TERMS AND CONDITIONS OF SALE AND DELIVERY
- INTRODUCTION AND PRIORITY
These terms of sale and delivery take precedence over other terms of delivery to the extent that they are not expressly deviated from by written agreement between the parties.
THE CORONAVIRUS (COVID-19)
The new KORONAVIRUS (COVID-19) and its potential development, scope and unpredictability, may affect the Seller’s fulfillment of its obligations: In the event that the Seller’s fulfillment of its obligations is delayed, prevented, made difficult or particularly costly due to
or as a result of COVID-19, the Seller disclaims responsibility for delayed and / or non-fulfillment of its obligations until the time when such fulfillment is again possible and or if a fulfillment can be carried out without such obstacles for the Seller. Seller’s reservations include all direct and indirect consequences of COVID-19, including that Seller’s workforce should be affected by COVID-19, e.g. in the form of quarantines, travel restrictions or the like
circumstances, or if the Seller is reasonably unable to purchase or deliver the products, which have been ordered, or in the event of price increases due to or as a result of COVID-19.
- OFFER – PRICES
The Seller’s offer is valid for 30 days after the offer has been sent from the Seller, unless otherwise specified in the offer. All prices are specified with and without VAT and other public taxes, unless otherwise specified. The Buyer is responsible for checking that the Seller’s offer is in
in accordance with the Buyer’s purpose. We reserve the right that goods offered from stock may have been sold in the period between offers being given from Seller to Buyer’s acceptance. Offers made by Seller are linked to a specific request, and Seller reserves the right to revise its offer if originally
request changes in terms of products, quantities, type of material and specifications.
If offers are made from the offer to delivery takes place changes in exchange rates, shipping costs, customs rates, insurances, import costs, fees or prices from subcontractors, the Seller has the right to revise the offer accordingly. Reservations are made with regard to the assessment of the amount limit for credit (credit limit). Credit limit will be assessed by the Seller in relation to the size and duration of the order and is seen in connection with other ongoing purchases from the Seller and agreed payment terms. The boundary must be clarified between the parties if the offer is otherwise accepted. It may then be relevant that a payment security must be established for all or parts of the delivery.
The offer applies to general merchandise. If the Buyer wants a special quality, or goods that deviate from standard deliveries, the Buyer must specify this when ordering. Unless otherwise agreed in writing, the Seller is not responsible for any part of the design, for the use of the item, or for the item’s compatibility with other products unless this is specified in the product’s user manual or data sheet.
The buyer is not entitled to cancel and / or terminate the agreement unless the seller agrees to this.
- INVOICE DATE
The invoice can be dated the day the item is sent or picked up from a warehouse or production site / plant.
- TERMS OF PAYMENT
Seller’s standard payment terms are net 15 days unless otherwise agreed. For delivery time over 45 days in advance, or order value of 500.000NOK/50.000 EUR/75.000 CAD or more, 30% will be invoiced when ordering and the remaining 70% upon delivery. If the payment deadline is exceeded, the Buyer is obliged to
pay default interest in accordance with the Late Payment Act. The Seller may also charge the Buyer a reminder fee in accordance with the Debt Collection Act. Invoicing takes place per project, the same applies to collection in the event of default and debt collection. The buyer’s complaint due to insignificant defects does not exempt him from timely payment. In the event of the Buyer’s legitimate complaint about parts of a delivery, the undisputed part of the delivery shall be paid in accordance with the agreement. Payment must be on seller’s account no later than the due date.
The Seller chooses transport and mode of transport at its best discretion, unless the Buyer has made a request for a specific transport route and / or mode of transport. The buyer is responsible for the goods during transport. Shipping is charged to the Buyer unless otherwise agreed in a separate shipping agreement. The risk for the item is transferred from the Seller to the Buyer when the item is considered delivered.
- INSURANCE OF GOODS DURING TRANSPORT
The seller uses an external charterer and is insured through the charterer who performs transport assignments. We refer to Incoterms 2020 DAP (Delivered at place)
- the seller delivers when the goods are made available to the buyer and when the transport arrives at the agreed place.
- Formal delivery from seller to buyer: At the agreed place of delivery but unloaded and customs cleared.
The seller also has a transport insurance that goes beyond the carrier’s insurances (The carriers’ liability for goods they transport is limited to approximately NOK 200 per kilo)
- DELIVERY DATE – DELAY
Delivery date is specified in the order confirmation sent to the buyer by agreement between Seller and Buyer.
