Ferros Orbit ApS – Terms and Conditions of Business
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General Information These terms and conditions apply to all agreements entered into between Ferros Orbit ApS (hereinafter "Ferros Orbit") and the company’s customers (hereinafter "the Customer"). By accepting an offer or entering into an agreement, the Customer accepts these terms.
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Services Ferros Orbit provides professional services within welding, assembly, and project management. The services are divided into the following categories:
A. Task-based, Hourly Work Ferros Orbit provides certified personnel for tasks requiring such qualifications. The Customer assumes full responsibility for:
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Planning and coordination of the work.
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Work environment and safety conditions, including relevant safety procedures and equipment.
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Supervision and quality assurance of the work.
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Insurance and oversight of personnel during execution in accordance with Danish legislation. Ferros Orbit agrees in advance on the nature of the task, its duration, and minimum hours required, and then provides an hourly-based offer. The offer will state whether equipment and materials are included in the price. Billing is always based on actual hours worked.
B. Delivery Agreements, Fixed Offers Ferros Orbit assumes responsibility for planning, execution, and quality assurance of the agreed project components. Delivery agreements are executed based on a written offer, accepted and approved by the appropriate representative of the Customer. Ferros Orbit provides:
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Certified welders, assemblers, and project management.
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Own equipment and materials, unless otherwise specified in the agreement. The Customer must ensure access to the work area and provide basic resources such as (but not limited to) electricity and water as needed. The Customer must provide access to a site cabin with a toilet. Invoices are issued in 3 installments, as agreed in the offer.
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Offers and Agreements 3.1 Offers are valid for 30 days unless otherwise stated. 3.2 An agreement is binding once the Customer has accepted the offer in writing. 3.3 Cancellation of an order before commencement will be invoiced at 10% of the total order price.
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Prices and Payment 4.1 All prices are excluding VAT unless otherwise stated. 4.2 Payment is due net 8 days from the invoice date unless otherwise agreed. 4.3 Late payments incur interest of 2% per started month and a reminder fee of DKK 100.
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Delivery and Schedule 5.1 Delivery times are defined in the agreement and may be adjusted in the case of unforeseen circumstances such as:
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Delays in material deliveries from any trade groups.
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Changes in project drawings or instructions. These must be communicated in writing.
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Other conditions beyond Ferros Orbit's control. 5.2 Delays due to force majeure release Ferros Orbit from liability. 5.3 Delays Related to Engineer Approval of Dimensions If delays arise due to engineers not approving dimensions within the agreed timeframe, or if approval is delayed for other reasons, Ferros Orbit shall not be held responsible for any consequences to the project schedule or costs. The Customer is obligated to ensure that necessary approvals from engineers are obtained in due time.
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Warranty and Complaints on Delivery Agreements 6.1 Ferros Orbit provides a 3-month warranty from delivery, covering material and production defects. 6.2 Complaints must be submitted in writing to kr@ferrosorbit.comimmediately after discovery, including the correct project number. 6.3 The warranty does not cover:
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Errors due to incorrect drawings or instructions from the Customer.
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Damage caused by poor maintenance or unauthorized modifications by the Customer.
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Structures with defects executed by the Customer.
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Limitation of Liability 7.1 Ferros Orbit is only liable for direct losses resulting from proven errors or negligence on the part of the company. 7.2 Ferros Orbit is not liable for indirect losses, including lost profits, operational losses, or other consequential damages.
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Responsibility for Assembly and Use of Delivered Elements 8.1 Ferros Orbit assumes responsibility only for the correct delivery of agreed steel elements according to specified requirements and drawings. 8.2 Ferros Orbit is not liable for any errors, damage, or deficiencies arising from incorrect assembly, use, or installation of the delivered elements, if performed by other trades or unauthorized individuals. 8.3 Ferros Orbit also assumes no responsibility if delivered elements are not used in accordance with the order specifications or drawings or have been modified without prior written approval from Ferros Orbit. 8.4 If Ferros Orbit finds that defects or deficiencies are caused by third-party trades or their inactions, the Customer will be responsible for any costs or damages incurred as a result.
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Additional Work and Changes to Work Descriptions 9.1 Any changes to the work description, including changes to drawings, requirements, or technical specifications from the builder or Customer, will be considered additional work and invoiced separately. 9.2 If other trades or site conditions cause delays or prevent Ferros Orbit from executing work as planned, Ferros Orbit will be compensated for the extra costs incurred. This may include, but is not limited to, extra hours, work at later hours, or downtime. 9.3 If the Customer or other trades change the original work description or drawings, or if delays in preparation from the Customer or builder make it impossible to perform the work on time, Ferros Orbit has the right to invoice additional work for the time and resources needed to adapt to these changes and delays. 9.4 All changes or delays must be approved in writing by both Ferros Orbit and the Customer, and the financial impact will be reflected in an adjusted price. 9.5 All additional work is invoiced at DKK 590 per hour.
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Purchase of Bolts and Liability 10.1 If bolts or other fastening elements are purchased from a recognized supplier with the necessary certifications and approvals, Ferros Orbit does not assume responsibility for their strength or suitability, provided they have been supplied and used according to applicable standards and requirements. 10.2 The Customer is responsible for ensuring that bolts and other materials are suitable for the specific purpose and properly installed according to relevant standards. Ferros Orbit cannot be held liable for material defects resulting from the use of bolts or materials purchased by the Customer from a third party.
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Quality Control and Work Approval 11.1 Ferros Orbit conducts continuous quality control during production, assembly, and delivery in accordance with applicable standards and the project's technical requirements. 11.2 For delivery agreements, Ferros Orbit follows internal quality assurance procedures, including welding certificates, material traceability, and visual inspection. Other inspections, such as NDT or documentation requirements, are only performed if stated in the offer or agreement. 11.3 The Customer is obligated to ensure that any requirements for documentation, control levels, or special control bodies are communicated and approved in writing before work begins. 11.4 Ferros Orbit is not liable for errors or deficiencies caused by missing, incorrect, or changed information from the Customer, including incomplete drawings, missing dimension approvals from engineers, or changes made during execution without written agreement. 11.5 If the project includes elements to be installed or adapted by other trades, and this work does not comply with the project's requirements or drawings, Ferros Orbit is not responsible for consequential errors or damages. 11.6 Ferros Orbit may offer advice on proper assembly but does not assume responsibility if other trades fail to follow the given instructions.
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Confidentiality 12.1 Both parties agree to handle confidential information securely and not disclose it to third parties without written consent.
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Intellectual Property 13.1 Drawings, designs, and technical solutions developed by Ferros Orbit remain the property of the company unless otherwise agreed in writing.
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Disputes and Governing Law 14.1 Any disputes shall be attempted resolved amicably. 14.2 If no agreement can be reached, the matter will be decided by the Danish courts in accordance with Danish law.