Terms and Conditions
Terms and Conditions
These Sales and Delivery Terms (hereinafter referred to as T&C) serve as the basis for all agreements made with MoseTechnology NDT & Welding, ApS, regardless of the service to be delivered.
§ 1. PURPOSE AND SCOPE
1.1. These T&C apply to the legal relationship between the customer and MoseTechnology NDT & Welding, ApS. Any deviation from the provisions must be in writing and explicitly stated to be valid.
1.2. The agreement between the customer and MoseTechnology NDT & Welding, ApS must include a specification of the scope of work and delivery, prices, any schedule, and other terms and conditions relevant to the specific task. In case of conflict between the specific agreement and these T&C, the agreement shall prevail. The agreement will usually consist of an order confirmation from MoseTechnology NDT & Welding, ApS.
§ 2. CONTACT PERSONS
2.1. The designated contact persons of the parties may make all decisions concerning the task with binding effect on the parties.
§ 3. SCOPE OF WORK AND DELIVERY
3.1. The work of MoseTechnology NDT & Welding, ApS shall strictly correspond to what is stated in the order confirmation from MoseTechnology NDT & Welding, ApS.
3.2. The offer includes only the services explicitly stated in the tender material as part of the specific task. If the offer and/or order confirmation is based on the customer's specifications, MoseTechnology NDT & Welding, ApS is not responsible for errors or deficiencies arising from mistakes or inadequacies in the customer’s specifications.
3.3. MoseTechnology NDT & Welding, ApS may use subcontractors and sub-consultants where customary or where assistance is of minor significance.
§ 4. CHANGES
4.1. If the customer and/or the customer’s client and/or a third party requests changes or additions beyond what is explicitly included in the agreed scope of work and delivery, this will be charged as additional work, cf. § 5.2.
4.2. Changes to an agreed schedule require mutual agreement on a revised schedule.
§ 5. FEES AND PRICING
5.1. The fee for the completion of the task is specified in the agreement, either as hourly rates, daily rates, unit prices, or fixed prices.
5.2. Unless otherwise agreed in writing, all additional work is billed based on time spent in hours multiplied by MoseTechnology NDT & Welding, ApS's usual hourly rates applicable at the time of execution, including any overtime surcharge. Additionally, expenses incurred in connection with the work will be charged, cf. § 6.
5.3. All prices are net prices, i.e., exclusive of VAT, taxes, and duties, both domestic and foreign.
§ 6. EXPENSES
6.1. Any expenses incurred in connection with the execution of the task are not included in the price and will be invoiced to the customer monthly in arrears with a 10% administration fee unless otherwise stated in the agreement/contract.
§ 7. PAYMENT
7.1. MoseTechnology NDT & Welding, ApS is entitled to demand payment on account for commenced/performed services.
7.2. Invoices, including final settlement, additional work, expenses, etc., must be paid no later than 14 calendar days after the invoice date unless otherwise agreed in the individual agreement/contract. If the payment deadline is exceeded, interest will accrue from the due date at the rate applicable under the law on interest.
7.3. The customer has no right to offset or withhold amounts invoiced by MoseTechnology NDT & Welding, ApS.
7.4. In the event of late payment, MoseTechnology NDT & Welding, ApS is entitled to suspend work until payment is received.
§ 8. CUSTOMER OBLIGATIONS
8.1. The customer must, in due time and at no cost to MoseTechnology NDT & Welding, ApS, provide agreed and/or necessary data and information, requisitions, test samples, equipment, and similar.
8.2. The customer must also ensure that personnel required for the execution of the task are made available as needed.
8.3. The customer must provide free and unobstructed access to the worksite if it is outside MoseTechnology NDT & Welding, ApS's premises. The customer must ensure that the work is not conducted in unhealthy or hazardous environments and that any workplace requirements under applicable laws and regulations are met.
8.4. The customer must provide electrical power, scaffolding, and work lighting to MoseTechnology NDT & Welding, ApS at the worksite as necessary.
§ 8.5. CUSTOMER RESPONSIBILITY
8.5. The customer is responsible for ensuring that their personnel follow the instructions of MoseTechnology NDT & Welding, ApS employees during radiographic work and that the customer’s personnel respect the established barriers.
§ 9. CONFIDENTIALITY
9.1. The parties are mutually obligated to treat any information received in connection with the task confidentially.
§ 10. POSTPONEMENT OF THE TASK
10.1. The customer may postpone the execution of the task at any time. In such a case, MoseTechnology NDT & Welding, ApS shall be compensated for the work performed up to the time of postponement, along with reimbursement of expenses incurred due to the suspension, such as costs for redundant capacity (labor, premises, equipment, etc.), third-party costs, and unavoidable waiting and downtime costs. The burden of proof that the costs could have been avoided and/or that the invoiced expenses are excessive lies with the customer.
