Terms and conditions of business

Sales/delivery and rental conditions for Godik ApS of March 1, 2023

1. APPLICATION
1.1. Any delivery from Godik ApS (hereinafter referred to as Godik) is made on the basis of the present sales/delivery and rental conditions. The conditions are binding for all deliveries between the parties and thus override all agreements and customs that are contrary to these conditions, including conditions prepared and submitted by the Buyer/Customer, unless otherwise stated in the order confirmation/delivery agreement submitted by Godik.

1.2. The conditions of March 1, 2023 cancel all previous conditions regarding sales/delivery and rental conditions. The right to change the conditions without prior notice is reserved. The information is subject to typographical errors.

2. OFFER AND CONCLUSION OF THE CONTRACT
2.1. Godik shall not be bound by the declarations made by Godik, however designated, until Godik has dispatched its delivery agreement at the earliest. Godik is entitled, until the delivery agreement has come to the knowledge of the Buyer/Lessee, to revoke the declarations submitted by Godik.

2.2. Offers made by Godik are valid while stocks last, but for a maximum of 14 days, calculated from the date of the offer.

2.3. The delivery agreement is considered binding when the Buyer/Customer has signed and returned the delivery agreement or has confirmed the delivery agreement, with reference to the exact version number, by e-mail to Godik.

3. DURATION OF THE LEASE, COMMITMENT PERIOD, SUPPLY AGREEMENT AND DISCOUNT SCHEME
3.1. A lease shall commence on the day on which the rented equipment is collected at the Lessee’s request or delivered by Godik. Godik may terminate the rental agreement in case of breach of the agreement.

A weekly rental shall end on the day on which the rented equipment is returned at the Lessee’s request or collected by Godik in accordance with the delivery agreement. A weekly rental is 7 days including one day for delivery and one day for collection. For example, a weekly rental is calculated as follows: delivery on Tuesday by 18.00 at the latest and collection on the following Monday from 7.00 at the earliest. For example, in the case of delivery and collection on weekdays, delivery is calculated from 7.00 on Tuesday at the earliest and collection on the following Monday by 15.00 at the latest. For return of equipment on weekly rental: If equipment is returned after the return deadline stated in the rental agreement, the customer will be invoiced for at least one subsequent weekly rental.

Monthly rentals are equal to 30 days. When canceling and returning equipment on a monthly rental, the rental ends 4 days after cancellation. The monthly rental charge is calculated for the entire rental period, regardless of whether the rented equipment is used or not.

4. PRICES, PLACE OF DELIVERY AND DELIVERY TIMES
4.1. The prices and delivery agreements quoted are exclusive of delivery and collection costs, diesel and the like, cf. point 5.

4.2. Prices are adjusted annually on January 1, based on the development of the Net Price Index in the previous year from January 1. August 1 to July 31. The annual price adjustment is a minimum of 0.95%. This also applies to existing orders.

4.3. Delivery takes place when the goods are collected at the Buyer’s/Lessee’s request or delivered by Godik. Thereafter, the Buyer/Lessee shall bear all risks and the Buyer/Lessee shall bear all costs of delivery. (With the exception of theft and fire damage) Unless otherwise agreed in writing, Godik reserves the right to deliver equipment in the manner it considers optimal for delivery.
4.4 The Buyer/Lessee undertakes to send a sketch plan of the location of the equipment, to indicate a fixed transport route to the location, and to physically mark the place(s) where the equipment is to be placed/delivered. Delivery takes place 24 hours a day. The Buyer/Customer is obliged to provide a telephone number where the Buyer/Customer can be reached. If the Buyer/Customer cannot be reached at the agreed telephone number, the goods shall be unloaded at a place selected by the driver at the expense and risk of the Buyer/Customer.

