General terms and conditions
ORGALIME S2012 will apply where the provisions are not in conflict with the other provisions of this agreement.
[When a Danish customer picks up the product:] Ex Works, VM Tarm a/s, Tværvej 25, DK-6880 Tarm, Denmark.
[When a foreign customer picks up the product:] FCA, VM Tarm a/s, Tværvej 25, DK-6880 Tarm, Denmark.
[When the product is delivered at a harbour:] FCA.
[When the products is delivered somewhere else]: DAP
In the event of VM Tarm a/s’ delay, the buyer may by written notification require delivery to the seller within a reasonable deadline, which may not be shorter than one week, in the event of longer than six months’ delay, and if the product is still not delivered. If VM Tarm a/s does not deliver within this deadline, and this is not due to circumstances for which the buyer is liable, by written notification to VM Tarm a/s the buyer may cancel the agreement with regard to the element of the product that, due to the lack of delivery by VM Tarm a/s, cannot be taken into use as expected by the parties.
If the buyer cancels the agreement, the buyer will be entitled to compensation for the direct loss suffered by the buyer as a consequence of VM Tarm a/s’ delay, whereby the buyer will not be entitled to compensation for indirect losses, including loss of revenue. The total compensation to be paid in accordance with this provision may not exceed 10 per cent of the part of the agreed purchase sum which covers the part of the product for which the agreement is cancelled.
In the event of delay, the buyer will not be entitled to contractual penalties in accordance with ORGALIME S 2012, clauses 14-16.
Cancellation of the agreement with limited compensation is the only power that may be invoked by the buyer as a consequence of VM Tarm a/s’ delay. No other claims may be made against VM Tarm a/s due to any such delay except where VM Tarm a/s has been guilty of gross negligence.
The purchased product will not be delivered from VM Tarm a/s until the entire purchase sum has been credited to VM Tarm a/s’ account.
The agreed delivery will be produced in cooperation with the buyer and on the basis of the buyer’s instructions.
The seller does not accept any liability for any use by the buyer which is in conflict with current legislation, such as driving with an overload, or driving with products for which approval has not been sought. By signing the order confirmation, the buyer declares that it is familiar with and approves the weight calculations performed and the approvals sought.
Damage to the tank or appurtenant parts arising after driving with corrosive substances or compounds thereof, will not be covered by VM Tarm a/s.
On any rectification of defects, the customer will arrange transport of the product to and from VM Tarm a/s, Tværvej 25, DK-6880 Tarm, Denmark, and pay all of the related costs, and bear the risk concerning the product during transport. Recitification of defects must take place within the normal opening hours of VM Tarm a/s.
By its signature, the customer accepts that VM Tarm a/s may use images of the customer’s tanker/vehicle for use in marketing on e.g. Facebook and its own website.