The following general terms of sale and delivery apply to all deliveries, unless otherwise agreed in writing between the buyer and Carl Stahl A/S (CVR no.:15228431). An agreement between Carl Stahl A/S and the buyer is only binding on Carl Stahl A/S when Carl Stahl A/S has approved the contract / agreement by an order confirmation. Confirmations and refusals of orders must be in writing to bind Carl Stahl A/S.
All prices are in Danish kroner and exclusive of VAT, and delivery is Ex Works (Incoterms 2010), unless otherwise agreed. The Buyer is obliged to accept, until delivery, changes in the price resulting from documented increased costs for Carl Stahl A/S resulting from changes in exchange rates, customs duties, taxes, etc. relating to the agreed delivery.Carl Stahl A/S generally reserves the right to change exchange rates and other conditions that may affect our sales prices.Carl Stahl A/S shall inform the Buyer of any price increases as soon as Carl Stahl A/S becomes aware of them.For orders under DKK 1,000, a handling fee of DKK 100 will be added.Packaging and environmental surcharges are calculated separately.
Any order placed is legally binding. Carl Stahl A/S accepts orders verbally or in writing by letter or e-mail. Orders can only be cancelled, returned or reduced with the approval of Carl Stahl A/S.Return of goods can only take place after prior agreement with Carl Stahl A/S and with reference to Carl Stahl A/S return number.Faulty goods will be credited 100% upon return.Carl Stahl A/S charges a fee of at least 10% of the invoiced amount for returns that are not justified by defects on the part of Carl Stahl A/S.
As a general rule, a specially manufactured item cannot be returned.
The time of delivery is indicated when the buyer places the order. If the time of delivery is not expressly stated and agreed, delivery shall be made at Carl Stahl A/S's discretion in accordance with Carl Stahl A/S's usual delivery terms.Carl Stahl A/S will, if it becomes aware that a delay will occur, notify the Buyer as soon as possible. Carl Stahl A/S shall only be liable for the delay if it is due to gross negligence on the part of Carl Stahl A/S. Delay due to circumstances beyond the control of Carl Stahl A/S, such as shortage of goods, lack of transport facilities, failing subcontractors and force majeure, cannot be invoked as default. Delay does not entitle the buyer to withdraw from the contract unless the buyer has agreed in writing to exact performance by a certain date.
For orders for shipment, unless otherwise agreed, shipment shall be at the expense and risk of the buyer Ex Works (Incoterms 2010). The shipment is made in the simplest way for Carl Stahl A/S. Shipping costs will be charged separately at the rate applicable at the time. If transport by air, express or other special means is desired, this must be stated in the order. Additional costs for such special shipment shall be borne by the buyer, including additional costs for repatriation to Carl Stahl A/S warehouse. Carl Stahl A/S's transport risk shall in any event cease upon delivery of the goods to the postal service, ship, rail or carrier. Transport insurance is only taken out on the buyer's instructions and then at the buyer's expense. In the event of damage in transit, the buyer must report the damage to the carrier/forwarder as soon as possible.
For deliveries for which a credit period has been agreed, the agreed credit is granted from the date of the invoice. Otherwise, all deliveries are made against cash payment or cash on delivery. Carl Stahl A/S may at any time require the buyer to provide Carl Stahl A/S with appropriate proof of the buyer's ability to pay.Carl Stahl A/S may refuse any delivery to the buyer until appropriate proof has been received. Carl Stahl A/S carries out ongoing assessments of credit customers.For uncollected shipments by cash on delivery, a fee of 20% of the invoice amount will be charged, subject to a minimum of 10%. DKK 200 plus transport costs and handling fee. For deliveries where credit period has been agreed, Carl Stahl A/S is entitled to charge interest at 1.5% per month of delayed payment. Carl Stahl A/S is also entitled to charge a reminder fee.If the buyer fails to pay for the goods on time, or if the buyer after the conclusion of the agreement becomes bankrupt, goes into receivership, opens negotiations for compulsory composition or by attachment is found to lack the means to pay his debts or his financial circumstances otherwise turn
out to be such that it must be assumed, that he will be unable to pay the purchase price when it falls due, Carl Stahl A/S shall be entitled, with immediate notice, to terminate the contract and claim compensation from the purchaser for any loss resulting from this default, unless the purchaser, on demand, provides adequate security for payment of the purchase price when it falls due. Carl Stahl A/S is further entitled to take back products already delivered.Under no circumstances shall the Buyer be entitled to set off any counterclaims which have not been approved in writing by Carl Stahl A/S. The delivered goods shall remain the property of Carl Stahl A/S until full payment has been made.
Complaints about defects must be notified to Carl Stahl A/S in writing as soon as possible after receipt of the delivery and no later than 10 days after the time when the buyer has or should have discovered the defect or deficiency in question.Complaints must be notified to Carl Stahl A/S before use.Return of goods can only take place after prior agreement with Carl Stahl A/S and with reference to Carl Stahl A/S return number.