Delivery shall take place in accordance with the agreed delivery time. Any delays from the subcontractor and / or manufacturer shall not be the responsibility of the Seller. The Seller shall not be liable for delayed delivery due to circumstances for which the Buyer is responsible, including cases where the Buyer within the agreed time limit (i) has not paid or provided sufficient security, (ii) has not provided the Seller with necessary technical information, (iii) has not possibility to receive shipment of goods at the agreed time or (iv) where the Buyer demands a change of
order that may affect delivery date. If the Seller arranges for storage as a result of delayed delivery for which the Buyer is responsible, the Buyer shall cover the costs and bear the risk of such storage.
The buyer is obliged to complain in the event of a delay within seven days after the agreed delivery should have taken place. If the delay results in a documented financial loss for the Buyer, the Seller’s liability in the event of timely advertised delayed delivery of stocked goods shall be limited to a daily fine in accordance with this provision. The daily fine shall amount to 0.25% of the value of the delayed delivery excluding VAT. per commenced week, from and including the week the Seller has exceeded the agreed delivery time.
The total daily fine for delay shall not exceed 7.5% of the value of the delayed delivery, including VAT. The buyer can only cancel the purchase in the event of a significant delay. In the event of cancellation, the Buyer is not entitled to compensation beyond the daily fine, cf. the previous section.
- CHECK ON RECEIPT OF THE GOODS
Upon receipt, the Buyer shall check that the item is in accordance with the agreement and can be fully used for the Buyer’s purposes. The item must be examined against any packing slip. Examination shall take place in a responsible manner based on what can be expected based on the nature of the product and the form of delivery. The inspection must be carried out before the item is resold, assembled or otherwise used. The Buyer is responsible for ensuring that all technical data and the product in its entirety are in accordance with the Buyer’s needs and requirements.
Returns of contractual goods are only accepted by further agreement with the Seller, which the Seller may refuse on a free basis. Items accepted accepted by the Seller must be in the same condition as wood
delivery, and in original packaging where this is used for the product. Items of the same type must be sorted in the same way as for delivery. If the return is accepted by the seller, a minimum 20% return fee must be expected. Shipping costs related to accepted returns will be charged to the Buyer.
Complaints about defective goods must be made in writing. Complaints regarding
- a) transport damage or shortage in the number of packages shall occur immediately upon arrival of the goods and shall be addressed to the carrier. Such a complaint is documented by endorsement on the consignment note / document.
- b) shortages in the contents of packaged goods shall occur immediately and no later than 8 days after arrival with a specification of the deviations: and
- c) defective goods must be delivered as soon as possible and no later than eight days after the defect is or should have been discovered, but not later than one year from delivery. The buyer is responsible for the item being stored in a safe manner until the complaint has been clarified.
- SELLER’S LIABILITY FOR DEFECTS
If the item has a defect and the Buyer complains within the deadlines in point 12, the Seller can choose whether the defect is to be remedied by re-delivery or correction. The Buyer shall not rectify errors / defects until this has been clarified with the Seller. The seller shall in any case not be responsible for re-delivery or correction of the goods at / to a place other than the original place of delivery. If the defect is not remedied within a reasonable time from the time of the complaint, the Buyer may demand cancellation if the defect is significant. The seller is not liable for damage or loss as a result of the reuse of the product or for consequential liability such as labor costs, daily fines, damages, replacement costs, rental losses or for damage caused by the product to person or thing, unless the damage or loss is due to defects in the product. brought back to intent or gross negligence on the part of the seller’s management.
The seller does not invoice packaging.
- SALES PLEDGE
The seller has a sales lien on the delivered goods until the purchase price with the addition of interest and costs has been paid, cf. the Pledge Act § 3-14.
- FORCE MAJEURE
Seller cannot be held responsible for defects or delays due to circumstances beyond Seller’s control, including, but not limited to, local or nationwide labor disputes, fire, war, viruses or other serious computer attacks, military uprisings, seizures, currency restrictions, riots, defects on means of transport (closed roads / train connections etc.), general shortage of goods, disposal of large workpieces, lack of manpower or restrictions on power supply.
The Seller shall notify the Buyer of such conditions and the consequences thereof within a reasonable time.
Employees at the Buyer will be able to order products and services through several channels, where personal information (name, telephone and e-mail) to employees at the customer is registered to complete the purchase. The seller is responsible for processing.
These terms of sale and delivery and any dispute that may arise between Buyer and Seller are subject to Norwegian law. Disputes between Buyer and Seller shall be resolved through negotiations. If such negotiations do not succeed, each of the parties can seek resolution of the dispute in ordinary courts. In the event of a lawsuit, the Seller’s ordinary venue is decided by both parties.