4.5. Transportation of the equipment from and to Godik’s site may only take place with written permission or by Godik’s arrangement, but at the Lessee’s expense. Reservations are made for any overruns of delivery or collection times as a result of force majeure, strike, lockout, delayed delivery by subcontractors of material ordered in due time or other circumstances beyond Godik’s control. Furthermore, military, NATO, emergency response and hospital services will at all times be prioritized before any other Buyer/Tenant. Any consequence of non-timely delivery due to one of the above circumstances is thus of no concern to Godik, and the Buyer/Customer may therefore not assert any claims against Godik in this connection. The transportation of the equipment shall not be moved from the country where the equipment is hired without written consent.

4.6. In the event that the Buyer/Customer does not accept delivery at the time of delivery, including breach of any agreed collection obligation, Godik is entitled to terminate the agreement and claim damages. Furthermore, Godik is entitled to sell/sublet or store the product at the Buyer’s/Lessee’s expense. In storage, the product remains at the risk of the Buyer/Lessee.

5. FREIGHT, INSURANCE COSTS, ETC.
5.1. The purchase/rental prices quoted in the offer are exclusive of freight, transportation, insurance, packaging, installation, customs duties, road tax, bridge tolls, parking fees, ferry costs and any government taxes, unless otherwise agreed. Changes in exchange rates, taxes, insurance, freight and purchasing costs mean that Godik may adjust prices.

6. ACCESS CONDITIONS
6.1. The lessee is obliged either to ensure that access to the equipment is unobstructed, at least 5 meters wide and on a level road for truck traffic, or to bring the equipment to the service vehicle. This applies to servicing as well as delivery and collection of the equipment, otherwise the Lessee will be invoiced for unsuccessful transportation or waiting time and rescue assistance, minimum DKK 1,500.00. Instruction of driving on site by the Lessee is at the Lessee’s risk and responsibility.

7. TERMS OF PAYMENT
7.1. For purchases as well as rentals, payment must be made according to invoice, unless otherwise agreed.

7.2. Any deposit made is a security for any claim that Godik may have in connection with the agreement concluded.

7.3. Invoices are sent by e-mail. If an invoice is to be sent by other means, an invoicing fee of DKK 95.00 per invoice will be added.

7.4. In case of re-invoicing, time spent will be charged at DKK 600.00 per hour, with a minimum of DKK 300.00.

7.5. Payment is made by Godik deducting the invoice amount incl. VAT via Leverandørservice. Otherwise, the Lessee/Purchaser must submit a demand guarantee for the invoice amount incl. VAT no later than 7 days before the first day of delivery, unless otherwise agreed in writing with Godik.

7.6. In the event of late payment, interest shall be charged at a rate of 1.5% per month or part thereof, calculated from the due date until payment is made. When sending payment reminders, Godik is also entitled to charge a reminder fee of DKK 100.00 per payment reminder.

7.7. The Buyer/Tenant is not entitled to use the purchase price/rent or part thereof for set-off, just as the Buyer’s/Tenant’s complaint under clause 10 does not entitle the Buyer/Tenant to withhold the purchase price/rent.

8. RETENTION OF TITLE
8.1. Godik retains title to the goods sold until the purchase price has been paid in full plus interest, costs and any expenses relating to the goods sold that may have been incurred by Godik on behalf of the Buyer. Godik is thus entitled to take back the product sold if the Buyer – in whole or in part – defaults on his payment obligation.

9. OPERATING COSTS DURING THE RENTAL PERIOD
9.1. In the case of ordinary hire, the hirer shall bear all costs of installing, dismantling and operating the equipment and shall apply for the necessary permits and bear the costs thereof, unless otherwise agreed in writing. All repairs may only be carried out by Godik, or by a workshop designated by Godik after Godik’s prior written approval. Service calls are carried out at the Tenant’s expense. Service on non-bridged islands and countries without Godik branches cannot be guaranteed without written agreement. However, legitimate complaints shall be made at Godik’s expense, cf. 10.2.

9.2. Invoiced unconsumed diesel is credited at list price -2 DKK per liter

10. OBLIGATION TO COMPLAIN AND INVESTIGATE
10.1. When equipment is sold, new equipment is delivered in working order and in a sound condition, while used equipment and demo models are delivered as seen.

