NH Handling A/S
1. Application
1.1 These terms of sale and delivery apply to all quotations, sales and deliveries from NH Handling A/S, hereinafter referred to as NH, unless otherwise expressly agreed in writing.
1.2 The terms apply only to agreements in which the buyer acts in the course of its trade or business. The terms therefore do not apply directly to consumer sales.
1.3 The buyer’s own purchasing, delivery or other terms of business do not apply unless NH has expressly accepted them in writing.
1.4 The terms of sale and delivery in force at any given time apply to new orders placed after the buyer has been made aware of the terms. Amendments have no effect on agreements already concluded unless separately agreed.
1.5 Unless otherwise agreed in writing, no intellectual property rights are transferred to the buyer. Drawings, technical specifications, manual material and other material belonging to NH may not be copied, disclosed or used for the manufacture or imitation of the products without NH’s written consent.
2. Quotations, orders and basis of agreement
2.1 Quotations from NH are valid for 30 days from the date of the quotation unless otherwise stated in the quotation.
2.2 The buyer’s order is not binding on NH until NH has issued a written order confirmation.
2.3 The order confirmation, together with these terms of sale and delivery, constitutes the basis of the agreement.
2.4 Information in catalogues, brochures, price lists, on websites and in other marketing material is indicative unless expressly made part of the specific agreement.
2.5 NH reserves the right to make minor technical and design changes that do not materially affect the function or usability of the product.
3. Prices
3.1 All prices are exclusive of VAT, freight, customs duties and other public charges unless otherwise agreed.
3.2 Prices are stated in Danish kroner as a general rule.
3.3 NH is entitled, prior to delivery, to adjust the agreed price as a result of documented changes in exchange rates, public charges, customs duties, freight costs, raw material prices or supplier prices that are outside NH’s reasonable control.
3.4 If the price increase is material and is not attributable to circumstances on the buyer’s side, the buyer will be informed as soon as possible.
3.5 If the delivery is changed at the buyer’s request, or if NH’s costs increase as a result of circumstances on the buyer’s side, NH is entitled to adjust the price accordingly.
4. Delivery and risk
4.1 Unless otherwise agreed in writing, delivery takes place EXW NH’s place of business, Incoterms® 2020.
4.2 Shipment arranged by NH on behalf of the buyer is at the buyer’s cost and risk unless otherwise agreed.
4.3 The stated delivery time is indicative unless it has been expressly agreed in writing that a specific delivery time is binding.
4.4 Delivery within 30 days of the delivery date anticipated in the order confirmation is not regarded as material delay.
4.5 In the event of a delay exceeding 30 days, the buyer may set a reasonable additional period for delivery in writing. If delivery has not taken place before the expiry of that period, the buyer may cancel the affected part of the agreement.
4.6 The buyer cannot claim compensation for operating losses, loss of profit, loss of time, penalties, lost production or other indirect losses resulting from delay.
4.7 NH is entitled to make partial deliveries.
5. Force majeure and impediments to delivery
5.1 NH is not liable for non-performance or delayed performance caused by circumstances outside NH’s reasonable control. This includes, among other things, war, terrorism, fire, natural disasters, epidemic, pandemic, strike, lockout, intervention by public authorities, import or export restrictions, shortage of raw materials, energy shortages, transport problems, port closures, cyber attacks as well as missing or delayed deliveries from subcontractors, where such circumstances could not reasonably have been avoided.
5.2 The delivery time is extended by the period during which the impediment lasts, plus a reasonable period for normalisation.
5.3 If the impediment is expected to last more than 12 weeks, both NH and the buyer may cancel the affected part of the agreement without liability for damages.
6. Payment and retention of title
6.1 Payment is due net cash unless otherwise agreed in writing.
6.2 In the event of late payment, default interest is charged at 1.5% per commenced month from the due date.
6.3 NH may in addition claim reminder fees, debt collection costs and other recovery costs in accordance with applicable rules.
6.4 To the extent permitted by applicable law, NH retains title to the delivered goods until the purchase price, including interest and costs, has been paid in full.
6.5 A complaint regarding one delivery does not entitle the buyer to withhold payment relating to undisputed claims or other deliveries.
