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General terms of sale and delivery

The following terms of sale and delivery applies to the extent where they do no deviate from an explicit agreement.

1. Quotations and agreements:

  1. Quotations are binding 3 months from date of quotation.
  2. If a buyer has requested preparation of sketches, layout, final drawing, text suggestions, test prints, etc., JB Metalindustri A/S, henceforth mentioned as JB, is entitled be paid for these.
  3. An agreement is legally binding, when the buyer’s acceptance is acquired. In case that the buyer does not give an explicit consent, a binding agreement enters into force when JB has issued a proof of order to a received production order.
  4. Any changes in order specifications, including cancellation, can only be accepted if the order has not entered the production stage, and the changes must be validated in writing by JB in order to be valid.

2. Price:

  1. All prices are stated excluding VAT.
  2. All prices are given on the basis of the applied level of salaries, material costs, and other costs, on the date of the given quotation or order confirmation.
    1. If material costs or other order related costs increase prior to the order delivery, JB is entitled to adjust the prices in accordance with the documentation of these increases.
  3. All deliveries are based on EUR pallets, billed at the delivery point and credited full price minus 10% when returned.
  4. The price implies that the ordered quantity is delivered in one shipment. JB does maintain its right to split the shipment if necessary.
  5. If the due date of payment is exceeded, an interest applies. Note that compound interest applies. The interest retires in the act of ascription.

3. Copyrights, property etc.:

  1. JB’s sketches, layouts, final drawings, text suggestions etc. is the property of JB and are not to be handed to any third party without an explicit consent from JB.
  2. All that, which has been generated for the order to be completed, such as die cutting-formes, tools, drawings, photografic work etc. is the property of whichever part that holds the costs hereof, and is only stored 2 years from last delivery. In case the mentioned is only partially defrayed by the customer, it will be considered as a property of JB.

4. Lack of conformity

  1. JB has the right to deliver up to 10% more or less than agreed upon and bill accordingly. JB maintains the right to normal production related tolerances in material thickness.
    1. Should the delivery turn out to be defecient, buyer is obligated to inform JB hereof within 14 days. If no notice of lack of conformity is given or it is given too late, buyer loses the right to reimbursement. JB is obliged to correct any lack of conformity (claimed rightfully within 14 days of delivery) if this is possible within a reasonable period of time.

5. Responsibility:

  1. JB holds no responsibilty in case of delay and lack of conformity in a given deliverance, where the delay or lack of conformity is caused by labour conflicts of any kind, damage of machinery, water damage, fire and any other circumstance where JB holds no control.
  2. In case of delay or in case of lack of conformity, JB cannot be held liable for any loss in operations, loss in profit or any other direct or indirect losses, including losses due to any commitments and legal matters toward a third party (some cases are exempted cf. section 5.5.).
  3. In case of a reimbursement claim due to a lack of conformity on a workpiece which is processed in any way prior to any work carried out by JB, and if the complaint is sustained, JB is only obligated to reimburse the amount corresponding to the work carried out. Any material delivered by the buyer, which is not included in the offered price is not reimbursed.
  4. In case surface treatment or other subcontractor services are not included in the delivery from JB and are subsequently applied, it is solely buyers responsibility to control the workpieces before these processes are commenced. Any costs for these further services/processes are not covered by JB in case of a reimbursement.
  5. In case a delivered product causes damage, JB should only be held responsible if it can be proved that the caused damage is due to the errors committed by JB or by any of JB’s employees, which should not have been averted during the buyer’s control on receipt. JB is in any case never responsible for damage caused on the production of the buyer or any other corporate entity, on products instered in the delivered product, or on other parts or tools used in the assembly of the complete product, unless it can be documented that the damage is caused by a severe negligence on the part of JB. JB is never liable for operational losses, profit decrease and other indirect losses. In case JB is imposed a responsibility beyond the established limits of JB’s responsibility, the buyer is obliged to be held indemnified for this as well as for the legal costs.
  6. JB holds no responsibility for the buyers lack of legal rights to reproduction, duplication or publication of written material, pictures, drawings, patterns, illustrations, texts, trademarks, other distinctive marks and any additional trademarks of equipment, including shape or other that could be under third party’s rights. If JB incurs any responsibility toward a third party, the buyer should hold JB indemnified for this. Buyer is obligated to allow a lawsuit under the same court of law that processes the question of JB’s responsibility towards a third party.

JB Metalindustri A/S 01.08.2011​

JB METALINDUSTRI A/S • Svalehøjvej 17 • DK-3650 Ølstykke • Telefon: +45 70 22 74 04 • Fax: +45 70 22 75 78​