Application of these Terms and Conditions
The following Terms and Condititions apply to this and all subsequent contracts of Mosegård Silo the right to make changes is reserved. Mosegård Silo shall not be bound by contradicting Terms and Condititions of the Customer. These Terms and Condititions shall also apply when Mosegård Silo performs services being aware of contradicting conditions of the Customer, even if Mosegård Silo does not expressly object to them. Any additional obligations accepted by Mosegård Silo shall not affect the application of these sales conditions.
This website and its contents are elaborated, developed and owned by Mosegård Silo. The website is only for use in accordance with the below terms. By using the website, you agree to these terms.
Mosegård Silo provides this website solely as a service and as a source of information. Before using information from the website, you are recommended to seek out personal assistance and counseling from Mosegård Silo.
Mosegård Silo owns the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
The user of the Mosegård Silo website must not:
- republish material from this website including republication on another website;
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website
The content of this website is subject to frequent changes without prior notice. Hence, Mosegård Silo does not guarantee that the content is correct and up to date. Visitors to this website accept that Mosegård Silo is exonerated from any responsibility for the content of the website, and for any use thereof.
Links from and to the website
This website may contain links to other websites managed by third-party. These links are solely intended as a service to you. Mosegård Silo disclaims any control of, connection to, or approval of websites linked to from this website. Mosegård Silo reserves the right to delete any link or any linked program at any time. If you wish to visit any third-party websites linked to this website, it is at your own responsibility.
Mosegård Silo shall be entitled to store and process data about the Customer received as part of the business relationship.
Mosegård Silo reserves all copyrights, other industrial property rights and rights arising from know-how to all illustrations, drawings, calculations and other documents. Such shall not be disclosed to third parties and shall only be used for their intended purpose.
You are welcome to download material from this website for personal and non-commercial use, provided that you respect and do not alter messages regarding copyright, trademarks, or property rights. You are, however, not in any way permitted to copy, reproduce, repeat, upload, send, transfer, or distribute the contents of this website, including text, photos, audio or video files for public or commercial purposes, without prior written consent from Mosegård Silo.
Trademarks and logos displayed on this website are the property of Mosegård Silo. Publication of the contents of this website is not in any way to be regarded as permission, neither implicitly, nor in any other way, to use the displayed trademarks without prior written consent from Mosegård Silo. The displayed trademarks and other content on this website shall solely be used in accordance with the present General Terms and Conditions.
Any form of communication or materials sent to or about this website by email or otherwise will be treated as non-confidential and not protected by copyright. The information may be used without any limitations or payment by Mosegård Silo and its affiliated companies, and shall be considered its property upon receipt. It is prohibited to send or transfer any form of material to or from this website that is illegal, threatening, defamatory, libelous, indecent, pornographic, or in any way against any legal provision.
The displayed products are not necessarily available on all markets. Mosegård Silo reserves the right to decide which products shall be available on the different markets
Duty to Cooperate in Contracts with Assembly Service
The Customer shall ensure an adequate access to the construction site and provide sufficient space for unloading and it shall create the structural requirements for the assembly work; assembly rooms shall be heated in winter; the Customer shall be obligated to provide electrical energy, water, lighting. The Customer shall create the preconditions to perform test runs.
Obligations of the Company Mosegård Silo
1 Mosegård Silo shall not be obligated to advice the Customer. If the agreed services require more detailed provisions, Mosegård Silo shall be entitled to make such by taking into account its own interests and the recognizable interests of the Customer.
2 When assembly is required, Mosegård Silo may request the Customer to perform partial acceptances for self-contained parts of the subject matter of the contract after their completion. Furthermore, Mosegård Silo may request acceptance upon completion.
3 In the event of material defects, the Customer shall be entitled to refuse the (partial) acceptance. Any contractual and statutory warranty claims for defects reserved by the Customer upon (partial) acceptance shall remain unaffected.
4 Preconditions for the compliance with deadlines on the part of Mosegård Silo are and the customer shall be in default of acceptance if (a) the Customer fails to comply with its duty of cooperation required to render the services; (b) the dispatch of goods is delayed due to circumstances for which the Customer is responsible; (c) the Customer fails to provide, in due time, any documents, approvals or releases to be obtained.
5 Mosegård Silo shall only be obligated to perform when the Customer has made the agreed down payment and has complied with all other obligations incumbent upon it. Mosegård Silo’s additional rights shall remain unaffected if the Customer is responsible for the non-compliance with its obligations. The delivery term will be reasonably extended in the event of force majeure or other hindrances not caused by Mosegård Silo.
