Terms and conditions
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GENERAL TERMS AND CONDITIONS REGARDING H.C. ANDERSENS MALERFIRMA A/S
§1 TERMS AND CONDITIONS OF H.C. ANDERSENS MALERFIRMA A/S.
1.1. Terms that do not appear in these terms and conditions or are not agreed in writing between the parties cannot be enforced.
1.2. In what is referred to below, H.C. Andersens Malerfirma A/S for H.C.A.
1.3. The customer will be referred to as the customer, implied as the person authorized to order repair work.
2.1. All orders and instructions must be given by the customer directly to H.C.A.’s administration.
3.1. If H.C.A. offers an offer that does not specify a special acceptance deadline, the offer lapses if acceptance has not reached the customer or the customer has not accepted within 2 weeks from the date of the offer.
4.1. Damage to things made by H.C.A. replaced with max. DKK 50.000. The customer’s deductible amounts to DKK 2.000 for any damage.
4.2. H.C.A. is not liable for damages caused by circumstances that H.C.A. has not been made aware of or other unpredictable conditions such as force majeure.
5.1. Claims for compensation for any damage or defects in goods in the event of visible damage and defects must be made as soon as possible. Immediately after the damage is discovered or defects are discovered, direct contact should be made with H.C.A.’s administration.
Any photo documentation and damage report must then be submitted and be in H.C.A.’s possession no later than 48 hours after the assignment is completed.
6.1. All prices are in Danish kroner and excluding VAT.
6.2. Price calculations for work assignments are made on the basis of H.C.A.’s current price list.
6.3. If you need to cancel the start of the agreed work, this can be done up to 72 hours before, without it costing you anything.
If you cancel an agreement later than this, compensation will be paid. If you cancel less than 72 hours before the planned renovation, 40% of the agreed amount will be paid for the entire task. If there are less than 24 hours left, 80% is paid.
If you cancel due to special circumstances, eg death or particularly infectious diseases, you must draw attention to this when you cancel. In that case, other rules apply, as it will be a matter of assessment.
This, of course, goes both ways.
H.C.A. does everything that can be done to be finished on time but should complications arise, the customer will receive a reduction in the price corresponding to the daily fines.
For each day that passes, beyond the agreed time, H.C.A. will reduce 2% of the repair price, however, a minimum of DKK 500. This means that if the customer must have repaired for less than DKK 25,000, the customer will receive the minimum fine of DKK 500 per. delayed day instead of 2% of the repair price.
6.4. For amounts due that have not been paid on time to H.C.A., 2% interest is calculated per. commenced month. Unless otherwise agreed, H.C.A.’s account customers ’payment terms are: Invoice date + 8 days.
6.5. Extra work is invoiced separately. All extra work is sent in a separate invoice.
6.6. For extra work, we calculate an offer or perform the work at an hourly rate. This will be either an oral agreement or a written agreement.
7.1. Payment must be made no later than the date that the order confirmation/invoice states as the last timely payment date. If one is not specified, payment must be made in cash upon delivery.
7.2. If the delivery is postponed due to the customer’s circumstances (creditor mora), the customer is – unless the customer notifies H.C.A. in writing – nevertheless obliged to make any payment to H.C.A., as if delivery had taken place at the agreed time.
7.3. If payment is made after the due date, H.C.A. entitled to calculate default interest under H.C.A. default interest rate applicable at any time, pt. 2% p.m.
7.4. Customer is not entitled to set off any counterclaims not recognized in writing by H.C.A. and is not entitled to withhold any portion of the purchase price due to counterclaims of any kind.
§8 PROPERTY RESERVATION
8.1. H.C.A. reserves, with the limitations that follow from mandatory legal rules, the ownership of what is sold, until the entire purchase price incl. VAT plus costs incurred are paid to H.C.A. If the item has been sold with a view to later having to be built into or joined with other objects, the sold item is not covered by the retention of the title when the installation or joining has taken place.
8.2. Upon conversion or processing of the sold item, the retention of title is maintained so that it includes the converted or processed item to an extent corresponding to the value that they sold represented at the sale.
8.3. The customer has at H.C.A. request obligation to insure the goods properly and submit insurance declaration.
§9 DEFECTS AND COMPLAINTS
9.1. Upon delivery, the customer must immediately make such an examination of the goods sold as proper business use requires.
9.2. If the customer wants to claim a defect or damage, the customer must, within 48 hours of work performed, provide H.C.A. written notice thereof, as well as state what the defect consists of. If the customer has discovered or should have discovered the defect, and he does not complain as stated, he can not later claim the defect.
Defects, caused by the nuisance, unusual use, or ordinary wear and tear, are not covered by H.C.A.’s liability.
9.3. If remediation or re-delivery takes place, not within a reasonable time, the customer is, subject to the general rules of Danish law and these terms and conditions of sale and delivery, entitled to terminate the agreement, demand a reduction in the purchase price or demand compensation.
9.4. H.C.A.’s liability includes only deficiencies that become apparent before the expiration of that of H.C.A. the deadline stipulated in the individual contract from the day the material is delivered (the warranty period).
If the material is used more intensively than has been agreed or can be considered presumed at the conclusion of the agreement, this period is shortened proportionately.
9.5. Modification or interference with the sale without H.C.A.’s written consent exempts H.C.A. from any obligation.
10.1. Any disagreement between the parties in connection with the delivery will be settled definitively and bindingly by the Copenhagen City Court.
§11 PRIVACY AND CONFIDENTIALITY
11.1. All information exchanged between the customer and H.C.A. must be treated and kept confidential. In addition to what may result from the processing of the case, information is not passed on to third parties.
Both parties are under no circumstances entitled to disclose either all or part of the material and/or communication between the customer and H.C.A., and the same applies to the customer.