Grøn Industri standard (Standard Terms) at time of ordering, including attachments (in the agreement) between the client (the Client) and Grøn Industri A/S (Grøn Industri) applies to the following for services provided by Grøn Industri, unless otherwise established by written agreement.
The Standard Terms include the standard purchases made by Grøn Industri (product and service purchases, i.e. products delivered to the Client by Grøn Industri.
Additions to or deviations from the Standard Terms must be approved by explicit written consent. Standard Terms are subject to unnotified changes, which will be applied to new orders placed by the Client. It is presumed that energy agreements entered into following the additions, deviations, or changes of deliveries and orders of Grøn Industri products and services are carried out by authorised personnel at the Client’s address. The Client must always provide a contact, who is presumed to reserve the right to bill the Client. Product information such as accounts, brochures, and technical data are meant as guiding tools only, unless otherwise explicitly agreed upon by the relevant parties.
2.1 Delivery: The time at which the Client receives the delivery at the agreed location.
2.2 Installation: The day on which Grøn Industri has completed the agreed installation and notified the Client of this compeletion.
2.3 Products: Equipment (products) and services.
2.4 Service: The expertise and knowledge provided to the Client by Grøn Industri, for a fee.
2.5 Remuneration: The services and products the Client receives from Grøn Industri as per this agreement
2.6 Usual hours of business: Monday – Friday (business days) from 09.00-16.30, or 09.00-16.00 on Fridays.
- PRICES AND CONDITIONS OF DELIVERY
3.1 The energy agreement is invoiced at the date of delivery, or installation, in cases where this is carried out by Grøn Industri. Invoices are due in full 14 days after the date of invoicing. Unless otherwise specified, all prices are stated in DKK, excluding VAT. Prices are valid for 30 days following the offer date. Fixed services must be paid before the agreed-upon start date for every term, unless otherwise agreed. These services will be invoiced on the first servicing of the next term, unless another invoicing period has been specified.
3.2 Grøn Industri is not responsible for economic consequences resulting from delays, aside from the coverage provided in damages.
3.3 Unless otherwise specified, Grøn Industri always delivers Ex Works (Incoterms 2000) from the address of Grøn Industri’s stock, or directly from the address of a subcontractor. Shipping costs are paid by Grøn Industri initially and added to the Client’s invoice, alongside the cost of the products supplied. In cases where delivery fails due to circumstances for which the Client is responsible, Grøn Industri ensures proper storage of the products until the Client is ready to receive the delivery. Grøn Industri reserves the right to charge a storage fee, as well as any other relevant fees.
3.4 All prices provided apply to work carried out during usual business hours. Transport costs are invoiced to suit travel costs at current prices. Furthermore, kilometre fees are invoiced from the first kilometre, in accordance with the rates specified by the state. Costs associated with ferries, flights, trains, tolls, parking, etc. are added to the invoice. Work carried out between 16.00-20.00 will be charged at an additional 50%. Work carried out after 20.00 or during a holiday or weekend will be charged at an additional 100%.
3.5 Late payments will incur a legally applicable interest fee. If the Client fails to make the relevant payment within 30 days, Grøn Industri reserves the right to terminate the agreement with 30 days’ notice. This termination will be annulled upon receipt of the amount in question, plus any interest owed on the day of the payment, so long as this payment is received within the 30-day notice period.
3.6 Should any changes be made to laws, politices, fee structures, etc. after the signing of the agreement, that affect the costs, advances, and delivery options available to Grøn Industri, Grøn Industri reserves the right to demand a change in prices, advances, and delivery arrangements in order to reflect the impacts of these decisions or changes, effective from the day of the implementation of the changes. When changes to exchange rates affect the delivery costs, Grøn Industri reserves the right to adjust prices without notice to reflect these changes. Grøn Industri may change established rates with a month’s notice to the consumer price index, for goods and services, up to twice a year. Grøn Industri may change established rates with a month’s notice to suit changing costs associated with their workforce and required equipment, including documented supplier prices. Prices may increase at the end of guarantee periods.
3.7 When a price for installation or other services has not been established, the Client will be invoiced according to hours and materials used.
3.8 Should the Client wish to make changes to the agreed delivery, and should these changes affect the type and/or extent of the delivery required, Grøn Industri reserves the right to demand changes to remuneration and/or timeframes.
3.9 Should the Client request service / support / operation / maintenance without a previously established agreement, or outside a previously established service period, the following prices apply, regardless of the day and the hour:
- Emergency fee for journeys made to the Client’s location: DKK 5,000 + VAT.
- Hourly rate for work and travel, charged at the beginning of each hour worked: DKK 1,200 + VAT.
3.10 Grøn Industri obtains collateral for all deliveries until such a time as full payment has been received.
- SITE PREPARATION
4.1 The Client alone is responsible for site preparation, including the provision of an appropriate power supply, ground connection, advancing the time of connectivity, cooling, and ventilation.
