General
The following terms and conditions govern all quotations, sales and conditions made by HJ TEKNIK/BAEKGAARDEN („HJ-Teknik“) as well as any orders based upon these quotations. No contract term or condition shall be amended, deleted or added without the express written consent of HJ-Teknik, and HJ-Teknik hereby rejects any terms set forth in any other writing which are in addition to or different from the terms in this quotation.
These items and conditions and any other terms and conditions delivered in writing by an authorized agent of HJ-Teknik contemporaneously herewith constitute the complete agreement between HJ-Teknik and the buyer and supersede all prior oral, written or printed statements of any kind made by HJ-Teknik or the buyer or their respective representatives. This includes any terms and conditions submitted by the buyer and performance or production data from any source whatsoever, including references to accuracy, capacity, and capability of products, all of which are estimates only.
No statement, recommendation or assistance given by HJ-Teknik or its representatives to buyer or its representatives, in connection with the use of any products by buyer, shall constitute a waiver by HJ-Teknik of any of the provisions hereof or affect HJ-Teknik‘s liability, as defined herein.
Pricing
HJ-Teknik‘s prices do not include sales, use, excise, or similar tax, applicable to the sale or use of the equipment proposed. These taxes shall be paid by the buyer, or in lieu thereof, the buyer shall provide HJ-Teknik with a tax exemption certificate acceptable to the taxing authorities.
Delays & Failure to Delivery
HJ-Teknik shall not be responsible for delay or failure to deliver due to government action (civil or military), or to prior orders, or to fire, embargo, strike or other labor problems, wrecks, delays in transportation, unusually severe weather or inability to obtain necessary labor or materials from the usual source of supply or any other circumstances beyond HJ-Teknik‘s control as well as to acts of God. HJ-Teknik shall have the right to furnish suitable substitutes for materials which cannot be obtained because of such force majeure.
Installation
The buyer has to install at its own expense, all products covered hereby in accordance with the installation instructions, which come with the products or are to be furnished to buyer upon request. Unless otherwise stated, no installation services are included in the price indicated.
Limited Warranty
HJ-Teknik warrants to the buyer only for a period of one year from date of shipment that all new parts are free from defects in material and workmanship. HJ-Teknik‘s said warranty shall exist only if buyer gives written notice to HJ-Teknik within 14 days after the first determination that the part is defective.
HJ-Teknik‘s warranty is limited to shipping to buyer replacement of any part which is so proven to be defective and in any event shall have no liability whatsoever for incidental or consequential damage or loss of profit, including damages resulting from personal injury or death, or damage to, or loss of use of, any property. HJ-Teknik is not responsible for shipping costs or labor, extends no warranty of any kind for gasket, seals and wear and tear materials. Notwithstanding any provisions of these terms and conditions, this warranty is the only warranty extended by HJ-Teknik in connection with any sales of products and is in lieu of all other warranties, express or implied, including warranties of merchantability or fitness for purpose.
No agent, employee or representative of HJ-Teknik has any authority to bind HJ-Teknik to any affirmation, representation, or warranty concerning the products that are the subject of this quotation beyond that specifically included in the written quotation. HJ-Teknik shall have no obligation to install or provide improvements or changes in design adapted by HJ-Teknik for similar equipment subsequent to acceptance of buyer‘s order. Warranties have been discussed and understood by both parties.
Buyer‘s Use and O.S.H.A.
The buyer shall use and require all persons operating the equipment to use all proper and safe operating procedures set forth in operating instructions relating to the equipment and observe all occupational safety health and standards act (O.S.H.A.), American National Standard Institute (ANSI), and state regulations as required and all available, feasible and practical point of operation safety devices consistent with buyer‘s use of the equipment. He shall not remove or modify, any device, warning sign, operating instructions or work handling tools installed on or attached to the equipment.
The buyer shall notify HJ-Teknik promptly, in writing, and in all events within 14 days after its occurrence, of any accident or malfunction involving any equipment which results in injury to persons or damage to property. HJ-Teknik shall not be responsible for any failure to comply which results from the location, operation, design, use or maintenance of the equipment from alternation of the equipment by persons or firms other than HJ-Teknik, or from an option or accessory to the equipment by persons or firms other than HJ-Teknik, which was available to the buyer but omitted at the buyer‘s direction, or from design or instructions furnished by the buyer or its agents. In view of the above, HJ-Teknik does not make any warranties with respect to O.S.H.A. requirements, including noise; and will not be responsible for fines, penalties, or consequential damages.
Terms of Payment
All products purchased online are to be paid in advance, either via paypal, money transfer or credit card, unless stated otherwise in quotation.
Title and Security Agreement
Delivery to carrier shall constitute transfer to the buyer, and all risk of loss or damage in transit shall be borne by the buyer.
Proprietary and Other Materials
All drawings, specifications, materials, patterns, and special purpose manufacturing aids which are supplied to buyer by HJ-Teknik shall be kept in confidence. Such articles and all copies thereof from any source shall not be used for or by any third parties without the express written permission of HJ-Teknik.
Hold Harmless & Indemnity
Except to the extent of the limited warranty set forth above and HJ-Teknik‘s own gross negligence or willful misconduct, buyer hereby:
(1) waives, releases and discharges any and all claims of any and every kind, which it may have at any time against HJ-Teknik, its agents or employees, by reason of or arising out of any claimed improper design, specification or manufacture of the equipment sold hereunder or of any claimed inadequate or insufficient safeguards or safety devices; and
(2) covenants to indemnify and hold harmless HJ-Teknik, its agents and employees of, from and against any and all loss, damage, expense (including attorney‘s fees), claims, suits or liability which HJ-Teknik or any of its employees may sustain or incur at any time for or by reason of any injury or death of any person or persons or damage to any property, arising out of any claimed improper design or manufacture of the equipment sold hereunder, or of any claimed inadequate or insufficient safeguards or safety devices.
Electrical equipment
Motors, electrical equipment and wiring on the equipment quoted will be supplied in accordance with the manufacturer‘s standards. Unless specifically quoted they are not guaranteed to meet ordinances of any local governing body and the responsibility of conforming to any local ordinance is assumed by the buyer.
Inspection and Testing, Production Estimates and Performance
All working drawings or other materials provided by HJ-Teknik are for general information purposes only and may or may not relate to buyer‘s order or other equipment. Any specifications contained therein are not binding on HJ-Teknik except as expressly so stated. HJ-Teknik reserves the right to make, at any time, such changes in detail of design or construction as shall in the sole judgment of HJ-Teknik constitute an improvement over former practice.
Returned equipment
Unless otherwise expressly agreed, equipment is to be returned with first obtaining written [ hj@hj-teknik.dk ] permission from HJ-Teknik as well as an order for equivalent value must accompany returned equipment and all such returned equipment will be accepted for credit only after inspection. Equipment returned without good cause and for which no credit is given shall be subject to a restocking charge. Buyer returning equipment must pay transportation charges and bear risks of loss or damage to goods while in transit. Acceptance of returned products by HJ-Teknik‘s receiving department shall not bind HJ-Teknik nor have any force or effect unless acceptance is made by HJ-Teknik in writing.