The following general terms and conditions apply to all services performed by Elite Opti (hereinafter referred to as “EO”):
These terms and conditions constitute, in combination with all offers and order confirmations provided by EO, the overall contractual basis for sales and delivery of services by EO to the customer (“Contractual basis”).
1. EO provides consulting services for players within the agricultural industry in accordance with the Danish rules and regulations that apply to Danish agriculture.
2. EO is impartial and all consulting services are provided in accordance with customer interests and according to the professional knowhow of the consultant. All doubts in this regard are presented to the customer. The consultant is obliged to observe confidentiality with regard to information provided by the customer upon assignment of tasks.
- Experience and knowhow acquired by EO by means of collaboration with a customer may be used by EO in other contexts and collaborations with other customers. Protection of sources is governed by the aforementioned confidentiality obligations.
3. Upon both oral and written order confirmation, the consultant performs the task assigned from beginning until the natural ending, unless otherwise agreed. Thus, the customer is liable for the order as a whole. In the event that a task is cancelled upon request of the customer, EO is to be informed about this immediately; the customer will be invoiced the time already spent.
4. EO is at any time entitled to cancel the collaboration with a customer in case the customer has defaulted debt to EO or in any other way is in breach of other collaboration obligations. The customer is not entitled to withhold amounts due in return for possible claims raised by the customer against EO, and such an act will be considered a breach of collaboration obligations.
5. EO provides consulting services on hourly basis, unless otherwise agreed. The customer is invoiced the time spent on the task, including but not limited to task assignment, preparatory work, dialogue, task performance, transport and other secondary time. The time spent is calculated on the basis of each started quarter (¼) of an hour. The price for services follows the price list of EO, applicable at the time of order confirmation, unless otherwise agreed in writing by the parties. All prices are ex VAT. Driving is calculated per kilometre or part thereof. Any other travel time not by car is calculated upon separate agreement.
All prices are ex VAT and other charges.
The customer is obliged to reimburse all charges/expenses on EO’s part, which are related to task performance. These expenses are stated separately on the invoice in accordance with the enclosed documents.
6. Invoicing takes place at the end of the current month, and payment is due at the date stated on the invoice. In the event of a default in payment later than the due date stated on the invoice, default interest in the amount of 2.0% per month commenced is payable, starting with the due date on the invoice. For all reminders, a reminder fee in the amount of DKK 100 is charged, not subject to VAT.
7. EO cannot be held liable for faults or defects resulting from: (i) use in breach of EO´s instructions or common practice, or for non-agreed purposes, (ii) remedy or changes made by others than EO, or (iii) other conditions, which EO is not liable for.
8. EO is liable towards the customer in accordance with the general rules of Danish law, and holds insurance with an accredited company. However, EO’s liability is limited to annually max. DKK 5,000,000 for consultation mistakes.
EO cannot be held liable for indirect loss, including loss of production, sales, profits, time or goodwill, unless the damage is the result of wilful intent or gross negligence.
In special cases and upon written agreement, EO may renounce the consultant liability.
The liability for damages is only applicable, if the customer issues a damage report in writing. In the event that a fault or defect, which the customer detects or should have detected, is not immediately reported to EO in writing, it cannot be claimed at any time later. If this is not done within reasonable time, the customer is not entitled to any claims for compensation.
9. In the event that a customer does not agree on the amount of time spent and invoicing in relation to the respective service received, the customer must lodge a written complaint.
10. EO processes personal data in accordance with the data protection regulation and data protection law. Information concerning customer name, address, e-mail, telephone number etc. will only be used for the performance of services.
All disputes are settled at the municipal court in Esbjerg.
Limitation of liability is subject to the general rules of Danish law.
