General terms and conditions of sales and delivery
1. Scope of application
1.1 These general terms and conditions of sale and delivery apply to all purchase agreements between Conmas ApS and the Buyer, unless another written agreement has been entered into.
1.2 If the Buyer disagrees with the content of the purchase agreement, he must submit an objection no later than 5 working days after entering into the purchase agreement, but no later than upon delivery.
1.3 Subsequent agreements are only binding if they have been accepted in writing by both parties. If the purchase agreement deviates from the wording of the order confirmation, the purchase agreement will take precedence over the order confirmation.
1.4. When placing an order on the Seller’s website, the Buyer will automatically receive a receipt by email, which states what the customer has reserved. This email is only an electronic receipt that the Seller has received the customer’s order, and not an acceptance thereof. As acceptance, the Seller then sends an order confirmation or refusal within 2 working days.
2.1 All prices stated in offers, order confirmations and purchase agreements are daily prices with the proviso that there have been no changes to public taxes, customs tariffs, exchange rates, price increases, changes in specifications, typographical errors, etc. before delivery, and are exclusive of VAT. The prices are given in Danish kroner (DKK).
2.2 If such changes have taken place, the Seller reserves the right to adjust the stated prices to compensate for this. The Seller also reserves the right to cancel the order.
3. Delivery and transfer of risk
3.1. Unless otherwise agreed, delivery takes place from the Seller’s business address.
3.2. If it has been agreed that the Seller must ship the goods to an address specified by the Customer, the Buyer bears all costs for freight, shipping and any insurance. The Buyer bears the risk of accidental destruction or deterioration of the goods when the goods leave the Seller’s business address.
3.3. The Buyer is obliged to collect the purchased item within 6 days after the Seller has declared it ready for collection.
3.4. If delivery due to the Buyer’s circumstances is delayed in relation to the agreed delivery time, the Seller has the right to concentrate the delivery and notify the Buyer accordingly. The Seller is then entitled to send an invoice, regardless of whether the Buyer has collected as agreed.
3.5. The Seller reserves the right to partial delivery.
3.6 Goods in stock are delivered within 2-6 working days. The stock status will appear from the sent order confirmation. If goods are not in stock, the customer will be informed of the delivery time.
4. Seller’s responsibility in case of delay
4.1. Unless otherwise expressly stated in the basis of the agreement, the delivery time stated by the Seller is approximate. The Seller can require the delivery time to be changed by any change in or addition to the order.
4.2 Stated delivery times are calculated from the time when the final order has been agreed and all information necessary for the execution of the order is available.
4.3. Any delays do not entitle the Buyer to cancel the transaction unless the delay lasts longer than 60 days.
4.4. The Buyer cannot, as a result of the Seller’s delay or own cancellation of the agreement, raise claims for compensation for loss of operation, loss of time, loss of profit or other indirect loss that arises as a result of delay or defects in the delivered.
4.5. If there is a delay or delivery is made impossible as a result of circumstances, including e.g. strike, lockout, lockdown, fire damage, lack of means of transport, deficiencies in or delays in services from sub-suppliers, or other circumstances which cannot be attributed to the Seller and which were unknown to the Seller at the time of the purchase agreement, the Seller is not responsible for the Buyer’s possible derivatives both directly and indirect losses.
4.6. Delay caused by reasons listed under section 4.5. only gives the Buyer the right to cancel the contract if the purchased item is not delivered no later than 8 days before the respective Buyer’s season of use for the purchased item.
4.7. The Seller’s delivery obligation is suspended for as long as the delivery impediment lasts, cf. 4.5., and the Seller has the right to cancel the purchase when the delivery obstacle has lasted for more than 60 days, without this entitling the Buyer to claim compensation of any kind.
5. Service, complaints, and defects
5.1 The Buyer is obliged to carefully observe the instructions in the Seller’s documentation, including brochures, instructions, or other written or oral information from the Seller regarding the use and maintenance of the purchased item. The Buyer is obliged at all times to ensure that the purchased item is used in accordance with this.
