1. Application of terms of sale and delivery
1.1 The below general terms of sale and delivery shall apply for any
quotation, order confirmation, sale and delivery by BROEN in the
absence of any other agreement in writing between the parties.

2. Product information, price lists, etc.

2.1 Information in catalogues, price lists and any other product documentation provided
by BROEN shall be binding on BROEN only where the agreement with the purchaser makes
specific reference to such information. BROEN shall reserve the right to change information
without notice.

2.2 All drawings and technical descriptions supplied to the purchaser
shall remain the property of BROEN and may be used only for the
operation and maintenance of the products supplied by BROEN.
The material may not be copied, reproduced, passed on to or in any
other way communicated to any unauthorized third part

3. Prices and terms of delivery
3.1 Unless otherwise stated all prices in BROEN’s quotations, order
confirmations and other references are in Danish kroner (DKK) exclusive
of VAT, customs duties, taxes, etc. Unless otherwise stated in the
above material BROEN shall reserve the right to adjust prices until
delivery in the event of changes in currency rates, customs duties,
taxes or raw material prices.
3.2 Unless special terms of delivery have been agreed upon in writing,
delivery shall be made in conformity with the Incoterms 2010, EXW.
The prices stated by BROEN are in conformity with these terms of
delivery.
3.3 The prices stated by BROEN are exclusive of the costs of packaging,
including special packaging to ensure that the products are not
exposed to damage in transit to the final destination. Unless
otherwise agreed in writing, Euro pallets and pallet frames used will be
invoiced the Purchaser. Return of Euro pallets and frames is not
accepted.
3.4 For orders below Euro 300 net invoice value, or equivalent
converted currency value, a handling fee of Euro 30 net, or equivalent
converted currency value, applies.

4. Export
4.1 Unless otherwise agreed in writing it shall solely be the
responsibility of the purchaser to ensure that the products sold an be legally
applied in the purchaser’s country and for the purposes intended,
including their approval, if any, by public authorities or private
persons for importation and application.
4.2 Unless otherwise agreed in writing, all costs of Irrevocable Letters
of Credit (L/C) and costs of external produced verification
documentation is to be carried by the purchaser.
5. Acceptance of quotations
5.1 Where BROEN makes a quotation that contains no stipulated date
of acceptance, the quotation shall l apse in the event it is not
accepted by the purchaser 30 days after the date of the quotation.

6. Time of delivery
6.1 Unless otherwise stated in writing in BROEN’s quotation or order
confirmation or in the agreement between the parties the time
of delivery indicated by BROEN shall be indicated to the best
of BROEN’s judgment. In the event that the date of delivery is
exceeded, the purchaser can by notification in writing to BROEN
demand delivery and set a reasonable date not less than three
weeks away. In the event that BROEN does not deliver within this
extended period and where the non-delivery is not caused by
circumstances attributable to the purchaser, the purchaser can by
written notification to BROEN cancel the agreement with regard to
the part consignment that has not been delivered. The purchaser
shall not be entitled to make any claim vis-à-vis BROEN as a consequence of the delay.
6.2 In the event of strikes, lockouts, import restrictions, acts of God or
other causes beyond BROEN’s control, BROEN’s time of delivery shall
be extended by a period identical to the duration of the obstacle
in question. Non-delivery or delayed delivery of raw materials from
BROEN’s sub-suppliers shall be considered acts of God and shall
thus extend BROEN’s time of delivery. In the event that the obstacle
means that delivery cannot be effected or only at unreasonably
high costs, BROEN shall retain the right to cancel the agreement.

7. Terms of payment
7.1 Provided credit is approved, BROEN’s terms of payment are current
month from the date of invoice plus 30 days.
7.2 In the event of payment after the due date BROEN shall be entitled
to charge interest on overdue payments, at present 1% per month,
to be calculated from the due date. In addition to this there will
be an administration fee for reminders of minimum Euro 30 net,
or equivalent converted currency value (or the maximum amount
allowed by law at any time).
7.3 Payment can only be effected to BROEN’s address unless stated
otherwise on the invoice.
7.4 The purchaser shall not be entitled to off-set any claim he may have
against BROEN (unless this claim has been accepted by BROEN
in writing) and shall not be entitled to retain part of the purchase
amount on account of such counterclaims.

