Terms and conditions
Here you will find more information about our terms and conditions.
Sales and delivery terms
Here you will find our generel sales and delivery terms which are valid undless other is stated.
These sales and delivery terms shall only apply if a written agreement between the parties do not state otherwise. The sales and delivery terms shall apply to any quotation and sale, and to any delivery from a company within the Fyns Kran Udstyr Group (hereinafter called the Company), and irrespective of whether the Company is to be considered producer or supplier.
2. Products, packaging and service charge
All information on type, weight, dimensions, capacity, etc. shall be stated with tolerances that are normally given in the Company's product catalogue. Such information shall only be binding on the Company insofar as it is explicitly stated in the Company's quotation, order confirmation or other written agreement. Any information on the product including drawings and specifications handed over by the Company shall remain the property of the Company and shall not be passed on to any person whomsoever or otherwise be misused. Only general drawings with external dimensions are delivered to the customer; this means drawings with all relevant data for the customer to make sure that the product is suitable/usable. Drawings or data for production use which make third party capable of manufacture the product will not be provided to the customer unless a special agreement has been made.
If modifications to products and packaging can be made without any inconvenience to the Buyer the Company shall reserve the right to do so. The Company shall only be obliged to provide special packaging and preservation if a written agreement has been made to that effect. The Company reserves the right to debit the cost of shipping packaging, etc., since packaging can only be returned and credited subject to written agreement. On orders below 1000 DKK the Company reserves the right to debit an administration fee for 100 DKK.
Quotations made by the Company to a Buyer shall only remain valid for four (4) weeks counted from the date of submitting the quotation. However, this shall not apply to goods that by agreement with the Buyer or according to custom shall be traded at market price, which shall be stated on the quotation.
The quotation price shall be in Danish kroner (DKK) VAT excluded unless otherwise agreed. Acceptance in writing from the Buyer shall have arrived at the Company before the expiry of the time limit. Otherwise the quotation shall lapse.
4. Goods being unsold
Until the Buyer's acceptance has arrived at the Company the Company shall be entitled to enter into an agreement with a third party concerning the goods offered thus making the quotation submitted by the Company inoperative.
5. Terms of delivery
Delivery shall be EXW in accordance with INCOTERMS 2020 unless otherwise agreed in writing by the parties. The risk of the goods shall pass to the Buyer when the goods are made available to the Buyer at the business address of the Company. If a written agreement that the goods are to be dispatched has been entered into such dispatch shall be made for the Buyer's own account and risk. The price stated for the goods shall be EXW in accordance with INCOTERMS 2020.
6. Time of delivery
If a delivery time has been stated to the Buyer, such time shall have been determined to the best of the Company's judgement and taking into consideration the situation prevailing at the time of the quotation being submitted or the agreement entered into. If the Company should reach a situation covered by clause 10 or should otherwise have difficulties in delivering on time due to non-delivery from suppliers or breakdown of operating equipment at the Company, the delivery time shall be postponed for as long as such circumstances last. In the event of any such obstacle arising, the Company shall as soon as possible inform the Buyer hereof. If the obstacle lasts more than 30 days, both parties shall have the right to terminate the agreement without being entitled to raise a claim against the other party in that connection. If the cause of a delay differs from the above-mentioned, the Buyer shall be entitled to terminate the agreement if the delay is considered substantial when compared to the general rules of Danish law. The Buyer shall, however, inform the Company in advance of this situation and in view of the circumstance give a reasonable time limit for the Company to attempt delivery. The Buyer shall be obliged to buy a proportion of the delivery and pay a pro rata share hereof. The Buyer shall not be entitled to claim compensation for indirect losses, e.g. operating losses, loss of income or any other consequential losses. Consequential losses shall thus be of no concern to the Company although the Company might otherwise be held responsible for them.
7. Reservation of title
To the extent that such reservation of title is valid according to current law, the goods sold shall remain the property of the Company until they have been paid for in full.
Payment shall be made cash on delivery unless otherwise agreed or as stated on the invoice. In the event, that the Company has prepared a quotation, the prices stated in the quotation shall apply. Otherwise sales shall be made at the list and catalogue prices valid on the date of the order confirmation. See however the following. All prices shall be stated in Danish kroner (DKK) exclusive of VAT and other direct and indirect taxes, and the Buyer shall be obliged to accept price changes due to changed exchange rates, duties, direct and indirect taxes, freight costs, etc. for the agreed delivery. All prices shall be stated without charges for transportation, in that quotations are given FCA. The Company shall be entitled to charge an interest rate of 1% per month from the due date. In the event of goods not being collected the Company can store the goods for the Buyer's own account and risk for a reasonable time considering the circumstances.