5.2 Upon receipt, and before the purchased item is put into use, adjusted, or processed, the Buyer must check whether the purchased item corresponds to the agreed quality and quantity, and check for any defects.
5.3 If the Buyer finds that the purchased item is not in accordance with the contract, the Buyer must immediately report to the Seller in writing, with a description of the defect. Complaints about defects must be received by the Seller no later than 14 days after the defect is or should have been discovered by the Buyer.
5.4 When purchasing new goods, including machines, electrical systems, tires and hoses, any claim for defects, regardless of type, must be made no later than 12 months from the date of delivery, and for the sale of new spare parts no later than 6 months from the date of delivery, unless otherwise stated in writing agreed.
5.5 For new goods, within the period of 12 months, the Seller will exchange parts that are defective due to material, assembly, or manufacturing defects. Exchange will not take place if the error is due to the Buyer not having followed the Seller’s instructions, cf. 5.1., if replacement is desired due to normal wear and tear, if other spare parts than the original ones or those specified by the Seller have been used, or if the repair has been carried out by other than the Seller’s approved workshops.
5.6 Costs in connection with justified complaints are borne by the Seller. However, the Seller is not obliged to bear the installation costs in cases where installation can normally be carried out by the Buyer. If the Buyer has had additional equipment installed after delivery, the Buyer himself bears any additional costs caused by this in connection with remedying the defect. The Seller reserves the right to invoice the Buyer for the costs of unjustified complaints.
5.7 If defects are found that can be asserted against the Seller, the Seller is, at its own discretion, entitled and obliged within a reasonable time to either re-deliver, remedy the defect, or give the Buyer a proportional reduction in the agreed purchase price.
5.8 As a result of defects in the purchased item or its own termination of the agreement, the Buyer cannot claim compensation for loss of operation, loss of time, loss of profit or other indirect loss, unless the Buyer can document that the defect is due to gross negligence on the part of the Seller.
5.9. The Seller cannot be obliged to pay compensation of more than DKK 100,000 in total for defects per purchase agreement.
5.10. If the Seller initiates negotiations with the Buyer with a view to finding an amicable solution to a complaint, this does not imply that the Seller has acknowledged the complaint. The Seller is therefore still entitled to make the agreed complaint deadlines and limitations of liability applicable to the Buyer.
6. Used/exchanged goods
6.1. When selling or exchanging used goods, including machines, spare parts, etc., these are traded as they are and are available without any liability and without any right of complaint, cf. however the provisions mentioned below.
6.2. If the selling party has disregarded its duty of loyal disclosure or if the machine, etc., is in a significantly worse condition than could be expected taking into account the price and the circumstances, section 6.1. does not apply.
6.3. In the case of the sale or exchange of used machines, however, the purchasing party has the right of complaint in connection with defects no more than 4 months after delivery.
6.4. Unless otherwise agreed, the Buyer guarantees the km/hours, year of the machine sold/traded in by the Buyer and that the machine is unencumbered, unless otherwise agreed in writing.
6.5. In case of sale with exchange of used goods, the seller reserves the right to pursue possible subsidies in relation to energy savings.
7.1. Payment is made in cash upon delivery, unless otherwise agreed in writing. If the Buyer has paid on Conmas.dk, the money will be withdrawn upon dispatch.
7.2. If the agreed payment time is exceeded, the Buyer must pay 2% per started month in default interest from the day of delivery until payment is made and a fee of DKK 300 for each written reminder of payment.
7.3. The Seller reserves the right to write off the Buyer’s payments in advance of any interest and costs incurred by the Buyer, insurance premiums as well as any repair and spare parts costs in connection with the purchased item. If payment is used in the aforementioned manner, it does not imply a breach of the Buyer’s obligations, as the agreed installment plan is extended accordingly in accordance with § 28, subsection 2 of the Credit Agreements Act. 3.
