Common use of Complaints and liability Clause in Contracts

Complaints and liability. The buyer shall be obliged to examine the delivery immediately on receipt of the articles and to make any complaints towards the Seller in writing no later than eight days after receipt. It is a condition for liability under the warranty that the article has been stored correctly and in a dry place, has been handled professionally and correctly and has been mounted and maintained according to the seller's instructions and in accordance with general maintenance instructions. It is particularly important that floors have been constantly stored or mounted in buildings with a relative air humidity of between 35 and 65 per cent, and that it can be documented that remaining construction humidity has been eliminated before the floors were mounted. The buyer shall ensure that the materials are examined for defects or shortages prior to initiation of the mounting, as complaints about visible defects and shortages shall not be accepted when mounting has been initiated. A product which has been mounted is a product which has been approved. A claim for damages against the Seller may not exceed the invoice amount excl. VAT, freight, customs, and other taxes for the product sold, and is otherwise limited to a maximum of DKK 2 million. The seller is not liable for operating losses, lost profits, including any direct or indirect losses that arise as a result of delay or defects in the goods or conditions due to force majeure. The Seller does not guarantee the accuracy of technical information, specifications, product information, brochures, instructions, etc. on the characteristics, use and other technical data of the product, which are to be considered as indicative only. The seller does not assume any advisory services / advisory responsibility towards the buyer, unless otherwise clearly agreed between the parties. The Seller is only liable for personal injury as well as property damage if it can be proven that the damage is due to gross negligence committed by Seller or others for whom ▇▇▇▇▇▇ is responsible. The seller is not responsible for damage to real estate or movables that occurs while the goods are in the buyer's possession. Seller is also not liable for damage to products manufactured by Buyer or to products in which these are included. The seller's liability for property damage cannot exceed DKK 500,000. The seller is not liable for operating losses, lost profits, including any direct or indirect losses that arise as a result of delay or defects in the goods or conditions due to force majeure. If a claim is made by a third party against the Seller in connection with a liability-incurring act committed by the buyer, the buyer is in general obliged to indemnify the Seller for any costs in connection with this. In the event of product liability, the Buyer is obliged to indemnify the Seller for the liability that the Seller may be imposed to the extent that the liability exceeds the limits set out in the above, and the Buyer is obliged to sue the same court which hears claims for damages against the Seller.