Standard terms for purchase agreement
Only the terms set out in this document shall constitute the contract between the seller and LBN Medical A/S (Know here-in as LBN) for the purchase of the equipment.
Entry and Inspection
The seller grants to LBN authority for its servants or agents to enter the premises where the equipment is situated at all reasonable and prearranged times during business hours and inspect or test the same making good to the satisfaction of the seller any damage occasioned by such testing.
Delivery of the equipment shall be affected when the equipment is turned over to the transporter at the place of deliver. Upon delivery the property of equipment is turned over to the transporter at the place of delivery. Upon delivery the property of the equipment shall pass on to LBN and thenceforth the equipment shall be at the risk of LBN in all respects.
Transport and Installation
LBN will undertake at its own expense the transport, relocation and commissioning of the equipment. LBN shall at its own expense be fully responsible for all maintenance required to the equipment after delivery. The seller will use its best endeavours to give to LBN such assistance as is able.
In case the delivery is exceeded more than 7 days LBN is entitled to either cancel the contract and claim damages for losses suffered or to claim a penalty of 2 % of the purchase price each starting week the delivery is delayed.
The Seller warrants that:
- The equipment in question is sold free of all encumbrances, liens, charges and claims whatsoever.
- The equipment and all the parts included are of original manufacture.
- Until de-installation the equipment will be duly maintained and inspected and that the de-installation will be made by the manufacturer unless otherwise agreed with LBN.
- The equipment – except from reasonable tear and wear will not be delivered in a condition inferior to its present state of repair to LBN.
- The equipment is, if available, supplied with a valid MAQ-Letter in accordance with the manufactures rules and regulations or qualifies for maintenance with the manufacturer without further costs to LBN.
- The equipment is delivered duly cleaned and wrapped to LBN.
- All equipment comes with a 30 days warranty.
Assistance by the Seller
If the Seller agreed to assist LBN in the delivery and shipping arrangements, he shall do so without responsibility, but shall use all care in such assistance.
This contract will not be assignable by the seller without LBN’s written consent which LBN shall be entitled to discretely refuse.
Settlement of Disputes
For purchase from customers in Denmark any dispute between the two parties shall be settled at the Court of Aalborg, notwithstanding that the nature of the display may be a High Court case.
For purchase from costumers abroad and dispute shall be settled in accordance with the rules and regulations of the Danish jurisprudence at the Court “Sø- & Handelsretten” in Copenhagen.