8. Credit purchase, retention of title and insurance obligation
8.1. The Seller reserves ownership of the item sold until full, valid payment of the purchase price, interest, costs, etc. has taken place.
8.2. If the purchase is made on credit, the Buyer is obliged to sign a purchase agreement, insurance application, etc. before delivery on demand. The Buyer is obliged to take out the necessary liability, comprehensive and fire insurance and, on request, is obliged to document compliance with this by presenting policies and receipts for premiums paid. The Buyer must ensure that the seller has transport in any insurance sum until the purchased item is paid for in full. The insurance sum serves to fulfill the Seller’s receivables in advance, insofar as it is not used to repair the purchased item.
8.3. The Buyer must keep the purchased item in good and proper condition and must give the Seller access to inspect the purchased item.
8.4. The Buyer is not entitled to sell, pledge or otherwise dispose of the purchased item in such a way that a third party obtains rights over it. If the purchased item is rented out or lent, the Buyer is obliged to take out the necessary, extended insurance policies, cf. 8.2.
8.5. The Buyer may not, without prior written consent from the seller, leave the purchased item to others for repair, unless the repair is paid for in cash.
8.6. In the event of a permanent change of address, the Buyer must immediately notify the Seller of this.
9. Product liability
9.1. The Seller’s liability for damage to property cannot exceed DKK 2 million.
9.2. It is agreed between the Buyer and the Seller that the Seller can never incur a higher responsibility for product liability than what follows from the rules of the Product Liability Directive.
9.3. The Seller is only liable for damage if the Seller has acted grossly negligently.
9.4. Regardless of section 9.1-9.3. however, the Seller is not liable in any case for indirect losses, including loss of property, operating loss, loss of profit, loss of time, etc., unless the Buyer can document that the loss is due to gross negligence on the part of the Seller.
9.5. If the Seller is liable to a third party due to the Buyer’s use, addition, modification, scrapping, disposal, sale, loan, rental, leasing or other disposal of the sold machine, the Buyer is obliged to indemnify the Seller to the extent that the liability expires above the limits stated in section 9.1.- 9.4.
9.6. Both Buyer and Seller are obliged to allow themselves to be sued at the same forum which deals with any product liability case against the other party.
10. Personal data
10.1. In connection with this transaction, the Seller of the Buyer has received personal data from the Buyer, which the Seller has registered as part of this agreement. Regarding information on the processing of personal data is referred to the personal data policy on the Seller’s website.
10.2 In the case of the purchase of machines or equipment with a GPS function and registration functions, the Buyer’s/user’s personal data may be processed (typically the name of the Buyer, the Buyer’s machine’s ID no. and time, time and geographical location), as part of the execution of the function , and the Buyer hereby consents to the Buyer’s personal data being processed to the extent necessary as part of the function and that the Buyer has ensured that any users’ data can legally be collected and processed. The place of treatment appears in the instruction manual etc. and may be outside the EU.
10.3 In the event of the creation of a warranty and/or complaint case or otherwise as part of compliance with the Seller’s obligations towards the supplier/manufacturer, the Buyer’s personal data may be transferred (typically the Buyer’s name, address, email, telephone number, time of purchase and identification of the purchased) to the extent necessary to an importer or manufacturer who may be located outside the EU.
10.4 The Buyer can withdraw consent at any time, but this may cause disadvantages, including reduced access to GPS info and warranty.
11. Especially for private customers
11.1 In the case of trade that does not take place as part of commercial activity, a 14-day right of withdrawal applies. The right of withdrawal must be made in writing and unambiguous. Return of the goods is at the Buyer’s own expense.
11.2 Likewise, the Buyer as a Consumer has a 24-month right of complaint from the date of delivery. If the goods are defective and the Buyer has complained within a reasonable time after the defect has been discovered, the Buyer has the right to ask for rectification, redelivery, a proportionate reduction in the price or cancellation of the purchase, depending on the specific situation.
12.1 Disputes about or in connection with this agreement are settled according to Danish law by legal action at the district court in Hjørring.