General Terms for Ordered Work.
Generally
The terms are valid between CemeCon Scandinavia A/S and a customer (requisitioner) for all tasks done by CemeCon Scandinavia.
Opposite or different terms within the order or acceptance given by the requisitioner are not valid unless these terms have been accepted by CemeCon Scandinavia in writing.
1.Contents of the Task
1.1.The type of task, content, and economic terms are stated in a written agreement. Changes to the agreement shall be made in writing.
1.2.Schedule, price estimate etc. are given as a rough estimate unless something else has been agreed in writing. In case CemeCon Scandinavia can foresee considerably changes to price or schedule according to the agreement or that considerably obstacles to the task will occur the requisitioner is informed and consequently this is entitled to change or stop the work, cf. paragraph 5.1.
1.3.CemeCon Scandinavia is entitled to receive payment for the performed work independent whether the expected results of the requisitioner are achieved or not, unless this has been agreed between the parties in writing that CemeCon Scandinavia’s payment is depended on the fact that concrete and specified results are achieved.
1.4.CemeCon Scandinavia is entitled to let a third party do the job.
2.Professional Secrecy
CemeCon Scandinavia shows confidentiality with regard to comments on the task solutions and the agreed tasks. In case the requisitioner wish actual concealment e.g. know-how of the requisitioner which CemeCon Scandinavia has become familiar with during a task solution, a special written agreement must be made on this.
3.Rights regarding the Results of the Task
Know-how and other non-material rights which CemeCon Scandinavia develops or observes in connection with a task solution belongs to CemeCon Scandinavia unless something else is agreed in writing. By the requisitioner such rights can be used for his own use according to a written agreement between the parties or the clearly presumed extent.
4.Fee and Terms of Payment
4.1.Ordered tasks are usually done at fixed prices according to a quotation.
4.2.In case of exceed of the payment time CemeCon Scandinavia will charge an interest of 1½% per month commenced for the outstanding amount.
5.Change and Cancel Rights
5.1.If the requisitioner instruct the work to be stopped or postponed, cf. paragraph 1.2. the work which is already done must be paid according to the invoice, just like the requisitioner must refund CemeCon Scandinavia the costs regarding the cancelled or postponed work which CemeCon Scandinavia no matter the cancellation or postponement already has accepted to pay such as cost to a third party.
5.2.Changes to the description or the extent of the task can moreover only be done by a written acceptance from CemeCon Scandinavia.
6.Adjustment of Liability
6.1.According to Danish law’s general liability rules CemeCon Scandinavia is responsible to the requisitioner for mistakes and neglects when doing the task with the limitations which are stated in paragraph 6.2.-6.8 and 7.1-3. CemeCon Scandinavia is under no circumstances responsible for loss-making conditions and circumstances which is not a result of errors or mistakes of CemeCon Scandinavia.
6.2.If the work with a task is stopped or postponed cf. paragraph 5 then CemeCon Scandinavia is without any responsibility for defects and errors for the part of the work which already is done.