{"id":81320,"date":"2026-11-10T08:54:45","date_gmt":"2026-11-10T07:54:45","guid":{"rendered":"https:\/\/www.hydrema.com\/?page_id=81320"},"modified":"2026-11-10T08:55:10","modified_gmt":"2026-11-10T07:55:10","slug":"terms-of-sale","status":"publish","type":"page","link":"https:\/\/www.hydrema.com\/en-us\/terms-of-sale\/","title":{"rendered":"Terms of Sale and Delivery"},"content":{"rendered":"\t\t
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Terms of Sale and Delivery<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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General Terms and Conditions of Sale and Delivery<\/strong>
A\/S Hydrema Danmark \u00b7 Company reg. no. (CVR) 13897646 \u00b7 December 2019<\/p>\n

This is a translation of the Danish original. In the event of any discrepancy, the Danish version shall prevail.<\/em> Read the Danish version<\/a><\/p>\n

1. Application<\/h2>\n

1.1<\/strong>  All deliveries from A\/S Hydrema Danmark, company reg. no. (CVR) 13897646 (\u201cHydrema\u201d), are made on the basis of these terms and conditions of sale and delivery, which are binding on all deliveries between the parties and therefore override any agreements and customs that conflict with these terms, including terms drawn up and submitted by the Buyer, unless otherwise stated in the order confirmation issued by Hydrema.<\/p>\n

2. Offers and order confirmation<\/h2>\n

2.1<\/strong>  Offers are made subject to Hydrema\u2019s approval. All offers are made subject to prior sale. If Hydrema makes an offer that does not state a specific deadline for acceptance, the offer lapses unless acceptance has reached Hydrema no later than 14 days from the date of the offer, unless otherwise agreed.<\/p>\n

2.2<\/strong>  Hydrema is bound by statements made by Hydrema, however described, no earlier than when Hydrema has dispatched its order confirmation. Until the order confirmation has come to the Buyer\u2019s knowledge, Hydrema is entitled to withdraw the statements it has submitted.<\/p>\n

2.3<\/strong>  The Buyer is bound by its offer once Hydrema\u2019s signed order confirmation has reached the Buyer. If the Buyer has any objections to the order confirmation, the Buyer must raise them in writing no later than 7 days after receipt of the order confirmation.<\/p>\n

3. Price<\/h2>\n

3.1<\/strong>  The purchase price covers the equipment listed in the order confirmation. The Buyer pays separately for any equipment, accessories, conversion, etc. of the item sold, or any other specification, not stated in the order confirmation.<\/p>\n

3.2<\/strong>  All prices, including prices in Hydrema\u2019s price lists, are current prices exclusive of VAT, other public charges and shipping packaging. Hydrema reserves the right to change price lists and catalogue material at 30 days\u2019 notice.<\/p>\n

3.3<\/strong>  All prices for goods of Hydrema\u2019s own manufacture are based on wages and prices of raw materials, semi-finished goods and operating costs on the date of the offer. For goods of third-party manufacture, prices are also based on the exchange rate and the customs duties, freight and insurance rates, etc. applicable on the date of the offer.<\/p>\n

3.4<\/strong>  If any of the above factors change, including the circumstances referred to in section 11, Hydrema reserves the right to adjust the sales price correspondingly for price increases occurring before delivery of the goods or, without liability for Hydrema, to cancel orders accepted by Hydrema if the said factors or circumstances cannot be remedied by Hydrema, or only at disproportionate sacrifice.<\/p>\n

3.5<\/strong>  The price does not include work arising because material supplied by the Buyer is defective, overtime arising because work must be carried out faster than usual, storage of finished work, etc.<\/p>\n

4. Terms of delivery<\/h2>\n

4.1<\/strong>  Delivery takes place at Hydrema\u2019s place of business. Delivery is made in accordance with Incoterms 2010 (Ex Works), regardless of whether Hydrema brings the goods sold to the Buyer using its own staff, a third party or under a separate agreement with the Buyer.<\/p>\n

4.2<\/strong>  In the event of delayed delivery, Hydrema is obliged to inform the Buyer accordingly.<\/p>\n

4.3<\/strong>  Hydrema is not liable for any loss arising from delayed delivery.<\/p>\n

4.4<\/strong>  Unless expressly agreed otherwise, a postponement of the delivery time by 4 weeks due to circumstances on Hydrema\u2019s side shall in all respects be considered timely delivery, so that the Buyer cannot exercise any remedies against Hydrema on that account.<\/p>\n

4.5<\/strong>  Where a delivery depends on information to be provided by the Buyer, the delivery time is calculated from the date on which Hydrema receives such information.<\/p>\n

5. Shipping and insurance<\/h2>\n

5.1<\/strong>  All shipments are made at the Buyer\u2019s expense and risk.<\/p>\n

5.2<\/strong>  The Buyer undertakes to keep the goods sold insured against liability and fire for at least the purchase price from the time the goods are delivered until the purchase price has been paid.<\/p>\n

6. Terms of payment<\/h2>\n

6.1<\/strong>  Payment shall be made in cash in accordance with the order confirmation on delivery of the goods sold.<\/p>\n

