OPERATING MANUAL FOR BUKH DV24RME LIFEBOAT ENGINES
009W4826-R11 - 24 -
General Terms of Sale and Delivery
1.Introduction
The termsof sale anddelivery specified below shallapply
to all quotations, orders and consignments unless
otherwisespecifiedinanyotherwrittenagreement.
2.Quotations
Quotationsshallbe subjecttoconfirmationandthegoods
being unsold. Bukh A/S reserves the right to change
unconfirmed quotations without notice.
The prices stated
areexclusiveofvalue‐addedtaxandotherduties.
3.Orders
Any order shall be confirmed in writing by Bukh A/S in
order that an agreement on consignments can be
consideredasbinding.
Theorderwillbedeliveredataconfirmedpricesubjectto
priceincreasesresulting
fromchangesintradeconditions,
duties,ratesofexchange,rawmaterialsuppliesandsimilar
conditions.
Cancellationwillonlybeacceptedasperarrangementand
againstpaymentofexpensesincurred.
Illustrations,dimensionedsketches,aswellasthecontents
ofleaflets,catalogues,circularletters,etcareapproximate
andwithnobindingeffect.
When
carrying out theorder, Bukh A/S reserves the right
tomake anychangeswhich aredeemednecessary froma
technicalpointofview.
4.TermsofDelivery
Delivery will be “ex works” (Incoterms 2010), unless
otherwiseagreed.
Bukh A/S shall not be responsible for delays or obstacles
due to force
majeure, for example labour conflicts, fires,
currency restrictions, shortage of labour and means of
transport,generalscarcityof goods,restrictionson power
and flaws in consignments from subsuppliers or delay in
such consignments, or any other conditions beyond the
influence andcontrol of Bukh A/Sas well asdelay caused
by the customer not having supplied sufficient technical
informationpunctually.
If the customer fails to observe the terms stipulated for
paymentofthepurchaseprice,BukhA/Sshallbeunderno
obligationtomakedelivery.
BukhA/Sshallnotpayanydamagesfordelaysindelivery.
5.Packaging
Packaging is
included in the price of the product and will
notbetakenback.
6.Payment
Paymentforallconsignmentsshallbemadedirectlyto
BukhA/S,Krusaa,Denmark.
Thecustomershallnotbeentitledtowithholdpayment
becauseofanycounterclaims.
If paymentshould be effected laterthan the stipulated
settling date, interest shall be paid on overdue
payments at the rate of 1.5 per cent per month or
fraction of a month. Bukh A/S reserves the right to
changetherateofinterest.
AnyconsignmentshallremainthepropertyofBukhA/S
until paymenthas beenmade in full,
and thecustomer
must keep the consignment insured against fire and
damage‐in case of marine plant, against sea risk‐at
thetotalnewvaluefromthedateofshipmentfromthe
factoryanduntilfullpaymenthasbeeneffected.
7.RemedyingDefects
If the consignment should prove defective, Bukh
A/S
undertakes during the first 24 months after the
consignment has been put into service, however, not
beyond 30 months from the day the consignment is
reportedto be readyforshipment, inthe caseofspare
parts, however, 3 months from shipment, to remedy
defects which are due to faulty
design, materials or
workmanship. However, the obligation to remedy
defects is conditional on the operating conditions
containedorprovidedintheagreementbeingobserved
andtheconsignmentbeingusedandoperatedcorrectly.
Defectswhicharedueto1) improperstoragebeforeor
during installation, 2) insufficient maintenance, 3)
incorrectinstallation
bythecustomer,4)changesofthe
consignmentcarriedoutwithoutthewrittenconsentof
Bukh A/S, 5) incorrect or inexpedient repairs made by
the customer or others, 6) normal wear or
deterioration,rust,corrosion,depositscausedbywater,
foreign matter in pipes or the use of unsuitable oils,
shallnot
becoveredbyBukhA/S’sobligationtoremedy
defects.
Unlessotherwisestipulated,all transportandmounting
of defective, repaired and replaced equipment shall be
atthecustomer’saccountandrisk.
Parts of the consignment which are not manufactured
by Bukh A/S will only be replaced to the extent that
Bukh
A/Siscompensatedforthembythesubsupplier.
Bukh A/S’ liability for defects is limited to the above‐
mentionedobligation.BukhA/S shallonly paydamages
ifitisprovedthatthelosscausedbythedefectisdueto
gross negligence or intentional circumstances on the
partofBukhA/S.
BukhA/Sshallinnocircumstancesbe
held liable for operation loss, loss of profits or any
indirectdamage.
8.Arbitration
AnydisputesaretobesettledaccordingtoDanishlaw
byarbitrationinCopenhagenaccordingtotherulesof
theInternationalChamberofCommerceandin
accordancewiththe
DanishActonArbitrationof1972.
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