Terms of trade - BSO Svendborg

BSO Svendborg ApS ( The Supplier)

Tvedvej 55

5700 Svendborg

CVR/VAT : DK39 83 58 43

Phone: +45 23 80 04 61

GENERAL TERMS

The general terms and conditions (the Terms) apply to all offers, sales and deliveries of services and products in the field of consulting, tools and technical articles from BSO Svendborg (the Supplier) to business customers (the Client), unless expressly waived by other written agreement between the Supplier and the Client.

Trading with the Supplier can only take place if the Client accepts the Terms.

The Terms can only be amended or changed by written agreement of both Client and Supplier, and any attempt to do otherwise shall be considered null and void.

The Clients own procurement conditions are not accepted except by written agreement from the Supplier.

OFFERS, ORDERS AND ORDER CONFIRMATIONS

The Supplier’s offer is generally valid for 30 days (term of acceptance) from the date of the offer, unless otherwise stated. Acceptance received for offers after the expiry of the acceptance period are not binding to the Supplier.

Offers and associated documentation from the Supplier may not be presented or shared with third parties.

Offers submitted on the Supplier’s website only constitute an invitation to submit an offer when placing an order with the Supplier.

An order is not considered binding for the Supplier until the Client has received a written order confirmation from the Supplier, unless otherwise agreed in writing.

Alteration, modification, cancellation or annulment of an order, in whole or in part, by the Client can only take place with the written consent of the Supplier, prior to the act.

PRODUCT INFORMATION AND QUALITY

Information about services and product information and price lists is only binding to the extent that the order confirmation explicitly refers to them.

All physical products will be delivered as regular merchandise unless special quality requirements are agreed upon. All equipment, parts and consumables supplied shall be asbestos-free and delivered with IMO, SOLAS, Flag and Class approval as appropriate.

The Supplier’s answers to the Client’s inquiries about the quality and properties of the services and products and likewise, is of a general and indicative nature only and may not be construed as constituting specific advice or a guarantee as to the suitability of the product for a given application. The client is responsible for ensuring that the product is suitable for fulfilling the intended purpose.

At all times BSO Svendborg ApS has the ownership of the patents of (videos, pictures, spreadsheets, forms, instructions and diagrams, trademarks, etc.,) which may arise in connection with BSO Svendborg ApS performing services for the Client. This also applies if they have been distributed on board by BSO Svendborg ApS.

Any transfer of intangible property rights must be agreed in writing between the Client and the Supplier.

Material belonging to the Supplier may only be used by those Clients who have a subscription agreement with the Supplier. Any other use will be charged separately.

This agreement, like the other agreements and terms, applies worldwide.

PRICES

The supplier’s prices are stated in DKK, USD or EUR excl. VAT.

Transport costs, insurance and delivery fees may be charged by the Supplier.

The Supplier reserves the right to make changes to the price due to changes in exchange rates, prices from subcontractors, freight, customs, tax, fees, etc., until the date of delivery.

Prices are equally adjusted if in the time between the date of order confirmation and delivery date if there are changes to the order or way of the delivery at the request of the Client.

The Supplier may make amendments to the price list at any time without prior notice.

DELIVERY

Delivery takes place EXW (according to Incoterms) at the Supplier’s address alternatively from one of our partners, unless otherwise stated in the order confirmation.

The Client incurs the risks of bringing the goods to their final destination and any damage and / or delay during shipment is thus beyond the control of the Supplier.

DELIVERY TIME

The date of delivery stated in quotations / order confirmations are and stated according to best estimates, unless otherwise expressly agreed.

If the Supplier experiences that a specified delivery time cannot be complied with, or that a delay must be considered probable, the Supplier is entitled to postpone the delivery and is obliged to notify the Client, without undue delay, of the changed delivery time.

If a delay in delivery is due to the Client’s act or omission, the delivery time is extended to the extent deemed reasonable by BSO Svendborg ApS due to the circumstances.

However, both parties must be entitled to cancel the agreement when the impediment has lasted more than 6 months.

Unless delay in delivery is due to the above circumstances, the Client is entitled by written notice to the Supplier to demand delivery and to set a final reasonable deadline for this and thereby state that the Client intends to cancel the transaction if delivery does not take place within this deadline. If delivery has not subsequently taken place within the stipulated time limit, the Client is entitled to cancel the transaction by written notice to the Supplier.

RESERVATION OF OWNERSHIP

The delivered goods remain property of the Supplier until payment has been paid in full. The reservation of ownership is valid under applicable law.

PAYMENT

Payment is due on the due date(s) stated on the invoice(s).

In the event of payment later than the due date, interest is calculated from the due date of the invoice amount incl. VAT with the percentage interest stated on the invoice. If default interest is not stated on the invoice, interest is paid in accordance with the provisions of the Interest Act.

If the Client fails to receive delivery on the agreed day, the Client is nevertheless obliged to make payment as if delivery had taken place as agreed.