10.2. The Buyer/Tenant is obliged to examine the product immediately upon receipt and to complain in writing without undue delay after any defect has been discovered, but no later than 24 hours after delivery. If the Buyer/Lessee fails to comply with the stated time limits, the Buyer/Lessee shall forfeit the right to assert the defect, including any remedies for breach of contract. Godik has 24 hours to start rectifying the complaint. The Buyer/Tenant is obliged to check the installations and in particular to mark waste water drains on a map and to check the installation before commissioning.

10.3. Complaints about rented equipment, supplies or services do not entitle the hirer to a reduction in rent, and any right of lien or counterclaim is excluded. In such cases, fill in the checklist from Godik’s website www.godik.dk and send it to Godik.

11. LIABILITY IN CASE OF DEFECTS
11.1. If a product is defective, Godik is obliged and entitled – at its own discretion – to remedy/repair the defect, make a replacement delivery, make a proportionate reduction in the price, or pay compensation. The Buyer/Tenant is not entitled to assert any further remedies against Godik.

11.2. Regardless of the cause of damage, Godik’s liability for damages is maximized to the invoice price of the defective product, and under no circumstances shall the liability for damages include indirect and consequential losses, including, inter alia, operating losses, loss of profit, consequential damage to the Buyer’s/Lessee’s own products, daily penalties or other contractual penalties.

11.3. Godik shall not be liable for defects resulting from the fact that the delivery has not been installed and/or used in full accordance with Godik’s instructions, incorrect or inappropriate use, changes made without Godik’s written consent, wear and tear, or extraordinary climatic influences and the like.

12. DAMAGE, MAINTENANCE AND HANDOVER CONCERNING RENTED EQUIPMENT
(With the exception of theft and fire damage)
12.1. If the rented equipment is damaged during the rental period, the Hirer shall be obliged to pay all costs for the repair of the equipment, including costs for cleaning, sandblasting, restoration and painting. Additional costs for repatriation in connection with the repair of damaged equipment and Godik’s operating losses during the repair period shall be borne by the Lessee.

12.2. If Godik estimates that the cost of repairing the damaged equipment exceeds the replacement value of new equipment, the Lessee shall only compensate for the replacement value of the rented equipment. Lost or damaged equipment shall be replaced by the Hirer at the current daily rate. All repairs and maintenance of the rented property shall be at the expense and risk of the Lessee.

12.3. The rented equipment shall be returned clean and in the same condition as when it was received, unless otherwise agreed in writing. Equipment returned damaged or dirty without prior agreement will be invoiced for a minimum of one week’s extra rental. After the equipment has been received at Godik’s premises, an inspection will be carried out and any damage resulting from overloading, improper handling or the like, as well as circumstances not attributable to Godik, will be paid for by the Lessee.

13. GPS MONITORING (TRACK AND TRACE)
13.1. All deliveries are localized via track and trace, which increases the possibility of finding lost equipment.

14. INFRASTRUCTURE
14.1. In agreements for the provision of IT infrastructure, Godik cannot be held liable for any loss of turnover, network availability, outages or other disruptions of IT equipment. It is the sole responsibility of the Lessee to ensure that power, internet connection, any mobile network for the settlement of network traffic to the internet are present as agreed. Godik reserves the right to monitor network activities on equipment provided by Godik and to collect statistics on traffic generated on the provided network platform. Godik logs internet transmission equipment according to the Logging Order § 1 and is kept for one year. When providing WIFI (wireless network), Godik has no responsibility for the quality of the wireless network.

15. OWNERSHIP IN THE CASE OF RENTAL
15.1. Godik may at any time inspect and, in the event of default, repossess the leased equipment. The hirer shall at all times be obliged to inform Godik of the whereabouts of the hired equipment. The equipment may not be sublet, lent or taken out of Denmark without written permission from Godik.

