These terms and conditions shall apply to all deliveries and services provided by edgemo green, both when edgemo green delivers IT infrastructure, perform data-wipe, or assumes a customer’s used IT equipment.
Customer contracts and orders
A binding contract has been entered into between edgemo green and another party (the Customer) when one of the parties has received a written order confirmation or in any other way received an understanding of agreement.
edgemo green reserves the right to freely utilize sub-contractors, collaborative partners, and external consultants. To the extent the Customer is provided information about products or services developed by a sub-contractor, edgemo green cannot be held liable for any information contained in such information.
Third-party deliveries may have certain particular terms to consider. In the event of a discord between edgemo green’s terms and conditions and a third party deliverer’s terms and conditions, the third-party deliverer’s terms and conditions shall supersede these terms and conditions of edgemo green in every respect. This shall apply to limitations in usage, damage liability, termination and price adjustments, among other things.
Prices and payment
All prices are listed in Danish kroner and are exclusive of Danish VAT unless otherwise outlined in the Parties’ agreement.
edgemo green’s deliveries are by default exclusive of transportation costs to and from edgemo green’s warehouse. The Customer shall bear the cost of the transporter and any freight rates listed are not binding on edgemo green. If edgemo green is liable to bear a cost as a result of a delay in loading or offloading, edgemo green may require same reimbursed by the Customer.
In addition to that, edgemo green will require reimbursement for any additional expenses incurred in relation to the services or deliveries including costs for third party software or possible fees.
edgemo green reserves the right to adjust its pricing and possibly its hourly rates annually. edgemo green further reserves the right to perform a price adjustment as a result of the fees or price changes from any sub-contractor or business partner.
Payment for the service is due seven (7) days from the invoice date. In the event of late payment, edgemo green may charge 2% interest per month and a late fee pursuant to the terms of the Danish law on interest.
Delivery is considered to have occurred when edgemo green has made the delivery available to the Customer. If edgemo green is the one receiving a delivery, it is considered to have occurred when the delivery is available in edgemo green’s warehouse.
There is a mutual requirement to ensure that quality and quantity are in compliance with what was agreed immediately after delivery has occurred. The Customer is required to notify edgemo green of any discrepancies (return) immediately after the Customer has become aware of same.
Any claim for return must be made in writing. If the Customer does not provide edgemo green written notice as outlined, the Customer forfeits the right to claim misconduct. The Customer’s right to a claim for misconduct as a result of a defect must be made no later than twelve (12) months from the date of delivery. The Parties expressly waive and deviate from § 54 of the Danish Sale of Goods Act.
At any point in time, edgemo green shall have the right to provide mitigative assistance or redelivery free of charge after having received a written claim for a return. In the event of a substantial defect, edgemo green may elect to provide a pro rata discount in the event edgemo green does not want to provide mitigation or redelivery.
All deliveries are sold with ownership maintained and shall remain the property of edgemo green until such time when the Customer has paid the entire purchase price along with any interest, costs, or fees associated with the sold item which could be charged by the deliverer against the Customer.
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.