Terms and Conditions

1. In general

1.1  These terms of sale and delivery apply to any agreement entered into with FSMF and other affiliated sister or subsidiary companies, unless otherwise agreed.

1.2  The customer’s agreement basis, including for example general or general conditions, does not apply, unless FSMF has agreed to this in writing and expressly.

2. Definitions

2.1 The following definitions apply in these terms and conditions:

“The customer” is the legal entity that made the order, which is thus a party to the agreement between the Customer and FSMF.

“FSMF” is FSMF or a company incorporated herewith, with which the Customer enters into the agreement and where these terms and conditions apply.

“The Terms” means these sales and delivery conditions in force at any time. “The product” means the product, item or similar that the Customer has ordered from FSMF.

“Guarantee” means a special and separate agreement entered into between the Customer and FSMF against additional payment by the Customer to FSMF.

“Web directory” this means a digital catalog arranged on the websites www.telecomsteel.com or www.FSMF.dk for use in the Customer’s ordering of items.

Offer

3.1  Offers are valid for 8 days from the offer date, unless otherwise stated. Accepted

the offer is not or if the acceptance is inconsistent with the offer, the FSMF is free.

3.2  If the order is made via the Web Catalog, the final order from the Customer is conditional on any subcontractors accepting the order to FSMF and delivery times are calculated from the time of the subcontractor’s acceptance of the order.

3.3  When the order is finally placed, no changes can be made in this or in the Product, and the Customer is obligated in all respects according to the placed order.

3.4 Amendments to and additions to the Agreement are only valid to the extent that a written and express agreement has been entered into in this regard.

4. Price

4.1  Offer prices are excl. VAT, customs and other public charges and fees of any kind.

4.2  Until delivery has taken place, FSMF is entitled to change the price with the possible additional expenses that may arise as a result of changes in commodity prices, exchange rates, government taxes or wage agreements.

4.3  The prices for the Product are excl. freight and packaging that can be expected to be added to the price offered by FSMF.

5. Payment terms

5.1  Payment is made net in cash, unless otherwise agreed. In the event of late payment, interest is paid at 2% per. commenced month.

5.2  For project sales, a prepayment of 20% of the project’s bid amount must be made no later than 10 days after the bid has been accepted.

5.3  The Customer may not make set-off of any kind in claims from FSMF against the Customer. Any set-off statement from the Customer to FSMF is thus not binding on FSMF.

6. Delivery

6.1  Delivery takes place ex works, unless otherwise agreed in writing.

6.2  Any shipments are made at the Customer’s expense and risk. This also applies to FSMF’s use of subcontractors.

6.3  The customer may not refuse partial delivery or invoke default of any kind as a result.

6.4  The Customer accepts that the delivery times specified in the Web Catalog may vary and the Customer may not claim a delay in cases where delivery takes place directly from subcontractors to the Customer.

6.5  When delivering Products and accessories, a deviation of +/- 10% is reserved, in which case a possible quantity shortage will be forwarded from FSMF to the Customer. The customer cannot invoke a quantity deviation as a material default and FSMF is at all times entitled to make post-delivery.

7. Right of retention and retention of title

7.1 FSMF may at any time and at any time before the Product is handed over in the Customer’s custody exercise the right of retention until payment has been made and FSMF has at any time a retention of title in the Product until payment has been made incl. any accrued interest and costs.

8. Responsibility

8.1  The FSMF can only be held liable if it is proven that gross errors or negligence have been shown by the FSMF.

8.2  The liability for damages is in all respects limited to an amount corresponding to the invoice price delivered ex. VAT plus the Customer’s shipping and packaging costs.

8.3  The liability can never include indirect losses, including i.a. but not limited to lost earnings, operating losses, etc.

8.4  To the extent that the Customer has made changes to the delivered Product or processed the Product in any way, any of the Customer’s default rights lapses.

9. Especially about responsibility for disassembly and reassembly

9.1 FSMF is not responsible for costs associated with the dismantling and reassembly of Products supplied by FSMF, regardless of whether an error or defect can be attributed to FSMF in accordance with applicable law, on a contractual basis or on some other basis in general.

10. Product liability

10.1  The Danish rules for product liability in force at any given time apply between the parties.

10.2  The FSMF can only be liable for personal injuries that are documented to have been caused by one of the FSMFs of the Product and only in the case where it can be documented that the damage is a direct consequence of negligence shown by the FSMF.

10.3 FSMF may not be liable for other damages, including damage to real estate or movables, caused by a Product delivered by FSMF after delivery has taken place or by one of the Customer’s products in which the Product is included.

11. Defects, duty of investigation and complaint

11.1  The customer must immediately upon receipt check that the Product is as agreed.

11.2  FSMF’s obligations regarding defects and defects lapse if the Customer has not made a specified, written complaint within 8 days from the delivery date.

11.3  Errors and omissions are remedied according to the following principles at FSMF’s choice:

11.3.1  Quantity deficiencies will be remedied as soon as possible by the FSMF, cf. section 6.5.

11.3.2  Defects in materials and / or workmanship are remedied by the FSMF, which has the right to choose between re-delivery or repair. FSMF is entitled to make a replacement with a comparable product to the extent that this is of a similar nature and quality.

11.3.3  FSMF is at all times entitled to refund the purchase price to the Customer in the event of finding and receiving documentation of the presence of defects and / or defects in the Product. Refund is made to the full and final decision for any balance between FSMF and the Customer in connection with a complaint in the event of a defect or defect in the Product.

11.4  Returning and resending to the Customer is at his risk.

11.5  Complaints about a delivery do not entitle the Customer to withhold payment for already completed or future deliveries.

12. Intellectual property rights

12.1 The full ownership of all intellectual property rights relating to Products, spare parts and related services, including patents, designs, trademarks and copyrights, belongs to the FSMF.

13. Force Majeure

13.1 Force Majeure with discharge from liability for the FSMF is considered to have arisen if the following prevents the fulfillment of the agreement or makes it unreasonably burdensome: 13.1.1 Labor disputes or the like.

13.1.2 Fire, war, preparations for war, riots, demonstrations, public rationing, epidemic, pandemic, public restrictions of any kind or similar, lack of or interruption of electricity or other energy used to produce the Product, shortage of goods / delay. Other factors over which the FSMF has no opportunity to influence or influence.

13.2 The above applies correspondingly as an exemption from liability for FSMF, if the conditions are present with a subcontractor assumed by FSMF.

14. Settlement of Disputes

14.1  All disputes are decided by a Danish court and on the basis of Danish law with the court in Kolding as venue in the first instance.

14.2  The FSMF may at any time choose to have the case decided by an Arbitration. The rules of the Arbitration Act apply.