Terms and Conditions of Sales and Delivery
General Company information
Furlerboom A/S was established on 1. November 2017.
Furlerboom A/S CVR no. 39037599 Mosegade 52, DK-8722 Hedensted email@example.com
Jørn Nissen Mobile: +45 24 83 16 77
Sales & Production manager
Janne Anders Blessing Mobile: +45 27 21 52 12
Unless otherwise agreed in writing, all orders and deliveries will be on the basis of the following terms and conditions of Sales and Delivery
1. Order confirmation
Unless otherwise expressly stated, quotations are valid for 28 days from the date of the quotation. If the Customer / Buyer does not accept the quotation by this time, the quotation is no longer valid. Furlerboom A/S has not accepted an order before a written confirmation of the order, with a completed annex with all the measurements / info required to place the order in production, is received from Customer/ Buyer, and an order confirmation has been sent from Furlerboom A/S to the Customer/ Buyer.
2. Delivery time & -conditions
The expected delivery time is stated on the order confirmation. If the product or the specifications of the product are changed after the order confirmation has been received, this may change the time of delivery. If the expected delivery deadline cannot be met, Furlerboom A/S must notify the buyer as soon as possible. Furlerboom A/S has no liability in relation to delivery which occurs later than the expected time of delivery.
Products are delivered ex works Furlerboom A/S, or subcontractor to Furlerboom A/S. Shipping costs, insurance and shipping fees, from the places mentioned above, will always be arranged and executed at customers risk and expense. Delivery will be made to the address stated in writing. In case of lack of specific instructions, the product will be shipped based on customers contact information by order confirmation, in a way Furlerboom A/S chooses as safe and responsible, at the Buyer’s expense. If an agreement is made that the Buyer will pick up the product herself/himself, the agreed week for pick up must be respected, as Furlerboom A/S must otherwise have to dispatch the products due lack of storage space, at the Buyer’s expense.
Unless otherwise specified, the stated prices are excluding VAT and statutory charges and fees. All prices are subject to changes in exchange rates, unforeseen price increases for raw materials and other unforeseen price increases. In the case of a price increase, Furlerboom A/S shall inform the Buyer of the amendment of prices and its causes. The Buyer has the right to terminate the contract within 5 days of receiving the notice of price increase from Furlerboom A/S, if the amendments of prices are substantial. Termination of contract must always be done in writing.
One-time packaging / shipping packaging is not included in the price and cannot be returned. If special packaging is to be returned to Furlerboom A/S address, this will be stated in a written agreement, and must be returned in accordance with Furlerboom A/S instructions and at the Buyer’s expense.
From the time of delivery from Furlerboom A/S address, the Buyer bears all risk, and Furlerboom A/S cannot be held liable for loss and destruction taken place during transportation. Furlerboom A/S will reserve the right to, at the Buyers expense, arrange insurance during the transport.
6. Terms of payment
Payment is made with a 50-50 arrangement: 50% down payment upon receiving an order confirmation and remaining amount no later than 1 week before confirmed delivery time from Furlerboom A/S address. If the 50% down payment isn’t paid on time, this could have impact on the agreed delivery time. If other payment terms than those mentioned above are agreed in writing, those terms apply. If the Buyer fails to pay on time, Furlerboom A/S is, from the specified due date, entitled to charge default interest at a rate of 2% per month and to add a reminder charge of DKK 100, - per reminder.
If the Buyer fails to take delivery of products at the agreed time of delivery, the Buyer is nevertheless obliged to pay the purchase price as if delivery had taken place according to the agreed time.
The Buyer mustn’t withhold payment, have or increase debt to Furlerboom A/S, or reduce the invoiced payment.
7. Retention of title
Furlerboom A/S retains the title to the product(s) being sold and the possibility of withholding the purchased product(s), until the purchase price, including any interest and expenses, has been paid in full. The Buyer is not entitled to enter into any transactions that would compromise or degrade Furlerboom A/S’ title to the product(s).
8. Force majeure
Fulerboom A/S cannot be held responsible for any delay caused by factors beyond Fulerboom A/S’ control. These include, but are not limited to, the following: a strike, labor market disturbances, extra ordinary state circumstances as well as state interventions, barriers to transportation, weather constraints such as ice, snow and other transportation difficulties, delays caused by incomplete and / or faulty deliveries of materials ordered timely from subcontractors, material shortages or similar production stopping factors, fire, workshop accidents on their own and subcontractors’ factories.