6 For sold goods, the risk shall pass to the Customer upon loading, irrespective of who performs the transport. In the event of a delay of dispatch caused by circumstances for which the Customer is responsible, the risk shall pass to the Customer upon notification of the readiness for dispatch. In the event of assembly services, the risk shall pass to the Customer upon acceptance of the goods.
7 Irrespective of any other arrangements, in particular an agreement on relating Incoterm clauses, Mosegård Silo shall not be obligated to organize the transport of the goods, to insure the goods, to obtain any certificates or documents not expressly agreed, to obtain the licenses, approvals or other formality to be observed for import or export, or to perform the customs clearance, to bear public charges arising outside of Lemvig(Denmark), to comply with measuring and weight systems, packaging, identification or labeling provisions applicable outside of Lemvig(Denmark) or to take back packaging material from the Customer.
Price and Payment
1 In the event of agreed assembly, the payment shall fall due, in full, upon acceptance. If the services are accepted in parts, the agreed payment shall be made for each part upon its acceptance.
2 Payments shall be made in Danish kroner (DKK), at the date specified in the written order, and without discount and charges. The receipt of the payment by Mosegård Silo shall be decisive for the timeliness of the payment.
3 Mosegård Silo shall, at its own discretion, be entitled to set off payments received with receivables due from the Customer at the time of payment which are based on its own or assigned rights.
4 In the event of default of payment, the Customer will be charged and liable for any and all additional administrative and/or court costs.
5 If the Customer is in default of payment or in the event of other serious indications that the payment is endangered, Mosegård Silo shall, notwithstanding further claims, be entitled to request immediate payment for deliveries already made and prepayment or payment upon delivery for future deliveries, at its own option. As an alternative, Mosegård Silo may request the provision of sufficient securities.
6 The Customer shall not be entitled to offsetting against claims for payment against Mosegård Silo, unless the Customer’s counter claim is based on its own right and is either judicially determined, accepted by Mosegård Silo in writing or undisputed. The Customer shall only be entitled to a right of retention or any other objection, if Mosegård Silo commits a serious breach of its obligations arising from the same contractual relationship and failed to offer an adequate security.
Order delivery and costs
In the event order acceptance and payment in full and/or as agreed in the written order, Mosegård Silo shall send the order to the Customer, within 6-8 working days. The Incoterm clauses apply in all cases (rf. Obligations of the company Mosegård Silo).
There is a delivery costs for all orders, no matter how big is the order. Mosegård Silo provide delivery by themselves and/or with Danish Carriers (unless otherwise indicated), in order to receive on the date requested in the order. Normally Danish Carriers are performing day-to-day deliveries. However, if there are delays with the Danish Carrier, this will postpone the delivery of the order, accordingly in relation to the desired delivery date. Mosegård Silo cannot be held responsible for delays caused by Danish Carriers. Delivery to Bornholm and some small islands shall be possible, but it is expected to be longer delivery time. Rf. To Obligations of the company Mosegård Silo
Retention of Title
Goods delivered shall remain the property of Mosegård Silo until the Customer has fulfilled any and all of Mosegård Silo’s claims arising from the business relationship, including claims arising in future under contracts concluded simultaneously or later.
In the event of resale of the goods under retention of title, the Customer shall be obligated to disclose
Mosegård Silo’s retention of title and to pass it on in a way that Mosegård Silo remains the owner on account of retention of title. Claims arising from resale are herewith assigned to Mosegård Silo. Income from resale shall be deemed to be received for Mosegård Silo and shall be paid to Mosegård Silo insofar as Mosegård Silo has outstanding debts.
The Customer shall support Mosegård Silo in all legally admissible measures required to protect Mosegård Silo’s property in the relating country. Any additional costs incurred as a result shall be borne by the buyer.
If the Customer violates the contract, in particular in the event of default of payment, Mosegård Silo shall be entitled to take the delivered objects back. Such repossession shall not be considered a withdrawing from the contract, unless Mosegård Silo expressly stated it in writing.
Mosegård Silo undertakes to release securities if and insofar as their value exceeds 120 % of Mosegård Silo’s claim; Mosegård Silo shall be responsible for selecting the securities to be released.
In the event of a defect, Mosegård Silo offers a warranty to the Customer under the following conditions:
1 The quality to be provided by Mosegård Silo as well as the quantity of the deliverable are exclusively subject to the specifications in the written order. Public statements by Mosegård Silo or Mosegård Silo’s employees or by third parties on the goods to be provided shall not be taken into consideration in the determination of the quality of the service to be performed. Mosegård Silo’s employees are not entitled to make guarantee statements, provide information on quality or information on profitability, outside of the written order.
