Terms of sale and delivery

General conditions:

ORGALIME S2012 applies to the extent that the provisions do not conflict with the other provisions of this agreement.​​

Delivery Clause:

[IF THE PRODUCT IS COLLECTED BY A DANISH CUSTOMER]: Ex Works, VM Tarm a/s, Tværvej 25, 6880 Tarm, Denmark.

[IF THE PRODUCT IS COLLECTED BY A FOREIGN CUSTOMER]: FCA, VM Tarm a/s, Tværvej 25, 6880 Tarm, Denmark.

[IF THE PRODUCT IS DELIVERED TO A PORT]: FCA, Hirtshals Port [OR OTHER].

[IF THE PRODUCT IS DELIVERED TO STS]: DAP, STS Sydhamnens Trailer Service AB, Transportgatan 7, 42246 Hisings Backa, Sweden.

[IF THE PRODUCT IS SHIPPED TO A CUSTOMER IN ENGLAND, SCOTLAND OR WALES]: DAP, customer's address.

Delay:

In the event of VM Tarm a/s's delay, the buyer may request delivery within a reasonable period by written notice to the seller, which cannot be shorter than one week, when there is a delay of more than 6 months and the product is still not delivered. If VM Tarm a/s does not deliver within this timeframe, and this is not due to circumstances for which the buyer is responsible, the buyer may, by written notice to VM Tarm a/s, terminate the agreement concerning the part of the product that due to VM Tarm a/s's failure to deliver cannot be used as intended by the parties.

If the buyer terminates the agreement, he is entitled to compensation for the direct loss he has suffered due to VM Tarm a/s's delay, as the buyer is not entitled to compensation for indirect losses, including lost revenue. The total compensation payable under this provision cannot exceed 10 percent of that part of the agreed purchase price that covers the part of the product for which the agreement is terminated.

In case of delay, the buyer is not entitled to contractual penalties in accordance with ORGALIME S 2012, clauses 14-16.

Termination of the agreement with limited compensation is the only rights the buyer can assert as a result of VM Tarm a/s's delay. Any other claims against VM Tarm A/S due to such delay are excluded unless VM Tarm A/S has acted with gross negligence.

The purchased product will be delivered by VM Tarm a/s only when the entire purchase price has been credited to VM Tarm a/s's account.

Others:

The agreed delivery is produced in collaboration with the buyer and based on the buyer's instructions.

The seller assumes no responsibility for the buyer's possible use in violation of applicable legislation, such as driving with overload or driving with products for which approval has not been sought. The buyer declares by signing the order confirmation that they have been made aware of and approve the weight calculations and sought approvals.

Damage to the tank or associated parts, which has occurred after driving with aggressive substances or mixing thereof, is not covered by VM Tarm a/s.

In the event of rectification of deficiencies, the customer is responsible for the transport of the product to and from VM Tarm a/s, Tværvej 25, 6880 Tarm, Denmark and bears all costs associated therewith and the risk for the product during transportation. Rectification of deficiencies must take place within VM Tarm a/s’ normal opening hours.

The customer accepts by signing that VM Tarm a/s may use images of the customer's tank/vehicle for marketing purposes on, among other things, Facebook and the website.

The attached copy of the relevant order confirmation should be returned in signed condition, as a final agreement exists only when VM Tarm a/s has received this.