Terms of Sale and Delivery

VALID FROM JANUARY 1, 2025

1. VALIDITY
These terms and conditions apply to all offers, orders, order confirmations and deliveries of products/machines from Fremco A/S to any Buyer. Delivery terms are mutually binding between Fremco A/S and Buyer, unless otherwise expressly agreed. Fremco A/S is not bound by the terms set forth by the Buyer that differ from Terms of Sale and Delivery, unless such conditions are agreed in writing between Fremco A/S and Buyer, although Fremco A/S has not objected to such terms.

2. OFFERS
If Fremco A/S makes offers that do not include a specific deadline, the offer will lapse after 30 days from the date thereof. Until Fremco A/S receives the Buyer’s acceptance and there is an order confirmation, Fremco A/S is entitled to enter into agreements with third parties relating to the offered with the effect that the offer to purchase will expire without further notice.

3. PRICE
All prices are in Euro, excluding VAT, unless otherwise stated. Buyer is obliged until delivery to accept price changes because of documented increased costs for Fremco A/S due to changes in exchange rates, tariffs, taxes, duties etc. related to the delivery. For orders under Euro 100.00 we charge a handling fee of Euro 20.00.

4. PAYMENT
Payment must be made no later than on the final payment date stated in the invoice. If delivery is postponed due to Buyer conditions, Buyer is still obliged to make any payment to Fremco A/S, as if delivery had been made on time, unless otherwise agreed in writing with Fremco A/S. Late payments accumulate interest under applicable law. Buyer is not entitled to set off any counterclaims against Fremco A/S not acknowledged in writing by Fremco A/S, and has no right to withhold any portion of the purchase price because of counterclaims of any kind.

5. RETENTION OF OWNERSHIP
Fremco A/S retains title to the goods until the full purchase price and costs incurred are paid to Fremco A/S.

6. DELIVERY
The products are delivered Ex Works (Incoterms 2010) from Fremco A/S’ address or from any other of Fremco A/S any other place informed by Fremco A/S. Fremco A/S chooses mode of transportation, unless otherwise agreed with the Buyer. Transport is the Buyer’s risk and expense.

7. DELAY
If Fremco A/S does not deliver at the agreed time, the Buyer can in writing demand delivery within a final reasonable period. If delivery is not made within that period, the Buyer is entitled to cancel the purchase. Besides that, the Buyer cannot bring claims against Fremco A/S because of delay.

8. PACKAGING
Disposable packaging is included in the agreed prices, unless otherwise stated in the quotation and/or order confirmation.
Disposable packaging will not be credited if returned. In the case where your machine has to be returned for service or repair, it is important that the machine is packed and shipped in its original packaging. If you send a machine to Fremco A/S that is not in original packaging, we will return it in new original packaging paid by the customer/receiver.

9. PRODUCT INFORMATION
Any product information - whether it comes from Fremco A/S or one of Fremco A/S’ business partners - including information on weight, dimensions, capacity or other technical data in the catalog description, prospectus, advertisement etc., is considered illustrative and is only binding to the extent that Fremco A/S explicitly refers to in the quotation and/or order confirmation. Specific requirements from the Buyer are binding only to the extent that Fremco A/S confirms them in writing.

10. PROPRIETARY INFORMATION AND CONFIDENTIALITY
Any information that is not publicly available, including drawings and technical documents handed over by Fremco A/S to Buyer, shall remain Fremco A/S property and must be treated as such by Buyer. Confidential information shall not be copied, reproduced, transferred to third parties or used for other purposes than intended without Fremco A/S’ written commitment. The buyer is not entitled to manufacture products or parts that are identical to, similar to or serve identical purposes as the Fremco A/S product range purchased by the buyer, unless specifically agreed in writing with Fremco A/S.

11. CHANGES
Fremco A/S reserves the right to make changes in its products without notice, if this is achievable without significantly changing the agreed technical specifications and without substantial changes in the products form or function.

