The contract

Only the terms set out in this document shall constitute the contract between the Purchaser and Handelsselskabet Nordjylland A/S (known here-in as HNAS) for the sale of the equipment.

Delivery

Delivery of the equipment shall be effected when the equipment is turned over to the transporter at the place of delivery. Upon delivery the equipment shall be at the risk of the Purchaser in all respects.

Property of the equipment

The property of the equipment shall pass to the Purchaser when, and only when, payment in full has been received by HNAS.

Transport and installation

The Purchaser will undertake at its own expense the transport, relocation and commissioning of the equipment. The Purchaser shall at its own expense be fully responsible for all maintenance required for the equipment after delivery.

Delay

In case the delivery date is exceeded more than 30 days the Purchaser is entitled to cancel the contract unless force majeure is in question. With such a delay the Purchaser may claim damages for a loss suffered if the Purchaser proves that HNAS has shown gross
negligence.

HNAS’ responsibility for the loss that the Purchaser may suffer as consequence of the delay or of the lack of delivery shall under no circumstance exceed 10% of HNAS’ sales price to the Purchaser.

Cancellation of order

Cancellation of items in stock, can be done before dispatch from HNAS. Cancellation of items not in stock, can be done before HNAS has placed a purchase order with the subsupplier. Cancellation later than the above mentioned times, will result in a restocking fee of 25% of the sales price. HNAS should be notified in writing of the cancellation.
Refusal to receive the goods is considered a cancellation after dispatch, and will result in a restocking fee of 25% of the sales price, before a credit note can be issued.
The Purchaser is responsible for the return freight and insurance of the goods. The goods must be returned in sealed and original packaging.

Removal of equipment

The removal of the equipment from the Site to the new premises shall be completed within a period of 14 days of the date which HNAS shall inform the Purchaser is the delivery date, and if the Purchaser shall fail to remove the equipment within such period HNAS shall
thereupon be at liberty to procure that it is removed and stored at the expense of the Purchaser and the Purchaser shall immediately thereafter become liable to HNAS for the whole of the purchase price after deducting any deposit.

Notification of defects

The Purchaser is obliged to examine the equipment promptly on receipt and notification of defects shall be made in writing no later than 90 days upon invoicing of the equipment.

After this period the Purchaser can only make notification of defects, which could not be determined at such first-hand examination. Notification of defects shall be made in writing without any unfounded delay after determination of the shortcomings.

Upon the passing over of the risk of the equipment to the Purchaser HNAS shall bear no responsibility for shortcomings, apart from the liabilities set out in this clause. For that reason the Purchaser is not entitled to cancel the contract, claim damages or sustain any
other claim of non-fulfillment.

HNAS clearly disclaims responsibility for any indirect losses such as consequential loss, loss of time, loss of profits or the like that the shortcomings may have caused the Purchaser.

Force Majeure

The following circumstances result in exemption from liability when occurring after the conclusion of the contract and preventing its fulfillment:

Labor disputes, strikes, lockouts and any other circumstance on which the parties have no influence such as fire, war, mobilization, unforeseen military calling-up, sabotage acts, requisition, impounding, currency restrictions, import or export prohibition, rising, disturbances, lack of working plants, general lack of goods, restrictions in the means of