Conditions

KAMI JERN ApS / KAMI STÅL A/S

Sales and delivery terms apply to all products supplied by KAMI, unless otherwise agreed in writing by KAMI.

Offer

Unless otherwise agreed and expressly stated in the offer, an offer is valid for 14 days from the date of issue. KAMI reserves the right to revoke an offer at any time before the buyer’s acceptance.

Once an offer is accepted, it cannot be canceled by the buyer without the written consent of KAMI, and then it can only be done on terms that ensure KAMI against loss, however, against a minimum compensation of 5% of the contract value.

Time of Delivery

The time of delivery must, unless otherwise agreed in writing, be counted from the day on which the written order and, if requested, prepayment is received. The delivery date is the date on which the goods must be ready for dispatch from our factory in Denmark. The time of delivery can be postponed without KAMI being liable if it is due to delayed, incorrect or incomplete information from the buyer.

In case of delay in delivery due to unforeseen circumstances, KAMI must immediately inform the customer of the delay and give a new and reasonable delivery date. KAMI’s liability for losses that the buyer may suffer in connection with a delay or missing delivery may never exceed the current order price.

Delivery

The delivery only includes equipment / parts mentioned in the offer / order confirmation / contract. If no other written agreement has been made, the delivery terms are ex works and exclusive of packaging.

Payment

The terms of payment are as stated in the offer / contract. If nothing else is stated, the terms of payment are net 14 days.

Late payments will be charged 1.75% interest per month.

Reservation of title

All goods delivered remain the property of KAMI until the purchase price incl. possible interest and costs have been received by KAMI.

Force majeure

KAMI cannot be held liable for delayed delivery, partial delivery or non-delivery due to fire, natural disaster, war or war-like condition, uprising, strike, lock-out, government intervention or other factors beyond the control of KAMI or their subcontractors.

Return of products

Return of products, incl. spare parts, cannot be done without the written consent of KAMI.

Installation

KAMI offers to install the equipment at the buyer’s expense.

Start-up

KAMI offers start-up / commissioning of the equipment at the buyer’s expense.

Warranty and Claim

During the warranty period, KAMI must rectify any faults in the equipment supplied when the fault is due to our (KAMI’s) faults in design, material selection and / or execution. The equipment must be repaired or replaced in accordance with these conditions.

The warranty period is calculated from the time of dispatch as follows:

• 12 months when working in one shift
• 6 months when working in two shifts
• 4 months when working in three shifts.
• If the buyer finds a defect, he must inform KAMI in writing of the nature of the defect.
• The warranty covers only defects that occurred during the agreed operation/use and when properly handling the equipment. KAMI’s liability will automatically lapse if non-original wear or spare parts are used.
• The warranty does not cover defects and / or damages resulting from non-maintenance, buyer’s incorrect repair, wear, or defects and / or damage arising after the warranty expires.
• The warranty covers only if common and well-known chemicals and cleaning agents are used in normal concentrations.

Repair and/or replacement

When KAMI – under the warranty period – has accepted a buyer’s complaint, KAMI will repair or replace the defective parts covered under the warranty. After consent, the buyer must return the defective parts to KAMI for repair or replacement. Freight costs to KAMI and back to the buyer must be covered by the buyer. If the buyer wants defective parts repaired or replaced at site, this can be done, but the buyer must pay travel and accommodation costs for KAMI’s technician(s).

Warranty work is performed within normal working hours. If the buyer wants warranty work done outside normal working hours, this can be done, but the buyer must pay the extra costs this entails.

Product liability

KAMI is solely responsible for property damage caused by the equipment supplied, if the damage occurs within a period of 1 years after delivery, and if it can be proved that the damage has occurred as a result of a fault or negligence caused by KAMI or its employee(s).

KAMI can never be held liable for indirect losses, production losses, loss of revenue or any other financial consequential damages.

The above limitations in KAMI’s liability does not apply if KAMI or its employees have shown gross negligence.

Both the buyer and KAMI are obliged to accept any eventual court proceedings before the same court, which deals with a case against one of the parties due to damage or loss allegedly caused by the equipment supplied.

KAMI cannot be held responsible for any claim if this is not made within one year from the date on which the risk of the goods was passed over to the buyer.

Legal proceedings between the buyer and KAMI are settled as described under “Legislation”.

Quality assurance

All equipment supplied by KAMI is carefully checked and KAMI performs standard factory testing prior to shipment.

Legislation

Disputes concerning this delivery must be settled in accordance with Danish law and must be brought before the Maritime and Commercial Court, Copenhagen, Denmark.

Faaborg, Denmark, April 2nd, 2019