For JO Hydraulics A/S
Updated 14/8-2023
For dansk version følg linket: Salgs- og leveringsbetingelser
Introduction/Application
The following general terms and conditions of delivery apply unless there is another written agreement. The customer's terms and conditions of purchase do not apply unless JO Hydraulics A/S has accepted them in writing.
Deliveries are made in accordance with NL92 with the changes and additions below.
In the case of interpretation doubts, the conditions below take precedence.
Prices and offers
JO Hydraulics' price lists apply unless otherwise agreed. Reservations are made for price increases from sub-suppliers, as well as for changes in public taxes, customs duties, exchange rates, raw material prices and shipping costs. It appears from the offer how long it is valid.
Submitted offers are only binding for JO Hydraulics when the company has accepted the buyer's order by order confirmation.
Our suppliers are experiencing an unprecedented increase in production costs: raw materials, transport, energy and fuels. Many of them have passed on part of the costs to us in the form of price increases and additional fees applicable from dd. and on already confirmed purchases. We are therefore unfortunately forced to inform you that we will pass on the price increases on all orders with dispatch after 30/04/2022 and until the supply situation has stabilised.
Delivery
Delivery takes place Ex-works unless otherwise agreed.
As a general rule, no shipments are made without a receipt for receipt. If no one is to be found at home, the goods are driven to the nearest freight centre. By contacting the freight center with valid identification, the consignment can be handed over.
JO Hydraulics delivers exclusively to company addresses.
Delivery time and delays
NL92 section 6 points 10-16 are deleted and replaced by the following.
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The delivery time is calculated from the submission of the order confirmation, however, at the earliest from the time when all information and specifications necessary for the completion of the delivery have come to JO Hydraulics' knowledge and possibly drawings are approved by the customer.
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JO Hydraulics can extend the agreed delivery time by up to 30 days calculated from the expiry of the delivery time according to section 1, if JO Hydraulics notifies the customer beforehand. The customer is not entitled to exercise rights of default during this period, just as the delay does not give the customer the right to withhold payment.
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If JO Hydraulics exceeds the extended delivery deadline, the customer can demand that JO Hydraulics per continuously throughout the calendar week, if the delay lasts, pay a conventional fine corresponding to 0.5% of the purchase price, excl. VAT and other charges for the delivery that is delayed. The conventional fine can amount to a maximum of 5% of the purchase price for the delayed delivery. The customer forfeits his right to the conventional fine if the claim is not submitted to JO Hydraulics no later than 3 months after the time when delivery in accordance with section 2 should have taken place.
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Alternatively to section 3, the customer may, immediately after the expiry of the extended delivery period, cancel the agreement and demand a compensation that can amount to a maximum of 5% of the purchase price, excl. VAT and other charges for the delayed delivery.
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The customer can only claim compensation for his direct loss, and thus no compensation can be claimed for operating loss or other indirect losses.
Payment
NL92 section 7 points 17-19 are deleted and replaced by the following:
The latest timely payment date appears on the invoice.
JO Hydraulics is entitled to charge a reminder fee if payment is not due on time.
The customer is not entitled to withhold any part of the purchase price due to counterclaims against JO Hydraulics.
Change regarding the customer's account
It is the customer's duty to ensure that JO Hydraulics has the correct information including; CVR number, company name, telephone number and address, email address to be sent by invoice/account statement/reminder, authorizations and codes on the customer. Corrections must be sent by email to [email protected]. If, contrary to expectations, JO Hydraulics has not received the updated information about the customer, JO Hydraulics cannot be held responsible for errors and omissions in registrations on the customer's account, as well as the customer's possible failure to receive invoices, reminders, etc.
It is the customer's responsibility to ensure that authorizations are revoked and codes are changed to prevent misuse of the account.
JO Hydraulics cannot be held responsible for the above deficiencies in connection with misuse of the customer's account.
Return
The right of withdrawal is 30 days from the invoice date.
Goods are only accepted for return after JO Hydraulics has received the return goods form, which is created on our website.
The returned must be attached to the receipt the customer receives after the complaint form has been completed. The return item and packaging must be intact and in salable condition as an unused item. The value of the goods is credited, while the cost of shipping is borne by the customer.
Special order goods are not returned.
Claim process
Claims are only accepted in return after the prior creation of a complaint form on our website. The claim must be attached to the receipt the customer receives after the claim form has been completed. If a replacement order is desired while the claim is being processed, the customer will be invoiced for this, as well as any freight. If the customer wants a rejected claim returned, this is at the customer's expense. Damaged goods or goods with faults are processed for claim up to 12 months from the invoice date.
Liability for property damage caused by the material (product liability)
NL92 point 9 is supplemented with the following:
If a delivery from JO Hydraulics causes damage, the company is solely responsible for personal injury if it is proven that the damage is due to errors or negligence committed by JO Hydraulics.
Disputes - Choice of law
NL 92 section 12 point 40 is deleted and replaced by the following:
Disputes in connection with the agreement and everything related to it are settled by the civil courts in the jurisdiction in which JO Hydraulics is located.
Adviser responsibility
Guidance and advice from JO Hydraulics must only be considered as guidance on product performance. The final use of the delivered product depends solely on the customer's own decisions about construction and design.
Delivery of a collection of components which together can form a function is considered as delivery of separate components, unless otherwise agreed in writing with JO Hydraulics.
In addition, JO Hydraulics only assumes responsibility if the company has provided separate written advice to the customer in connection with the preparation of a project, when preparing calculations or by means of a separate written opinion which is based on an assumption that the customer does not possess the necessary expertise in the area to assess for themselves the question of the product's suitability. JO Hydraulics' liability is limited to a maximum of DKK 1,000,000 in the event of incorrect advice. JO Hydraulics is not liable for operating loss, loss of profit or other indirect loss in connection with advice. The company is not responsible for statements if it appears that the statements are based on a discretionary assessment or an assessment. The consultant's liability ends 5 years after the end of the consulting task to which the error or negligence relates.
E-commerce at johydraulics.dk
The customer can pay with VISA or Dankort. This payment method is considered cash payment, and the money will be withdrawn from the card the moment the item is dispatched from JO Hydraulics' warehouse. Fees for using Visa and Dankort are paid by JO Hydraulics. A distinction is made between account or credit card customers. Account customers can trade with subsequent invoice payment. Credit card customers can use the mentioned card types.
Orders placed Monday-Thursday before 2 p.m. and Friday before 13.00 will be dispatched the same day if the item is in stock.
Orders received later, as well as on weekends and public holidays, are dispatched the next working day if the item is in stock. The order confirmation states the expected delivery time for the goods.
We reserve the right for discontinued items, typing errors and price changes, just as we reserve the right to cancel orders that we cannot process due to these terms.
Images, graphics and other illustrations that appear on JO Hydraulics' website belong to JO Hydraulics and are protected by the copyright rules and may not be copied or otherwise used without JO Hydraulics' written permission.
JO Hydraulics does not pass on any personal data or other information entered on our website to third parties. The information entered is used exclusively for servicing the customer when the customer shops with us.
Orders from foreign customers are only received via email or phone.
Access to complaints
The customer can complain about his purchase by contacting [email protected]. If the customer and JO Hydraulics cannot reach a solution, the customer can submit his complaint to the Danish Competition and Consumer Authority's Center for Complaint Resolution, Carl Jacobsens Vej 35, 2500 Valby, via www.forbrug.dk.
The customer can also use the EU Commission's online complaints portal, which will however mainly be relevant if the customer is a consumer residing outside Denmark. You can find the complaints portal here: www.ec.europa.eu/consumers/odr