edgemo green shall solely be required to pay damages for a loss which is a direct consequence of documented gross negligence in a delivery or other documented gross negligence by edgemo green.
Any damage imposed on edgemo green for compensation shall solely include the direct loss of the Customer whereas any indirect loss or consequential damages, including loss of income, increased operations expenses, loss of savings, loss of goodwill, lost profit, loss of assets, or expenses associated with a loss of data shall not be compensated.
edgemo green shall not be liable for any delay or defect in a delivery caused by forces outside of edgemo green’s control. Furthermore, edgemo green shall not be liable in the event of negligence due to delay or non-delivery from a third-party supplier that is not subject to instructions of edgemo green.
edgemo green’s combined amount of damages shall under no circumstances exceed the amount invoiced for the specific service or maximum 500,000.00 Danish kroner if the invoiced amount for the specific service exceeds that amount.
In event of any mandatory legislation, the above limitations shall also apply to any products liability claim against edgemo green.
The obligations of edgemo green shall be postponed in the event of force majeure which is a term referring to circumstances outside edgemo green’s control, including but limited to, war, civil unrest, terror, riots, strike, fire, natural disaster, currency restrictions, import- or export restrictions, disruption of society, power failure, disruption of power, public data centers and communication systems, virus, cyber terror, computer hacking, as well as an instance of force majeure for the sub-contractor, and which the Parties could not have considered at the time the agreement was entered into.
Any circumstance at edgemo green’s sub-contractor that results in edgemo green not being able to comply with its obligations to the Customer and which cannot be overcome without edgemo green incurring an unreasonably large cost, shall also be considered force majeure.
edgemo green’s employees observe unconditional confidentiality as it relates to the information related to a Customer’s circumstances and to the extent necessary, we require a similar obligation from those sub-contractirs who assist edgemo green in a delivery or service.
The Customer is imposed a similar obligation as it relates to the information about the services or delivery, including information about the contents of the contract, sub-contractors, pricing, or the like.
To the extent edgemo green processes personal data on behalf of the Customer, the Customer must inform edgemo green in writing about same and in such an event, edgemo green’s standard processing terms shall apply.
Dispute and venue
This Agreement shall be interpreted pursuant to the laws of Denmark.
In the event the Parties cannot reach a resolution through ordinary negotiations, the dispute shall be submitted to mediation proceedings before a mediator mutually agreed upon by the Parties. If mediation reaches an impasse, the dispute shall be sent to final resolution by arbitration, see paragraph 12.4, Disputes.
Disputes shall be settled through arbitration pursuant to the Rules of Arbitration of the Danish Institute of Arbitration”. The arbitral tribunal shall be appointed by the Danish Institute of Arbitration pursuant to the “Rules of Arbitration of the Danish Institute of Arbitration”.
When the dispute is to be settled by a tribunal of 3 arbitrators, the Claimant may provide suggested resolution to its arbitrator in the Statement of Claim. The Respondent may provide a suggested resolution to its arbitrator in the Response. The third arbitrator, the president of the arbitral tribunal, is brought suggestions by the Danish Institute of Arbitration unless the Parties, before the Response is due, jointly make a suggestion to the president. The venue for the arbitration shall be the City of Aarhus in which edgemo green is registered.