12. COMPLAINTS
Buyer is obliged to check products for defects immediately after delivery. Fremco A/S or a Fremco A/S approved entity undertakes at its own discretion to repair or replace products which prove to be defective due to workmanship, construction or materials, if the Buyer complains within 3 years from the date of purchase. Buyer sends, by prior arrangement, the product to Fremco A/S or a Fremco A/S approved entity accompanied by a delivery note specifying the alleged deficiency. The Buyer pays shipping and insurance. The Product must be returned in full. If investigation documents that the Product is without deficiencies, the product is returned to the Buyer, who pays for shipping and insurance. If investigation documents that the product is defective, due to improper use, unauthorized modifications or unauthorized repairs, the Buyer cannot make claim against Fremco A/S or a Fremco A/S approved entity. If deficiencies are identified, Fremco A/S or a Fremco A/S approved entity sends the repaired product or a replacement Product to the Buyer and takes over the replaced parts or the defective Product. Fremco A/S or a Fremco A/S approved entity chooses shipping and pays shipping and insurance. Besides these terms, the Buyer cannot make claim against Fremco A/S or a Fremco A/S approved entity because of defective products. Any repairs or alterations of the Product not performed by Fremco A/S or a Fremco A/S approved entity or without Fremco A/S’ written consent will invalidate the right to complain. Fremco A/S may indicate special conditions of complaint for products and repairs, which differ from the above. These will appear in the quotation and/or order confirmation.

13. WARRANTY
In general, Fremco A/S provides a 3-year warranty in total on fiber blowing machines only, excl. wearing parts (detailed list of wearing parts available upon request). The 3-year warranty requires a mandatory yearly service performed at a Fremco authorized service center. Time interval for the service window is 30 days after first and second year from the purchase date on the invoice. The customer is responsible for sending the machine to service and maintaining records of purchase and services conducted at Fremco authorized service center for Fremco Fiber Blowing machines, as these will be needed for any warranty claim. Failure to present the required purchase and annual service documentation at Fremco authorized service centers will terminate the remaining warranty. In the event of secondhand purchase, the warranty can be transferred to the new customer, provided that the original purchase documentation and annual service reports from a Fremco authorized service center are presented. Damage and defects, which have occurred by improper use, unauthorized modifications or unauthorized repairs, are not covered by warranty. If Fremco A/S finds that the machine has undergone unauthorized disassembly or repair or service or been repaired with non-original spare parts, warranty will no longer be valid, regardless of damage or defects do not occur. Moreover, in case of invalidated warranty, Fremco A/S is entitled to claim compensation according to the common rules of Danish law, and at the same time any service prepaid by the customer cannot be reimbursed. All handling of warranty is at any time made in accordance with the guidelines issued by Fremco A/S in the “Fremco Warranty Procedure”, which forms an incorporated part of the overall basis for contract between Fremco A/S and the customer. Machines used for rental, leasing or other financial solutions are only eligible for the standard 1-year warranty. Fremco accessories and complementary products have a 1-year warranty only.

14. FORCE MAJEURE
Fremco A/S is entitled to cancel the order or suspend delivery of products and is free of responsibility for any missing, incomplete or late delivery in whole or in part due to circumstances beyond Fremco A/S’ reasonable control. Such as riots, civil commotion, war, terrorism, fire, government regulations, strikes, lockouts, slowdown, lack of transport, shortages, disease, pandemics or delay in or failure of the deliveries from suppliers, accidents in product testing, or lack of energy supply and also any other happenings out of Fremco A/S’ control.
All the Buyer’s rights are suspended or terminated in such cases. Neither in case of cancellation nor delayed delivery, can Buyer claim damages or make any claim against Fremco A/S.

15. LIABILITY
Fremco A/S is not responsible for any indirect loss. Any liability demands against Fremco A/S are limited to the invoice amount, excluding VAT, which the demand stems from.

16. DISPUTES
Any dispute arising in connection with the matters governed by the Terms of Sale and Delivery shall be governed by Danish law and by the Danish court in Hjoerring.

17. LAW AND REGULATIONS
The Buyer represents, warrants and covenants that:
(a) the Buyer, together with its affiliates and their respective representatives, shall comply with all applicable laws and regulations, including but not limited to anti-bribery laws, anti-money laundering laws, trade and economic sanctions laws, and export control laws (including any involvement or business dealings, directly or indirectly, with a restricted or listed person or entity under such legislation);

(b)the Buyer will immediately inform Fremco A/S of any suspected or alleged breach of the foregoing.
Following any reasonably suspected breach of (a)-(b) above, Fremco A/S has the discretionary right to refuse further performance or terminate any relevant agreement it has with the Buyer. The Buyer undertakes to indemnify and hold Fremco A/S harmless for any breach of this section.