6.6 The buyer may only set off claims that NH has acknowledged in writing or that have been finally established by judgment or settlement.
7. Defects and notification of defects
7.1 Duty to inspect
Immediately upon receipt, the buyer must inspect the delivery for visible defects, transport damage, quantity and correct product.
Visible defects and incorrect deliveries must be notified to NH in writing without undue delay.
Hidden defects must be notified in writing without undue delay after the buyer has discovered or ought to have discovered the defect.
7.2 Notification period
NH’s liability covers only defects that are discovered and notified within 12 months of NH’s delivery to the buyer.
The notification period runs from NH’s delivery to the direct buyer and is not extended as a result of the buyer’s storage, resale, rental or subsequent delivery to its own customer.
For batteries, the special notification period in clause 7.4 applies.
7.3 Scope of the right to claim for defects
NH’s liability covers documented defects in material, design or manufacture that were present at the time of delivery or that are caused by circumstances present at the time of delivery.
NH determines, on the basis of a technical assessment, whether the reported fault qualifies as a defect.
NH may require such documentation as is reasonably necessary to assess the claim, including:
- the product’s serial number,
- invoice or purchase details,
- date of commissioning,
- operating hours,
- photographs or video,
- error codes,
- information on use and maintenance,
- measurement results and other relevant technical information.
7.4 Batteries
For all batteries, including AGM, GEL, lead-acid and lithium batteries, NH’s liability is limited to defects that are discovered and notified within 3 months of NH’s delivery to the buyer.
The right to claim covers only documented material and manufacturing defects in the battery.
The following are not, among other things, regarded as defects giving rise to a valid claim:
- ordinary loss of capacity or performance,
- ordinary ageing or wear,
- deep discharge,
- insufficient charging,
- incorrect charging,
- use of the wrong charger,
- lack of maintenance charging,
- prolonged idle periods without correct charging or disconnection,
- storage in a discharged state,
- incorrect storage or exposure to temperature,
- overloading,
- damage resulting from improper use or lack of maintenance.
In the event of a claim regarding a battery, NH may require documentation of the battery’s voltage, charging conditions, the function of the charger, the machine’s operating hours and other relevant circumstances.
7.5 Wear parts and consumables
Ordinary wear is not a defect.
NH’s liability for defects therefore does not, as a general rule, cover wear parts and consumables, including for example:
- wheels and rollers,
- tyres,
- brushes,
- squeegee rubber and squeegee blades,
- filters,
- fuses,
- contact surfaces,
- brake linings,
- chains and other parts subject to wear,
unless it is documented that the specific damage is due to an original material or manufacturing defect.
7.6 Matters not covered
NH is not liable for faults or damage caused wholly or partly by:
- incorrect or improper use,
- use contrary to the product’s instructions for use,
- overloading,
- lack of or inadequate maintenance,
- failure to carry out statutory or recommended inspections,
- incorrect charging,
- accidents or external impact,
- incorrect storage,
- frost, moisture or corrosion,
- use of non-original or non-approved spare parts,
- modifications, rebuilding or intervention without NH’s written approval,
- repairs carried out incorrectly by the buyer or a third party,
- ordinary wear and tear.
7.7 NH’s right to remedy
In the event of a valid claim, NH is entitled, at its own discretion, to:
- repair the product,
- supply a replacement part,
- replace the product, or
- grant a proportionate price reduction or credit the defective part.
The buyer may not, without NH’s prior written approval, allow a third party to carry out a repair at NH’s expense.
NH is entitled to attempt to remedy the defect before the buyer may invoke other remedies for breach.
7.8 Labour, travel and consequential costs
Unless otherwise agreed in writing, NH’s liability for defects does not cover the buyer’s or a third party’s labour costs, service time, travel, travel time, allowances, installation, removal or other consequential costs.
If NH has approved in advance and in writing that the buyer or a dealer carries out work in connection with a claim, only the working time and rate agreed in advance will be covered.
7.9 Transport in connection with claims
For inspection, repair or replacement, the buyer must, unless otherwise agreed in writing, make the product available to NH at NH’s place of business at the buyer’s own cost and risk.
Transport to and from NH is at the buyer’s cost and risk.
