The ownership of the sold goods belongs to NIM until the entire contract sum is paid, including any interest.
6. Delivery. The delivery time stated in the order confirmation is approximate unless otherwise expressly stated in the order confirmation. The delivery period is calculated from the day NIM receives the necessary information, drawings, etc., so that the work can commence.
7. Transfer of Risk. The risk for the delivered goods transfers to the buyer upon delivery, which means ex-works, cf. point 6, unless otherwise agreed in writing. The time of risk transfer is maintained even if NIM, by agreement with the buyer, undertakes the transport of the delivery to the location designated by the buyer, in which case NIM undertakes to take out separate carrier insurance.
8. Installation. If NIM is to perform installation of systems, etc., as part of the delivery, NIM is responsible for its own installers, but not for the auxiliary personnel provided by the buyer. If installation is not included in the delivery, NIM can, by further agreement with the buyer, provide an installer for the buyer, who is subject to NIM’s instructions. NIM undertakes to take out occupational injury insurance and standard liability insurance for its own installers, regardless of whether installation is included in the delivery or the supplier is made available to the buyer by further agreement with the latter.
9. Payment. Unless otherwise agreed, payment must be made at the agreed delivery time if the delivery is ready. If the buyer’s circumstances cause delivery not to occur on time, the purchase price is nevertheless due for payment at the agreed delivery time. From the due date, NIM calculates a credit interest of 2% per commenced month.
The ownership of the sold goods remains with NIM until the entire contract amount including interest is paid.
10. Compensation/Proportional Reduction. In the event of delay and defective delivery, NIM provides compensation in accordance with the general rules of Danish law, and the buyer has no further claim for liquidated damages. NIM does not provide compensation for indirect losses such as operational loss, time loss, and lost profit in the event of delay and defective delivery. In the event of delay and defective delivery attributable to NIM’s suppliers, NIM assumes no independent responsibility for the breach unless otherwise agreed in writing. The buyer cannot thus make claims against NIM due to the breach that NIM cannot assert and fulfill against the responsible supplier. The buyer’s compensation claim against NIM in the event of delay can under no circumstances exceed 5% of the contract sum. Similarly, the buyer’s compensation claim/claim for proportional reduction in the event of defects cannot exceed 5% of the contract sum.
11. Returned Goods. Goods are only accepted for return by prior agreement, and it is a condition that the goods are unused and in perfect condition. Upon return of the goods, the customer is credited a maximum of 70% of the invoice amount, unless otherwise agreed.
12. Remedy. If there are defects in the delivery for which NIM is responsible, NIM reserves the right to, within a period of 12 months, at its own discretion, make a replacement or repair. If the delivery thereafter appears free of defects, the buyer cannot make claims for a proportional reduction or compensation of any kind.
13. Product Liability. NIM is liable for damages caused by the delivery to property or persons if the damage is due to NIM’s gross negligence. NIM is not liable for indirect losses, including operational loss, time loss, or loss of profit. NIM’s liability for personal injury and property damage cannot exceed DKK 10,000,000, for which amount NIM has taken out insurance.