To the extent that Carl Stahl A/S is liable to the buyer, Carl Stahl A/S's liability is limited to the delivered item/service and thus does not include consequential damage to connected equipment and indirect losses, such as lost work, operating losses, installation costs, etc. Carl Stahl A/S assumes no liability arising from the buyer's legal relationship with third parties.A liability for damages or a claim for proportionate rejection against Carl Stahl A/S cannot exceed the amount paid for the item/service sold. Carl Stahl A/S shall not be liable for operating losses, loss of profit or other indirect losses arising from the agreement, including indirect losses arising from delay or defects in the goods sold. Product liability is governed by the rules of Danish law in force at any given time. To the extent not otherwise provided by mandatory rules of law, Carl Stahl A/S shall not be liable for operating loss, loss of profit or other indirect loss. To the extent that Carl Stahl A/S may be held liable for product liability to third parties, the buyer shall be obliged to indemnify Carl Stahl A/S to the same extent as Carl Stahl A/S's liability is limited in relation to the above.
Any order is accepted subject to force majeure, including war and mobilization, civil disturbances, natural disasters, strikes, lockouts, failure of supply of raw materials, fire, damage to Carl Stahl A/S or Carl Stahl A/S' supplier's production equipment, failure of transport facilities, import/export bans or any other event which prevents or limits Carl Stahl A/S or Carl Stahl A/S' supplier's ability to deliver. In the event of force majeure, Carl Stahl A/S shall have the choice between cancelling the transaction or part thereof or delivering the agreed goods as soon as the obstacle to normal delivery has ceased to exist. In the event of force majeure, Carl Stahl A/S shall not be liable for any loss incurred by the Buyer as a result of non-delivery.
If Carl Stahl A/S makes an offer which does not specify a specific period for acceptance, the offer shall lapse if Carl Stahl A/S has not received acceptance within 8 days of the start of the offer.
The Copenhagen Maritime and Commercial Court shall be agreed as the place of jurisdiction for any legal disputes between Carl Stahl A/S and the Buyer, unless Carl Stahl A/S wishes to bring the matter before the Buyer's place of jurisdiction.
Carl Stahl A/S reserves the right to make changes to catalogue material. Drawings, specifications, etc. provided to the buyer before or after the conclusion of the agreement remain the property of Carl Stahl A/S and may not be disclosed without written agreement or otherwise misused. Full ownership of all intellectual property rights arising in connection with Carl Stahl A/S's performance of services, including designs, trademarks and copyrights, shall belong to Carl Stahl A/S.
The rent is calculated on the basis of the prices fixed by the lessor from time to time. The time the equipment is rented is called the rental period, by which is meant the time the equipment has been away from the lessor's business and disposal after the rental agreement. The minimum rental period is 3 days. Rental days are always considered as calendar days. The day the equipment leaves the business is considered the first day of hire. On return, the day of return is counted as a rental day.Rentals are made from Carl Stahl A/S's address unless otherwise agreed. Transport, set-up and pick-up are charged separately.The rented equipment may not be sublet or lent without the written consent of Carl Stahl A/S.Advance booking of equipment is subject to timely return from previous hirer. The lessor is entitled, without special notification, to replace the reserved equipment with another with the same functions.
When renting out equipment, we reserve the right to charge a deposit for the equipment, as well as to see valid identification if necessary.The rental fee will be paid after receipt, inspection and testing of the equipment. For longer rentals also monthly in arrears.
All equipment will be checked before being handed over and we accept no liability for any faults, losses or other costs arising in connection with or as a result of malfunctions.The equipment must be returned in the same condition as it was delivered.The Hirer shall be liable for any loss or damage to the hired equipment and for any breach of the provisions of these Rental Conditions. The renter is responsible for damage and loss caused to the renter, Carl Stahl A/S or third parties that are not due to faults or defects on the part of Carl Stahl. In no event shall Carl Stahl A/S be liable for any loss of business, loss of profits, other indirect or consequential loss or damage, whether or not such loss or damage is attributable to the rented equipment. If Carl Stahl A/S is held liable by third parties, the tenant is obliged to indemnify Carl Stahl A/S against any liability in excess of that which the tenant could assert against Carl Stahl A/S under these rental conditions.Under no circumstances may the tenant, personally or with the help of third parties, attempt to carry out any work on the rented property, including any attempted repair or service work.
In the event of other damage/personal injury/accident, the tenant's own insurance shall cover any costs. The rented equipment is insured by Carl Stahl A/S product liability insurance.When exporting the country, the hirer must take care of the insurance of the equipment, unless otherwise agreed in advance. We reserve the right, in connection with export, to see valid insurance policy.
If the tenant breaches the rental contract, for example by failing to pay the rent at the agreed time, the landlord is entitled without notice to have the rented equipment collected at the tenant's expense. Default in collection also includes bailiff proceedings against the tenant, bankruptcy or other suspension of payments.
Changes to the rental period must be made in writing and with the consent of Carl Stahl A/S. The minimum rental period, corresponding to 3 rental days, is always calculated, even if the rental period is less than 3 days.In case of cancellation later than 1 day before the start of the rental period, the tenant will be charged 50% of the gross rental amount, unless otherwise agreed in advance. In the case of purchased goods, the full amount will be charged.
Carl Stahl A/S reserves the right to make use of force majeure in connection with agreements, including industrial disputes, illness and breach of contract by others.
The rental relationship is governed by Danish law, and in the event of a dispute/civil action, this shall be settled in accordance with CS's General Terms and Conditions of Sale and Delivery.