The supplier may at its own discretion at any time demand cash payment and/or prepayment.

In the event of the Client’s late payment, the Supplier may suspend further deliveries in relation to the relevant order as well as other orders.

RETURN

The Client is only entitled to return products to the Supplier if this is specifically agreed with the Supplier and on the terms agreed upon.

COMPLAINT

The Client must examine the products immediately after arrival for the purpose of finding visible defects or quantity deviations, and complaints must be made in writing immediately thereafter, however within 8 days of delivery. Furthermore, the Client must comply with all industry and company safety procedures. Complaints about defects that should not have been found during a usual inspection of the products made at the time of delivery must be made in writing to the Supplier immediately after the defect is or should have been found. Otherwise, the Client’s right to make a claim against the Supplier for the defect lapses.

It is always the Client’s responsibility to use tools, protective equipment and other precautionary measures in accordance with local and international safety regulations. The supplier is therefore in no way liable for direct or indirect loss as a result of improper use of the delivered goods.

RESPONSIBILITY FOR DEFECTS

If defects are found in the product delivered by the Supplier, within 12 months of delivery, which are due to defects in construction, manufacture or material, the Supplier is obliged to remedy by either re-delivery or repair of his choice, free of charge for the Client, provided that a timely complaint is made.

The supplier must complete the remedy within a reasonable time. In that case, the Client must arrange proper packaging and shipping to the Supplier. Any costs for disassembly and assembly must be borne by the Client.

A defect cannot be claimed, where the defect is due to the delivered product not being maintained and used in full compliance with the Supplier’s regulations, incorrect or inappropriate use and changes or technical interventions made without the Supplier’s written consent. Likewise, any wear parts are not covered by repair.

The Supplier is not responsible for defects or for impaired yield of defective delivery beyond what is stated above, and the Client is thus barred from claiming further defects.

In the event of non-remedy within a reasonable time, the Client has the right to terminate the agreement by written notice to the Supplier with reference to the defective part of the delivery, provided that the Client has previously made a written request to the Supplier for remedy.

If the Client terminates the agreement, the Client is entitled to demand the paid amount for the purchase in return for the defective part of the delivery, as well as demand compensation for directly documented losses incurred by the Client when acquiring a corresponding delivery from another party. The amount cannot constitute a value that is greater than the amount the Supplier has invoiced for the delivery.

The supplier is not liable for operating losses, profit losses, lost earnings or other indirect losses or consequential damages as a result of defective delivery.

PRODUCT LIABILITY

The supplier is only liable if this is stated in mandatory provisions in Danish law on product liability. The Supplier is thus not liable for damage to real property, ships or business movables belonging to the Client or third parties. Furthermore, the Supplier is not liable for damage to or loss relating to products manufactured by the Client, including the Client’s products, in which a product delivered by the Supplier is included.

To the extent that the Supplier may be held liable to third parties, the Client is obliged to indemnify the Supplier to the same extent as the Supplier’s liability is limited according to the Terms.

LIMITATION OF LIABILITY

The supplier is not responsible for operating losses, profit losses, lost earnings and/or indirect losses and consequential damages of any kind, including e.g. conventional penalty payments, etc., whether such damages or losses are suffered by the Client or by third parties. This applies in all respects and in addition to the limitations of liability that follow from the other provisions of the Terms.

DISCLAIMER / FORCE MAJEURE

The Supplier is not liable to the Client for non-fulfillment of obligations due to circumstances beyond the Supplier’s control, which the Supplier could not have taken into account when submitting the offer or placing the order confirmation. This also applies to the situation where the Supplier could not have avoided or overcome, including but not restricted to labor disputes, pandemics, epidemics, societal restrictions, fire, war, mobilization or military recalls of equivalent interception, requisitioning, seizure, currency restrictions, riots, lack of means of transport, general shortages of goods and delays in deliveries by subcontractors mentioned circumstances.

It is the responsibility of the party wishing to invoke discharge to notify the other party in writing of this and of the occurrence of the circumstance without undue delay.

PROCESSING OF PERSONAL RELEVANT INFORMATION

We process personal data with due observance of the General Data Protection Regulation and the Data Protection Act. Information about the Client’s name, address, e-mail, telephone number, etc. is used only in connection with the Client’s ordering, communication and advice on rust treatment on ships.

We comply with the data subject’s rights (including right of access, rectification, deletion, restriction of processing, objection, data portability, appeal and right not to be the subject of a decision based solely on automatic processing, including profiling).

We retain the information for as long as it is necessary for the purpose for which the information is processed. The Company does not pass on, sell or otherwise transfer information to third parties unless the Client has given consent to this.

If the Client requests information about which data is being processed, to have data deleted or corrected, the Client can contact BSO Svendborg ApS directly.

We also refer to our Privacy policy.

DISPUTES

Disputes arising in trade relations which are covered by the Conditions and which cannot be resolved amicably must be settled in accordance with Danish law in the court in the jurisdiction in which the Supplier has a place of business.