dnp’s control or of no concern to dnp including
°
Inadequate training of the customer's personnel
°
Failure to observe dnp denmark's instructions
°
Faults arising from normal use
°
Damage arising during the purchaser's transport of the delivery.
7. WARRANTY.
dnp denmark as warrants the product against defects in material and
workmanship under normal use in accordance with dnp denmark’s instructions on installation, use,
maintenance, and repair etc. dnp denmark as will for a period of (1) year from date of invoice
without extra cost for the customer make replacements, repair or redelivery of the parts with defects
due to defective materials or workmanship. Replacement, repair, or redelivery is made by dnp
denmark as at its option and the warranty hereof is valid for the remaining period of the original
warranty period.
To obtain warranty service the product serial number or other identification according to the
agreement may not be removed or defaced. Furthermore, this warranty does not apply to damages
or defects caused by normal use, accidents, wear and tear, reckless use of the product, use of the
product for other than intended purposes and/or use not complying with dnp denmark’s instructions
on correct use, maintenance, handling, or installation. Claims during the warranty period also
require that the product is used according to the current local technical or security standards, and
no unauthorised or non-approved accessories have been used, as well as any modifications and
changes in the product regardless of the reason and regardless if the adjustment has been
correctly made. Additionally warranty claims are conditioned by no use of unauthorised software or
virus and the warrant does not apply to damage caused by force majeure among others fire, flood
etc.
The warranty does only apply product defects in the above stated. The guarantee does not cover
financial losses, direct or indirect losses or consequential damages.
8. PRODUCT LIABILITY.
dnp denmark is liable for damage or injury to person only if documentary
evidence can be provided that the damage is attributable to error or negligence on the part of dnp
denmark. dnp denmark shall not be liable for damage to property or chattels belonging to the
purchaser or others unless the damage is due to gross negligence on the part of dnp denmark. dnp
denmark's liability may in no case exceed DKK five (5) million. dnp denmark can in no event be
held liable for operating loss, loss of profit or any other indirect losses.
If product liability is ascribed to dnp denmark by third party, the customer shall indemnify dnp
denmark to the limit of dnp denmark's liability under this provision.
9. LIMITATION OF LIABILITY.
The customer may in no event claim compensation for operating
loss, loss of profit or other indirect losses in cases of delays, defects or deficiencies, irrespective of
whether the delay, defect or the deficiency may be attributable to dnp denmark.
The customer may only claim a proportionate rebate in the purchase sum or compensation for the
customer's direct documented loss if the delay or the deficiency is attributable to gross negligence
on the part of dnp denmark.
10. DISPUTES AND JURISDICTION
. Unless otherwise agreed in writing, any dispute between the
parties concerning the agreement shall be settled by arbitration in Copenhagen, Denmark, at the
Danish Institute for Arbitration,
det Danske Voldgiftsinstitut
, in accordance with the rules for
processing of cases at the General Arbitration Court in Denmark, "
Regler for behandling af sager
ved Det Danske Voldgiftsinstitut
". Danish law shall apply.
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