10.2. This provision does not grant the customer the right to postpone parts of the task or to alter the pace of progress without entering into a new agreement with MoseTechnology NDT & Welding, ApS.
10.3. Any additional work related to resuming the task may be billed as extra work, cf. § 5.2.
10.4. If the postponement (including any previous postponements) exceeds three months, MoseTechnology NDT & Welding, ApS is only obliged to continue work if a new schedule and pricing agreement reflecting price developments due to the delay are reached.
10.5. If a task remains on hold for more than six months, MoseTechnology NDT & Welding, ApS is entitled to consider the task terminated.
10.6. MoseTechnology NDT & Welding, ApS reserves the right to postpone a task at any time and cannot be held liable for any customer losses due to such postponement, regardless of the reason.
§ 11. TERMINATION OF THE TASK
11.1. The customer may terminate the execution of the task at any time. The provisions of § 10 shall apply accordingly.
§ 12. LIABILITY
12.1. With the following modifications, MoseTechnology NDT & Welding, ApS is liable for errors and negligence under Danish law for a period of five years from the completion of the task.
12.2. MoseTechnology NDT & Welding, ApS is not liable for operational losses, loss of profit, or other indirect losses.
12.3. MoseTechnology NDT & Welding, ApS is not liable for damages resulting from fusion and fission processes.
12.4. If MoseTechnology NDT & Welding, ApS has received samples and materials to be returned to the customer, MoseTechnology NDT & Welding, ApS’s liability is limited to the value of the received sample or material.
12.5. The liability of MoseTechnology NDT & Welding, ApS is capped at three times the contractual fee, but not exceeding DKK 20,000,000.
12.6. If MoseTechnology NDT & Welding, ApS incurs liability towards the customer along with others, MoseTechnology NDT & Welding, ApS shall only be liable for that portion of the customer’s loss corresponding to the share of total fault attributable to MoseTechnology NDT & Welding, ApS.
12.7. Any assessments, analyses, or recommendations made by MoseTechnology NDT & Welding, ApS in reports, separate proposals, or letters to the customer are based on the best knowledge available to MoseTechnology NDT & Welding, ApS at the time they are issued.
12.8. MoseTechnology NDT & Welding, ApS has professional liability insurance. Claims against MoseTechnology NDT & Welding, ApS can never exceed the coverage provided by the insurance policy in the specific case.
§ 13. GEOGRAPHICAL SCOPE
MoseTechnology NDT & Welding, ApS can never be held liable for claims brought or legal actions taken by or against a customer in the USA or Canada or for claims based on the laws of these countries, including the enforcement of judgments obtained in any court in the USA or Canada.
§ 14. PRODUCT LIABILITY
14.1. Product liability is governed by applicable Danish law. MoseTechnology NDT & Welding, ApS is not liable for operational losses, loss of profit, or other indirect losses. The limitations of liability stipulated in these T&C apply unless they conflict with mandatory legal provisions. The customer is obliged to indemnify MoseTechnology NDT & Welding, ApS for any expenses beyond those covered by this provision.
§ 15. REMEDIAL MEASURES
15.1. MoseTechnology NDT & Welding, ApS is entitled to remedy any identified errors or deficiencies.
§ 16. COMPLAINTS
16.1. The customer forfeits the right to claim liability against MoseTechnology NDT & Welding, ApS if the customer does not submit a written complaint within 14 days after becoming aware or should have become aware of the potential liability of MoseTechnology NDT & Welding, ApS.
16.2. If, after reviewing the complaint, MoseTechnology NDT & Welding, ApS and the customer determine that there are no liability-related deficiencies in the work performed by MoseTechnology NDT & Welding, ApS, the company is entitled to invoice assistance provided in handling the complaint based on time spent, cf. § 5.2.
§ 17. SECONDMENT
17.1. For tasks performed under secondment where the employee is not under the instruction and project management of MoseTechnology NDT & Welding, ApS, MoseTechnology NDT & Welding, ApS cannot be held responsible for the completion of the task.
17.2. The customer commits not to hire the seconded employee, directly or indirectly, within 12 months after the project's completion.
§ 18. BREACH OF CONTRACT
18.1. If the customer commits a material breach of the agreement or engages in conduct that reasonably prevents MoseTechnology NDT & Welding, ApS from continuing its assignment, MoseTechnology NDT & Welding, ApS is entitled to terminate the agreement and claim compensation for the incurred loss according to Danish law.
§ 19. GOVERNING LAW AND JURISDICTION
19.1. The agreement is governed by Danish law.
19.2. Any dispute arising in connection with the agreement between the parties must first be sought resolved amicably, potentially through third-party mediation. Disputes that cannot be resolved amicably shall be settled by the court in Sønderborg.