Here you will find our trading conditions for:
Purchase and delivery of consumable products
Purchase and delivery of technical equipment
Purchase and delivery of services
1.1 These standard conditions were prepared for use in connection with minor purchases made by North Denmark Region, Central Denmark Region, Region of Southern Denmark, Region Zealand and Capital Region of Denmark either individually or jointly.
1.2 These standard conditions shall apply to the extent that they are not derogated from by written agreement between the Customer and the Supplier. If the purchase is regulated by a contract or framework agreement, including contracts or framework agreements concluded after a tender procedure, these standard conditions shall only apply if and to the extent this is stated in the contract, the framework agreement or the terms of
1.3 "Customer" shall mean the region(s), a unit/units thereunder or a representative/representatives of such region with which the Supplier concludes an agreement.
1.4 "Supplier" shall mean the party with which the Customer concludes a purchase agreement. If the Supplier uses subsuppliers in connection with the performance of the agreement the Supplier guarantees the performance of the agreement to the same extent as if the Supplier had carried out the delivery itself.
1.5 "Service" means the performance of a work task provided by the Supplier or its representative. If, in addition to the work task, the service also includes components, spare parts etc. the relevant provisions in these standard terms for delivery of consumable products and technical equipment shall apply to these components, spare parts etc.
1.6 In case of disagreement between the Customer and the Supplier as to whether a product should be classified as a "service", "a consumable product" or "technical equipment" the Customer shall decide such
disagreement based on a factual assessment.
1.7 "Working day" means Monday to Friday with the exception of Danish national holidays, 24 December, 31 December and Constitution Day (5 June).
1.8 The Supplier and its products shall comply with the Danish law in force at any time.
1.9 The Supplier, its employees and any subsuppliers and their employees shall observe unconditional confidentiality with respect to information about the circumstances of the Customer or others of which they obtain knowledge in connection with the performance of this agreement.
1.10 The Supplier may use the Customer as ordinary reference. However, the Supplier may not, without prior written consent from the Customer, issue public statements about the agreement or publish any information about its contents and the Supplier may not use the Customer’s name for advertising purposes without prior written consent from the Customer.
2.1.1 All consignments of consumable products and technical equipment shall be accompanied by a delivery note with product designation and number, quantity, the Customer's order number and the recipient's name and place of delivery.
2.1.2 Services shall be accompanied by a job card with specification of time consumption, transport, any deliveries of products etc. with product designation and quantity, the recipient's name and place of performance and the Customer's order number, EAN number, name of the orderer and personal reference number.
2.1.3 Any special safety conditions related to the consignment or parts thereof shall be pointed out to the Customer in writing and the Customer shall be entitled to request special marking of such consumable products and technical equipment.
2.1.4 In connection with services involving service, repair etc. the Supplier undertakes to prepare a service report/repair report specifying the service/repair carried out, spare parts replaced, if any, identified faults and
how these have been repaired.
2.2.1 Delivery shall take place when the consignment of the right quantity and condition is made available to the Customer at the location designated by the Customer.
For technical equipment it is an additional requirement that it is delivered ready for use, but see clauses 2.2.4- 2.2.6.
It applies especially to services that delivery has taken place when the services have been completed - at the designated location - as agreed, but see clauses 2.2.5 - 2.2.6.
2.2.2 It applies to consumable products and technical equipment that the Supplier is under an obligation to arrange and pay for the delivery of the product to the location designated by the Customer. The risk passes at the
time of delivery.
2.2.3 Upon receipt of consignments of consumable products the Customer has 5 working days to verify whether the consignment fulfils the requirements of the agreement, also with respect to quantities and quality.
However, this shall not apply to latent defects. In case of damaged packaging or missing packages the recipient shall immediately notify the carrier and make a note of it on the consignment note or the delivery note. The Supplier shall also be informed.
In addition to clauses 2.2.1 - 2.2.2, clauses 2.2.4 - 2.2.6 shall also apply to technical equipment:
2.2.4 If the consignment includes equipment which has to be tested delivery shall be deemed to have taken place when testing has been carried out and the consignment has been found to be in order by written approval from the Customer.
In addition to clauses 2.2.1 - 2.2.2, clauses 2.2.5 - 2.2.6 shall also apply to services:
2.2.5 If the consignment or service includes installation and/or assembly and/or programming the Supplier shall notify the Customer in writing when the work is completed. Within 10 working days the Customer shall either approve the performance of the consignment/service in writing or call a meeting for handing over of work, which the Supplier shall be obligated to attend.
If the Supplier does not attend this meeting the Supplier must accept the Customer's conclusions and assessments. The consignment/service shall be deemed to be delivered and the risk to have passed to the Customer when the meeting for handing over of work has taken place unless such meeting has revealed one or several material defects in the consignment/service. The latter provision shall also apply if such meeting for handing over of work has revealed one or several defects which are individually considered immaterial
but in combination constitute a material defect.
If one or several material defects have been identified a new meeting for handing over of work shall be held when the Supplier has notified the Customer that the defects have been remedied. The same shall also apply
if such meeting for handing over of work has revealed one or several defects which are individually considered immaterial but in combination constitute a material defect. The equipment shall not be deemed to be delivered until the defects have been remedied and the equipment has been reported in writing to be ready for use and the Customer has approved this in writing.
Furthermore, the combination of one or several immaterial defects is considered to be material if such defects are not remedied within 10 working days from the first meeting for handing over of work.
Otherwise, notwithstanding the provisions in clauses 2.2.5, 2nd paragraph, the equipment is not deemed to be delivered until the defects have been remedied and the equipment is reported in writing to be ready for use and the Customer has approved this in writing.
The Customer shall not be under an obligation to call a meeting for handing over of work if the delivery deadline agreed between the Parties has been exceeded and the Customer chooses to cancel the purchase, see clause 4.
2.2.6 If the Customer starts using the entire consignment or parts thereof before the time of handover, the liability and risk for the consignment or parts used shall pass to the Customer. In such cases, the period of remedy, clause 4.3, shall start at the time when use of the product is initiated.
2.3 Instructions/user manual
2.3.1 According to agreement with the Customer, the Supplier undertakes to give instructions to the Customer's employees to the extent such instructions are necessary for the Customer.
In addition to clause 2.3.1, clause 2.3.2 shall also apply to technical equipment:
2.3.2. Together with the delivery of the equipment, the Supplier shall also forward at least 2 brief user manuals/operating manuals in Danish for daily use.
The brief instructions in Danish shall be prepared for the following purposes:
- To have the equipment function as intended,
- To prevent incorrect use which may damage the equipment and ensure correct cleaning and disinfection etc., and
- To protect the user and third parties to the greatest possible extent.
Furthermore, a Danish user manual/operating manual shall accompany the equipment if this is more comprehensive or detailed than the above manual.
A set of technical manuals and diagrams prepared in Danish, English or one of the other Scandinavian languages shall also be included in the consignment.