that the conditions of guarantee and service of Sukup Europe A/S have been complied with.
13. Returned goods
Goods are only accepted for return if effected within 30 days from customer’s receipt of goods, and only subject to previous agreement and statement of number of invoice.
Returned goods shall be forwarded, carriage paid to the seller’s address.
Custom-built goods and goods which have not been price-listed are not accepted for return.
Only unused and undamaged goods are accepted for return. Returned goods are only credited against deduction of the costs of the seller, however, 10 % of the sale price, as a minimum.
14. Liability of property damage, caused by the equipment (product liability)
The buyer shall indemnify Sukup Europe A/S to the extent of which Sukup Europe A/S is hold responsible towards any third person for such damage and such loss of which pursuant to the second and third paragraph of this clause, Sukup Europe A/S is not liable towards the buyer. Sukup Europe A/S is not liable for damage, caused by the equipment:
a) of immovable properties or chattels, caused when the equipment is in the possession of the buyer
b) of products, produced by other producers, or of products, in which these form part, or for damage of immovable properties or chattels, which these products cause, due to the equipment.
Sukup Europe A/S is under no circumstances liable for consequential losses, losses of profit or other financial losses as a consequence hereof. The mentioned limitations of the liability of Sukup Europe A/S do not apply, if the company has committed an act of gross negligence.
If any third person advances a claim towards on of the parties of liabilities for damages under this clause, the party in question shall immediately inform the other party accordingly.
The reimbursement of Sukup Europe A/S for each insurance year cannot exceed DKK 10 million for payment of damage of persons and/or of property damage.
Any discrepancy between the parties is determined after the at any time valid the Danish Sale of Goods Act with seller's jurisdiction as venue. Accoring however to § 14 in fine.
It is buyer's responsibility to remove combustible and metal waste from the construction site.
The additions and deviations of NLM 94, stated in these conditions of sale, delivery and payment are valid in preference to NLM 94. Otherwise, NLM shall be valid.
Sukup Europe A/S is only responsible for costs that appear directly from the offer and the order confirmation.