Bukh DV48 RME Owner's Handbook Manual - page 24
OPERATING MANUAL FOR BUKH DV48RME LIFEBOAT ENGINES
009W4226-R09
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General Terms of Sale and Delivery
1. Introduction
The terms of sale and delivery specified below shall apply
to all quotations, orders and consignments unless
otherwise specified in any other written agreement.
2. Quotations
Quotations shall be subject to confirmation and the goods
being unsold. Bukh A/S reserves the right to change
unconfirmed quotations without notice. The prices stated
are exclusive of value‐added tax and other duties.
3. Orders
Any order shall be confirmed in writing by Bukh A/S in
order that an agreement on consignments can be
considered as binding.
The order will be delivered at a confirmed price subject to
price increases resulting from changes in trade conditions,
duties, rates of exchange, raw material supplies and similar
conditions.
Cancellation will only be accepted as per arrangement and
against payment of expenses incurred.
Illustrations, dimensioned sketches, as well as the contents
of leaflets, catalogues, circular letters, etc are approximate
and with no binding effect.
When carrying out the order, Bukh A/S reserves the right
to make any changes which are deemed necessary from a
technical point of view.
4. Terms of Delivery
Delivery will be “ex works” (Incoterms 2010), unless
otherwise agreed.
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, general scarcity of goods, restrictions on power
and flaws in consignments from subsuppliers or delay in
such consignments, or any other conditions beyond the
influence and control of Bukh A/S as well as delay caused
by the customer not having supplied sufficient technical
information punctually.
If the customer fails to observe the terms stipulated for
payment of the purchase price, Bukh A/S shall be under no
obligation to make delivery.
Bukh A/S shall not pay any damages for delays in delivery.
5. Packaging
Packaging is included in the price of the product and will
not be taken back.
6. Payment
Payment for all consignments shall be made directly to
Bukh A/S, Krusaa, Denmark.
The customer shall not be entitled to withhold payment
because of any counterclaims.
If payment should be effected later than 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
change the rate of interest.
Any consignment shall remain the property of Bukh A/S
until payment has been made in full, and the customer
must keep the consignment insured against fire and
damage ‐ in case of marine plant, against sea risk ‐ at
the total new value from the date of shipment from the
factory and until full payment has been effected.
7. Remedying Defects
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
reported to be ready for shipment, in the case of spare
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
contained or provided in the agreement being observed
and the consignment being used and operated correctly.
Defects which are due to 1) improper storage before or
during installation, 2) insufficient maintenance, 3)
incorrect installation by the customer, 4) changes of the
consignment carried out without the written consent of
Bukh A/S, 5) incorrect or inexpedient repairs made by
the customer or others, 6) normal wear or
deterioration, rust, corrosion, deposits caused by water,
foreign matter in pipes or the use of unsuitable oils,
shall not be covered by Bukh A/S’s obligation to remedy
defects.
Unless otherwise stipulated, all transport and mounting
of defective, repaired and replaced equipment shall be
at the customer’s account and risk.
Parts of the consignment which are not manufactured
by Bukh A/S will only be replaced to the extent that
Bukh A/S is compensated for them by the subsupplier.
Bukh A/S’ liability for defects is limited to the above‐
mentioned obligation. Bukh A/S shall only pay damages
if it is proved that the loss caused by the defect is due to
gross negligence or intentional circumstances on the
part of Bukh A/S. Bukh A/S shall in no circumstances be
held liable for operation loss, loss of profits or any
indirect damage.
8. Arbitration
Any disputes are to be settled according to Danish law
by arbitration in Copenhagen according to the rules of
the International Chamber of Commerce and in
accordance with the Danish Act on Arbitration of 1972.