1. General
The following terms and conditions of sale and delivery apply to the extent that they have not been deviated from by written agreement between the parties and apply to all offers, order confirmations, sales and deliveries made by Gamle Mursten.
2. Offers, order confirmation and order accept
An order is only binding when the buyer has received written order confirmation from Gamle Mursten, or the ordered goods.
If the buyer is of the opinion that the information in a received order confirmation, or the terms of these sales and delivery terms, are in conflict with the agreement entered into, the buyer must immediately object to this in writing.
The sales and delivery terms take precedence over any provisions in the buyer’s order/acceptance, including the buyer’s general terms and conditions.
3. Drawings and descriptions
All information about weight, dimensions, technical data and prices stated in catalogues, offers, images, websites, price lists are approximate and do not constitute any form of guarantee or assurance.
4. Prices and payment
Prices are stated in Gamle Mursten’s current price list or in the order confirmation sent.
Deliveries are made from Gamle Mursten’s warehouse or ex works, unless otherwise agreed in writing. Upon delivery, the risk of damage passes to the buyer.
All prices are quoted excluding freight, packaging, VAT, duties and any other surcharge.
Gamle Mursten is entitled to make price changes to price lists and offers without notice, unless otherwise agreed in writing. All offers sent are valid for 30 days, or as long as stocks last.
5. Payment
Payment must be made within the date stated on the invoice.
Unless otherwise agreed, the payment terms are: cash and before the order is shipped.
For confirmed orders over DKK 100,000 ex. VAT, Gamle Mursten ApS reserves the right to issue an invoice once a month for the produced part of the order.
When payment of the the invoice has been received, the produced goods are identified as the customer’s property.
If the buyer does not make payment on time, Gamle Mursten ApS is entitled to claim interest on the amount due at 2% of the balance at any time.
Failure to pay after the due date may result in surrender to legal debt collection without further notice and Gamle Mursten may charge debt collection costs in addition to the amount due.
In the event of failure to pay, Gamle Mursten ApS retains ownership of the goods sold until full and final payment, including any interest, etc., has been made.
Pallets will be returned and refunded 50% of the invoiced price. Only pallets in good/complete condition will be refunded.
6. Delivery
The buyer must immediately upon delivery or receipt – and always before the goods are put into use – examine the delivered goods to ensure that these correspond to what was ordered, are free from defects, including that color and shade differences are within the acceptable range.
Complaints about defects, including quantity deviations, which the buyer has or should have noticed during the above inspection, must be submitted to Gamle Mursten immediately and absolutely no later than 8 days after the goods are delivered to the buyer in order to be taken into account.
7. Duty to investigate and right to complain
The buyer must immediately upon delivery or receipt – and always before the goods are put into use – examine the delivered goods to ensure that these correspond to what was ordered, are free from defects, including that color and shade differences are within the acceptable range.
Complaints about defects, including quantity deviations, which the buyer has or should have noticed during the above inspection, must be submitted to Gamle Mursten immediately and absolutely no later than 8 days after the goods are delivered to the buyer in order to be taken into account.
8. The product
Deliveries from Gamle Mursten ApS are characterized by the following:
Machine-cleaned stones:
Have rounded edges, there may be paint or lime residue on the facade side, there may be missing corners and impact damage, the size of the stones may vary, the colors may vary, therefore it is a good idea to use stones from several pallets simultaneously.
Both solid and cellular stones occur on the same pallet, there may be soot stones that can only be seen with later surface treatment, patinated bricks may have set marks on the patinated side.
Machine-cleaned bricks are not recommended for brickwork below 200 mm from the ground.
Hand-cleaned stones:
The colors may vary, therefore it is a good idea to use stones from several pallets simultaneously, there may be both solid and cellular stones on the same pallet, there may be some impact damage, so some wastage must be expected
9. Cancellation and modification of orders
The submitted order can be changed up to 12 hours after receipt of order confirmation.
If Gamle Mursten separately approves a change or cancellation, the buyer is obliged to pay the costs associated with the cancellation or change.
Gamle Mursten ApS and affiliated companies reserve the right to cancel a submitted and accepted order if it is not possible to procure raw materials for production for external reasons. This includes force majeure, changed legislation, etc.
10. Returns
Goods purchased from Gamle Mursten are not returnable.
Empty wooden pallets can be returned at the customer’s own expense. When returning pallets, 50% of the purchase price will be refunded, provided the pallet is intact.
11. Limitation of liability
Gamle Mursten’s liability cannot – regardless of any proven negligence – include daily fines, operating losses, loss of profit, loss of time or other indirect loss, whether the liability is based on general compensation rules or on another basis.
In the event of liability for defects, Gamle Mursten may be charged a maximum amount equal to the invoice amount for the delivery.
12. Disputes
Any disputes between the parties will be settled by the Arbitration Court for Construction Companies, whose decision is final.
13. Date of issue
These general terms and conditions of sale and delivery come into force on 1 January 2025 and apply to orders received from that date onwards.