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1. Deliveries are subject to the following conditions, which are explicitly acknowledged and accepted by the buyer. These conditions cannot be separated from our quotations and order confirmations. The buyer's general conditions of purchase and sale are applicable only if we have given our written approval.
2. All orders must be confirmed in writing. They only become binding after our written confirmation. A quotation does not imply the obligation to deliver.
3. The stated term of delivery is observed as much as possible, but we cannot be held liable for it. Events outside our control such as frost, strikes, fire, interruptions of transport, etc., which impede the normal operation of our factories, will relieve us temporarily from all obligations to deliver.
3.1. Unless agreed otherwise in writing, the goods are delivered ex factory.
3.2. The transport of goods is always at the risk of the buyer, whatever the means of transport.
4. The buyer must receive and inspect the goods immediately. Complaints concerning visible defects will not be accepted if they are not received within 8 days following delivery.
4.1. All complaints concerning hidden defects of the products supplied must immediately be submitted in writing to Nivapol, at the latest 10 calendar days after learning of these complaints concerning the quality of these products and/or the discovery of the defects to these products, and this by way of registered letter. The date of receipt by Nivapol is binding.
5. Once this term has expired, complaints will no longer be allowed and there will be no more possibility to claim compensation from Nivapol for the consequences of any kind of defect whatsoever, including the consequences therefore of hidden defects.
6. In the event that the liability of Nivapol could be invoked for such damage as a result of the application of mandatory provisions, Nivapol has a right of recourse of indemnity to the account of the person in default.
6.1. All claims submitted to Nivapol must state, insofar as possible, the correct identity of the products supplied and of the nature of the defects or damage claimed. To be allowed, all claims must mention the numbers on the packaging.
6.2. The colours of our products are stated according to our standard; slight variations are always permitted.
6.3. The guarantee of Nivapol with regard to its products is only valid insofar as it is proven that its products were used according to the guidelines and advice issued by Nivapol, and in particular, insofar as it is proven that:
7. The products were used for the work for which they are intended and in accordance with the application manual. The user is considered to know the contents of the application manual; if this is not the case, he must consult Nivapol prior to starting the application.
8. The products were not affected by chemical substances or damaged by mechanical influences.
9. The substrate on which the product is applied is clean and suitable, and structurally not subject to any working or movement.
10. The products were used before the date of expiry and were correctly mixed according to the application manual.
11. The products were stored and handled expertly, that is, free of frost, dry, not in the open air, and not in unsuitable containers or tanks.
12. In case of injudicious use, or if the customer has not observed the necessary care or caution, as mentioned above, the liability of Nivapol will be limited to its legal obligations with regard to third parties. In this case, Nivapol has a right of recourse of indemnity to the account of the person or persons in default.
12.1. The buyer's recommendation of our products and the application of our products by the buyer or his customers must be done exclusively according to our application manual.
13. It falls outside Nivapol's area of responsibility to check whether these obligations are observed, therefore, by the fact of purchasing the product, the buyer and his customer will bear the sole responsibility for observing these obligations, so that it will not be possible to claim compensation from Nivapol in this respect.
13.1. Nivapol guarantees the quality of its products for a period of 1 year after their application. In case a complaint about the quality of the products proves to be justified, the customer has the right to demand either replacement of the product or reimbursement of the selling price, including the cost of transport, taxes, etc., at the discretion of Nivapol. In no case will it be possible to hold Nivapol liable for indirect damage, including consequential loss.
14. Barring a written agreement to the contrary, invoices are paid in cash, within 30 days following the date of invoice, without any discount or reduction for whatever reason. When goods, which are part of one and the same agreement, are delivered separately or partially, they will be invoiced separately. The terms of payment of the original agreement are applicable to these invoices. Discount and bank charges are always to the account of the buyer.
15. In case of late or non-payment, an interest will be due of 3% per month starting from the due date of the invoice, by operation of law and without notice of default.
16. Additionally, in case of non-payment or if the term of payment is exceeded, compensation will be due of 3% per month, by operation of law and without notice of default, for the inconvenience this causes to the seller and the administrative expenses incurred in this respect.
16.1. All payments must be made by means of a cheque or by means of a bank transfer to the account number supplied by Nivapol.
16.2. Our agreement to whatever other means of payment, including a bill of exchange, does not imply a notation, nor does it affect the stipulations above.
16.3. As long as the payment of the principal sum, the interests and charges has not been done in full, or in case there is still an amount on the current account between Nivapol and the buyer which remains to be settled, the products supplied by Nivapol, to which the unpaid invoice refers, remain the property of Nivapol.
17. The same holds for all other goods which are still in the possession of the buyer in case there is a system of current account between Nivapol and the buyer.
18. Danish law governs the general conditions of sale and delivery, as well as all contracts, which are issued from it or refer to it.
18.1. In case of dispute concerning the above-mentioned agreements, the Court of Copenhagen, Denmark, is exclusively competent.
18.2. In the course of a dispute, Nivapol reserves the right to request the securities which it considers necessary.