In as far as we have sold the Goods to the Buyer on the basis of the quality description provided by our sub suppliers, we are not obliged to more than that indicated in the quality description. Except in case of intention or gross negligence on our part, our liability towards the Buyer, for any reason whatsoever, shall be limited to the purchase price of the Goods and we shall never be liable for any other, direct or indirect damage to the Buyer or third parties including consequential loss, immaterial damage, loss of profits or environmental damage. Except in cases of intention or gross negligence on our part, the Buyer shall indemnify us against any third-party claims, completely, with regard to the compensation of damage, costs or interests relating to the Goods or caused by the use of the Goods.
CONDITIONS OF WARRANTY
Subject to the terms and conditions mentioned herein, the Goods are automatically covered by a warranty for 24 months from the date of purchase (the warranty period). We will repair any defect that arises due to faulty materials or workmanship free of charge during this Warranty Period provided that the parts needed for such repair are fitted by an authorised decoflame® service technician.
If deemed necessary by us, the Goods shall be returned to our factory for repair, whereby we will arrange for shipment to the factory and return shipment to the Buyer at our cost. The Buyer is obliged, to safe-keep the original packaging of the Goods for this purpose. Should it fail to have the original packaging available for this purpose, we will offer to send adequate packaging at the Buyer's cost. The Buyer is responsible for uninstallation and adequate packaging of the Goods and is liable for any damage occurring during uninstallation or transit resulting of failure to observe its obligations.
If during the Warranty Period, the Goods become irreparable, we will exchange the defective product with a replacement at our sole costs. The faulty product must be returned to the factory in its original packaging. The Warranty on the replacement product will continuously run from the original purchase date of the original product.
Notwithstanding anything to the contrary, should the Buyer or any other person use the Goods not adhering to the instructions given in the User Manual, or attempt to repair/amend the Goods, the Warranty will be invalid. Any claims made under the terms of the Warranty must be supported by the original invoice or bill of sale issued at the time of purchase, together with photographic evidence in high resolution of the fault/damage. In case the Goods were delivered to a newly constructed property, evidence must be provided of the date the appliance was commissioned.
This Warranty covers the Goods for normal domestic use only. Any commercial use of the Goods is not intended and not covered by this Warranty.
This Warranty is non-transferable to any other person or for any other product.
This Warranty is governed by Danish law, and is in addition to and does not diminish your statutory or other legal rights.
EXCLUSIONS OF WARRANTY
This Warranty does not cover:
Any Faults that arise as a result of negligence, intentional abuse or improper use and/or installation i.e. use and/or installation which is not strictly in line with the instruction given in the User Manual which was part of the scope of delivery of the Goods. The replacement of cosmetic components or accessories or accidental damage.
Losses caused by unforeseeable events (including but not limited to floods, lightning storms, frost or other bad weather conditions, acts of God), fair wear and tear, glass, cosmetic damage, corrosion, oxidation or transit damage. Any commercial use of the Goods. Installation in any type of marine vessel (this exclusion includes longboats and barges) unless the parties have made an agreement to the contrary.
Claims arising from non-domestic use or use in a commercial environment.
Whilst all reasonable care will be taken during after sales service interventions, we will not accept liability for damage sustained to property other than as a result of our negligence in the process of moving or repairing the Goods.
In the course of the work carried out it may be necessary to remove the Goods from their installed position. If the Goods are glued, grouted or installed in any other way than described in our detailed installation instructions, it will be the Buyer's responsibility to have the Goods removed.
If the Buyer does not fulfil any of its obligations arising from the agreement or fails to do so properly or not on time, as well as in case of bankruptcy, (provisional) suspension of payments, cessation or liquidation of the Buyer's company, the Buyer is in default and we are entitled without notice of default or judicial intervention to suspend the execution of the agreement until we deem payment to be sufficiently guaranteed and/or dissolve the agreement in full or in part, without any obligation to pay the Buyer any compensation and without prejudice towards our further rights. In the cases listed in this paragraph, all our claims against the Buyer shall immediately and fully become payable and the Buyer is obliged immediately to return all Goods which have remained unpaid.
APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The Danish Law governs the agreement between the parties and these General Terms and Conditions that are part of it. All disputes which occur as a result of the agreement or the General Terms and Conditions shall be subject to the judgment of the Danish Court in Aalborg. Applicability of the "Vienna Sales Convention" is ruled out.
Should any provisions of these General Terms and Conditions be void or subject to annulment on the grounds of the applicable law, both parties shall consult with each other and agree on a provision that is permitted, and that as far as possible shall approach the objective of the original provision. The other provisions of these General Terms and Conditions shall remain valid and unaffected.
RETENTION OF TITLE
Ownership of the Goods shall, despite the actual delivery, not transfer to the Buyer until the Buyer has completely paid to us everything that it owes or shall owe with regards to the Goods, including the purchase sum, any surcharges, interest, tax and costs owed as a result of these General Terms and Conditions, as well as any remuneration for work (to be) carried out for the Goods. Before ownership of the Goods has transferred to the Buyer, the Buyer is not entitled to sell the Goods or to deliver them, dispose of them, rent them to third parties or lend them, to pledge them to third parties or encumber them towards third parties in any other way. In that case, the Buyer is only entitled to use the goods within the framework of its normal company operations. If and for as long as ownership of the Goods has not been transferred to the Buyer, the Buyer shall immediately notify us in writing if the Goods are seized or a claim is made on any part of the Goods in any other way. In case of attachment, bankruptcy or (provisional) suspension of payments, the Buyer shall immediately inform the attaching bailiff, bankruptcy trustee or the administrator of our (ownership) rights.
Should we be unable to fulfil our obligations towards the Buyer under our agreement, due to circumstances beyond our control, those obligations are suspended for the duration of the situation causing those circumstances. If the circumstances beyond our control have lasted for three months, both parties are entitled to dissolve the agreement in full or in part by means of a letter sent by registered mail. In case of circumstances beyond our control, the Buyer is not entitled to any compensation for damages, not even if we should have had any benefit from those circumstances. Circumstances beyond our control are: any circumstance beyond our control which in full or in part hinders us to fulfil our obligations towards the Buyer or as a result of which we cannot reasonably be expected to fulfil our obligations, regardless of whether those circumstances could be foreseen at the time that at which the agreement was entered into or not. These circumstances also include: strikes, stagnation or other problems in our production or the production of our suppliers and/or the transport provided by third party and/or measures by any government bodies, as well as the lack of any license to be obtained for the government. We shall inform the Buyer of any (possible) circumstances beyond our control as soon as possible.