8. Retention of ownership
8.1 BROEN shall retain ownership of the products sold until payment
in full has been effected with the addition of interest and possible
costs. The purchaser shall not be entitled to make arrangements
that limit BROEN’s retention of ownership

9. Invoicing
9.1 BROEN will issue and forward invoices electronically. In the event of
purchaser requirement for printed and posted invoicing, a handling
and postal fee of Euro 5 net, or equivalent converted currency
value, applies.

10. Liability for defects and product liability
10.1 Immediately after delivery the purchaser shall examine the
products received. Defects that are found or should have been found
during this examination or defects that are found later shall without
delay and not later than seven days after the defect is found or
should have been found be communicated in writing to BROEN.
The purchaser shall under no circumstances be entitled to claim
compensation for defects from BROEN later than one year after the
date of delivery.
10.2 BROEN shall be entitled to decide whether the defects can be
repaired or the defective products must be replaced.
Such replacement and/or repair of defects will be made as soon as
possible after the return of the product to BROEN.
10.3 The purchaser shall only be entitled to return sellable standard
products and only following prior acceptance in writing from BROEN.
BROEN reserves the right to refuse return of products at BROEN’s
sole discretion. The freight costs of the returned products shall be
paid by the purchaser. The reimbursement for returned products
shall be calculated on the basis of the original sales price with a
deduction reflecting the costs of preparing the products for a new
sale. This deduction will be fixed after the receipt of the products
and after an assessment of the state of the products, the deduction
will, however, amount to minimum 30% of the sales price.
10.4 Apart from the stipulations of clause 10.1/10.2 the purchaser shall
not be entitled to make any claims to BROEN on account of defective products.
10.5 BROEN shall be liable for injuries to persons and damage to
property as a result of defects in the products supplied (product
liability) solely to the extent laid down in non-dispensable rules
of law. BROEN shall not be liable for damage to the purchaser’s
real or personal property or to any other real or personal property
belonging to a third party intended for commercial use.
10.6 Particularly for brass products it must be emphasized that BROEN
shall not be liable for damage to the products or damage attribut-
able to the products as a result of stress corrosion, dezincification
and galvanic corrosion unless BROEN has in writing taken on such
liability. In the event that BROEN has taken on such liability these
general terms of sale and delivery shall apply with the exception of
this clause.

11. Exemption from liatility
11.1 BROEN shall be exempt from liability to the purchaser in the event
of circumstances that prevent the fulfilment of the agreement
or that make the fulfilment unreasonably burdensome, such as
labour conflicts and any other circumstances beyond the control
of BROEN, e.g. fire, war, mobilisation or similar military measures,
seizures, currency restrictions, riots and civil unrest, lack of means
of transportation, general scarcity of goods, restrictions regarding
motive power as well as defective or delayed deliveries from sub-
suppliers due to any of the circumstances mentioned in this clause.
11.2 BROEN shall under no circumstances be liable for trading losses,
losses of profit or other indirect losses or other consequential losses,
including the costs of establishing or localizing defective products
or damage.

12. Settlement of disputes - venue
12.1 Any dispute between BROEN and the purchaser in relation to an
agreement between the parties or in relation to the interpretation
of these general terms of sale and delivery shall be settled in
accordance with Danish law and at BROEN’s venue. BROEN shall
be entitled to demand that any dispute is settled by arbitration in
accordance with the rules and stipulations of the Danish Institute of
Arbitration (Det Danske Voldgiftsinstitut).​
12.1 Any dispute between BROEN and the purchaser in relation to an
agreement between the parties or in relation to the interpretation
of these general terms of sale and delivery shall be settled in
accordance with Danish law and at BROEN’s venue. BROEN shall
be entitled to demand that any dispute is settled by arbitration in
accordance with the rules and stipulations of the Danish Institute of
Arbitration (Det Danske Voldgiftsinstitut).

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