Terms and conditions for delivery and payment
1. THE DELIVERY
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. EXTENSION OF TIME LIMITS AND DELAYS
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. LIABILITY FOR DAMAGE TO PROPERTY CAUSED BY THE MATERIAL (product liability)
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.
TERMS OF PAYMENT
Current month + 8 days’ net.
Interest is charged in the event of late payment.
OTHER TERMS AND CONDITIONS
- Any damage to masonry that has not undergone surface treatment is of no consequence to the vendor in the event that the following guidelines have not been observed:
- Surface treatment must not be commenced before the moisture has evaporated out of the masonry.
- Only frostproof façade bricks may be used. In the case of particularly exposed masonry, soft-moulded façade bricks must be used.
- The vendor carries no liability in the event that the manufacturer of the material for surface treatment cannot document prior to use – via a test report from the Danish Technological Institute, Masonry, 8000 Aarhus – that the water vapour diffusion resistance of the material does not lead to a risk of flaking.
- All laying up of bricks must be performed such that the need for acid cleaning is unnecessary or is minimised. Some types of bricks must not be cleaned with acid. Please refer to guidelines at www.randerstegl.dk
- In order to avoid discolouration and frost damage, the brickwork must be covered such that water is not absorbed.
- Garden tiles/paving bricks. When using joint filling sand and crushed stone designed to prevent the formation of weeds, it is important to follow the instructions of the sand supplier.
- In the event that the stated delivery time is exceeded by more than one month, and no other agreement exists, the order is regarded as cancelled.
- Pantiles and interlocking tiles must be laid up on roofing underlay. Interlocking ridge tiles and hip tiles are always laid up without mortar, and otherwise in accordance with TEGL 36, November 2005 – Laying up of tile roofs.
- Højslev Tegl roof tiles are delivered on DS-marked EUR pallets. Only these pallets are accepted for return.
- Højslev Tegl reserves the right to carry out delivery of roof tiles.
- Collection of goods is only accepted in the event of prior agreement on consignments of less than 2,000 pieces.
- During transport a roof tile may wear away a small section of the film / surface treatment on the roof tile behind. This will have the appearance of a small mark, but has no impact on the quality of the tile and thus does not qualify for a warranty claim.
- When working on tiled roofs, ladders should be used or steps installed.
- Surface cracking can occur on all glazed and engobed products.
- The delivery schedule must be specified. If the delivery schedule is postponed more than once, the vendor reserves the right to invoice 5 % of the value of the order to cover handling costs and any changes to the order.
- Orders of products that are made-to-order are binding for the buyer.
- For other products, the vendor reserves the right to debit a cancellation charge of 5 % of the value of the order concerned. This 5 % is in part designed to cover costs in connection with acceptance of the order, registration, etc.
- In the event of the return of undamaged goods of own manufacture, the invoice price will be credited less 35 % and less any return transport.
- Goods of other manufacture, exterior cladding tiles, lintels, composite masonry beams and worked up roof tiles (i.e. glazed, engobed and blue-reduced roof tiles), as well as broken pallets, are not accepted for return.
- In the case of pre-stressed composite masonry beams and lintels, any changes to, or cancellations of, agreements will result in a fee being invoiced for any work performed and any expenses incurred.
SPECIAL TERMS AND CONDITIONS
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.