Sales, warranty and liability conditions for FKI Fast Food Teknik a/s
The conditions below apply to all agreements concluded with FKI. Deviations from this are only valid if they are confirmed in writing by us.
1. Order confirmation
An order is only binding for us when we have accepted it in writing.
If the buyer wishes to withdraw from the transaction, it is the buyer’s responsibility to notify the seller in writing no later than 5 days after receipt of order confirmation from the seller.
All our prices are ex works, net, excluding VAT and other taxes. The price is our daily price, determined on the basis of the wage and material prices, exchange rates, customs duties, freight and other costs applicable at the time of the order confirmation. In the event of changes to this basis during the period between order confirmation and delivery, we reserve the right to increase the price accordingly. If such a price increase amounts to more than 10% of the total order, the customer is entitled to withdraw from the purchase.
Unless otherwise agreed or determined by us, net payment is made in cash upon delivery. For amounts not paid in time, late payment interest accrues at 1.5% per month. A possible complaint does not entitle the buyer to postpone payment. Ownership only passes to the buyer when the entire sale price, together with any interest, costs, etc. is paid in full.
If the buyer has not paid the purchase price within 45 days from the time of delivery, FKI shall be entitled to cancel the transaction and demand compensation by written notice to the customer.
If the buyer fails to receive the delivery at the agreed time, he is nevertheless obliged to make payment as if delivery had taken place in accordance with the agreement.
FKI reserves the right to postpone the dispatch of – alternatively to cancel – additional contracted deliveries, if the buyer fails to pay, reports a suspension of payments, becomes bankrupt or his financial situation otherwise proves to be such that he must be considered to be unable to pay the purchase price when due.
Delivery takes place from FKI’s address in Verninge. The buyer bears the risk of the product’s demise or damage from the time when the product is made available to the buyer at FKI’s place of business in accordance with the agreement.
Shipping is at the buyer’s expense and risk. If we have not received any written instructions for shipping, we will choose the means of transport at our discretion.
The delivery time is given at FKI’s best discretion; but delivery up to 14 days after the agreed time shall in all respects be regarded as timely delivery.
All information about dimensions, weight, effect, capacity and other technical data which is listed in brochures, drawings etc. are approximate unless otherwise stated in the order confirmation.
6. Drawings and descriptions
Drawings, descriptions, construction proposals etc., drawn up and/or handed over to the customer in connection with a delivery, remain our property, which is why the customer must not use this material later without our permission, just as the customer must not inform third parties about this.
7. Force majeure
FKI is not liable if the following circumstances occur after the conclusion of the agreement and prevent or delay its fulfillment within the agreed time:
Force majeure, war, fire, strike, lockout, export and import ban, expropriation, shortages or delays in deliveries from subcontractors or other circumstances that FKI could not foresee at the time of entering into the agreement.
If defect-free or timely delivery is temporarily prevented by one or more of the above-mentioned circumstances, the delivery time is postponed for a period corresponding to the duration of the obstacle, and delivery to the thus postponed delivery time must be considered to be on time in all respects.
If the delivery obstacle can be expected to persist for a period of more than 3 months, both FKI and the buyer must however be entitled to cancel concluded agreements, without this being considered a breach.
8. Warranty and repair
FKI provides a 12-month guarantee for the deliveries stated in the order confirmation, valid from the delivery date/invoice date. The warranty covers the quality of construction and workmanship, so we undertake to repair or replace parts that are demonstrably defective or have been destroyed as a result of poor materials, poor workmanship or faulty construction. For components and parts, etc. which we buy from a sub-supplier, the guarantee cannot be extended beyond our sub-supplier’s guarantee.
The warranty does not cover faults caused by abuse, neglect, accidents, incorrect operation, lack of maintenance or normal wear and tear.
The warranty does not cover wearing parts, and the warranty is void if original spare parts specified by FKI are not used during the warranty period.
Faults or defects which are believed to be covered by the guarantee must be reported to FKI without delay, after they have been identified, as FKI reserves the right to decide where and how a rectification should take place, although rectification should take place as soon as possible, specifying that the guarantee does not include compensation for deprivation etc. during the repair period. All replaced parts belong to FKI and must be sent to FKI free of charge.
Repairs that have not been agreed with FKI in advance will not be reimbursed, and FKI disclaims any responsibility regarding the execution of the repair and any consequences thereof.
Parts can only be returned by prior agreement. FKI reserves the right to set off a return fee of 10% of the invoiced net value, however at least an amount corresponding to the costs associated with the return, such as storage costs etc.
Returned goods must be sent to us FRANCO with information about the invoice number.
FKI is only responsible for the damage caused by the sold item, if the buyer documents that the damage is due to gross negligence committed by FKI. However, FKI is never liable for operating loss, loss of profit or other imaginable indirect loss.
It is the responsibility of FKI as well as the buyer to take out appropriate product liability insurance at their own expense to cover the parties’ respective liability for product liability damages.
11. Venue etc.
Any dispute arising from these terms and conditions of sale, warranty and liability shall be settled by the ordinary courts and with Odense City Court/Eastern High Court as the venue, and according to the legal rules in force in Denmark.
The legal language is Danish.