15.2. The material is the property of Godik and it is therefore a criminal offense to pledge, sell or transfer the material to a third party. Godik points out that the leased equipment may be owned by Sydleasing A/S.

16. BREACH OF CONTRACT BY THE BUYER/TENANT
16.1. If the Buyer/Lessee breaches one or more of the stated obligations, Godik is entitled to terminate the agreement, rent or sell the product to another party at the Buyer’s/Lessee’s expense, and Godik is also entitled to claim damages. Godik can claim compensation for any loss, including indirect losses. Furthermore, Godik is entitled to claim a refund of any discount obtained during the rental period.

16.2. If the agreement is terminated as a result of a breach of contract, the parties agree that Godik’s claim for damages shall be set at a minimum of 75 % of the remaining contractual amount of the agreement, however, the entire remaining contractual amount if the breach occurs later than 30 days before the start of the event period.

16.3. In the event of material breach, Godik is also entitled to collect all equipment rented by Godik from the Lessee in question, regardless of whether this particular equipment is part of the breached agreement. This does not entitle the Hirer to a reduction in the agreed rental price and any discount obtained on the rental agreements is void.

17. RISK AND INSURANCE
17.1. The hirer bears all risks for the rented equipment from the time of delivery/beginning of the rental period.
(With the exception of theft and fire damage)

17.2. Godik will keep the rented equipment insured against fire and theft, cf. however, clause 18.3. The premium for this will be invoiced separately to the Lessee. The tenant has an excess of DKK 27.693,00 per unit.

17.3. Radio equipment, payment terminals, surveillance equipment, alarm and security equipment and equipment sold cannot be insured through Godik.

17.4. Godik has taken out professional liability insurance for its own staff. The Lessee undertakes to take out liability insurance to cover any damage that may be incurred by the Lessee in connection with the use/installation of Godik’s equipment. The lessee should also take out insurance to cover any consequential damage, as Godik bears no responsibility for this, cf. clause 11.

17.5. Godik may require the Lessee to document that the Lessee has the necessary insurance to cover the Lessee’s possible liability for damages for which the Lessee bears the risk.

18. PRODUCT LIABILITY
18.1. Godik is solely liable for damage to persons and property caused by the product supplied by Godik in accordance with the mandatory product liability legislation in force at any given time. In addition, Godik disclaims all product liability, including, inter alia, liability for damage to products for commercial use.

18.2. To the extent that Godik may be held liable to third parties, the Buyer/Customer is obliged to indemnify Godik to the extent that such liability exceeds the limits set out above.

18.3. The Buyer/Lessee is obliged to be sued in the same court that deals with the issue of Godik’s product liability.

19. PRODUCT INFORMATION
19.1. Technical specifications and other dimensions given in Godik’s catalog material are for guidance only and Godik accepts no responsibility for errors in this material. All information and data contained in this material, including price lists, are binding only to the extent expressly agreed between the parties.

20. TERMINATION
20.1. A concluded supply contract for purchase is binding on both parties and cannot be canceled.

21. APPLICABLE LAW AND JURISDICTION
21.1. Any disputes arising in connection with deliveries from Godik shall be settled in accordance with Danish law, with the exception of the Danish rules of private international law.

21.2. Any dispute arising concerning deliveries from Godik or otherwise arising from an agreement entered into with Godik shall be settled by the court in Hjørring with the usual right of appeal to the Western High Court.

22. GENERAL
22.1. In connection with the conclusion of the contract, the Buyer/Tenant has given permission for Godik to send newsletters to customers and business partners.

22.2. Quotations, supply/lease agreements and invoices may not be disclosed or referred to third parties. This would be considered a breach of contract.

22.3. If the Buyer/Lessee is a company, the owners of the company shall be personally liable for any claim Godik may have against the company.

23. CONTRACT APPROVAL
24.1. Godik’s above sales/delivery and rental conditions, dated March 1, 2023, apply to this agreement. Thus, by accepting this agreement, the Buyer/Lessee declares that he/she has carefully read these conditions before accepting the contract.