9. Defects and complaints
Immediately upon delivery the Buyer shall inspect the purchased goods. In the event of the Buyer intending to make a claim in connection with a defect, the Buyer shall be obliged to inform the Company in writing immediately after he has discovered such defect, indicating the nature of the defect. If the Buyer has discovered or should have discovered the defect and does not make a complaint as stated, the Buyer shall not be entitled to submit a claim later. The Company shall be entitled to decide whether any defective goods shall be repaired or replaced. If no remedial action is taken within reasonable time, the Buyer shall be entitled to terminate the agreement, claim purchase price reduction or compensation in accordance with the Danish general rules of law. In the event of the Buyer failing to make a claim against the Company concerning a defect within a period of one year after delivery, the Buyer forfeits the right to make any subsequent claim in connection with the defect. Modifications made to goods sold or interference with such goods without the Company’s prior written acceptance shall release the Company from any obligation. If the Buyer has complained and it becomes apparent that there is no defect, the Company shall be entitled to compensation for the work and the costs imposed on the Company by the complaint. The Buyer shall not be entitled to claim compensation for indirect losses, e.g. operating losses, loss of income or any other consequential losses. Consequential losses shall thus be of no concern to the Company although the Company might otherwise be held responsible for them.
10. Force Majeure
In the event of any of the following circumstances preventing the fulfilment of this agreement or making fulfilment unreasonably onerous, such circumstances shall result in the Company being exempted from liability: Work conflicts and any other circumstances beyond the control of the parties such as fire, war, currency restrictions, civil disturbances, lack of transportation, general scarcity of goods and defective or delayed deliveries from sub-suppliers due to any of the circumstances mentioned in this clause.
11. Returned goods
We accept returned goods only by a previous written agreement. Mistaken goods will if they are returned be credited 100%. Other goods which are returned as per agreement are credited with a deduction of 15% whereas the purchaser covers the freight costs. As a principal rule it is not possible to return an article specially made or specially procured.
12. Product liability
Under Danish product liability legislation the Company shall only be held liable for personal injury and damage to property that according to type is usually intended for non-commercial application, cf. the general terms of law, if it can be proved that such injury or damage has been caused by defects or negligence on the part of the Company or any other person for whom the Company is responsible. Thus, the Company shall not be liable for damage or injuries arising from products manufactured by the Buyer or from a component of the product manufactured by the Buyer. The Company shall not be liable for loss of profits, lost earnings and other consequential loss. The above limitations shall not apply if the Company is guilty of gross negligence. The Buyer shall indemnify the Company to such an extent as the Company's liability has been limited under the above clauses insofar as any third-party product liability is imposed on the Company. In the event of third parties filing any liability claims against either party under this clause, the one party shall immediately inform the other party hereof.
13. Disputes and venue
Any disputes that cannot be settled out of court shall be settled by the Maritime and Commercial Court in Copenhagen, Denmark as the agreed venue. This agreement shall be governed by Danish law which also applies to matters concerning formal procedures, e.g. the examination of the sales object, any time limits for the examination, information and steps to be taken if the sales object is rejected. This agreement shall not be governed by the Convention on Contracts for the International Sales of Goods.
Terms and conditions for hire
Here you will find our generel terms and conditions for hire which are valid undless other is stated.
1. Terms and conditions for hire
These terms and conditions shall apply to all agreements on hire of lifting equipment. Variations from the terms and conditions shall only apply provided the parties have agreed on this in writing.
2. Quotation, charges and terms of payment
Hire charge is as shown in the pricelist applicable at any time. The charge is ex warehouse, excl. Danish VAT. For any quotation, estimate or price information submitted by Fyns Kran Udstyr A/S these "Terms and conditions for hire of lifting equipment" shall apply. As to confirmed orders reservations are made regarding price increases that may occur as a consequence of government intervention or order of a public authority. The hire is invoiced upon return of the hired equipment, and by longer hire periods also monthly in arrear. Terms of payment is date of invoice plus 14 days. Where payment is not made by the final due date interest at the rate of 1% will be charged per month.
3. Collection and return of the hired equipment
The hirer shall be responsible for and pay for both collection of the hired equipment from Fyns Kran Udstyr A/S as well as the return transport of the equipment to a place of storage specified by Fyns Kran Udstyr A/S. Any advance payment shall be paid prior to collection.
4. Hire period
The hire period commences from the time agreed, however no later than at the time where the hirer collects the hired equipment, and terminates when the hired equipment is returned again to one of the places of storage of Fyns Kran Udstyr A/S. The minimum hire period is 3 days from date of collection. The hire is charged per day despite the fact that the hired equipment is returned before the end of the (latest) day.
