Terms and conditions

General terms and conditions for Nimand A/S.

1. General

These terms and conditions apply to all offers, sales, supplies and service contracts, unless otherwise agreed in writing between the parties.

2. Prices

All prices are in either DKK or EURO and excluding VAT.

3. Payment and retention of title

Payment terms are net cash on delivery. Buyer is not entitled to withhold any payment due. Counterclaims as Nimand A/S has not recognized.

Buyer pays later than agreed; Nimand A/S is entitled to charge penalty interest from the due date. Arrears shall be agreed to 2% per month or part of it at any time balance due. There will by sending reminders, will be paid a penalty fee of DKK 100.00 plus VAT per. reminder.

Buyer payments written off accrued interest, fees and costs, then against the principal.

The ownership of the goods sold will remain with Nimand A/S until the full purchase price plus any interest and costs are paid. The buyer is obliged to keep the purchased adequate insurance coverage and paste sell as guaranteed by the insurance policy until the entire purchase price is paid. In case of buyer's breach can Nimand A/S take back the goods sold in accordance with the credit agreement act.

4. Delivery

Delivery is ex warehouse Nimand A/S address.

Nimand A/S disclaims any liability for items lost in transit to customer or damaged ‘en route’.

Performed job or made the delivery to the customer with fitter calculated DKK 5.45 per. kilometer.

Technician service time and driving time, DKK 757.00 evening and weekend surcharge of 50% and Sunday and holy day supplement 100%

The supply costs, postage and insurance, given all deliveries from Nimand A/S unless otherwise agreed.

Delivery times are, unless otherwise agreed: indicative and calculated from the time Nimand A/S is in possession of all the information to the delivery fulfillment. There will be no buyer damages for delays in delivery and the buyer is not entitled to terminate the deal because of it.

Nimand A/S choose type of delivery unless otherwise agreed between the parties.

5. Ordering Error

Goods are generally not returnable.

By prior written agreement may in special cases be canceled orders for stock items or return the unopened original packaging. Orders for non stock items can’t be canceled and such goods shall never be returned. Nimand A/S reserves the right of returning the goods/cancellation of orders to make a restocking fee of 15% of the invoice value, however min. DKK 150.00. Approved returned goods credited to current market prices.

6. Product Information

Prices are subject to change and availability of information in brochures and other sales material. Claim as a result of any change and availability can’t be invoked against Nimand A/S.

If Nimand A/S has undertaken to provide service at a separate agreement includes service obligation alone the products sold.

7. Intellectual Property Rights

Any delivered products will be handled with respect of the buyer intellectual property and Nimand A/S has no responsibility what so ever for the buyer acts in violation of these rights.

8. Defects

Nimand A/S is responsible for defects due to faulty design, materials or manufacturing and which appear within a year from the day the delivery took place. For parts that are replaced or repaired the time limit is then three months.

The purchaser is obliged immediately upon receipt to make a careful examination of the products supplied. If the buyer wants to claim a defect, the buyer must immediately and without a delay to provide Nimand A/S in writing stating the defect. If the buyer has discovered or should have discovered the defect and not complain as stated, the buyer can’t later claim the defect. Are there any unauthorized changes or alterations to the delivered without Nimand A/S written consent, Nimand A/S will be exempt from any liability.

Buyer's own expense obligated themselves and on their own responsibility, to ensure that purchased electronic equipment connected supply voltage with grounding and with maximum contact resistance of 10 ohms to ground. Nimand A/S stresses that this work should be performed by an authorized electrician and in accordance with heavy current legislation with appropriate notices thereof.

Buyer's own expense obligated themselves and on their own responsibility, to ensure that purchased, beverage equipment connected water supply with a water pressure and water quantity as equipment requires. Equipment specifications. Nimand A / S stresses that this work should be carried out by authorized installer and in accordance with the plumbing, heating and sewer legislation with appropriate notices thereof.

Buyer's own expense and risk themselves responsible for ensuring that the purchased equipment is maintained according to the maintenance and cleaning instructions that are publicly available for the equipment on Nimand A/S website, so the equipment continues to meet Food and Health inspections rules and guidelines.

Buyer's own expense and risk themselves responsible for the equipment can continue to be approved by Food and Health inspections regards FCM (Food Contact Materials). Nimand A/S disclaims all respects any obligation, if not using FCM approved parts and cleaning products in or for the equipment.

Nimand A/S supplies and authorize only FCM approved products for food and beverage producing machines.

Nimand A/S may after receipt of any complaint, ask the buyer to return the allegedly defective goods at the buyer's risk and expense to Nimand A/S in original packaging. Nimand A/S reserves the right to receive only the allegedly defective part.

Nimand A/S reserves the right to test the products that are returned based on errors or omissions. If Nimand A/S finds that the returned product after being tested is not defective, the product will be returned to the buyer with an invoice for consumed test time. The cost is DKK 378.50 per. started half hour.

Nimand A/S may choose to remedy the defect by repair, replace the goods with a minimum of similar product or refund the purchase by current daily prices at the time a claim.

9. Limitation of Liability

A claim against Nimand A/S shall not exceed the amount invoiced for the item sold.

Nimand A/S liability is limited to direct losses and Nimand A/S shall not be liable for loss of profit losses or other indirect losses.

Nimand A/S shall not be liable for delays or defects caused by repair or replacement or in attempted to do so.

Nimand A/S shall not be liable if the following conditions prevent compliance with the contract or makes performance unreasonably burdensome (force majeure):

Labor dispute or other circumstance which the parties have no control over, such as fire, war, mobilization or the like, requisition, confiscation, currency restrictions, riots and civil commotion, shortage of transport, general scarcity of goods, fuel restrictions and defects or delays in deliveries from subcontractor caused by any of the above circumstances or circumstances and moreover, that has substantially hampered Nimand A/S fulfillment of the agreement. Circumstances as mentioned, which had occurred prior of the offer/agreement for relief only if their effect on performance of the contract could not be foreseen at this time.

10. Product liability

Nimand A/S is liable for personal injury in accordance with law no. 371 of 7/6 1989 on product liability.

For property damage is Nimand A/S only liable if it is proven that the damage was caused by negligence on the part of Nimand A/S or others who Nimand A/S is responsible for.

Responsibility for commercial property damage is limited to max. DKK. 5.000.000,00.

Nimand A/S is not responsible for loss of profits or other indirect losses.

To the extent Nimand A/S to a third party incurs liability, the buyer is obliged to indemnify the seller to the same extent as the seller of the previous limit its liability.

11. Transfer of rights and obligations

Nimand A/S is entitled to transfer all rights and obligations under the agreement to third parties.

12. Jurisdigtion

Any dispute between Nimand A/S and the buyer shall be settled under Danish law with Aalborg City Court/High Court as the agreed venue, see. ZPO § 245, whether the actions brought by Nimand A/S against the buyer or the buyer against Nimand A/S.

13. Card fee on webshop

Nimand A/S imposes card fee for all trades made through the shop with Danish and foreign credit cards. Fees are determined by list prices specified by the Nets (ex. PBS).

Web shop and catalogue is subject to printing errors and changes.