9. Termination of contract
Furlerboom A/S’ products are custom made. If the Buyer decides to terminate the order before the down payment has been paid, Furlerboom A/S will charge an amount corresponding to factual expenses, drawing work etc. according to number of hours that have been used to the current order. If the Buyer decides to terminate the order after the down payment has been paid, the Buyer is not entitled to compensation or repayment from Fulerboom A/S. The down payment covers costs for drawing work, construction and for starting up production at the supplier. Furlerboom A/S has full ownership of interrupted products.
If the Buyer decides to terminate the contract according to clauses 3 & 9, the Buyer will not be entitled to a compensation from the Seller in respect of any kind of indirect or consequential losses, including but not limited to lost marketing advantages, loss of profit or loss of possibility to use the product. If the Buyer decides not to terminate the contract according to Clause 3 & 9 and receives the product, the Buyer will not be entitled to any compensation from Furlerboom A/S.
11. Liability for defects
It is the Buyer’s responsibility to inspect the products upon receipt and make immediate complaints in the event of potentially defective products and no longer than 7 days after receiving the product. The Buyer must inform Furlerboom A/S in writing with picture material of defects without undue delay when the Buyer becomes aware or should have become aware of such defects. If the Buyer fails to do so, the Buyer shall forfeit the right to make a claim against Furlerboom A/S for such defects.
The Buyer cannot claim compensation for any consequential damages in connection with the found defect, nor on unnecessary wear on the product and any other product that arises from unnecessary use of a defect product from Furlerboom A/S.
When a claim is made within 24 months of the delivery time, Furlerboom A/S is responsible to, at its discretion, either repair or provide a replacement product, for a Furlerboom-product that after an investigation by Furlerboom A/S, has been proved defective. This applies to defects caused by manufacturing- or construction errors and material defects.
Fulerboom A/S duty of remediation or replacement does not include defects due to improper use, overload, abnormal wear or improper installation. This obligation does not apply to cosmetic damage as well as repair that can be attributed to ordinary wear & tear / maintenance. It is the Buyer’s responsibility to prove that the product has not suffered any damage.
Furlerboom A/S has no responsibility if the Buyer, either herself/himself or through a third party, interferes with or makes changes to the product supplied. In that case, any right to complain in relation to the products supplied will lapse and the guarantee provided by Furlerboom A/S will no longer apply.
Unless otherwise stated in writing, claims are handled at Furlerboom A/S’ address. Transportation and packaging needed to return a defective product to Furlerboom A/S’ address, must be made with advice and guidelines from Furlerboom A/S, and if nothing else is stated this must be done at the Buyer’s own expense.
All guarantee repairs must be carried out, where Furlerboom A/S refers to, if these are not repaired in their own workshop.
Furlerboom A/S is not obliged to provide replacement or courtesy products to replace any product that is being repaired / re-made. After 24 months from the delivery date, Furlerboom A/S shall have no responsibility for the products delivered.
12. Goods returned
Custom made products will not be taken in return. Standard products will only be taken in return in cases of pre-arranged agreement and then with a processing fee of 10 %, and not less than DKK 250, -
13. Product responsibility / liability
Furlerboom A/S is not liable for damage to other real or tangible property related to the sale and/or delivery of the ordered products. Furlerboom A/S’ product liability is in every single case limited to DKK 750.000, where each order number shall comprise one product. In any event Furlerboom A/S liability is limited to the coverage that Furlerboom A/S’ liability insurance company covers (excluding possible excess). At no time does Furlerboom A/S assume responsibility for operating losses, loss of time, loss of profit or similar indirect losses.
No responsibility for errors in or misinterpretations of information and technical data supplied in writing from Furlerboom A/S can be placed on Furlerboom A/S. All usage instructions and suggestions from Furlerboom A/S shall be carried out at the user’s own risk.
15. Cases of disagreement / Governing law legal venue
The Contract as well as any claim or dispute, which may arise out of or in connection with the contract and the business relationship between the Buyer and Furlerboom A/S, including any disputes regarding the existence or validity of the contract, shall be governed by Danish law and resolved at the judicial body of Furlerboom A/S’ address (The City of Horsens city Court). This also applies to international deliveries / export.