Business terms and conditions
These terms and conditions are applicable to all Geopartner INSPECTIONS A/S jobs and services provided to the customer (hereinafter referred to as “the Customer”) unless otherwise agreed in writing.
Section A is applicable to all customers, including customers in a private capacity Section B is only applicable to customers in a private capacity
Section A – All customers
1. ABR in simple form
1.1 All agreements are concluded pursuant to the provisions of the Danish simplified standard terms and conditions for the provision of advice and consulting services to construction operators (commonly known in Danish as “ABR Forenklet”and referred to herein as “ABR Simplified”), including the below specifications, alterations and additions.
2. The task and associated services
2.1 The services to be provided by Geopartner INSPECTIONS A/S are stated in the agreement describing the task.
3.1 Pursuant to ABR Simplified, Geopartner INSPECTIONS A/S is liable in accordance with Danish Law’s standard provisions for compensation for errors and deficiencies in the performance of a given task, subject however to the limitations stated in this clause and the other provisions of ABR Simplified.
3.2 Section 38(4) of ABR Simplified is not applicable. The liability of Geopartner INSPECTIONS A/S for compensation is limited to three times the agreed consulting fee and shall never exceed DKK 2.5 million unless otherwise agreed.
3.3 Geopartner INSPECTIONS A/S is insured on the Danish Land Surveyors’ mutual commercial liability insurance policy (LgE) and by Tryg. GEOPARTNER INSPECTIONS A/S has also taken out a third party drone insurance policy with Beta Aviation (Drone Danmark).
4. Weather and similar external factors
4.1 Weather and similar external factors etc. may be pivotal to the ability of GEOPARTNER INSPECTIONS A/S to complete the job and deliver a good quality result.
4.2 If job performance is hindered or rendered impossible by such factors, GEOPARTNER INSPECTIONS A/S shall be entitled to receive payment for time set aside/spent, regardless of whether or not the collected data is usable.
4.3 If such factors result in increased time spent relative to the stated estimates, GEOPARTNER INSPECTIONS A/S shall be entitled to invoice for any such extra time spent, regardless of the nature and payment form stated in the quotation.
4.4 Postponements in such scenarios shall not be considered as constituting a delay or breach of contract.
5. Fee and outlay
5.1 The fee and outlay shall be invoiced according to one of the following three models. The applicable model is stated in the specific agreement.
|I.||Fixed price incl. outlay|
|II.||Fixed price not incl. outlay. Any outlays will be invoiced separately|
|III.||Invoicing on the basis of time spent and outlays|
5.2 Invoices will be issued “on-account”, with a final amount invoiceable when the job is completed.
5.3 Hourly rates stated in the agreement for land survey technicians, survey assistants and land surveyors etc. are adjustable to those in the current version of the standard price list for GEOPARTNER INSPECTIONS A/S.
5.4 Expenses and fees payable to the state or to third parties shall be adjusted in respect of the regulations applicable to the expenses and fees.
5.5 Tasks are performed on weekdays, i.e. Mondays to Fridays between 07:00 and 17:00. For work outside these hours, a 50% surcharge will be applied to the aforementioned hourly rates for the first three hours of overtime. Additional hours will be subject to a surcharge of 100% of the hourly rate. For work performed on Sundays, public holidays and days off as stipulated in collective agreements, the surcharge will be 100% of the aforementioned hourly rates. Reservation is made for unforeseen circumstances, including changes to the law that result in significant amounts of extra work. Any such extra work will be remunerated according to time spent and in accordance with GEOPARTNER INSPECTIONS A/S standard rates at the time the work was performed.
5.6 Reservations are made for unforeseen circumstances, including changes to the law that result in significant amounts of extra work. Any such extra work will be remunerated according to time spent and in accordance with GEOPARTNER Landinspektører A/S standard rates at the time the work was performed.
6.1 Payment terms are 15 days from the date of the invoice. Late payments will be charged interest in accordance with the provisions of the Danish Interest Rates Act.
7.1 Unless otherwise agreed or required by law, electronic communications such as emails will be used to send messages and to process documents pertaining to the task.
8. Rights to and storage of data etc.
8.1 The rights of GEOPARTNER INSPECTIONS A/S to data etc. are adjusted pursuant to section 27 of ABR Simplified, unless otherwise stipulated in this provision.
8.2 Unless otherwise agreed, GEOPARTNER INSPECTIONS A/S stores data etc. for 90 days after delivery to the customer. GEOPARTNER INSPECTIONS A/S is also entitled but is under no obligation to store an anonymised version of the data for a longer period of time, including with a view to the analysis of data.
8.3 When data is delivered to third party software etc., GEOPARTNER INSPECTIONS A/S shall not be liable for any downtime, lost data etc. or inability to access such third party software.
9. Confidentiality and the protection of personal data
9.1 The customer shall maintain the strict confidentiality of all confidential information received from GEOPARTNER INSPECTIONS A/S in connection with the performance of the agreement. Unless the customer is legally obligated to provide information, the customer may not, without prior written consent from GEOPARTNER INSPECTIONS A/S, pass information to third parties or use it for purposes exterior to the agreement.
10.1 An attempt shall be made to amicably resolve all disputes between the parties. If this is not possible, disputes will be resolved as provided in Section J of ABR Simplified.
11.1 If a customer wishes to complain about Geopartner INSPECTIONS A/S services, the complaint should be submitted via Landinspektørnævnet (the Danish Land Surveyors’ Tribunal) .
Section B – Private customers
11. Consumer protection legislation
11.1 As a general rule, agreements concluded with customers acting in their capacity as private individuals, i.e. customers who are acting outside their normal business activities, shall be concluded in accordance with any statutory consumer protection legislation that may be applicable at any given time.
12.1 The liability of Geopartner INSPECTIONS A/S for errors and deficiencies in the performance of the agreed task shall expire in accordance with standard legal provisions for such expiry that may prevail at any given time.
13.1 An attempt shall be made to amicably resolve all disputes between the parties. If this is not possible, disputes shall be resolved using Denmark’s ordinary courts of law, unless the parties agree at the time of dispute that they will abide by some or all of the provisions of section J of ABR Simplified.
14.1 These business terms and conditions were most recently amended on 11/05/2020.