General Terms for Ordered Work.
The terms are valid between CemeCon Scandinavia A/S (CC Scan) and a customer (requisitioner) for all tasks done by CC.
Opposite or different terms within the order or acceptance given by the requisitioner are not valid unless these terms have been accepted by CC Scan in writing.
1. Contents of the Task
- The type of task, content, and economic terms are stated in a written agreement. Changes to the agreement shall be made in writing.
- Schedule, price estimate etc. are given as a rough estimate unless something else has been agreed in writing. In case CC Scan can foresee considerably changes to price or schedule according to the agreement or that considerably obstacles to the task will occur the requisitioner is informed and consequently this is entitled to change or stop the work, cf. paragraph 5.1.
- CC Scan is entitled to receive payment for the performed work independent whether the expected results of the requisitioner are achieved or not, unless this has been agreed between the parties in writing that CC Scan’s payment is depended on the fact that concrete and specified results are achieved.
- CC Scan is entitled to let a third party do the job.
2. Professional Secrecy
- CC Scan shows confidentiality with regard to comments on the task solutions and the agreed tasks. In case the requisitioner wish actual concealment e.g. know-how of the requisitioner which CC Scan has become familiar with during a task solution, a special written agreement must be made on this.
3. Rights regarding the Results of the Task
- Know-how and other non-material rights which CC Scan develops or observes in connection with a task solution belongs to CC Scan unless something else is agreed in writing. By the requisitioner such rights can be used for his own use according to a written agreement between the parties or the clearly presumed extent.
4. Fee and Terms of Payment
- Ordered tasks are usually done at fixed prices according to a quotation.
- In case of exceed of the payment time CC Scan will charge an interest of 1½% per month commenced for the outstanding amount.
5. Change and Cancel Rights
- If the requisitioner instruct the work to be stopped or postponed, cf. paragraph 1.2. the work which is already done must be paid according to the invoice, just like the requisitioner must refund CC Scan the costs regarding the cancelled or postponed work which CC Scan no matter the cancellation or postponement already has accepted to pay such as cost to a third party.
- Changes to the description or the extent of the task can moreover only be done by a written acceptance from CC Scan.
6. Adjustment of Liability