1. In general
The following usual sales and delivery conditions apply to all BESKO A/S ’deliveries and orders, unless an express agreement has been reached, whereby these conditions have been deviated from.
All products may only be used for their intended purpose and only installed by trained personnel. Any liability for damage resulting from failure to follow these installation instructions is denied.
2. Prices, fees, etc.
Stated prices are excl. value added tax, fees as well as other taxes. BESKO A/S reserves the right to change price lists, catalog material and technical specifications without notice, and the company is not bound by information and specifications, etc. in sent out or handed out information material or the like.
BESKO A/S reserves the right to change price lists, catalogs and technical specifications without prior notice.
BESKO A/S reserves the right to charge a handling fee and a return fee.
If goods are ordered and handed over outside normal opening hours via emergency , BESKO A/S reserves the right to charge a fee per delivery.
3. Binding agreement
An order is only binding on BESKO A/S when the company has confirmed the order in writing, which is usually done by sending either an order confirmation or an invoice. The company reserves the right to change a price stated in an order confirmation in the event of changes in exchange rates, customs duties, taxes, transport costs and / or changes in prices from the company’s suppliers. If the buyer has paid for the purchase before this is delivered, BESKO A/S is entitled to post-payment if one of the above conditions arises, which entitles the company to make a change in the price when the situation is financially burdensome for the company.
This right to make changes in prices also applies to current deliveries regarding the part of the delivery which at the time of any adjustment has not yet been delivered or paid for by the buyer.
4. Offers
Written offers is only valid if the offer is not accepted before the expiry date stated on the offer. If no expiration date is specified, the offer is valid for 24 hours.
5. Delivery, shipment
Delivery takes place from the company’s address in Brabrand, Greve, Kolding, Aalborg, Herning, Odense or Padborg – EXW. Shipping is at the buyer’s expense and risk. If BESKO A/S has not received any written instructions for shipment, the means of transport is chosen by the company’s preference.
6. Delivery time
The delivery times specified in the order confirmations are estimated and complied with as far as possible by the company. If delivery has not been made within 2 days of the estimated delivery time, and if the buyer is not responsible for this, the buyer may cancel the order(s) affected by the delay by written notice to BESKO A/S. The buyer has no other rights in the event of delayed delivery. Specified delivery times applies with precaution to other orders received before acceptance.
7. Packaging
If a separate price has been calculated and paid for packaging, the entire invoiced amount will be refunded – unless otherwise is stated in the invoice / invoices – if the packaging is received free of charge for BESKO A/S or at an address specified by the company, in undamaged condition and within reasonable time. The company sovereignly decides whether the packaging has been returned in undamaged condition. If the packaging is damaged, this is notified to the buyer, and the damage value unilaterally employed by BESKO A/S is deducted from the refund of the invoiced packaging amount.
If goods are received on approved EUR pallets, they must be exchanged upon delivery of goods whenever possible. The customer is responsible for the carrier getting an exchange pallet. If this does not happen, the pallet will be invoiced.
8. Payment
The buyer is not entitled to withhold payment due to any counterclaims which BESKO A/S has not acknowledged in writing. If payment has not been made no later than the last timely payment date, BESKO A/S has the right to calculate default interest with min. 1.5% pr. month of its receivable from the due date to count until payment is made. Interest on arrears for the month in which default may occur, however, amounts to at least DKK 25.00.
9. Retention of title
BESKO A/S reserves ownership of the goods until the entire invoice amount has been paid.
10. Infringement of exclusive rights
BESKO A / S is not aware that the product delivered to the buyer infringes a third party’s patent, trademark, design or other rights. The seller is therefore not responsible for whether this may be the case anyway, or whether a violation is presumed to occur when the buyer uses the item.
11. Repurchase
Delivered goods are only repurchased by separate agreement and unless otherwise price is agreed, only at the company’s invoice price minus a credit fee set by BESKO A/S and freely delivered the company’s address or another place specified by the company within the country’s borders.
