Terms and Conditions

1. Introduction
The provisions of these sales and delivery terms and conditions apply unless deviated from by written agreement.

To the extent that the agreement or these terms and conditions do not provide otherwise, the AB92 provisions shall apply.

2. Design
2.1. Carl C. A/S designs and manufactures the steel masts and other items based on the information regarding location, application, loads, etc. received from the buyer.

2.2. If the provided conditions for the design prove to be incorrect, Carl C A/S shall not be liable for them.

3. Delivery Time
3.1. The indication of the delivery time is an expression of our best estimate of when the products will be delivered.

3.2. There is no legally binding delivery time unless agreed upon as a deviation from these terms and conditions.

3.3. If a binding delivery time is agreed upon, Carl C A/S is entitled to an extension of time according to the provisions thereof in AB92 § 24, and thus, there is only a liability for delay if the delivery time is exceeded without Carl C A/S being entitled to an extension of time.

4. Payment
4.1. Various payment cards can be used as a means of payment on this website, and you can see which cards in the footer of the webshop. The amount is reserved upon ordering the goods and is only debited when the goods are dispatched from Carl C A/S. All data related to a purchase with a payment card is strictly confidential and cannot be accessed by Carl C A/S.

4.2. If invoice payment is chosen, you will receive an invoice from our accounting system with a payment term of 30 days net from the invoice date. In case of delayed invoice payment, interest at 1% per commenced month shall be paid.

5. Security
5.1. Any order is subject to Carl C A/S being able to obtain credit insurance for the order sum on usual terms. Alternatively, the customer is requested to provide a bank guarantee or advance payment.

6. Retention of Title
6.1. The products are sold with ownership, and Carl C A/S therefore retains full ownership of the products until the order sum is paid.

7. Defects
7.1. After delivery, the customer examines the products for visible defects and immediately notifies Carl A/S of any present defects.

7.2. If defects are discovered after the products are installed, the customer shall immediately notify Carl C A/S thereof.

7.3. Regardless of whether defects are detected before or after installation, Carl C A/S has a duty to remedy and therefore ensures that the defects are inspected and rectified as soon as possible.

7.4. If a defect is discovered after installation, which the customer should have noticed during the inspection of the products mentioned in point 7.1. before installation, the customer shall bear the additional costs of rectification after installation.

7.5. Carl C A/S is liable for loss resulting from defects in the products if the defects result from error or negligence on the part of Carl C A/S. However, Carl C A/S is liable for operational loss, loss of profit, and other indirect loss.

8. Product Liability
8.1. Carl C A/S has taken out commercial and product liability insurance on usual terms. In connection with the negotiations for the conclusion of the agreement, the parties have had the opportunity to familiarize themselves with the insurance terms.

8.2. The product liability is limited to losses covered by the insurance mentioned in point 8.1. with regard to both the customer and third parties. Therefore, Carl C A/S cannot be held liable for any loss resulting from product liability not covered by the insurance—except for the deductible.

8.3. It is expressly stated that Carl C A/S is also not liable for operational loss, loss of profit, and other indirect loss even in the event of product liability.

8.4. To the extent Carl C A/S is held liable for product liability to third parties for loss not covered by Carl C A/S according to points 8.2. and 8.3., the customer shall indemnify Carl C A/S.

8.5. The liability limitations stated in points 8.2. - 8.4. do not apply if Carl C A/S has been guilty of gross negligence.

8.6. If a third party makes claims against one of the parties regarding product liability, that party shall immediately notify the other party thereof.

8.7. The parties are mutually obligated to allow themselves to be sued by the court or, as the case may be, an arbitration tribunal that considers claims for compensation brought against either of them based on damage or loss alleged to have been caused by the products supplied, and the said court or arbitration tribunal shall also determine the mutual relationship of the parties.

9. Installation
9.1. If Carl C A/S is to carry out the installation of the products according to the order, the provisions thereof shall apply.

9.2. The above regarding delivery time, defects, product liability, etc. shall also apply to the installation work.

9.3. The construction site and access road to the construction site must be cleared, level, and sustainable so that a 45-ton, 20-meter-long truck with a crane can drive up to the construction site and carry out the installation work unhindered. If the products consist of several parts that must be assembled on the construction site before installation, space must also be provided for this purpose.

9.4. The customer is fully responsible for ensuring that the foundation and casting parts are executed according to the drawings and otherwise carried out professionally.

9.5. If any of the conditions described in points 9.3 & 9.4. are not met, the customer shall bear the additional costs resulting therefrom, including waiting costs, etc.

10. Jurisdiction
10.1. Any dispute arising out of the agreement shall be brought before the Court in Herning in the first instance.