Rental, sales and delivery terms and conditions
The terms and conditions apply to all our companies
The following terms and conditions apply as of 1 December 2022
§1. Basis of the agreement
These rental terms and conditions apply to Dansk ABC Holding ApS, CVR 26597455, as well as the companies Concept Living A/S by abc, ABC Pavilloner A/S, ABC Jord & Kloak A/S, ABC Inventar A/S and Dansk ABC Ejendomme A/S (hereinafter collectively referred to as “ABC”).
All rentals are made on the basis of these rental terms and conditions, which are binding for agreements regarding the rental of products (hereinafter referred to as “Deliveries”) from ABC to the lessee (hereinafter “Lessee”), unless ABC approves otherwise in writing.
All of the above-mentioned companies, collectively referred to as ABC, have a unilateral right to assign agreements, including their rights and obligations, to group-affiliated companies.
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Download a PDF with the applicable rental, sales and delivery terms and conditions compiled in one document
§2. Offer and order confirmation
Offers must be made in writing to be valid and are valid for 20 business days from the date of issue, after which they lapse. An offer must be followed by a written order confirmation to be valid. Any special reservations by the Buyer must be stated in the order confirmation if they are to be enforceable against ABC.
The Buyer is responsible for checking the received order confirmation immediately upon receipt. ABC is not responsible for errors or misunderstandings in the order confirmation. The Buyer must notify ABC within two days if the order confirmation does not correspond to the agreed terms. Otherwise, the Buyer is bound by the order confirmation. A final agreement on delivery is only concluded upon the Buyer’s receipt of the order confirmation.
The Buyer may only change or cancel orders by prior agreement and only if ABC assesses that production has not progressed too far. The Buyer is obliged to indemnify ABC for all costs associated with the change or cancellation, including costs for drafting, redesign, increased production costs, etc.
§3. Technical information
Technical information, specifications, product information, catalogues, brochures, user manuals, etc. regarding the function, use and other technical data of products are for guidance only, unless otherwise expressly agreed in writing.
§4. Delivery & installation
Delivery is ex works unless otherwise agreed in writing. The transport price is at the Buyer’s expense and will be calculated according to applicable rates. For uneven or sloping ground, the Buyer must expect a surcharge.
The Buyer is responsible for ensuring that delivery can take place via unobstructed access roads and that driving can proceed unhindered on a stable, load-bearing and level surface where no road plates, mobile crane or similar are required.
The haulier shall unilaterally assess whether the requirements are met. In the event of obstacles, the Buyer must immediately indicate an alternative delivery location within 10 km of the agreed delivery address. Otherwise, the delivery will be returned at the Buyer’s expense and risk until delivery is possible.
The Buyer bears the risk of damage to access roads, concrete floors or similar, as well as to underground installations of any kind that may be damaged during transport.
§4.a. Foundation
The Buyer is responsible for ensuring that the delivery can be installed in accordance with applicable rules under BR18. To the extent that delivery cannot take place due to circumstances attributable to the Buyer, the delivery will be returned. Storage is at the Buyer’s responsibility, expense and risk. The Buyer is obliged to pay for the purchased item, regardless of whether delivery can take place or not.
It must be agreed separately if ABC is to carry out casting of point and/or strip foundations.
§5. Connections
Connections are not part of the offer but may be agreed separately. If it has been agreed that ABC is to carry out the connections, connections are always made to the Buyer’s pre-installed lines under the building with the necessary capacity. If this is not the case, a separate price for the connection will be agreed.
§6. Prices
All prices are excl. VAT, government duties and fees, building permit, and any fee and duty for the same.
ABC is entitled to pass on documented price increases as a result of increases in material prices (exceeding 10% of the price of the relevant material on the offer date), changes in exchange rates, freight, taxes and VAT, duties, customs and the like.
§7. Defects & complaints
Deliveries are supplied with a 5-year liability for defects in the delivery. The liability period is calculated from delivery. During the liability period, ABC has the duty and the right to remedy defects. After this time, the Buyer cannot make claims against ABC.For errors and defects in the delivery, ABC is liable in accordance with the general rules of Danish law on damages.
ABC’s liability for defects shall in no case exceed the lowest of the following:
i) the order amount,
ii) the order amount for the part of the delivery (successive deliveries) that is defective, or
iii) DKK 500,000.
The Buyer is obliged to inspect the delivered goods immediately upon receipt. If the Buyer wishes to invoke that the delivered goods are affected by an error or defect, the Buyer must immediately notify ABC of this in writing. The Buyer may not invoke remedies for breach if the above is not complied with.
If delayed delivery compared to the finally agreed delivery date is due to circumstances solely attributable to ABC, the only sanction is compensation. To the extent that ABC is liable for a delay, ABC’s total liability may not exceed 7.5% of the order amount for the part of the delivery (successive deliveries) that is delayed. ABC is not liable for operating losses, loss of profit or other indirect loss.
If ABC is held liable for damages, the Buyer is obliged to indemnify ABC to the same extent as ABC’s liability is limited by these sales and delivery terms and conditions. The Buyer is obliged to notify ABC if a third party makes a claim for liability for damages.
§8. Product liability
ABC is liable for product damage in accordance with the general rules of Danish law. ABC’s product liability does not include operating losses, loss of profit or other indirect loss.
§9. Payment
Payment terms are net cash 20 calendar days from the invoice date unless otherwise agreed in writing. In the event of late payment, the Buyer will be charged default interest on the overdue amount at 2% per commenced month from the due date.
§10. Force majeure and other unforeseen circumstances
In all circumstances beyond ABC’s control, such as war, rebellion and unrest, strike, lockout, labour disputes, blockade, export and import bans, government measures, seizure, currency restrictions, general shortage of goods, failure of raw material supplies, fire, theft, natural disaster, obstacles due to pandemics, machinery breakdown, delay from a subcontractor or similar, ABC is entitled to postpone the delivery in whole or in part. The Buyer is not entitled to compensation in such cases. If ABC wishes to invoke this provision, the Buyer must be notified thereof without undue delay.
§11. Disputes
Danish law applies to all deliveries. Any dispute that may arise between the parties shall be settled by the Court in Viborg, unless ABC decides that the dispute shall be settled by arbitration.
If the case is to be settled by arbitration, the arbitral tribunal shall be established in accordance with the rules in AB18 §69. The parties’ legal relationship shall be governed by Danish law.
§12. Title
ABC retains full title to the sold goods until full and final payment has been received. ABC is entitled to repossess the sold goods if the Buyer breaches its payment obligation.
§13. Personal data
ABC’s personal data policy is “Business to business”.
The Buyer must provide the following information to ABC:
- Name, address, telephone number & email address.
We register the information for the purpose of being able to deliver the delivery.
Personal data is registered with ABC and stored for five years to comply with the requirements of the Danish Bookkeeping Act, after which the data is deleted. As a data subject registered with ABC, you always have the right to object to the registration. You also have the right of access to which information is registered about you. You have these rights under the Danish Act on Processing of Personal Data, and enquiries in this regard should be addressed to ABC by email: [email protected]