Warranty Procedure

VALID FROM JANUARY 1, 2025

1. WARRANTY
Fremco provides a one (1) year warranty for Fremco fiber blowing machines (the “Machine”) subject to the terms and conditions below. At the option of the buyer, Fremco’s warranty can be extended for up to two (2) years on Machines. To obtain the benefit of such extended two (2) year warranty on Machines, buyer must have a yearly service performed on the applicable Machine(s) at a Fremco authorized service center. Time interval for the service window is thirty (30) days after the anniversary date of the first and second years from the purchase date on the order confirmation. Buyer is responsible for sending the Machine for such service and maintaining records of purchase and services conducted on the Machines at the Fremco authorized service center as these will be required for any warranty claim. Failure to present the required purchase and annual service documentation at the applicable Fremco authorized service center will terminate and void any subsequent time with respect to the warranty.

2. DEMO MACHINES
For all demo machines, the warranty period starts instantly from Fremco A/S invoice date. The remaining warranty period will be transferred to an end customer once the demo machine has been resold.

3. OTHER PRODUCTS
Fremco accessories and complementary products have a 1-year warranty only.

4. MANDATORY STOCK
For mandatory stock Fremco blowing machines, a 1-year stock warranty is provided, starting from the invoicing date and continuing until the machine is sold to the end user. Once sold, a standard 3-year warranty begins, starting from the end user's purchase date. The combination of the 1-year stock warranty and the 3-year standard warranty results in a maximum total warranty period of 4 years.

5. WARRANTY COMPLAINT
In case of warranty complaint, the customer sends a written complaint to Fremco A/S. The written complaint should contain description of the issue along with videos and photo material. A customer complaint can be sent by email to complaint@fremco.dk. For more information go to Fremco A/S homepage (www.fremco.dk) and fill out the complaint form.

6. INSPECTION AND REPAIR
Fremco A/S can request return of the product for inspection and repair.
If the machine must be returned for service or repair, it is important that the machine is packed and shipped in its original packaging. If a Fremco blowing machine is sent to Fremco A/S without its original packaging, it will be returned in new original packaging, paid by the customer. 

7. PROCESS
Fremco A/S is obliged to consider the written complaint and reply to the customer within 5 (five) working days from the date of receipt of the complaint. Fremco A/S can request the customer representative to go to the end customer location and inspect the defective equipment. Each warranty case and complaint will be reviewed individually. The evaluation will be based on the documentation received, and the outcome will be communicated back to the customer.

8. REPAIRS
Fremco A/S and Fremco authorized service centers are obliged to eliminate the defects at our expense or to replace the defective equipment or parts within a maximum of 20 working days from reception of the equipment.

9. SERVICE AND MAINTENANCE REQUIREMENTS
To maintain the standard 3-year warranty coverage, the machine is required to be serviced annually. The end customer must ensure that the service and maintenance requirements for each machine comply with the description in the operating manual. Failure to maintain and clean the machine may result in lack of performance and reliability and lapse of warranty.

10. AUTHORISED SERVICE
Service and maintenance is only valid if performed by Fremco authorized Service Center or at Fremco A/S in Denmark.

12. FREIGHT COST
Freight costs from the customer’s location to Fremco A/S is paid by the customer. If the machine is covered by warranty, return costs will be paid by Fremco A/S.

13. LAPSE OF WARRANTY
If a machine or product is sent to Fremco A/S as a warranty claim, and it turns out not to be covered under the warranty, Fremco A/S is entitled to invoice the customer for any costs related to fault finding, parts and shipping. This also implies if the customer decides to have the machine returned without being repaired or if no fault is found.

14. WARRANTY DOES NOT APPLY TO
a. Standard wearing parts e.g. chains, chain support rails, adaptor sets, gaskets, sealings etc.
b. Defects resulting from careless or improper storage or use of substandard and unsuitable materials
c. When using non-original spare parts
d. Independent design change
e. Use of incorrect supporting equipment like compressors, electrical power pack or hydraulic power packs. Must be used together with recommended equipment.
f. Poor or negligent maintenance of the fiber blowing equipment
g. If the operating manual is not followed.
h. if used in environments with excessive dust or sand.
i. If dismantled or tampered with by unauthorized persons.