6.2<\/strong>  Hydrema is at all times entitled to demand adequate security for timely payment of the purchase price.<\/p>\n

6.3<\/strong>  If delivery is postponed due to circumstances on the Buyer\u2019s side, the Buyer is obliged to make all payments to Hydrema as if delivery had taken place at the agreed time.<\/p>\n

6.4<\/strong>  In the event of late payment, interest of 2% is charged per commenced month, compounded monthly, from the due date until payment is made.<\/p>\n

6.5<\/strong>  In addition, Hydrema charges a reminder fee of DKK 250 per reminder and an administration fee of DKK 1,000 per reminder.<\/p>\n

6.6<\/strong>  The Buyer\u2019s payments are first applied to accrued interest and costs and only thereafter to the principal.<\/p>\n

6.7<\/strong>  The equipment is sold subject to retention of title, under which Hydrema is entitled to take back the equipment sold if the Buyer fails to meet its payment obligations in whole or in part.<\/p>\n

7. Buyer\u2019s payment with used equipment<\/h2>\n

7.1<\/strong>  Subject to a specific written agreement, Hydrema may accept the Buyer\u2019s used equipment in full or partial exchange for the goods sold. This is conditional upon the Buyer\u2019s equipment being free and unencumbered.<\/p>\n

7.2<\/strong>  The Buyer is liable for any proven faults and defects in the used equipment and for any encumbrances on the used equipment.<\/p>\n

7.3<\/strong>  If equipment covered by the provisions of section 7 has material faults or defects in Hydrema\u2019s judgement, Hydrema is entitled \u2013 at its own discretion \u2013 to demand a proportionate price reduction, compensation or adjustment of the purchase price.<\/p>\n

8. Retention of title<\/h2>\n

8.1<\/strong>  Subject to the limitations of mandatory law, Hydrema retains title to the goods sold until the full purchase price plus accrued interest and costs has been paid to Hydrema or to the party to whom Hydrema has assigned its rights.<\/p>\n

8.2<\/strong>  If the goods sold are converted or processed, the retention of title is maintained so that it covers the converted or processed item to the extent corresponding to the value the goods sold represented at the time of sale. Fitted tyres are covered by the retention of title.<\/p>\n

8.3<\/strong>  The Buyer is not entitled to sell, pledge, lease or otherwise dispose of the goods sold until the full purchase price, including interest and costs, has been paid to Hydrema.<\/p>\n

8.4<\/strong>  For as long as the retention of title applies, the following also applies:<\/p>\n

8.4.1<\/strong>  The Buyer is obliged to handle the goods sold with due care and to keep the goods sold in good and proper condition. Hydrema is at all times entitled to inspect the goods sold in order to establish whether the Buyer complies with the terms of clause 8.4.1.<\/p>\n

8.4.2<\/strong>  If the Buyer changes address, the Buyer must notify Hydrema in writing immediately.<\/p>\n

8.4.3<\/strong>  From delivery until title finally passes, the Buyer is obliged to keep the goods sold, including all accessories, insured against damage caused by fire, water, theft, vandalism, damage or loss, including during transport etc., for an amount that at all times covers the market value, but no less than Hydrema\u2019s outstanding claim at any given time.<\/p>\n

8.4.4<\/strong>  At Hydrema\u2019s request, the Buyer is obliged to sign the customary notice (loss payee declaration) to the insurance company concerning Hydrema\u2019s retention of title and to pay the fee charged for this.<\/p>\n

8.4.5<\/strong>  The Buyer is obliged to keep the goods sold identifiable.<\/p>\n

9. Claims for defects<\/h2>\n

9.1<\/strong>  The right to claim covers only equipment that demonstrably has material faults or defects resulting from faulty workmanship or the use of poor materials supplied by Hydrema.<\/p>\n

9.2<\/strong>  The right to claim applies only if the equipment has been properly stored and has been used by the Buyer correctly and for its normal purpose in accordance with Hydrema\u2019s instructions and specifications.<\/p>\n

9.3<\/strong>  Hydrema is not liable for defects and faults caused by inadequate maintenance, incorrect installation by the Buyer, modifications made without Hydrema\u2019s written consent, or repairs carried out improperly by the Buyer, including the use of non-original spare parts.<\/p>\n

9.4<\/strong>  If the equipment or components include products not manufactured by Hydrema, including electrical systems, tyres and hoses, Hydrema shall be liable only to the extent that its supplier has assumed a warranty, notwithstanding the provisions of section 9.<\/p>\n

9.5<\/strong>  If the equipment has material faults or defects, Hydrema is obliged and entitled \u2013 at its own discretion \u2013 to remedy the defect, make a replacement delivery, grant a proportionate price reduction or pay compensation.<\/p>\n

9.6<\/strong>  The Buyer is not entitled to assert any further remedies. Transport, insurance, travel, installation and other costs in connection with remedying defects or replacement delivery are paid by the Buyer. Hydrema\u2019s liability is limited to the invoice price of the defective equipment, and Hydrema can under no circumstances be held liable for indirect loss, such as loss of use and operating loss.<\/p>\n

