For goods supplied by Aagaard A/S, Hadsund

General Conditions

Unless otherwise agreed in writing, the following terms form an integral part of all agreements made with AAGAARD. The buyer’s own purchasing terms are not binding on AAGAARD.

Payment Terms

Payment terms are stated on our order confirmation. AAGAARD reserves the right to alter payment terms or demand security for payment if AAGAARD receives information suggesting the buyer’s creditworthiness is impaired.

Any delay in payment entitles AAGAARD to withhold current and future deliveries and releases AAGAARD from all contractual obligations. Counterclaims, including those arising from complaints, do not justify withholding payment. Late payments are subject to 1.5% interest per started month.

The delivery remains the property of AAGAARD until full payment has been made.

Prices

All prices are exclusive of VAT, customs duties, and other levies. AAGAARD may adjust prices due to cost increases beyond its control, including price increases from suppliers and exchange rate fluctuations.

Packaging is not included unless otherwise agreed.

Scope of Order and Legal Requirements

The scope of the order follows the specifications outlined in the order confirmation. The buyer is obliged to inform AAGAARD of any relevant laws and regulations affecting installation, operation, or functionality.

Late notifications may result in Engineering Change Notes (ECNs) and additional charges.

Assembly

The buyer is responsible for ensuring that installation complies with legal requirements and that necessary facilities are provided. Accommodation and meals for AAGAARD personnel must be arranged and covered as agreed.

For time-based installation agreements, travel, accommodation, working hours, overtime, delays, and necessary equipment will be invoiced separately. For fixed-price assembly, such costs are included, but delays caused by the buyer may incur additional charges.

Complaints and Liability for Defects

Complaints must be submitted in writing without undue delay and no later than 5 days after receipt. AAGAARD will remedy the defect unless it is not their responsibility—in such case, AAGAARD may charge for time and expenses.

Repairs may be carried out on-site or at AAGAARD's facility. AAGAARD is not responsible for costs involving other trades (electricians, plumbers, etc.).

Limitation of Liability

Total liability is limited to 10% of the delivery value and a maximum of DKK 75,000 excl. VAT. Indirect losses such as operational downtime, loss of profit, or penalties are not covered.

Responsibility is waived in cases of misuse, unauthorized modifications, or lack of maintenance. Normal wear and tear are not covered.

Product Liability

AAGAARD is liable in accordance with Danish law, limited to bodily injury and property damage caused by gross negligence. Operational losses or indirect damages are not covered beyond what is included in AAGAARD’s insurance.

Any third-party claims must be communicated immediately, and the buyer must indemnify AAGAARD to the extent liability is limited herein.

Force Majeure

AAGAARD is not liable for delays due to force majeure events such as strikes, war, fire, pandemics, government restrictions, or supply shortages.

In case of force majeure at the buyer’s end, the buyer must cover AAGAARD’s related costs and standby personnel or equipment expenses.

Disputes and Governing Law

Disputes are to be resolved under Danish law and submitted to the Danish Institute of Arbitration. However, AAGAARD may enforce retention of title in the buyer’s local court.

Cancellation

Cancellation requires written consent. For custom or non-stock items, AAGAARD may charge incurred expenses and lost margin.

Failure by the buyer to meet obligations (e.g. in assembly) must be communicated without delay. Payment remains due as agreed, despite delays.

In case of material breach, AAGAARD may halt delivery and pursue legal remedies under Danish law.

Drawings and Descriptions

All technical documents remain the property of the issuing party and may not be used or shared without consent.

Shipping and Transport Damage

Damage during shipping must be reported immediately to the carrier with a note on the delivery papers. AAGAARD is not liable for transport damage unless explicitly agreed. Shipping insurance is optional and must be agreed separately.

Returns

Returns require prior written approval and must be sent DDP to AAGAARD’s warehouse: Smedevænget 14, 9560 Hadsund. Returned goods must be unused and undamaged. Credit is subject to a minimum deduction of 60% of purchase value.

Delivery

Unless otherwise agreed, delivery is EXW (Incoterms 2010). AAGAARD may assist with shipping arrangements, but is not responsible for insurance. Packaging is non-returnable and charged at the current daily rate.