General Terms Of Sale And Delivery - Bukh DV24 ME Owner's Handbook Manual

OPERATING MANUAL FOR BUKH DV24ME ENGINES
1. Introduction
The terms of sale and delivery specified below shall
apply to all quotations, orders and consignments
unless otherwise specified in any other written
agreement.
2. Quotations
Quotations shall be subject to confirmation and the
goods being unsold. Aabenraa Motorfabrik reserves
the right to change unconfirmed quotations without
notice. The prices stated are exclusive of value-
added tax and other duties.
3. Orders
Any order shall be confirmed in writing by Aabenraa
Motorfabrik in order
consignments can be considered as binding.
The order will be delivered at a confirmed price
subject to price increases resulting from changes in
trade conditions, duties, rates of exchange, raw
material supplies and similar conditions.
Cancellation will only
arrangement and against payment of expenses in-
curred.
Illustrations, dimensioned sketches, as well as the
contents of leaflets, catalogues, circular letters, etc
are approximate and with no binding effect.
When carrying out the order, Aabenraa Motorfabrik
reserves the right to make any changes which are
deemed necessary from a technical point of view.
4. Terms of Delivery
Delivery will be "ex works" (INCO terms).
Aabenraa Motorfabrik shall not be responsible for
delays or obstacles due to force majeure, for
example labour conflicts, fires, currency restrictions,
shortage of labour and means of transport, general
scarcity of goods, restrictions on power and flaws in
consignments from subsuppliers or delay in such
consignments, or any other conditions beyond the
influence and control of Aabenraa Motorfabrik as
well as delay caused by the customer not having
supplied sufficient technical information punctually.
If the customer fails to observe the terms stipulated
for payment of the purchase price, Aabenraa
Motorfabrik shall be under no obligation to make
delivery.
Aabenraa Motorfabrik shall not pay any damages
for delays in delivery.
5. Packaging
Packaging is included in the price of the product
and will not be taken back.
6. Payment
Payment for all consignments shall be made directly
to Aabenraa Motorfabrik, Aabenraa, Denmark.
The customer shall not be entitled to withhold
payment because of any counterclaims.
009W0825-R02

General Terms of Sale and Delivery

that an agreement on
be accepted as per
If payment should be effected later than the
stipulated settling date, interest shall be paid on
overdue payments at the rate of 1.5 per cent per
month or fraction of a month. Aabenraa Motorfabrik
reserves the right to change the rate of interest.
Any consignment shall remain the property of
Aabenraa Motorfabrik until payment has been made
in full, and the
consignment insured against fire and damage - in
case of marine plant, against sea risk - at the total
new value from the date of shipment from the
factory and until full payment has been effected.
7. Remedying Defects
If the consignment
Aabenraa Motorfabrik undertakes during the first 24
months after the consignment has been put into
service, however, not beyond 30 months from the
day the consignment is reported to be ready for
shipment, in the case of spare parts, however, 3
months from shipment, to remedy defects which are
due to faulty design, materials or workmanship.
However, the obligation to remedy defects is
conditional on the operating conditions contained or
provided in the agreement being observed and the
consignment being used and operated correctly.
Defects which are due to 1) improper storage
before or during installation, 2) insufficient main-
tenance, 3) incorrect installation by the customer, 4)
changes of the consignment carried out without the
written consent
incorrect or inexpedient repairs made by the
customer or others, 6) normal wear or deterioration,
rust, corrosion, deposits caused by water, foreign
matter in pipes or the use of unsuitable oils, shall
not be covered by Aabenraa Motorfabrik's obligation
to remedy defects.
Unless otherwise stipulated, all transport and
mounting of defective, repaired and replaced equip-
ment shall be at the customer's account and risk.
Parts of the
manufactured by Aabenraa Motorfabrik will only be
replaced to the extent that Aabenraa Motorfabrik is
compensated for them by the subsupplier.
Aabenraa Motorfabrik's liability for defects is limited
to the above-mentioned obligation. Aabenraa Motor-
fabrik shall only pay damages if it is proved that the
loss caused by the defect is due to gross negli-
gence or intentional circumstances on the part of
Aabenraa Motorfabrik. Aabenraa Motorfabrik shall
in no circumstances be held liable for operation
loss, loss of profits or any indirect damage.
8. Arbitration
Any disputes are to be settled according to Danish
law by arbitration in Copenhagen according to the
rules of the International Chamber of Commerce
and in accordance with the Danish Act on
Arbitration of 1972.
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customer must keep
should prove
of Aabenraa Motorfabrik,
consignment which
the
defective,
5)
are not