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General Terms and Conditions of Sale and Delivery NBE Production A/S

1. General Conditions
These General Terms and Conditions of Sale and Delivery (hereinafter referred to as “Terms of Delivery”) from NBE Production (company registration No. 34890323) shall apply to all deliveries of products, plant and/or services (hereinafter jointly referred to as “Products”) from NBE Production to any customer (hereinafter referred to as “Purchaser”) unless they are expressly deviated from or modified fully or partly by other written agreement. Purchaser’s statement of special or general terms and conditions in order, acceptance, purchase conditions etc. is not considered to be a deviation from these terms and conditions unless NBE Production has accepted these deviations in writing.

2. Offer and Acceptance
Purchase offers (including Purchaser’s online order) are not accepted until Purchaser has received NBE Production’s written, including electronic, acceptance of the offer (order confirmation) or when NBE Production within the time-limit of acceptance has received written, including electronic, corresponding acceptance from Purchaser of an offer made by NBE Production.

3. Delivery and Transfer of Risk
NBE Production shall deliver the Products specified, cf. separate agreement as to this (hereinafter referred to as “the Agreement”). Delivery takes place ex warehouse at the Purchaser’s address. If due to Purchaser’s circumstances delivery/ collection cannot be effected the Products will remain at NBE Production’s warehouse for the Purchaser’s account and risk.

4. Ownership Reservation
The ownership to the Product is not transferred to the Purchaser until the date when the Purchaser has paid the full purchase amount.

5. Delay
In the event that NBE Production does not comply with a time of delivery of the whole of the service or part of it as stated in the Agreement the Purchaser can in writing demand delivery and fix a final reasonable time-limit for this of minimum 90 days as from the receipt of the letter by NBE Production. If delivery is not effected within this time-limit Purchaser shall be entitled to cancel the purchase and claim compensation for documented direct losses. The Purchaser cannot raise any claims in excess of this against NBE Production due to delay. Times of delivery stated in delivery plans are only indicative and NBE Production cannot be held responsible for any violation thereof. If delays occur at Purchaser and Purchaser thus wants to postpone an agreed delivery NBE Production must be informed as to this no later than 3 weeks before agreed delivery. If this is not done on time NBE Production is entitled to invoice up to 90% of the total purchase amount on the originally agreed date of delivery. Any loss suffered by NBE Production due to such a delay must be paid by Purchaser.

6. Prices
Prices of Products are exclusive of VAT and duties unless otherwise specifically stated in the Agreement. NBE Production reserves the right to adjust the agreed prices by not-delivered Products in the event of changes of exchange rates, price increases from sub-suppliers, price increases of material, changes in wages, government intervention or the like.

7. Payment and Invoicing
The payment of the purchase amount falls due no later than on the date stated in the invoice as the final due date. It appears from the invoice as to where payment has to be effected. If payment is not effected on time NBE Production is entitled – in addition to the amount of invoice – to charge interest in accordance with the provisions of the Interest Act, regarding commercial customers, however, only 1.5% per month or fraction of a month. In addition to this NBE Production will charge a fee of DKK 100.00 for written reminders (maximum 3 per invoice) and DKK 100.00 for the handing over of the matter for collection.

8. Technical Information etc.
Product information, illustrations and information on technical data such as effect, maintenance and information on repayment time and the like in product descriptions, brochures or in NBE Production’s website etc. are only directional. NBE Production’s information is only binding to the extent that reference is expressly made to this in NBE Production’s order and/or order confirmation. Specific claims from Purchaser are only binding to the extent that they are confirmed in writing by NBE Production.

9. Installation and Mounting
NBE Production advices Purchaser/the end customer to use authorized and authority approved plumber and electrician in connection with the installation and mounting of Products. NBE Production undertakes no responsibility or guarantee for products if the Product has been modified.

10. Complaints, Defects and Limitation of Liability
Claims concerning defects, delay, product liability or other claims for compensation must be set up in writing to NBE Production without undue delay. Concerning trade purchase Purchaser must complain at once and no later than 8 days after Purchaser discovers or should have discovered that the subject of sale has a defect. NBE Production is not liable to Purchaser for any kind of consequential damage or indirect loss deriving from or in relation to a purchase agreement ruled by these Terms of Delivery including but not limited to loss on operations, suspension of operations and loss of profit.
NBE Production’s liability for damages is in every respect limited to DKK 10.000.000,00 to the maximum cover of NBE Production’s liability insurance.

11. Guaranty and Service Agreements
Unless otherwise stated in the Agreement NBE Production will grant on all elements of the delivery a 6 months guarantee as from the date of delivery. No guarantee is, however, granted on wearing parts, including but not only on electrical ignitions.
In addition hereto the customer is subject to the complaint period of 24 months of the Danish Sale of Goods Act.
The guaranty will become void:
- if the Products are not installed, used and maintained as prescribed by the manufacturer
- if – without the approval from NBE Production – interventions are made to the Products by Purchaser or by a third party
- if the Products are affected by aggressive substances
- if the Products are use in a way that lies beyond the temperatures and/or fields of application described by NBE Production or the manufacturer, and
- in case of gross violence

12. Obstructions on Delivery or Force Majeure
In the event of force majeure NBE Production’s and Purchaser’s obligations according to these Terms of Delivery and the Agreement are suspended for as long as the fulfillment obstructions exist. The party affected must at once inform the other party in writing of the circumstances and inform him when the unsettled obligation is expected to be fulfilled. If the fulfillment of the unsettled obligation lasts more than 3 months the other party shall be entitled to cancel the deal in question without any of the parties being entitled to claim compensation from the other party. Force majeure exists if NBE Production or Purchaser is prevented from fulfilling the conditions or the Agreement due to circumstances occurring after the entering into the agreement and which is beyond the control of the party in question and if the party in question has taken sufficient care. Force majeure can especially exist in the event of extraordinary force of nature, wars, terror, fire, vandalism, impossibility to obtain necessary manpower, machinery, material or sub-suppliers and industrial disputes including but not limited to strikes and lockouts.

13. Partial Invalidity
If one or more of the provisions of these Terms of Delivery is held invalid, illegal or unenforceable the validity, legality or enforceability of the other provisions shall not be affected or impaired by this.

14. Applicable Law and Legal Venue
Disputes, if any, between the parties arising from or in relation to a purchase agreement regulated by the Terms of Delivery shall be settled according to Danish law. Disputes that cannot be settled amicably shall be brought before the court at NBE Production’s legal venue.