Terms of sale and delivery for FarmConsult, CVR 29511772
1. Validity
Unless otherwise agreed in writing between the buyer and FarmConsult, these
sales and delivery terms apply. These take precedence over any provisions in
the buyer's order and / or acceptance.
2. Offers and order confirmation
Offers from Farm Consult are valid for 30 days from dispatch. The purchase agreement is not final until the buyer has received written order confirmation from Farm Consult. Validity is also conditional on this order confirmation being signed by the buyer and received by Farm Consult within 14 days from the date on the order confirmation.
3. Quantity
The delivered quantity may deviate from the agreed quantity by +/- 10%. This applies within the total quantity as well as within the agreed grades/products.
4. Sorting and reprocessing
All sorting and reprocessing shall be carried out in accordance with the European sorting rules applicable at any time, including Danish supplements. If reprocessing, packing or
other added value not described in these sorting rules has been agreed, this must be described by picture documentation and description in connection with the order confirmation.
5. Inspection
If the buyer wishes to inspect the purchased timber before felling, Farm Consult must be notified in sufficient time before the start of the felling period for FarmConsult to meet the delivery deadline. FarmConsult is obliged to present all plantations where the purchased products are delivered upon request.
6. Customer labeling
If customer labeling has been agreed, the buyer must deliver labels or approve printing material no later than July 15 in the delivery year. The buyer must inspect and approve labeling no later than one month before felling. If the buyer does not make this inspection, FarmConsult is not responsible for the conditions that could have come to the buyer's knowledge
if the buyer had made the inspection.
7. Felling
FarmConsult will carry out felling at an appropriate time before the time of delivery, taking into account deadlines and quality in the industry's processing guidelines. If felling of Christmas trees can be initiated from November 15 and thereafter, FarmConsult
provides a guarantee against significant needle loss. If the buyer wants such early delivery that felling of Christmas trees must begin before November 15, the buyer bears the risk of needle loss as a result of premature felling.
8. Delivery time
Delivery shall be made in accordance with INCOTERMS. Agreed quantities and delivery times shall
be observed by the parties. Deviations from this can only be made by written agreement between the parties. Deviations must be notified at least 2 days in advance.
No later than October 1, the buyer must state the desired delivery schedule, including address, delivery date and time. If the buyer fails to comply with this, FarmConsult will set the delivery time to week 48 of the delivery year. Unless otherwise expressly agreed in writing, a postponement of the delivery time of 48 hours due to circumstances at Farm Consult is considered timely delivery in every respect. Such circumstances do not give the buyer reason to cancel the order or refuse to receive the order.
9. Unloading
The buyer must ensure capacity and possibility of unloading no later than 2 hours after the truck's arrival. If this is not met by the buyer, costs for waiting time, wages and other costs shall be covered by the buyer.
FarmConsult issues a delivery note containing an exact indication of quantity and type for each delivery. By agreement, the delivery note can subsequently be sent to the buyer.
If the goods are packed on pallets on delivery, the goods must be completely unpacked from the pallets no later than 48 hours after unloading from the truck. Later unpacking will void the seller's
possible guarantee against loss of needles.
10. Transfer of risk
Upon delivery, the risk for the purchased goods is transferred to the buyer in every respect.
11. complaints
No later than 8 hours after receipt of the goods, the Buyer must check and ensure that the delivered goods are in accordance with the purchase contract. This applies to quantities as well as qualities and transport damage.
The buyer must without undue delay and no later than 48 hours after delivery complain in writing by email to the email address farmconsult@farmconsult.com about any errors/deficiencies. If this deadline is not met, the buyer forfeits the right to complain.
However, the buyer may complain about needle loss later than 48 hours after delivery if this is done immediately when the needle loss is detected.
The complaint must include: specific numbers on the label on the wood, load number,
pallet number and documentation of the error or defect. Complained goods must be available to Farm Consult at least 10 calendar days after receipt of the complaint.
If the purchased goods have a significant defect and the buyer has submitted a timely written complaint,
the buyer has the right to return the lot. The cost of taking back the lot is shared by the buyer and FarmConsult jointly. If it is agreed that the item is destroyed, the cost is also shared.
A complaint and compensation can never exceed the value of the purchased item. Farm Consult is not liable for the buyer's indirect loss or consequential damage, including, but not limited to, loss of profit or loss of profit at the buyer's customers. Farm Consult's liability
is limited in all respects to the invoice price of the goods and/or services.
12. Payment and retention of title
If payment is not made on time, interest will be charged from the due date. The interest rate is
the annual discount rate + 5%.
The buyer is not entitled to withhold payment on shipments where the shipment or part of it is complained about.
FarmConsult retains ownership of the goods sold until full payment, including payment for interest, delivery costs etc. has been made.
13. Force Majeure
If circumstances exist at the time of delivery that prevent timely delivery and if these circumstances are beyond the seller's control and do not concern circumstances that could reasonably be expected to have been taken into account or otherwise avoided at the time of the conclusion of the agreement or which FarmConsult
should reasonably be able to overcome, Farm Consult is entitled to postpone
the time of delivery - however for a maximum of 8 days. If delivery obstacles
arise, the other party must be notified in writing without undue delay.
14. Disputes
If a disagreement arises about sorting or other matters relating to the purchased goods, FarmConsult and the buyer shall each appoint an expert who shall seek to settle the disagreement.
If the expert's opinion does not form the basis for agreement
between the parties, the dispute shall be settled by the courts.
All disputes before the courts shall be settled by the court in the jurisdiction where FarmConsult has
residence and under the application of Danish law.