12. Complaint deadline and form
Buyer must, upon receipt, and before the purchased item is used, adjusted, or processed, check whether the purchased item corresponds to the agreed quality and quantity, and whether there are defects in the delivered products. If the buyer finds that the delivered item is not in accordance with the contract, the buyer must immediately make a written complaint to BESKO A/S with a description of the defect. Complaints about defects should be received by BESKO A/S no later than 8 working days after the defect is or should have been discovered by the buyer. Any defect claim, regardless of type, must, however, be claimed within 12 months from the delivery date, unless BESKO A/S has assumed a guarantee beyond this period. If the defect is not clearly described in the letter, or if the complaint deadline has not been complied with, the buyer loses all default rights. The buyer can not invoke a defect in the purchased item if the defect can be attributed to circumstances with the buyer – for example in negligence in the use or storage of the purchased item.
BESKO A/S is entitled to, within a period of 6 months from the date of complain, at own choice to exchange, repair or have delivered goods repaired that may prove to be defective due to defects in construction, material, or manufacture. Expenses in connection with a justified complaint are borne by BESKO A/S.
BESKO A/S does not compensate for costs in connection with the installation and replacement of the defective goods. Likewise, no compensation is granted for indirect losses suffered as a result of defects in goods, including loss of production, sales, profits, time or goodwill, see also point 13 of these terms and conditions of sale and delivery.
BESKO A/S reserves the right to invoice the buyer for the costs of unjustified complaints. BESKO A/S is in no case obliged to remedy a defect. The buyer is only entitled to cancel a purchase if there is a significant defect and if BESKO A/S does not wish to remedy the defect, or if the company’s remedial attempts, the number and duration of which are determined by BESKO A/S, have proved to be in vain. If BESKO A/S enters into negotiations with the buyer with a view to finding an amicable solution to a complaint, it does not imply that BESKO A/S has acknowledged the complaint. BESKO A/S is therefore still entitled to apply the agreed complaint deadlines and limitations of liability to the buyer.
13.
Liability: Each party is liable for its own acts and omissions under applicable law, with the limitations resulting from these Terms of Sale and Delivery.
Product liability: BESKO A/S is solely responsible for product liability for delivered products and spare parts, to the extent that such liability follows from mandatory legislation. The buyer shall indemnify BESKO A/S to the extent that BESKO A/S may incur product liability in addition.
Limitation of liability: Notwithstanding any opposing terms, BESKO A/S ’liability to the buyer can not per. calendar year in total exceed 20% of the sales of products, spare parts and related services that BESKO A/S has invoiced net to the customer in the immediately preceding calendar year. The limitation of liability does not apply if BESKO A/S has acted intentionally.
Indirect losses: Notwithstanding any conflicting terms, BESKO A/S is not liable to the buyer for indirect losses, including loss of production, sales, profit, time or goodwill, unless caused intentionally.
Force majeure and other unpredictable delivery obstacles: BESKO A/S are not liable to the buyer for non-fulfillment of obligations that can be attributed to force majeure. The discharge lasts if force majeure lasts. Force majeure is matters that are beyond BESKO A/S ‘control and which BESKO A/S should not have foreseen at the conclusion of the agreement. Non-exhaustive examples of force majeure are unusual natural conditions, war, terror, fire, flood, vandalism, labor disputes, general shortage of goods, currency or import restrictions, as well as deficiencies or delays regarding deliveries from BESKO A/S ‘suppliers due to force majeure conditions at the supplier in question.
BESKO Technical Support is an advisory consultancy service provided for customers. The actual procedures for diagnosis, repair, etc. cannot be guaranteed by BESKO Technical Support or BESKO A/S. Therefore, BESKO A/S disclaims any responsibility for loss, damage, or inconvenience, both directly and indirectly, of any kind resulting in relation to our advice.
When contacting BESKO Technical Support, it is confirmed that you understand the following: “BESKO Technical Support is advisory and cannot be held responsible for any errors. It is therefore accepted that I cannot make claims against BESKO A/S or its advisors in connection with any potential loss, damage, or inconvenience, both directly and indirectly, of any kind.”
14. Choice of law and venue
Any purchase from BESKO A/S is in all respects governed by Danish law, and any dispute that may arise in connection with the parties’ trade shall be settled by the Court of Aarhus as the 1st instance.
15. Contact information
BESKO A/S
Logistikparken 24,
DK-8220 Brabrand
Phone: 87 94 17 00
SE no. 20862181
Updated August, 2022