2 Mosegård Silo will exclusively accept a guarantee if such is specified in the written order. In no event will other statements by Mosegård Silo or Mosegård Silo’s employees constitute a guarantee.
3 The Customer shall inspect the goods immediately after transfer and shall check each individual delivery in any respect for recognizable and typical lack of conformity. If the Customer finds such lack of conformity, the Customer shall be obligated to directly inform Mosegård Silo of such in writing and as soon as possible.
4 Defects in partial deliveries will not entitle the Customer to reject the entire services.
5 If the Customer attempts to remedy defects themselves, without having granted Mosegård Silo a grace period for rework which expired without performance, Mosegård Silo’s warranty will be cancelled.
6 In the event of justified complaints, Mosegård Silo will, at its own discretion, remedy the defect or provide a replacement. If the subsequent performance is unsuccessful, the Customer shall be entitled to deductions in price or to withdrawal.
7 Claims for damages against Mosegård Silo will exist only insofar as the damage was caused by gross negligence or intent. The same shall apply to any claim for the reimbursement of expenses under. The Customer shall be obligated to inform Mosegård Silo of special risks of damage prior to the conclusion of the contract.
8 In the event of construction services, the warranty period shall apply, in all other cases it shall be 24 months.
9 The disclaimers and limitations above shall apply also as to the personal liability of bodies, employees, representatives and vicarious agents of Mosegård Silo.
10 Mosegård Silo will not accept any warranty that the goods are suitable for the purpose intended by the Customer and/or are in compliance with the legal provisions applicable in the Customer’s country. The Customer shall, at its own expense, be responsible for obtaining any permits and authorizations which are required for use and/or delivery and/or assembly.
Conclusion of Contract
The Customer shall be bound by its purchase order for five weeks. Any and all purchase orders received also by Mosegård Silo’s employees and subsequent amendments of contracts concluded will only take effect upon a written order by Mosegård Silo or by the performance of an ordered service. Any other behavior or silence does not create an obligation for Mosegård Silo. Employees of Mosegård Silo are not authorized to waive the obligation to make an order or to make promises deviating from its contents. The contract shall be deemed to be concluded with the contents of the written order, unless the Customer objects to the order, in writing, to Mosegård Silo, within 7 calendar days after receipt of the order, at the latest.
7 days written notice of cancellation is required. Notification for instance, in person and/or via email, will be accepted subject to confirmation in writing. We reserve the right to levy a charge fee to cover any subsequent administrative expenses. Phone cancelation is not permitted.
Without prejudice to any other legal rights, Mosegård Silo shall be entitled to withdraw from the contract without replacement, if the Customer objects to the applicability of these Terms and Conditions, if an application for the initiation of insolvency proceedings over the Customer’s assets is filed, if the Customer fails to comply with material obligations towards Mosegård Silo or a third party, without giving a justified reason, if the Customer made untruthful statements about its creditworthiness, if Mosegård Silo receives information about a material deterioration of the Customer’s asset situation after the conclusion of the contract, if Mosegård Silo does not receive correct or timely deliveries itself, without Mosegård Silo’s fault, or if Mosegård Silo is, for other reasons, no longer able to comply with its service obligations by using means which are reasonable taking into account its own interests and the justified interests of the Customer recognizable at the time of conclusion of the contract as well as, in particular, in view of the agreed compensation.
General Bases of Contract & Applicable law and venue
Place of performance, payment and fulfillment for all obligations arising from this contract shall be Lemvig, Denmark. That shall apply irrespective of arrangements regarding the bearing of costs or an agreement on Incoterms clauses.
The laws of Denmark shall apply to all rights and claims arising from this contract. The place of jurisdiction shall be Lemvig, Denmark.
All – contractual and non-contractual – disputes arising from contracts which are intended to fall under the applicability of these sales conditions shall be submitted to the locally and internationally exclusive jurisdiction of the courts competent for Lemvig, Denmark. Such competency excludes, in particular, any other competency which is legally stipulated based on a personal or factual connection. Moreover, the Customer shall not be entitled to raise any counterclaim, offsetting, third party notices or retention before any other than the court in Lemvig, Denmark, which has exclusive jurisdiction. However, Mosegård Silo shall be entitled, in individual cases, to file actions at the Customer’s registered office or before other courts competent based on domestic or foreign laws.