Terms and conditions
Offers
Unless otherwise agreed and explicitly stated in the offer, an offer is valid for 14 days from the date of submission. KAMI reserves the right to withdraw an offer at any time prior to the buyer’s acceptance.
Once an offer has been accepted, it cannot be canceled by the buyer without the written consent of KAMI, and then only on terms that protect KAMI against loss, subject to a minimum compensation of 5% of the contract sum.
Delivery time
Unless otherwise agreed in writing, the delivery time shall be calculated from the day on which the written order and any prepayment are received. The delivery date is the date on which the goods must be ready for dispatch from our factory in Faaborg. The time of delivery may be postponed without KAMI being held liable if this is due to delayed, incorrect or incomplete information from the buyer.
In the event of postponement of the delivery date due to unforeseen circumstances, KAMI shall immediately inform the customer of the postponement and give a new and reasonable delivery date.
KAMI’s liability for losses suffered by the buyer in connection with delay or non-delivery can never exceed the price of the current order.
Delivery
The delivery only includes equipment / parts mentioned in the offer / order confirmation / contract. Unless otherwise agreed in writing, the terms of delivery are ex works and exclusive of packaging.
Payment
The payment terms are as stated on the offer/contract. Unless otherwise stated, payment terms are net 14 days
If the buyer does not pay on time, 1.75% interest is charged per month.
Retention of title
All delivered goods remain the property of KAMI until the purchase price, including any interest and costs, has been received by KAMI.
Force majeure
KAMI cannot be held liable for late delivery, partial delivery or non-delivery caused by fire, natural disaster, war or war-like conditions, riot, insurrection, strike, lock-out, government intervention or other factors beyond the control of KAMI or its subcontractors.
Returning products
Products, including spare parts, cannot be returned without written consent from KAMI.
Lineup
KAMI offers to set up the equipment at cost.
Startup
KAMI offers start-up/commissioning of the equipment at cost.
Warranty and complaints
KAMI shall, during the warranty period, rectify any defect in the delivered equipment when the defect is due to our (KAMI’s) faulty design, choice of materials and/or workmanship. Remedy shall be by repair or replacement in accordance with these terms.
The warranty period is calculated from the time of shipment as follows:
- 12 months when working in one shift.
- 6 months when working two shifts.
- 4 months when working three shifts.
- If the buyer discovers a defect, he must inform KAMI in writing of the nature of the defect.
- KAMI’s warranty only covers defects that have arisen during the agreed operation and proper handling of the equipment. KAMI’s liability is automatically void if non-original wear or spare parts are used.
- The warranty does not cover defects and/or damage resulting from lack of maintenance, improper repair by the buyer, wear and tear, or defects and/or damage occurring after the expiration of the warranty.
- The warranty also only covers the use of common and well-known chemicals and cleaning agents in normal concentrations.
Repair and replacement
When KAMI – under warranty – has accepted a complaint from the buyer, KAMI will repair or replace the defective parts covered by the warranty. After consent, the buyer must return the defective parts to KAMI for repair or replacement. Freight costs to KAMI and return must be paid by the buyer. If the buyer wants defective parts repaired or replaced on site, this can be done, but the buyer must pay the travel and accommodation costs for KAMI’s technician(s).
Warranty work is carried out during normal working hours. If the buyer wishes to have warranty work carried out outside normal working hours, this can be done, but the buyer must pay the extra costs this entails.
Product responsibility
KAMI shall only be liable for damage to property caused by the delivered equipment if the damage occurs within a period of 2 years after delivery and if it can be proven that the damage has occurred as a result of errors or negligence caused by KAMI or its employee(s).
KAMI can never be held liable for indirect losses, loss of production, loss of income or any other financial consequential damage.
The above limitations of KAMI’s liability shall not apply if KAMI or its employees have been grossly negligent.
Both the buyer and KAMI are obliged to accept any legal proceedings before the same court that is hearing a case against one of the parties due to damage or loss allegedly caused by the equipment supplied.
KAMI cannot be held liable for any claim if it has not been asserted within one year from the date on which the risk for the goods has passed to the buyer.
Legal disputes between the buyer and KAMI are settled as described under “Legislation and jurisdiction”.
Quality assurance
All equipment supplied by KAMI is carefully checked and KAMI performs standard tests at the factory prior to shipment.
Legislation and domicile
Disputes concerning this delivery shall be settled in accordance with Danish law and shall be brought before the Maritime and Commercial Court, Copenhagen, Denmark.
Faaborg, April 2, 2019