Limitation of liability:
In the event of liability for defective delivery – including product liability – Centrum Pæle’s liability does not cover operating losses, loss of time, loss of profits or other indirect losses, whether the liability should be supported by ordinary claims or otherwise, unless the lack is due to gross negligence on the part of Centrum Pæle. Centrum Pæle can only be made financially responsible if, before any remedial work, waiting time or other, has been agreed upon in writing between the customer and the Center Pæle.
In case of delay in liability, Centrum Pæle’s liability does not cover operating losses, loss of time, loss of profits or other indirect losses, whether the liability has to be supported by ordinary claims or otherwise, unless the delay is due to the circumstances of Centrum Pæle and these conditions have occurred before delivery was surrendered to external freight forwarder.
Any complaint must be made in writing immediately after the buyer is or should have been aware of the relationship with the nature and extent of the complaint and no later than 8 days after delivery. Otherwise, the buyer has lost his right to invoke this later.
Centrum Pæle is not responsible for any delay due to circumstances arising without the sake of Centrum Pæle, and as Centrum Pæle is not the master, including eg (not exhaustive) fire, war, unusual weather events, strikes, lockouts or vandalism.
Disputes, including disagreements, must be resolved quickly, through constructive dialogue and at the lowest possible level in the organization. Each party may request that a dispute not resolved within 10 working days be resolved by mediation.
Each of the parties is entitled to request that mediation commence. If the parties can not reach agreement on who must be notified as a mediator, an impartial 3rd man, such as the Arbitration Board for Construction, is asked to bring a suitable mediator in a proposal. Mediation does not imply the use of remedies such as arrest or prohibition of bans and does not prevent one of the parties subsequently – if the case is not resolved by means of mediation – to initiate an arbitration case.
The cost of mediation is distributed equally between the parties. Any dispute not resolved by mediation shall be settled by arbitration. All disputes shall be settled in accordance with these Terms and Conditions of Sale and, in other respects, under Danish law. If the case is to be settled by arbitration, the arbitration tribunal shall be established in accordance with the provisions of section AB 47. The views and estimates must be established in accordance with the rules in section 92 of the AB.
Entry into force:
These Sales and Delivery Terms will enter into force on November 10, 2017 and apply to orders received from this time.