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General Terms of Delivery


Unless otherwise agreed in writing, Nilan A/S delivers their products as follows:

Quotations
All quotations are subject to confirmation in respect of price, quantity, delivery period, and the possibility of effecting delivery. Buyer’s order shall be considered as accepted only after Nilan A/S has formally acknowledged it in writing.

Price adjustments and quantity variations
Nilan A/S reserve to themselves the right to adjust the price in the case of fluctuation in the exchange rate, rises in the price of materials, changes in the cast of labor, transport charges, tariff rates, Government interference or other circumstances beyond the control of Nilan A/S. Besides Nilan A/S shall be entitled to deviate plus/minus 10 per cent from the total quantities specified.

Retention of ownership
The goods shall remain the undisputed property of Nilan A/S until ~ whole sum owing has been paid. However, according to fair trading principles the purchaser shall be entitled to have the control of the goods.

Delivery estimates and liability
Any time or date for delivery is given and intended as an estimate. No liability is accepted by Nilan A/S for delays caused by strike, lockout, stoppage of work or the like or owing to Government measures, transport hindrances, including ice obstacles or breakdown of means of transportation, delayed or unsatisfactory delivery of materials ordered in due time, failing power supply or such production difficulties or other circumstances as are beyond the control of Nilan A/S. Cancellation of orders cannot be accepted unless a proviso on the subject has been included in a special agreement.

Reservation on technical specifications
Nilan A/S makes reservation in respect of any misleading information which might have been given in pamphlets, instructions, drawings, technical data and other specifications or oral technical service. The purchaser can in no way invoke the aforesaid material in support of a claim, if any.

Right to product modifications
Nilan A/S reserve the right to alter their products without previous notice when the alteration does not affect their quality, performance or appearance. This also applies to products on order.

Guarantee and service obligations
Unless otherwise agreed in writing the purchaser takes over the guarantee and service obligations.

Liability for damages
In case of a delivery from Nilan A/S causing damage the liability for personal injury rests with Nilan A/S on condition that it is proved that the damage is caused by actions performed or failures made by Nilan A/S. Nilan A/S are not liable for damage to real or personal property. In no circumstances shall Nilan A/S be liable for consequential loss, loss of profit or any other indirect loss sustained. In case liability towards a third party is imposed an Nilan A/S, the purchaser is bound to indemnify Nilan A/S in so far as such a liability exceeds the limits stipulated above. 

The purchaser is bound to have himself sued al the same court of law which tries cases concerning claims for damages against Nilan A/S on account of damages alleged to have been caused by a defect in one of the deliveries made by Nilan A/S.

Complaints and payment terms
Complaints, if any, shall be received by Nilan A/S not later than 8 days after the arrival of the goods. Complaints do not entitle the purchaser to disregard the terms of payment.

Interest on overdue payments
If terms of payment are exceeded interest of 2.00 per cent per month will be charged.

Dispute resolution
Disputes arising in consequence of the agreement and the conditions laid down herein shall be settled in accordance with Danish law and the local court of the district in which Nilan A/S are domiciled.

Severability clause
In event of a condition in these terms of business or a condition within the framework of another agreement being or becoming void, the validity of all other conditions or agreements shall not be affected by this.

Guarantee terms and conditions
Nilan offers a 2 year guarantee on all products from the documented date of installation. Please note that the guarantee does not cover damages or faulty functions resulting from the following:

  • The product has not been installed in accordance with the current instructions. Please see Nilan’s installation instructions for the relevant product.
  • The product has been installed in a place where services cannot be carried out easily. If the product is difficult to access, Nilan disclaims all responsibility for any expenses this may result in.  
  • Damages resulting from wear and tear, lack of maintenance or similar. The product has been connected to a temperature, voltage or pressure that differs from what is specified on the data plate.
  • Damages resulting from overvoltage, lightening strikes, fire, frost or leaking water and hidden water installations etc.
  • Damages resulting from lime scale, overpressure, dust, acidic/alkaline air or from boiling dry.   
  • Damages to electrical components that have been exposed to dampness because the product has not been in normal operation.
  • Damages resulting from a lack of maintenance or check-ups of the product.  Check-ups of the heat pump must be carried out in accordance with current legislation. The guarantee is no longer valid if the legally required check-ups have not been carried out. You must be able to provide documentation for the legally required check-ups at any time.
  • Expenses for start-up, for checks of the balance and for cleaning of the product. 
  • Increased or added expenses in connection with work carried out during the weekend, on bank holidays or outside of normal working hours.
  • Losses such as production downtime, lost profits, operational losses, or other indirect losses and consequential damages are not covered.

If a claim falls under one of the points listed above, the job will be invoiced.

Storage fee and delayed delivery
Nilan reserves the right to charge storage fees if delivery is postponed at the buyer’s request or cannot take place due to the buyer’s non-payment. The storage fee is calculated from the originally agreed delivery date and amounts to 3.00 DKK per day for residential units and 15.00 DKK per day for commercial units.

Additionally, a fee of 120 DKK per stored unit will be charged.

The buyer is obligated to pay the storage fee and any handling costs together with all other amounts due as per the invoice. Nilan reserves the right, at its sole discretion, to store the goods at an external facility if deemed necessary. Any additional costs incurred as a result of external storage, including transport, handling, and storage fees, will be invoiced to the buyer.

The above terms apply unless otherwise agreed in writing between the parties. The buyer acknowledges that storage of the goods is at the buyer’s expense and risk and that ownership of the goods will only transfer to the buyer upon full payment received by Nilan.