1. General

1.1 The following terms and conditions of sale and delivery apply to all sales unless otherwise agreed in writing.

1.2 Seller’s specifications regarding prices, quantities, qualities and dimensions in price lists, brochures, catalogues, etc. are approximate and binding only to the extent expressly referred to in the agreement between seller and buyer.

1.3 All drawings and other technical documents provided by the seller to the buyer, before or after conclusion of the agreement, remain the property of the seller. Such material may not, without the seller’s consent, be used for purposes other than those intended. The buyer is not entitled to copy or reproduce the material without prior written consent.

1.4 The buyer is obliged to keep confidential all technical or commercial information concerning the seller obtained before or after conclusion of the agreement.

2. Quotations and order confirmation

2.1 Seller’s quotations are based on prices of raw materials, auxiliary materials, labour, freight, insurance, customs duties and exchange rates applicable at the time of quotation.

2.2 Seller reserves the right to adjust prices stated in quotations and/or order confirmations if changes occur before delivery in exchange rates, customs duties, taxes or transport costs.

2.3 All quotations may be amended or withdrawn until the seller has issued a written order confirmation.

2.4 Quotations are valid for a maximum of 60 days from the date of issue.

2.5 Verbal agreements regarding specifications must be confirmed in writing by the seller to be valid.

2.6 Deliveries include only those items and/or services expressly stated in the quotation/order confirmation.

2.7 Confirmed orders cannot be cancelled without written acceptance from Højgaards.

3. Advisory services

3.1 Any advice provided by Højgaards within our area of expertise is given to the best of our knowledge at the time of advice. Højgaards assumes no liability if subsequent developments lead to alternative solutions.

3.2 Advice is provided based on the information supplied by the customer.

3.3 All advice is guidance only and does not constitute a functional guarantee unless expressly confirmed in writing as part of the purchase contract.

3.4 Where regulatory requirements apply to materials recommended by Højgaards, we are not responsible for compliance with standards not communicated to us in writing.

3.5 If Højgaards products are to be used in processes or constructions (e.g. tanks) subject to special requirements, the customer must inform Højgaards of such requirements. Otherwise, Højgaards cannot be held responsible for compliance.

3.6 The same applies if products are sold to countries with requirements differing from Danish regulations.

4. Delivery

4.1 The buyer may be required to make partial or full prepayment if the order exceeds DKK 100,000.

4.2 Delivery takes place at the agreed time, provided that all necessary information, drawings and specifications required for execution of the order have been supplied in due time.

4.3 Delivery dates are subject to force majeure, including war, fire, strike, lockout, transport obstacles or delays from subcontractors. In such cases, delivery time shall be extended accordingly. Seller may make partial deliveries.

4.4 If delivery is delayed due to the buyer’s circumstances, the buyer remains obligated to pay at the agreed time and shall cover storage costs as specified by the seller.

5. Installation work

5.1 If the seller undertakes installation work, separate payment shall apply unless otherwise agreed in writing.

5.2 The buyer must ensure suitable access for fully loaded crane trucks and unobstructed access for delivery and installation.

5.3 Unless otherwise agreed, Højgaards is entitled to payment for necessary labour at the installation site.

5.4 The buyer must provide toilet facilities at or near the installation site.

5.5 The buyer is responsible for ensuring that installation conditions comply with applicable workplace regulations.

5.6 The buyer must inform the seller in writing of safety regulations applicable at the installation site.

5.7 If adequate safety equipment is not available, rental of scaffolding, personnel lifts, divers etc. will be arranged by the seller and invoiced to the buyer.

5.8 Until installation is completed, the buyer must maintain appropriate construction insurance covering damage of any kind, ensuring direct coverage of the seller.

5.9 Where installation requires authorisation or expertise not possessed by Højgaards (e.g. electrical work, diving), additional payment applies. Højgaards alone determines whether external expertise is required.

6. Payment

6.1 Unless otherwise agreed in writing, payment is due no later than 21 days from invoice date.

6.2 Bank charges and fees related to payment are borne by the customer.

6.3 Interest will be charged at the applicable rate from the due date in case of late payment.

6.4 Postponement of delivery at the buyer’s request does not entitle postponement of payment.

6.5 Seller may require advance payment if the buyer cannot be credit insured.

7. Retention of title

7.1 The goods remain the property of the seller until full payment, including interest and costs, has been made.

8. Defects

8.1 Goods are delivered in accordance with the applicable standard at the time of delivery.

8.2 The customer must inspect goods immediately upon receipt. Complaints must be submitted within 14 days.

8.3 Compensation for transport damage is only granted if receipt was refused due to visible damage and reported within 24 hours.

8.4 Returns without prior written approval are not accepted.

8.5 Warranty for material and manufacturing defects is valid for 12 months from delivery.

8.6 Højgaards reserves the right to repair or replace defective products free of charge at its premises.

8.7 Services not accepted as warranty work in writing will be invoiced.

8.8 Warranty is void if modifications are made without prior written approval.

8.9 Costs related to removal, reinstallation, indirect losses or operational losses are not covered.

8.10 Repairs performed without written approval are not reimbursed.

8.11 For third-party components, warranty corresponds to that provided by the subcontractor.

9. Product liability

9.1 Seller’s product liability is governed by Danish law.

9.2 Seller is liable for property damage only if caused by gross negligence.

9.3 Liability covers direct property damage only and excludes loss of profit, operational loss or other indirect loss.

9.4 If third-party claims arise, the parties must inform each other immediately.

9.5 Seller’s liability is limited to the extent not covered by insurance.

10. Validity

10.1 If any provision is invalid, the remaining provisions remain valid.

11. Disputes

11.1 These terms are governed by Danish law.

11.2 Disputes shall first be attempted resolved through negotiation. If unsuccessful, either party may bring the matter before the Court of Holstebro, Denmark.

Højgaards ApS
Fabjergkirkevej 51
DK-7620 Lemvig
Tel: +45 2244 7605
CVR no.: 71150917

‍