4.2 Grøn industry is not accountable for any errors or delays caused by errors in the equipment provided by the Client, or preparations for which the Client is responsible.
4.3 In cases where the installation site is not properly prepared or accessible at the agreed time, due to circumstances for which Grøn Industri are not responsible, Grøn Industri will demand economic compensation for any expenses or losses incurred, as well as a postponing of the delivery time, to reflect the delay.
4.4 The Client must ensure that Grøn Industri is met with conditions enabling the company to carry out agreed services. This includes ensuring the availability of rooms, and securing the approval of any necessary third parties..
- RISK ACCEPTANCE
The Client acknowledges and accepts the risk of theft and damages incurred after delivery
- GUARANTEES AND COMPLAINTS
6.1 Unless another agreement has been reached, Grøn Industri guarantees that all products delivered are errorless. The period of guarantee extends to 36 months and starts at the time the delivery is completed. In cases where installation is carried out by Green Industry, the period of guarantee extends to 12 months and starts at the time the installation is completed.
6.3 Grøn Industri’s guarantees do not cover circumstances for which the Client bears the responsibility, such as fires, accidents, lightning, overvoltage, static electricity, water demages, environmental factors, etc., which fall outside the specifications or damages unrelated to the installation. Grøn Industri will not be held accountable in cases where the delivery is used in an unusual or unauthorised manner, against the recommendations and guidelines provided by Grøn Industri. Nor is Grøn Industri responsible for any changes, modifications, connections to other equipment, maintenance, etc. carried out by the Client without the explicit permission of Grøn Industri.
6.4 Should the Client detect errors, the Client must, within 12 months and in accordance with § 6.1, submit a written complaint to Grøn Industri. Claims for services carried out by Grøn Industri must be submitted in writing no later than 14 days after the service has been concluded. The complaint must include a detailed description of the defect. Complaints submitted outside the period of guarantee may be invoiced, whereas those submitted within the period of guarantee will be covered, excepting costs related to freight and transportation insurance on equipment when travelling from the Client to the site of reparation. Work carried out in accordance with this guarantee will occur within usual business hours. Reparation may take place outside usual business hours, or at the Client’s location, however, both alternatives will be priced at the usual hourly rate Grøn Industri charges for such services. Grøn Industri reserves the right to carry out reparations or replacements, as well as deliver a proportionate price refusal.
- DEFAULTS AND DAMAGES
Should Grøn Industri fail to fulfil its responsibilities as per the energy agreement, for reasons outside the conditions at the Client’s location or reasons that fall within the control of Grøn Industri, this does not lead to the provision of damages for conditions breaking the agreement from Grøn Industri’s side. In cases where the Client neglects to pay, Grøn Industri reserves the right to cancel the agreement with five days’ notice. Should the Client, in any other way, fail to fulfil their responsibilities, Grøn Industri may demand compensation for costs predicted as a result of the negligence.
Should one of the parties default on their responsibilities as per this agreement, the other party may cancel the agreement with immediate effect, following the provision of a reasonable resolution deadline. The Client is responsible for making any payments due before the date of cancellation. The affected party may demand compensation for documented economic losses, in accordance with the general compensation principles, which limits possible demands as follows:
- indirect losses, as well as losses of data, are not included. Indirect losses include, but are not limited to, the loss of profit, losses incurred due to lost operation, loss of use, damaged equipment, intangible assets, and challenges created by third party logistics.
- collective economic responsibility of each party must not exceed 50% of the initial price (excl. VAT). Holders of framework agreements may demand compensation for every delivery (call-offs or orders) so long as the agreement does not exceed 50% of the value (excl. VAT) of the delivery. The overall responsibility of the agreement must not exceed DKK 500,000. Overall compensation for maintenance deals must not exceed the total remuneration (excl. VAT) in the relevant calendar year.
The parties must not disclose, or allow unauthorised access to, data related to the systems, technical installations, staff, business analyses, calculations, and other publicly undisclosed information pertaining to the other party. This is true for both Grøn Industri employees as well as our collaborators.
- FORCE MAJEURE
Should the purchase be partially or fully inhibited by factors in accordance with Danish legislation classified as force majeure, Grøn Industri suspends all responsibilities for the service and/or equipment for the duration of said conditions.
Rights and responsibilities outlined in this agreement are non-transferrable without the written permission of the other party. However, it is possible to the agreement to be transferred to another company within the same group. Grøn Industri reserves the right to factor and otherwise transfer receivables.
- LEGISLATION – DISPUTE RESOLUTION
This agreement must be interpreted in accordance with Danish legislation.
Disputes arising as the result of this agreement must be resolved between the parties involved, whenever possible. In cases where the disputes cannot be solved amicably, each involved party reserves the right to take the dispute to court. Copenhagen City Court is the designated court.