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1.0 Validity of these Terms and Conditions 1.1 An order for delivery of work, i.e. prod- ucts, materials, services, equipment, tools, personnel, etc., from a company within the Alfa Laval group of companies, hereinafter referred to as AL, presupposes acceptance by the Buyer of these Terms and Conditions, regard- less of the form in which the order is given. These Terms and Conditions are valid until otherwise notified to the Buyer by AL. 1.2 Price lists for service assistance, tools, etc. are subject to special terms and shall be enclosed with and form an integral part of these Terms and Conditions. In case of discrepancy between them, the price lists shall prevail. 1.3 These Terms and Conditions are divided into two main sections: I GENERAL CONDITIONS, articles 2-8 II TERMS FOR ASSISTANCE BY AL’S PERSONNEL, articles 9-15 I GENERAL CONDITIONS 2.0 Invoicing 2.1 The invoice for the work will be for- warded as soon as possible after completion of AL’s work and shall be paid by the Buyer within 30 days of the date of invoice. 2.2 Work or products delivered by AL shall remain the property of AL until paid for in full to the extent that the applicable law permits such retention of property. 2.3 If payment is not received on the due date, interest will be charged from that date until payment is effected. Interest shall be added to the invoiced amount on the basis of LIBOR for USD plus 6% p.a. 2.4 If the Buyer wishes to transfer the order to a third party, such transfer requires AL’s prior acceptance. In this situation, the Buyer shall remain liable for payment to AL. 3.0 Delays 3.1 If AL is delayed in delivery or in the work for reasons caused solely or partly by the Buyer or any of his representatives, employ- ees, officers, subcontractors, or agents, AL shall not only be allowed the necessary extra time but also compensation for extra costs that AL may incur. 3.2 If AL is delayed in delivery or in the work by its own fault, AL shall be liable for compensation or liquidated damages only if such written agreement has been stipulated directly in the Contract entered between AL and the Buyer. Liability for damages does not include consequential or indirect damages, irrespective of the nature of such damages. In no event shall the indemnity exceed 7.5% of the contract sum. The Buyer is not entitled to any other remedies and may not cancel the contract due to delays on the part of AL. 4.0 Liability against defects 4.1 All agreements shall be made on the basis of the limited liability provisions set forth herein. Other or more extensive liability, including the right to cancel a contract or claim damages beyond the extent stated herein, shall be valid only if a written agreement stating the nature and extent thereof has been entered before acceptance of delivery of the work and if the price is adjusted to include the costs of appropriate additional insurance or additional exposure. 4.2 AL’s liability for defects in materials deliv- ered shall be limited to procuring and supplying replacement materials free of charge. 4.3 For repair work and other work, AL’s liability for defects shall be limited to repair of the defect in question. AL shall cover only the direct costs of labour and materials for such repair. AL disclaims any other cost, whether direct, indirect, consequential, or otherwise. Payment for travelling time, waiting time, trav- elling expenses, hotel, and meals shall be for the account of the Buyer and shall be invoiced accordingly. 4.4 AL shall be liable for damage only if caused by gross negligence or intent on the part of AL’s personnel. AL’s liability shall be limited to repair of the direct damage and shall cover neither consequential costs nor indirect loss, irrespective of the nature of such loss. In no event shall AL’s aggregate liability arising out of a contract exceed the total value of the contract or the equivalent amount in local cur- rency. In no event can the amount exceed the amount of the contract, the maximum being DKK 10 million. The Buyer agrees to indemnify AL with respect to any liability in excess of this amount. 4.5 AL shall make its best effort to pass on to the Buyer all manufacturers’ warranties for machinery and equipment procured by AL for the work. In no event shall AL’s warranties/ liability for machinery and equipment procured by AL be more extensive than the manufac- turer’s warranties. 4.6 Where ALA has merely supervised the commissioning of the equipment and has not carried out the installation/repair, ALA shall incur no liability in respect of damage caused by defects in connection with such installa- tion/repair. ALA shall be liable only for damage directly related to gross negligence or intent on the part of ALA’s personnel with a view to improper commissioning procedures. 4.7 AL assumes no liability for defective materials or workmanship, loss, or damage once the work has been accepted by the representative of the classification society or the Buyer. In no event shall ALA be liable unless the defective materials or workmanship are detected and presented to ALA in writing within thirty (30) days of the Buyer’s detecting the defects, or the work has ceased for what- ever reason, or products have been returned to ALA, whichever occurs first. 5.0 Force majeure 5.1 In case AL is hindered by an event of force majeure from carrying out the agreed work within the agreed time, then AL shall be allowed the necessary extra time from the point in time when the event of force majeure ceases. AL shall not be liable for loss, damage, or delay caused by an event of force majeure. 5.2 Force majeure shall be taken to include, but not be limited to, acts of God, strikes, lockouts, general disturbance, major traffic disturbance in international transportation, inclement weather conditions, and other circumstances beyond AL’s control. 6.0 Product liability 6.1 Unless other statutory provisions apply, the following shall govern AL’s product liability: 6.2 AL shall be liable for personal injury only if it is proved that such injury was caused by negligence on the part of AL or others for whom AL was responsible. 6.3 AL shall not be liable for damage to property occurring whilst AL’s products are in the Buyer’s possession. Nor shall AL be liable for damage to products manufactured by the Buyer or to products or services of which the Buyer’s products form a part. 6.4 In no event shall AL be liable for loss of production, loss of profit, or any other conse- quential damages or indirect loss. 6.5 In no event shall AL’s liability exceed DKK 10 million. 6.6 To the extent that AL incurs product liability to a third party, the Buyer shall indem- nify AL as far as AL’s liability has been limited by the four preceding paragraphs. 6.7 The above limitations in AL’s liability shall not apply where AL has been guilty of gross misconduct. 6.8 If a claim for damages as described in this clause is lodged by a third party against AL or the Buyer, that party shall forthwith inform the other party thereof in writing. 6.9 AL and the Buyer shall be obliged to let themselves be summoned to the court or arbitration tribunal that examines claims for damages lodged against one of them on thePDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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