9.7<\/strong>  Hydrema provides no warranty on used equipment and wear parts unless otherwise agreed.<\/p>\n

9.8<\/strong>  Hydrema is not liable for faults and defects caused by materials or semi-finished goods supplied by the Buyer, or materials specified by the Buyer, being unsuitable for the purpose.<\/p>\n

9.9<\/strong>  The claims period ends 12 months after the date of delivery or after 2,000 operating hours, whichever comes first.<\/p>\n

10. Duty to inspect and notify defects<\/h2>\n

10.1<\/strong>  On receipt of the goods sold, the Buyer must sign a delivery acceptance form from Hydrema.<\/p>\n

10.2<\/strong>  The Buyer is obliged to inspect the goods sold immediately. Any defects must, to the extent possible, be recorded on the delivery acceptance form.<\/p>\n

10.3<\/strong>  Claims for defects not recorded on the delivery acceptance form must be sent to Hydrema by email no later than 5 days after receipt of the goods sold.<\/p>\n

10.4<\/strong>  If the Buyer fails to meet this deadline, the Buyer loses the right to invoke the defect.<\/p>\n

11. Force majeure<\/h2>\n

11.1<\/strong>  Hydrema is not liable to pay damages for failure to fulfil its obligations if Hydrema can demonstrate that this is due to an impediment beyond Hydrema\u2019s control (force majeure).<\/p>\n

12. Product liability\/Insurance<\/h2>\n

12.1<\/strong>  Hydrema is only liable for injury to persons or damage to property caused by equipment if it is proven that the injury or damage is due to an error or negligence on Hydrema\u2019s part in respect of the equipment supplied by Hydrema, and it is proven that the equipment is defective, that the injury or damage is caused by this defect, and that there is a causal link between the injury or damage and the defect.<\/p>\n

12.2<\/strong>  Furthermore, Hydrema is not liable for damage to real property or movable property occurring while the equipment is in the Buyer\u2019s possession, or for damage to products manufactured by the Buyer in which the goods sold are incorporated, nor is Hydrema liable for operating loss, loss of time, loss of profit, loss of earnings or any other indirect loss.<\/p>\n

12.3<\/strong>  If Hydrema incurs liability beyond the liability set out above, the Buyer is obliged to indemnify Hydrema accordingly. The Buyer is obliged to take out product liability insurance covering any product liability that may be asserted against the Buyer and\/or Hydrema.<\/p>\n

12.4<\/strong>  Hydrema is entitled to join the Buyer as a party before the same court or arbitral tribunal that hears the question of Hydrema\u2019s product liability.<\/p>\n

13. Product information<\/h2>\n

13.1<\/strong>  Technical specifications and other dimensions stated in catalogue material are for guidance only. Hydrema accepts no liability for errors in such material, and no warranty is given in connection with it. All information and data contained in such material, including price lists, are binding only to the extent expressly agreed between the Parties.<\/p>\n

14. Protection of rights<\/h2>\n

14.1<\/strong>  The Buyer acquires no rights to Hydrema\u2019s intellectual property rights.<\/p>\n

14.2<\/strong>  Nor is the Buyer entitled to misuse the equipment, or information about it, in a way that infringes Hydrema\u2019s rights.<\/p>\n

15. Drawings and descriptions<\/h2>\n

15.1<\/strong>  All drawings, documentation and descriptions of the equipment, whether produced by Hydrema or others, that are handed over to the Buyer in connection with an offer, delivery or otherwise remain the property of Hydrema. Without Hydrema\u2019s prior written consent, the Buyer may not use the material for any purpose other than installation, operation and maintenance of the equipment, and may not copy it or pass it on to third parties.<\/p>\n

15.2<\/strong>  If no agreement on delivery of the equipment is concluded, the material must be returned to Hydrema.<\/p>\n

16. Governing law and jurisdiction<\/h2>\n

16.1<\/strong>  Any disputes arising in connection with deliveries from Hydrema shall be settled in accordance with Danish law, excluding Danish rules of private international law on choice of law.<\/p>\n

16.2<\/strong>  All disputes arising in connection with deliveries from Hydrema shall be finally settled by the ordinary courts at Hydrema\u2019s registered office, i.e. the District Court of Aalborg (Retten i Aalborg) or the Western High Court (Vestre Landsret), as applicable.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Terms of Sale and Delivery General Terms and Conditions of Sale and DeliveryA\/S Hydrema Danmark \u00b7 Company reg. no. (CVR) 13897646 \u00b7 December 2019 This is a translation of the Danish original. In the event of any discrepancy, the Danish version shall prevail. Read the Danish version 1. Application 1.1  All deliveries from A\/S Hydrema Danmark, […]<\/p>\n","protected":false},"author":5,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-81320","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/pages\/81320","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/comments?post=81320"}],"version-history":[{"count":5,"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/pages\/81320\/revisions"}],"predecessor-version":[{"id":81356,"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/pages\/81320\/revisions\/81356"}],"wp:attachment":[{"href":"https:\/\/www.hydrema.com\/en-us\/wp-json\/wp\/v2\/media?parent=81320"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}