Terms and Conditions for KabelChristensen ApS
Validity:
The General Terms and Conditions dated 09-08-2023 supersede all previous versions and apply in the absence of any other written agreement regarding consultancy services provided by KabelChristensen ApS, or as a supplement to any consultancy agreement entered into with KabelChristensen ApS.
Consulting:
KabelChristensen ApS provides architectural consultancy services in accordance with ABR18 Simplified (Forenklede almindelige bestemmelser for teknisk rådgivning og bistand – ABR Forenklet), including the additions and deviations specified in these General Terms and Conditions.
KabelChristensen ApS does not provide legal advice. Such services must be procured and coordinated independently by the client as a supplement to the services delivered by KabelChristensen ApS.
Requests from the client regarding specific consultancy services shall not be deemed binding unless KabelChristensen ApS has explicitly accepted such services in writing as part of its agreed scope of consultancy.
KabelChristensen ApS does not warrant or guarantee that the client will obtain the desired coverage, claim acceptance, or legal outcome as a result of the consultancy services provided. This includes, but is not limited to, the outcome of disputes, claims, or damages involving third parties such as insurance companies, developers, contractors, consultants, or private individuals, for which KabelChristensen ApS has been engaged to provide advisory services — including expert assessments, insurance matters, contractual disputes, or technical reviews.
Fees:
In the absence of a specific agreement with KabelChristensen ApS, services will be invoiced based on time spent and expenses incurred in accordance with ABR18 Simplified (Forenklede almindelige bestemmelser for teknisk rådgivning og bistand – ABR Forenklet).
The hourly rate is DKK 1,200 excl. VAT (DKK 1,500 incl. VAT).
Reimbursable expenses:
1. Travel: Mileage is reimbursed at the official government rate plus VAT.
2. Production Costs: Costs for physical models, reproduction and duplication of drawings, specifications, photographs, and other materials related to the project, as well as fees for necessary certificates and approvals, will be invoiced with a 10% administrative surcharge (excl. VAT).
3. External Costs: Costs related to external consultants, sub-consultants, and suppliers will be invoiced based on actual time and expenses in accordance with ABR18 §23(7) Simplified. A minimum hourly rate of DKK 1,200 excl. VAT applies regardless of procurement price. If external hourly costs exceed DKK 1,200 excl. VAT, they will be invoiced with an additional 10% administrative surcharge (excl. VAT), unless a fixed hourly rate has been agreed in writing for the relevant external consultants, sub-consultants, or suppliers.
Payment terms & disbursement of fees:
Consultancy services are invoiced based on time spent and reimbursable expenses in accordance with ABR18 Simplified.
Fees are calculated according to actual usage and invoiced monthly.
The payment terms are 8 days from the invoice date.
In the event of late payment, interest will be charged in accordance with the Danish Interest Act (“Lov om renter”).
No deductions, offsets, or withholdings may be made from the invoiced amounts without prior written agreement.
Copyright/rights:
The client is entitled to use the material prepared by KabelChristensen ApS exclusively for the specific assignment.
KabelChristensen ApS retains all rights and intellectual ownership of the material and ideas developed in connection with the assignment.
The client may publish the material prepared by KabelChristensen ApS, subject to the following conditions:
1. KabelChristensen ApS must be credited by name.
2. The publication must specify the project and assignment for which the material was developed, including relevant terms of use.
3. Prior to any publication, KabelChristensen ApS must be presented with the intended form of publication and must provide written approval.
Delivery:
The delivery timeline for the assignment is indicative and non-binding unless otherwise agreed in writing.
KabelChristensen ApS reserves the right to claim an extension of time in accordance with ABR18 Forenklet §28
for example, if delays are due to changes in the scope of the assignment, missing deliveries from third parties, force majeure, or similar circumstances.
Liability:
KabelChristensen ApS’s liability is limited to twice the paid fee. However, regardless of the number of damages, the total liability shall not exceed DKK 2,500,000 including VAT for the entire assignment, unless otherwise agreed in writing.
If a different written agreement has been made regarding liability, the maximum liability shall correspond to the coverage specified in the insurance policy, cf. section ” professional liability insurance information “, or alternatively a separate project-specific professional indemnity insurance may be taken out at an additional cost.
The client assumes responsibility and risk for compliance with the agreed time schedule, quality standards, and financial framework, unless otherwise agreed and explicitly accepted in writing by KabelChristensen ApS.
KabelChristensen ApS shall not be held liable for damages or losses, including operating losses, loss of profit, data loss, or any other direct losses caused by errors, omissions, or deficiencies (including those that are impossible to remedy) in relation to the advisory services performed by KabelChristensen ApS or by its cooperating partners on the project.
Claims may only be raised against KabelChristensen ApS and not against its management or employees personally.
The liability period expires 5 years after completion of the assignment.
If the client is a private consumer, the liability period expires 10 years after completion of the assignment in accordance with the Danish Statute of Limitations (“forældelsesloven”).
Personal data:
Processed in accordance with applicable legislation and the KabelChristensen ApS GDPR policy, which can be accessed and read here: GDPR policy.
KabelChristensen ApS – professional liability insurance information:
Insurance Provider: Tryg Forsikring A/S
Policy Number: 670-8.052.114
Coverage limits:
Personal injury: DKK 12,500,000 incl. VAT
Property damage: DKK 5,000,000 incl. VAT
The insurer’s total liability per insurance year: DKK 17,500,000 incl. VAT
Disputes:
Any disagreements or disputes arising from advisory services provided by KabelChristensen ApS must first be attempted resolved through amicable negotiation between the parties. If no agreement is reached, the dispute shall be settled in accordance with the provisions of ABR 18 Forenklet, Chapter J (via the Danish Building and Construction Arbitration Board – Voldgiftsnævnet).
The Danish version of these terms and conditions shall prevail and be legally binding at all times. In the event of any discrepancy, inconsistency, or conflict between the Danish version and any translation, the Danish version shall take precedence and be the sole authoritative text.