1. Scope
    • The general conditions of sale and terms of delivery given below apply to all orders and supplies to the extent they have not been deviated from by way of EM LABEX ApS ’s written order confirmation. Furthermore, the Orgalime SI 14 apply, regardless of the country in which the supply is going to be made, to the extent the terms and conditions contained therein have not been deviated from by way of EM LABEX ApS´s order confirmation or these general conditions of sale and terms of delivery. The above also applies to consultancy and service work.
  2. Offers, quotations, sales contracts, and confirmations of orders
    • Unless otherwise stated, all offers and quotations made by EM LABEX ApS are valid for 30 days from the date of the request, subject unsold.
    • Only orders confirmed by EM LABEX ApS in writing are binding for EM LABEX ApS.
    • Verbally arranged alterations in parts specifications, equipment ordered, or sales and delivery conditions are only valid when confirmed in writing by EM LABEX ApS.
    • The Buyer does not have the right to amend or annul the order after EM LABEX ApS has sent the order confirmation to the Buyer.
  3. Drawings and descriptions
    • Technical and general information pointed out in advertisements, for example, brochures, leaflets, graphics, pictures, videos, social media publications, catalogues, and so on, shall only be definitive and can only be a subject of interpretation of the supply when this information is stated explicitly on the order confirmation.
    • Drawings, design drafts, cost estimates, and other technical documents, which may also be part of the cost estimate and catalogues, brochures, pictures, and alike, shall always remain the intellectual property of EM LABEX ApS.
    • Any use, copying, reproduction, dissemination, and transfer to third parties, and any publication and presentation thereof may only be effectuated with the express approval of EM LABEX ApS.
    • In the interest of continuous product improvement, we reserve the right to change the design or specification of any of our products without prior notice.
  4. Price, shipment, and insurance
    • The prices stated are exclusive of VAT and any other taxes or duties and subject to any modifications made to public taxes or duties as well as to exchange rate fluctuations.
    • EM LABEX ApS reserves the right to price alterations due to fluctuating exchange rates if the goods are sold in other currencies different from EUR or DKK.
  5. Deliveries
    • Time of delivery (time of dispatch) runs from the day all details concerning the order are settled, including that the terms of payment agreed upon have been fulfilled.
    • Delay in dispatch does not give Buyer the right to cancel orders, refuse to accept delivery, or neglect the terms of payment. No compensation is provided for working loss, lost profit, or other costs due to delayed delivery.
    • All orders are supplied at the confirmed price and time, with the stated delivery times being the best estimate. If EM LABEX ApS finds that the agreed delivery time cannot be complied with or that a delay must be considered likely, the Buyer will be informed accordingly. If at all possible, the Buyer will be notified of the time when delivery is expected to be made.
    • Deliveries do not include: Any work, material, equipment, tools, cables, raceways, earthing and electrical connections, air compressor, delivery hoses, industrial water delivery and return pipes/hoses, equipment lighting, fire-fighting equipment, testing materials, oils, and lubricants, or anything else needed for mounting and installation of machines/equipment, if not expressly mentioned.
  6. Transition of risk
    • Unless otherwise agreed, the goods shall be considered to have been sold “ex-works” (EXW) (ready for collection) in accordance with Incoterms 2020.
  7. Packaging
    • Unless otherwise agreed prices are understood without packaging.
    • Depending on the means of transportation, EM LABEX ApS defines the method of packing.
    • The goods are packaged at Buyer’s expense.
  8. Payment
    • Unless otherwise agreed the payments term shall be 40% of the total order value become due immediately after placing the order and 60% of the order value 2 weeks before EXW (Ex-works) delivery.
    • Unless otherwise stated in the order confirmation, the Buyer is not entitled to retain payment because of any possible counterclaims or objections that have not been accepted by EM LABEX ApS.
    • If the Buyer does not comply with the agreed terms concerning payment of the established order confirmation, EM LABEX ApS is entitled to cancel the order or hold back the supply wholly or in part as well as pre-payments.
    • All machines, equipment, and products supplied shall remain the property of EM LABEX ApS until the entire cost of the purchase price payable has been paid in full.
  9. Complaints and goods guarantee
    • If the Buyer wishes to claim that EM LABEX ApS has not made a complete supply, or that the supply is faulty or deficient, immediate written notice must be made to EM LABEX ApS. If the Buyer has not complained in writing within 8 days from the time of delivery, or from the time when a hidden fault could be detected, the Buyer loses his right to make any claim in this connection.
    • Liability for deficiencies can be claimed within one year from the date of delivery, although only up to 2,000 running hours if that occurs first.
    • The Buyer sends the deficient part or possibly the equipment to EM LABEX ApS, freight prepaid, following which the full, necessary repair will be made as soon as possible within normal working hours.
    • Replacement parts and repaired parts are delivered EXW (Ex-works). If the decision as to which part of the equipment that needs to be repaired or replaced, or a decision as to dismounting of such equipment, calls for special expertise which the customer does not command, and if it would be highly disturbing or costly to send the equipment as a whole to EM LABEX ApS, alleviation will be carried out at the Buyer’s plant. The Buyer must pay for travel and accommodation.
    • Second-hand machines and second-hand equipment are sold as-is EXW location without any warranty unless otherwise agreed and stated in the order confirmation from EM LABEX ApS.
  10. Consultancy and Service work
    • The prices quoted for service and consultancy work are the best estimate on the basis of the available information and such prices are to be considered as estimates unless otherwise agreed in writing.
    • Any contract is subject to cancellation or changes of delivery conditions or delivery time by EM LABEX ApS upon the happening of any event beyond EM LABEX ApS reasonable control such as “Force Majeure” related events that are outside human control, like flash floods, earthquakes, drought, tempest, fog, accident, pandemics, or other natural disasters, as well as war, civil commotion, strike, lockout, government order or regulation, national or local emergency, strikes or industrial disputes.
  12. Resolution of disputs
    • Any dispute or disagreement, which might arise in relation to this contract, must be attempted solved by negotiation.
    • If the parties fail to solve the dispute, either of the parties can commence legal proceedings in the area where the EM LABEX ApS’s head office is located.
    • The terms and conditions of this agreement are governed by Danish law and are subject to Danish jurisdiction even if physical handover of goods takes place at a different location, agreed in the contract.

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