Build the right house first time
It costs a little more to have a completely brick built house, but it's a very worthwhile investment. The inner walls made of bricks help to adjust the building's temperature, as they store heat and cool air.
The special terms and conditions that appear below, which have been drawn up by Kalk- og Tegl-værksforeningen af 1893, are applicable as a supplement to the General Conditions for the provisions of works and supplies within building and engineering, AB 92. AB 92 is applicable to the extent that there is no deviation with respect to the special terms and conditions appearing below. In AB 92 the employer shall be defined as the buyer and the contractor as the vendor, cf. AB 92 section 1, subsection 2. AB 92, sections 6, 7, 12, 19, 22, subsection 2 and subsection 3, 28, 29, 36, subsection 3, 37, 38 and 39 are not applicable.
1.1 Unless otherwise agreed, delivery takes place at the construction site. The risk of damage is assigned to the buyer at the time of delivery.
1.2 The place of delivery must be accessible by means of roads suitable for heavy goods vehicles.
1.3 The buyer is liable for any damage to roads and pavements in connection with delivery along specified or requisite roadways and for the delivery itself being able to be received.
1.4 The buyer must verify immediately after reception that the delivery corresponds to that which was ordered and does not suffer from any visible defects. Any claims with regard to such matters and with respect to any defects that are discovered when unpacking the delivery must be submitted as soon as possible and no later than the point in time at which the bricks or tiles are laid up or mortar is used.
2.1 Unless a fixed price has been agreed, the current price on the date of delivery is paid. Reservations are made for effecting price changes if such changes can be attributed to rising energy prices – or other circumstances beyond the control of the vendor.
2.2 Unless otherwise agreed, packaging and transport costs are invoiced separately. Only the return of undamaged pallets is accepted.
3.1 The vendor is entitled to an extension of time limits in the event of defective firing of the bricks or tiles, stoppages and similar events, in addition to other situations referred to in AB 92, sections 24 and 26.
3.2 Delays which do not entitle the vendor to an extension of time limits shall be considered the liability of the vendor. Unless otherwise agreed, liability cannot exceed a penalty that is calculated as 0.2% of the agreed purchase price of the delayed consignment per working day, although a minimum of DKK 2,000.00 per working day applies. The total penalty amount cannot exceed 7.5 % of the agreed purchase price of the delayed consignment.
3.3 In the event that a delay is due to circumstances related to the buyer in which the buyer is not entitled to an extension of time limits, the vendor is entitled to compensation or reimbursement pursuant to the provisions in AB 92, section 27.
3.4 If successive delivery is agreed, the buyer shall provide call-off of the delivery by providing at least 3-5 days’ notice.
4.1 The vendor cannot be held liable for damage or losses caused by disregard of the vendor’s instructions and the standards and specifications that are applicable at any time for laying up of tiled roofs, brick constructions and mortar. Neither is the vendor liable for damage or losses caused by any failure of the buyer’s acceptance testing, cf. item 1.4.
4.2 Bricks and roof tiles are produced from natural materials, and it is therefore inevitable that colour differences may occur. In such circumstances, the buyer is not entitled to submit a claim. It is recommended that roof tiles and bricks are mixed from different pallets during construction work.
4.3 Irrespective of the degree of care taken when loading, transporting and unloading, some damage to the bricks or tiles is inevitable. An additional quantity of approximately 5% is recommended.
4.4 With regard to the vendor’s liability for defects, section 10, subsection 4 of AB 92 is applicable, according to which the vendor is liable for a period of 5 years from delivery taking place, although no more than 6 years from delivery to stock.
4.5 In the event of any consequential damage, section 35, subsection 1 of AB 92 is applicable. The vendor is not liable for operational losses, loss of profits or other indirect losses, cf. AB 92, section 35, subsection 2.
5.1 The vendor is not under any circumstances liable for operational losses, loss of profit or other economic consequential losses.
6.1 This Agreement and all contracts of sale entered into between the parties shall be governed by and construed in accordance with the laws of Denmark without giving effect to any choice of law or conflict of law provisions. Any suits, actions or proceedings that may be instituted by either of the parties against the other shall be instituted exclusively before the competent courts of Denmark, however, without prejudice to the parties’ right to bring suits, actions or proceedings in any other court which would have jurisdiction if this provision had not been incorporated into this Agreement.
Current month + 8 days’ net.
Interest is charged in the event of late payment.
It costs a little more to have a completely brick built house, but it's a very worthwhile investment. The inner walls made of bricks help to adjust the building's temperature, as they store heat and cool air.
