OPERATING MANUAL FOR BUKH DV36ME ENGINES
009W0327-R03
- 22 -
General Terms of Sale and Delivery
1.
Introduction
The
terms
of
sale
and
delivery
specified
below
shall
apply
to
all
quotations,
orders
and
consignments
unless
otherwise
specified
in
any
other
written
agreement.
2.
Quotations
Quotations
shall
be
subject
to
confirmation
and
the
goods
being
unsold.
Bukh
A/S
reserves
the
right
to
change
unconfirmed
quotations
without
notice.
The
prices
stated
are
exclusive
of
value
‐
added
tax
and
other
duties.
3.
Orders
Any
order
shall
be
confirmed
in
writing
by
Bukh
A/S
in
order
that
an
agreement
on
consignments
can
be
considered
as
binding.
The
order
will
be
delivered
at
a
confirmed
price
subject
to
price
increases
resulting
from
changes
in
trade
conditions,
duties,
rates
of
exchange,
raw
material
supplies
and
similar
conditions.
Cancellation
will
only
be
accepted
as
per
arrangement
and
against
payment
of
expenses
incurred.
Illustrations,
dimensioned
sketches,
as
well
as
the
contents
of
leaflets,
catalogues,
circular
letters,
etc
are
approximate
and
with
no
binding
effect.
When
carrying
out
the
order,
Bukh
A/S
reserves
the
right
to
make
any
changes
which
are
deemed
necessary
from
a
technical
point
of
view.
4.
Terms
of
Delivery
Delivery
will
be
“ex
works”
(Incoterms
2010),
unless
otherwise
agreed.
Bukh
A/S
shall
not
be
responsible
for
delays
or
obstacles
due
to
force
majeure,
for
example
labour
conflicts,
fires,
currency
restrictions,
shortage
of
labour
and
means
of
transport,
general
scarcity
of
goods,
restrictions
on
power
and
flaws
in
consignments
from
subsuppliers
or
delay
in
such
consignments,
or
any
other
conditions
beyond
the
influence
and
control
of
Bukh
A/S
as
well
as
delay
caused
by
the
customer
not
having
supplied
sufficient
technical
information
punctually.
If
the
customer
fails
to
observe
the
terms
stipulated
for
payment
of
the
purchase
price,
Bukh
A/S
shall
be
under
no
obligation
to
make
delivery.
Bukh
A/S
shall
not
pay
any
damages
for
delays
in
delivery.
5.
Packaging
Packaging
is
included
in
the
price
of
the
product
and
will
not
be
taken
back.
6.
Payment
Payment
for
all
consignments
shall
be
made
directly
to
Bukh
A/S,
Krusaa,
Denmark.
The
customer
shall
not
be
entitled
to
withhold
payment
because
of
any
counterclaims.
If
payment
should
be
effected
later
than
the
stipulated
settling
date,
interest
shall
be
paid
on
overdue
payments
at
the
rate
of
1.5
per
cent
per
month
or
fraction
of
a
month.
Bukh
A/S
reserves
the
right
to
change
the
rate
of
interest.
Any
consignment
shall
remain
the
property
of
Bukh
A/S
until
payment
has
been
made
in
full,
and
the
customer
must
keep
the
consignment
insured
against
fire
and
damage
‐
in
case
of
marine
plant,
against
sea
risk
‐
at
the
total
new
value
from
the
date
of
shipment
from
the
factory
and
until
full
payment
has
been
effected.
7.
Remedying
Defects
If
the
consignment
should
prove
defective,
Bukh
A/S
undertakes
during
the
first
24
months
after
the
consignment
has
been
put
into
service,
however,
not
beyond
30
months
from
the
day
the
consignment
is
reported
to
be
ready
for
shipment,
in
the
case
of
spare
parts,
however,
3
months
from
shipment,
to
remedy
defects
which
are
due
to
faulty
design,
materials
or
workmanship.
However,
the
obligation
to
remedy
defects
is
conditional
on
the
operating
conditions
contained
or
provided
in
the
agreement
being
observed
and
the
consignment
being
used
and
operated
correctly.
Defects
which
are
due
to
1)
improper
storage
before
or
during
installation,
2)
insufficient
maintenance,
3)
incorrect
installation
by
the
customer,
4)
changes
of
the
consignment
carried
out
without
the
written
consent
of
Bukh
A/S,
5)
incorrect
or
inexpedient
repairs
made
by
the
customer
or
others,
6)
normal
wear
or
deterioration,
rust,
corrosion,
deposits
caused
by
water,
foreign
matter
in
pipes
or
the
use
of
unsuitable
oils,
shall
not
be
covered
by
Bukh
A/S’s
obligation
to
remedy
defects.
Unless
otherwise
stipulated,
all
transport
and
mounting
of
defective,
repaired
and
replaced
equipment
shall
be
at
the
customer’s
account
and
risk.
Parts
of
the
consignment
which
are
not
manufactured
by
Bukh
A/S
will
only
be
replaced
to
the
extent
that
Bukh
A/S
is
compensated
for
them
by
the
subsupplier.
Bukh
A/S’
liability
for
defects
is
limited
to
the
above
‐
mentioned
obligation.
Bukh
A/S
shall
only
pay
damages
if
it
is
proved
that
the
loss
caused
by
the
defect
is
due
to
gross
negligence
or
intentional
circumstances
on
the
part
of
Bukh
A/S.
Bukh
A/S
shall
in
no
circumstances
be
held
liable
for
operation
loss,
loss
of
profits
or
any
indirect
damage.
8.
Arbitration
Any
disputes
are
to
be
settled
according
to
Danish
law
by
arbitration
in
Copenhagen
according
to
the
rules
of
the
International
Chamber
of
Commerce
and
in
accordance
with
the
Danish
Act
on
Arbitration
of
1972.
