General business terms & conditions
1. Starting projects or deliveries
GSMALMGREN INTERIORS, “GSMI”, will prepare a detailed offer for all new projects. Each offer shall state clearly the elements of the service to be undertaken and the related cost for its completion. If GSMI is asked by the customer to start work on a project before the cost have been agreed, this work shall be charged at GSMI’s normal hourly rates plus actual cost.
2. Quotation & order confirmation
GSMI cost proposals shall be valid for 4 weeks, starting from the date on the document. In case of any changes in domestic or international legislation, VAT, duty, levy etc., occurred until the delivery date and resulting in unforeseeable extra cost, GSMI shall be entitled to charge the full cost to the customer. Once customer has accepted the offer, GSMI shall issue an order confirmation. Any offer may only be considered as a whole. Customer is entitled to procure offers from up to three suppliers, otherwise a formal competitive bidding process must be proceeded.
3. Payment plan
Unless otherwise agreed in writing, GSMI shall invoice according to the following procedure: 40% of the offer on order confirmation; 40% in the middle of the project, the exact date shall be shown in the order confirmation; final invoicing of the remaining amount shall be issued at the end of the project/delivery.
4. Terms of payment
All invoices are due 10 working days from invoice date, if not stated differently on the invoice; applicable VAT shall be added and shown on the invoice. Split weekend clause to be applied. In case that customer does not pay on time, GSMI reserves the right to charge interest at a rate of 2,8% per month from due date until payment of the outstanding amount. In case of any incomplete deliveries or deliveries with minor flaws customer is not entitled to hold back any payment exceeding the value of the missing or faulty delivery.
5. Project cost
In addition to GSMI’s offer customer shall pay:
All expenses incurred by GSMI in performing the services, including: all travel cost, hotel accommodation, consumption & transport, all legal advices, statutory fees, other consultant fees and local building permissions.
All bought in project material for design development, including samples & prototypes, presentation models, photography, films and artistic visuals, specialised equipment.
All bought in project material and enabling work for project implementation, including procuring shop fittings, signage, rebuilding work, etc.
6. Cancellation or postponing of a project
In the event that customer cancels, suspends or delays the project, no matter the reason, customer shall be obliged to pay all realised project work, fees and project cost occurred up to the time the project has been cancelled, suspended or delayed. If customer suspends or delays an agreed delivery date, no matter the reason, GSMI shall be entitled to invoice any delivery according to the original agreed delivery date. Subsequently all goods shall be stored in an agreed location, for the customer’s account and risk.
7. Delivery time and force majeure
Unless otherwise agreed in writing, all GSMI deliveries shall be completed as soon as possible. Any agreed delivery date shall be with reservations for force majeure and events, beyond the control of GSMI, also including accidents, delay of raw material or components, production breakdown at or from sub suppliers. If an order is delayed more than 3 calendar months from agreed delivery date, either party shall be entitled to cancel the order. The format of this cancellation shall be a registered letter to the other party.
8. Property and Risk
Any GSMI delivery are ex works (EXW). The property and risk in the goods shall pass to customer when the good has been produced and is ready for pick-up at GSMI’s factory. In case GSMI has offered to handle the transport, any transport related damage must immediately be reported to the transporting company, including reservation note on shipping bill and relevant photo documentation; all in copy to GSMI. If the customer fails to comply with this procedure, GSMI reserves the right to reject any claim.
On any GSMI delivery, customer is obliged to check the goods immediately upon receiving. Complaints shall be forwarded to GSMI in writing within 7 working days from receiving date, including relevant (photo) documentation. If customer fails to comply with this procedure, GSMI reserves the right to reject any claim. When accepted, GSMI shall be obliged to correct flaws and defects as soon as possible.
10. Design and production copyright
Any design and documentation produced by GSMI (incl. sub suppliers) remains the property of GSMI, including design art work, drawings, technical & project documentation, economy, etc. and cannot be copied, reproduced, published or handed over to third parties in any form without the written consent of GSMI.
11. Delivery & mounting
On any GSMI delivery, where GSMI is handling shipping and installation on site, and where customer is responsible for rebuilding/preparation of the premise, either by himself or sub contractors, customer shall be responsible for the site being tidy, clean and ready for unhindered delivery and installation on the agreed delivery time. Site shall be free of building materials, building workers, products, etc.. If customer fails to comply with above, GSMI shall be entitled to charge any related additional cost to customer. Unless otherwise agreed in writing, customer shall be liable for arranging any necessary approval and permission from authorities or landlord related to GSMI deliveries. The client shall pay for all expenses related to such applications and approvals.
12. Return policy
Any returns shall only be accepted with the prior written consent of GSMI, and must be flawless, unused and in unbroken original carton or packing. GSMI shall be entitled to deduct minimum 10 % from the sales price. GSMI does not accept any returns after 4 weeks (28 calendar days), counted from the date of delivery. Any items that have been specially produced for the customer, project or particular concept shall be excluded from this return policy.
13. Reservation of proprietary rights
Any work, services and/or product shall remain the property of GSMI until the full amount has been paid and recorded in GSMI’s bank account.
In the event that defects occur on a product supplied by GSMI, within one calendar year counted from the delivery date, proving insufficient quality at the construction, production or materials, then GSMI shall be obliged, but optional by GSMI, to repair or exchange the product, either on site or in a work shop, without any direct cost for customer. GSMI shall never be liable for any related indirect cost for customer, also including operating loss and/or loss of profits.
15. Product liability
GSMI shall be liable for personal injuries, proving mistakes or failures committed by people working on behalf of GSMI. Once any GSMI delivery is in the possession of customer, GSMI shall not be liable for any form of related damages inflicted on property or movables. GSMI shall never be liable for any related indirect cost for customer, a.o., including operating loss and/or loss of profits.
16. General terms and conditions
Any building work shall be conducted and/or coordinated by GSMI according to Danish AB 92 “General Conditions for the provision of works and supplies within building and engineering”. All orders shall be governed by and construed in accordance with the laws of Denmark. Both parties hereto accept Copenhagen City Court as the proper legal venue for settlement of any controversy of dispute that may arise in connection with, or as a result of, the agreement which the parties are to resolve by mutual agreement.
These terms and conditions shall take precedence at any time, except to the extent that GSMI and the customer enter into an agreement in writing signed by both parties. If any of the above clause is in conflict with Danish law, the relevant clause shall be adjusted in line with Danish law. Furthermore other parts of these GT&C’s shall remain unchanged.