BUSINESS TERMS
Our Commitment, Your Safety
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Usage
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Application: These General Terms and Conditions of Sale and Delivery (“Terms”) apply to all agreements for the sale and delivery of construction and building services by Kingsly ApS (“Company”) to business customers within the concrete and casting projects.
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Contractual Base
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Contractual Base: The Terms, along with the Company’s offers and order confirmations, form the overall contractual basis for the Company’s sale and delivery of services to the customer (“Contractual Base”). Customer’s purchasing conditions printed on orders or otherwise communicated to the Company are not part of the Contractual Base.
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Changes and Additions: Changes and additions to the Contractual Base are only valid if agreed upon in writing by both parties.
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Services
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Standard: Services sold and delivered by the Company are carried out with professional craftsmanship.
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Customer’s Cooperation: The customer shall provide the Company with access to personnel and information, as required to execute the services.
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Regulations and Standards: The Company is not responsible for services meeting legal requirements or standards, unless otherwise agreed upon in writing.
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Price and Payment
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Price: Prices for services follow the Company’s current price list at the time the order is confirmed, unless otherwise agreed upon in writing. All prices are exclusive of VAT.
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Travel: Travel in the Company’s vehicles related to the execution of services will be reimbursed by the customer at rates set by the state.
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Expenses: Expenses for food and lodging incurred during service delivery are reimbursed by the customer at cost plus a handling fee of 15%.
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Payment: Payment for services is due Net 14 days unless otherwise agreed upon in writing.
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Late Payment
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Interest: In the event of late payment for reasons beyond the Company’s control, the Company is entitled to interest of 1% per month from the due date until payment is made.
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Termination: If the customer fails to pay an overdue invoice within 14 days of receiving a written payment demand from the Company, the Company is entitled to:
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Cancel the sale of services affected by the delay.
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Cancel the sale of services yet to be delivered or demand advance payment.
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Exercise other remedies for breach of contract.
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Offers, Orders, and Confirmations
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Offers: The Company’s offers are valid for 10 days from the date on the offer unless stated otherwise. Acceptance of an offer received by the Company after the acceptance deadline is not binding unless the Company notifies the customer.
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Orders: Orders must be sent in writing and include the following information for each ordered service: Order number, service number, description of the service, price, payment terms, and delivery date.
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Order Confirmations: The Company aims to confirm or reject orders within 10 business days after receipt. Confirmations and rejections must be in writing.
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Changes to Orders: The customer may not amend an order without the written consent of the Company.
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Discrepancies: If the Company’s confirmation does not match the customer’s order or the Contractual Base and the customer does not wish to accept the discrepancy, the customer must notify the Company in writing within 10 working days after receiving the confirmation.
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Delivery
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Delivery Time: Services will be delivered by the date indicated in the Company’s confirmation. The Company has the right to deliver before the agreed date unless otherwise specified.
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Inspection: The customer must inspect the services upon delivery. Any discovered defects must be immediately reported in writing to the Company.
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Delayed Delivery
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Notice: If the Company expects a delay, it will inform the customer, providing the reason and a new expected delivery time.
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Termination: If services are not delivered within 14 days of the agreed delivery time for reasons beyond the customer’s control, the customer may terminate the affected order(s) by giving written notice to the Company.
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Warranty
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Warranty: The Company guarantees that services are free from significant defects for 12 months after delivery.
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Exceptions: The warranty does not cover defects arising from normal wear and tear, misuse, modifications by parties other than the Company, or other circumstances beyond the Company’s control.
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Notification: If the customer discovers a defect during the warranty period, it must be immediately reported in writing to the Company.
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Examination: Upon receiving a defect report, the Company will examine the claim and inform the customer whether it is covered by the warranty.
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Rectification: The Company will rectify any defects covered by the warranty within a reasonable time after notifying the customer.
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Termination: If the Company fails to rectify a defect within a reasonable time, the customer may terminate the affected order(s).
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Liability
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Liability: Each party is liable for their own actions and omissions under applicable law, subject to the limitations of the Contractual Base.
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Limitation of Liability: The Company’s liability to the customer shall not exceed 100% of the net invoiced amount for services sold during the previous 12 months.
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Indirect Damages: The Company is not liable for indirect damages, including loss of production, sales, profit, or goodwill, unless caused intentionally or through gross negligence.
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Force Majeure: The Company is not liable for delays or non-fulfilment of services due to force majeure events, including but not limited to strikes, fires, natural disasters, war, and pandemic.
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Applicable Law and Jurisdiction
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Applicable Law: The Contractual Base and any disputes arising out of it are subject to Danish law.
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Jurisdiction: Any disputes that cannot be amicably resolved between the parties shall be decided by Danish courts.
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