Conditions of sale and delivery
These conditions of sale and delivery shall apply to all quotations, sales and deliveries, unless otherwise agreed in writing.
- Terms of payment
The prices shown are net 30 days from date of delivery unless otherwise stated. If payment takes place more than 30 days from the date of delivery, EOT Energy will charge interest on the invoice amount at the rate of 1% per month or beginning thereof.
The prices shown are excluding VAT.
- Price changes
In the event of changes to customs duties, taxes or other duties or if new customs duties, taxes or other duties are imposed, EOT Energy may amend the prices correspondingly up until the date of delivery.
- Terms of delivery
Delivery is ex-warehouse. The mentioned time of delivery is indicative and based on information from EOT Energy’s supplier, including the manufacturer’s capacity at the time of ordering. Any delays in delivery that are not the fault of EOT Energy must be accepted by the buyer, and no claim for compensation or rescission of the transaction can be made against EOT Energy. A material delay caused by the negligence of EOT Energy entitles the buyer to rescind the transaction but not to claim compensation. We especially point out that EOT Energy cannot be held liable for consequential damage, including operating losses, loss of profit and claims made by parties downstream.
- Risk for the goods supplied
The goods are deemed to have been delivered once they have been handed over to an independent carrier. The risk for the goods supplied passes to the buyer upon delivery. The buyer is responsible for insuring the goods from the time of delivery.
If EOT Energy provides a quotation that does not specify a deadline for acceptance, the quotation will lapse unless acceptance reaches EOT Energy no later than four weeks from the date of the quotation.
- Product specifications
The buyer carries the risk that the goods, including the technical data, meet requirements. If the buyer does not indicate specific requirements to quality, the goods will be supplied in accordance with the certification specifications of EOT Energy’s supplier.
- Complaints and defects
The buyer shall examine the goods immediately upon receipt. Any defects shall be reported in writing without undue delay if EOT Energy is to be held liable. In the event of transport damage, a complaint must immediately be made against the carrier.
EOT Energy cannot be held liable for shortages unless a written complaint has been received from the buyer within seven days from the date of delivery. EOT Energy’s liability for shortages is limited to a subsequent delivery or a credit for the value of the shortages in accordance with the invoice.
As regards all quality defects or shortcomings for which EOT Energy is liable, EOT Energy reserves the right to remedy any defects or deliver replacement goods at no cost to the buyer. EOT Energy’s liability to the buyer or a third party shall not, in any circumstances, exceed EOT Energy’s net invoice price for the goods.
The buyer must submit a claim for any quality defects or shortcomings within 24 months of the date of delivery. After that date, the buyer’s right to complain lapses. EOT Energy disclaims liability for any damage or loss that may have been caused by defective goods. EOT Energy shall also not be liable for defects, shortages or delays caused by matters beyond the control of EOT. This applies in connection with, for example:
- unusual wear and tear
- incorrect use or handling of the goods
- defective maintenance, assembly, repair or modification carried out by individuals beyond the control of EOT.
EOT may take out transport insurance for the purchased goods for the account of the buyer.
The return of goods is subject to prior written agreement.
If the buyer is entitled to rescind the transaction or if the goods are returned to EOT in view of replacement or remedying of defects, the goods must be sent to EOT in their original packaging at the buyer’s risk and expense. To the extent that EOT incurs transport costs, etc., EOT is entitled to demand that such costs be refunded by the buyer and to offset such costs against any claims the buyer may have against EOT. Upon completion of repairs or replacement, the buyer is obliged to collect the goods repaired or replaced from EOT at the buyer’s risk and expense.
- Force majeure
All orders are subject to force majeure.
The goods sold remain the property of EOT until the purchase price has been paid in full.
- Product liability
EOT shall incur liability in accordance with applicable law in cases where the goods/products cause damage as a result of a defect in the goods/products or an act or omission that gives rise to liability:
- to movables and ships, while the goods/products are in the possession of the buyer.
- to products manufactured by the buyer, or of which EOT’s goods/products form part, or damage caused to movables, installations etc. by such goods/products,always provided that EOT’s liability is limited to DKK 10 million.
EOT shall under no circumstances be held liable for operating loss, loss of profits or any other indirect loss.
In the event that a third party makes a claim against the buyer, the buyer shall be under an obligation to immediately inform EOT thereof in writing and keep EOT informed on an ongoing basis of the development of the action for damages. In the event that a third party brings an action against EOT as a consequence of property damage, the buyer shall be under an obligation to let such action be brought against him at the same court or appear before the same arbitration tribunal which hears the claim for damages against EOT, or at another court or arbitration tribunal chosen by EOT.
All disputes shall be decided by a Danish court with the court in Esbjerg as the court of first instance.