5. Hire charges in case of loss
In case of loss hire charges continue until the hired equipment again has been found and returned to a store defined by Fyns Kran Udstyr A/S, or until the date of the compensation amount which has been agreed upon in writing.
6. Purchase of hired equipment
There shall not be a reduction in the hire charge upon any request to buy the hired equipment. Despite the age and the condition of the equipment the price for new equipment shall be paid.
7. Hirer's inspection duty
The hired equipment is delivered by Fyns Kran Udstyr A/S in an operational and legal condition, including operating instructions and any certificates. Immediately after receipt the hirer is obliged to inspect the hired equipment so that it does not give rise to any complaints.
8. Use of the hired equipment
The hired equipment shall only be used for the purpose(s) and load which appears from the order confirmation/operating instructions. The hirer shall not make changes to the hired equipment, including remove or move fastenings, etc. The hirer is obliged to ensure that the hired equipment is used in compliance with regulations and legislation, to file reports to authorities and inspectorates, and to provide all necessary permits. Hire, lending or other transfer to third party shall not take place without written consent from Fyns Krans Udstyr A/S.
The hired equipment may not without written consent leave Denmark.
9. Maintenance and repair
During the lease period the hirer is obliged to carry out safety and operational maintenance of the hired equipment. Repair of the hired equipment may only be performed by Fyns Kran Udstyr A/S or a repairman designated by the company and only upon prior agreement. The hirer is obliged to return the hired equipment in the same condition (incl. cleaning) as it was received, apart from normal wear and tear. Any subsequent cleaning, repair, and hire charges for the time used for this shall be paid by the hirer.
The hirer shall be held liable for loss or damage to the hired equipment and for violation of the provisions set out in these terms and conditions. The hirer shall be held liable for loss or damage that may incur on the hirer, Fyns Kran Udstyr A/S, or third party and which is not caused by defects from Fyns Kran Udstyr A/S. Fyns Kran Udstyr A/S shall under no circumstances be held liable for loss of operation of any kind, loss of profits, other indirect loss or consequential damage, irrespective if such losses/damages can be related to the hired equipment. Provided Fyns Kran Udstyr A/S should be held liable against third party, the hirer is obliged to indemnify Fyns Kran Udstyr A/S for any liability that may go beyond what the hirer may claim against Fyns Kran Udstyr A/S according to these terms and conditions.
Fyns Kran Udstyr A/S shall make all reasonable efforts to comply with the agreed times of delivery. Fyns Kran Udstyr A/S can, however, only be held responsible for delays exceeding 7 days. Fyns Kran Udstyr A/S shall under no circumstances be held liable for loss of operation of any kind, loss of profits, other indirect loss or consequential damage, or for loss related to third party's - including subsupplier's breach.
The hired equipment shall at all times remain the property of Fyns Kran Udstyr A/S (or the company which Fyns Kran Udstyr A/S represents). The hirer shall under no circumstances remove labels that indicate the ownership.
13. Disputes and legal venue
Should any dispute arise and settlement out of court cannot be reached, the dispute shall be settled by the Court of Odense as agreed venue. This legal matter shall be governed by Danish law. However, the Convention on Contracts for the International Sale of Goods shall not apply to the legal matter.
Read more about our ethical guidelines at Fyns Kran Udstyr here:
we are responsible for our actions...
We want to oboy laws and legislation no matter where we run our businesss.
Our ethical guidelines reflect our company values.
At Fyns Kran Udstyr A/S we want to take a social responsability and we respect employees and their different professional and personal competences and furthermore we want to create a good working environment for all our employees.
We respect contracts and customer confidentiality and confidential material as well as know-how. Data concerning Fyns Kran Udstyr and our customers are not allowed to be released without agreement.
Satisfied customers are one of our highest priorities and we will only accept projects and orders if we have the needed capacity to fullfill our promises and obligations regarding the projects and orders.
Our aim is to avoid using materials from areas and contries which are involved in conflicts and in other ways affected by conflicts.
Our employees are expected to behave so we in all kinds of ways maintain the reputation of the company and follow the ethical guidelines and values of the company.
Furthermore, we expect that our employees follow our values and procedures as well as our ethical guidelines regarding human rights. We follow law and legislation and we do not accept child labour. We will not under any circumstances accept any type of forced labour, e.g. slavery, illegal labour practices etc. - all types of modern slavery are unacceptable for Fyns Kran Udstyr A/S.
If our suppliers, partners or customers differ from our values and do not want to change these factors we will have to reassess our cooperation with the respective relation.