Terms and conditions

These terms of sale and delivery apply unless otherwise agreed in writing. The buyer's purchasing terms are not applicable unless accepted in writing by FSI Stump Cutters UK Limited (hereafter referred to as FSI).

An agreement is considered entered into only after the seller sends an order confirmation to the buyer.

Product, spare part, and service prices follow FSI's current price list at the time of order confirmation, unless otherwise agreed in writing. All prices exclude VAT, transport packaging, and other public charges.

Prices are subject to change due to sub-contractor price increases, public charge adjustments, customs rates, currency exchange rates, raw material prices, and freight costs. FSI reserves the right to adjust its price lists at any time.

Offers are valid for 30 days from the date given and are not binding until FSI accepts the buyer's order in an order confirmation. Offers are subject to prior sales and may be withdrawn if sub-contractor prices or offers change.

Delivery terms are based on Incoterms (2020) unless otherwise agreed in writing. Delivery is DAP (destination), Incoterms (2020).

FSI may choose the means of transport and routes unless otherwise agreed. Shipping and insurance costs are the customer's responsibility, regardless of Incoterms, unless FSI agrees to cover them in a separate written agreement.

FSI is not liable for delays unless due to gross negligence by FSI or its representatives. Dispatch within five days before or after the stated time is considered timely unless otherwise agreed in writing.

Payment terms are as stated in the order/invoice or net cash. Payments should be made directly to FSI or to a specified bank account. Transfer costs are the buyer's responsibility.

If payment is late, FSI may charge 2% interest per calendar month on the outstanding amount. Regular payment reminders will include a charge as per current legislation. FSI may withhold goods for other agreements until payment is made. If payment is over 30 days late, FSI may cancel all agreements.

The customer cannot set off or withhold payment due to delays, complaints, or counterclaims.

FSI may require security or advance payment before accepting an order and may request payment on account. FSI may also obtain credit information about the buyer and refuse delivery if the credit assessment is unsatisfactory. If an order is partially delivered and the credit assessment is unsatisfactory, FSI may reclaim the delivered products or services.

Goods (including all accessories, documentation etc.) remain FSI's property until full payment, including interest and charges, is received to the extent that such retention of property is permitted by the applicable law. The buyer cannot move, pledge, lend, or dispose of the goods without FSI's consent.

The buyer must insure the purchased item until ownership transfers to the buyer.

The buyer must inspect the delivery immediately upon receipt. Complaints about defects must be notified to FSI within eight days of delivery. Visible damage must be reported by the next day. In the case of incorrectly delivered goods, the complaint must be made within eight days of delivery. Complaints must be submitted in writing using the 'Delivery Claim Form' at www.fsi.dk

If a replacement order is needed while a complaint is pending, the customer will be invoiced for it plus additional freight.

If a defect claimed by the buyer does not exist, FSI is entitled to a refund of expenses and compensation for any loss incurred due to the complaint.

FSI is not liable for defects resulting from incorrect handling, transport, storage, or negligence by others. FSI's liability only covers defects appearing during normal and appropriate storage and use.

FSI offers a 12-month limited warranty, which includes remedial action in the event of design, material or manufacturing defects. The warranty does not cover errors and defects from failure to follow maintenance instructions, incorrect assembly or dismantling, changes made by the buyer, or incorrect use. Using non-original parts for repairs or maintenance will void the warranty.

The warranty does not cover surface treatment, normal wear and tear, or replacement of wearing parts. FSI's obligations under the warranty presuppose that the buyer can substantiate that a detected error or defect is not due to conditions not covered by the warranty.

A twelve-month warranty is given on spare parts. No warranty is given for wearing parts. Wearing parts are to be understood as including, but not limited to tyres, belts, clutches, bearings, batteries, teeth and holders, and any parts exposed to normal wear and tear.

FSI will remedy defects caused by design, materials or production faults. FSI will decide whether to replace or place defective parts. The buyer must deliver the item to a specified workshop for repairs or send defective parts to FSI for replacement at no cost to FSI. FSI shall be entitled to make a repeat delivery of defective products. FSI shall not cover the costs of wages, accommodation and transport when carrying out warranty work unless FSI has accepted this in writing.

The buyer must notify FSI in writing of any defect within eight days of the date on which the error or defect was or should have been detected. Failure to notify within this period forfeits the right to claim. Apart from this, FSI shall not accept any liability for such defects or deficiencies. The same shall apply to any loss caused by the defect or deficiency, including indirect losses, operating losses, loss of time, loss of profit, loss of data, loss of good image and/or loss of goodwill.

Complaints must include an original invoice showing the sales date, machine serial number, model, customer name and address, and dealer details. FSI may request proof of compliance with service requirements and use of original parts.

If FSI does not receive a written complaint within the stipulated deadline, the buyer's right to complain lapses.

FSI shall only be liable for the provisions of the Danish Product Liability Act which cannot be derogated from by agreement. FSI thus excludes product liability on all other grounds. In terms of money, product liability shall not exceed the insurance sum of FSI's product liability insurance (DKK 10,000,000).

Furthermore, FSI shall not be liable for damage to property or chattels which may occur while the goods are in the buyer's possession. Neither shall FSI be liable for damage to products manufactured by the buyer, or which include products manufactured by the buyer.

Under no circumstances shall FSI be liable for operating losses, loss of profit, agreed penalties, loss of time, loss of earnings, loss of data, loss of good image, loss of goodwill, or other indirect losses.

To the extent that third parties claim product liability from FSI, the buyer shall be obliged to indemnify FSI to the same extent to which FSI's liability is limited in accordance with this clause. It shall be the buyer's responsibility to take out adequate product liability insurance, and at the request of FSI to document that appropriate product liability insurance has been taken out.

The liability limitations do not apply if FSI is guilty of gross negligence.

The buyer must notify FSI in writing, without delay, if product liability damage occurs or is at risk.

FSI and the buyer must allow third parties to institute legal proceedings against them, in court or before an arbitration tribunal which hears claims for compensation, if claims are raised against either of them arising from injury, damage or loss stated to have been caused by the machinery. However, mutual relations between the buyer and FSI shall always be settled per these terms.

The following circumstances shall be considered as grounds for relief if they impede the performance of the contract or makes performance unreasonably onerous: industrial disputes and other circumstance beyond the control of the parties such as fire, war, mobilization or military call up of a comparable scope, requisition, seizure, currency restrictions, insurrection and civil commotion, natural disasters, epidemics, embargo on import or export, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstances as referred to in the Clause. The above-described circumstances shall constitute grounds for relief if their effect on the performance of the contract could not be foreseen at the time of formation of the contract.

The party wishing to claim relief shall notify the other party in writing without delay on the intervention and on the cessation of such circumstance. If grounds for relief prevent the Buyer from fulfilling his obligations, he shall compensate the Seller for expenses incurred in securing and protecting the goods.

Notwithstanding other provisions of these Terms, either party shall be entitled to terminate the contract by notice in writing to the other party if performance of the contract is delayed more than six months by reason of any grounds for relief as described in Clause 9.1.

Disputes between the parties are settled according to the law of the Seller's country.

If a dispute cannot be settled amicably, the dispute shall be settled by the Danish Institute of Arbitration (Copenhagen Arbitration). However, FSI may choose to bring the case before the District Court in Horsens, Denmark.