NH is therefore not obliged to bear the costs of return transport of products that the buyer or the buyer’s customer has forwarded to other locations or countries.
7.10 Replaced parts
Parts that are replaced or credited in connection with a claim belong to NH and must be returned to NH on request.
7.11 Repair and replacement
Repair, supply of a spare part or replacement does not cause a new notification period to begin for the product as a whole.
The expiry of the original notification period continues to apply unless otherwise required by mandatory law.
8. Resale and dealers
8.1 NH’s contractual obligations under these terms exist only towards NH’s direct buyer.
8.2 If the buyer resells the product, the buyer is itself responsible for its contractual relationship with its own customer, including for the claim, warranty and consumer law obligations arising from the buyer’s own sale.
8.3 The buyer’s resale does not extend or restart the notification period between NH and the buyer.
8.4 The buyer may not, without NH’s written approval, issue guarantees, warranty promises or other undertakings on NH’s behalf.
8.5 If the buyer resells the product to a consumer, the buyer is responsible for complying with consumer legislation in force at any given time.
8.6 The provisions of this clause do not limit any rights that a subsequent acquirer may have directly against NH under mandatory law.
9. Product information, safety and use
9.1 The buyer must ensure that the product’s manuals, safety instructions, markings and other information accompany the product on resale or transfer.
9.2 The buyer may not remove or alter:
- CE marking,
- type plate,
- serial number,
- capacity ratings,
- safety warnings,
- other statutory markings.
9.3 The product may not be modified or rebuilt in a way that may affect the product’s safety or compliance with applicable rules without NH’s prior written approval.
9.4 The buyer is responsible for ensuring that its own employees and any end users receive the relevant instructions and safety information.
10. Limitation of liability
10.1 NH is not liable for indirect losses, including:
- operating losses,
- loss of profit,
- loss of production,
- loss of time,
- loss of data,
- loss of contracts,
- penalties or liquidated damages,
- losses resulting from production stoppages,
- other indirect losses and consequential damage.
10.2 NH is not liable for costs of removal, installation or access to products in which the delivered goods are installed or incorporated, unless otherwise agreed in writing.
10.3 Unless otherwise required by mandatory law, NH’s total liability in respect of a specific delivery cannot exceed the invoice value excluding VAT of the product giving rise to the claim.
10.4 The limitations of liability do not apply to the extent they conflict with mandatory law.
11. Product liability
11.1 NH is liable for damage caused by a product to the extent this follows from mandatory product liability legislation.
11.2 To the extent permitted by applicable law, NH is not liable for damage to items used commercially, to real property or to other products as a result of the delivered product.
11.3 NH is not liable for operating losses, loss of profit, loss of production or other indirect losses in connection with product damage, unless otherwise required by mandatory law.
11.4 If a third party brings a product liability claim in connection with a delivery from NH, the buyer must immediately inform NH in writing.
11.5 The buyer may not, without NH’s written consent, acknowledge a product liability claim that is to be pursued wholly or partly against NH.
12. Recall and safety-related matters
12.1 If NH assesses that a product may constitute a safety risk or must be recalled, corrected or examined further, the buyer must cooperate loyally in this.
12.2 At NH’s request, and to the extent necessary and lawful, the buyer must be able to assist in identifying the relevant products and customers for the purpose of safety-related actions.
12.3 The buyer may not continue to sell or use a product after written notice from NH that the sale or use must be discontinued for safety reasons.
13. Severability
13.1 If one or more provisions of these terms are held to be invalid or unenforceable, this does not affect the validity of the remaining provisions.
13.2 An invalid provision must, as far as possible, be replaced by a valid provision that comes closest to the original purpose and economic effect of the provision.
14. Governing law and venue
14.1 Any agreement between NH and the buyer is governed by Danish law, excluding Danish rules of private international law on choice of law.
14.2 The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply unless otherwise expressly agreed.
14.3 Any dispute between NH and the buyer must be settled by the District Court of Viborg, Denmark, as court of first instance, unless otherwise required by mandatory rules.
15.1 These terms are a translation of NH’s Danish terms of sale and delivery. In the event of any discrepancy between the Danish and the English version, the Danish version prevails.
NH Handling A/S
Lundvej 48
DK-8800 Viborg
Denmark
Version: 2026