Valid from 01.10.2017 - otherwise general delivery conditions apply NL 09
All Varmeteknikk AS' (hereinafter referred to as VT) offers, sales and deliveries are governed by these terms of sale and delivery unless otherwise agreed in writing between the parties. In any case, the buyer's terms of purchase shall not be considered binding for VT.
All illustrations, drawings, descriptions, technical information and prices stated in catalogs, brochures, price lists and other promotional material etc. is to be considered indicative, and is subject to change without notice. The buyer bears the responsibility and risk that the technical data and the product as a whole fit the buyer's intended needs and use.
Drawings, technical descriptions, etc. which VT entrusts to another party, remains VT's property and must not be disclosed to or brought to third parties' knowledge without written consent.
Offers are valid for 60 days unless otherwise specified. Any offer is non-binding, and a binding agreement is not considered applicable until the order confirmation has been issued by VT.
All prices are net prices unless a special discount is stated in quotations, order confirmations and invoices. Prices based on goods purchases/production in foreign currency are subject to change if currency changes exceed 2% per offer date. The basic currency must be stated in the offer. Prices apply to EXW Oslo / Elverum unless otherwise specified in writing in quotation or order confirmation, and VAT is not included. EUR pallets and pallet frames are not included.
Transport/shipping is at the buyer's expense and risk in accordance with the current Incoterms EXW. VT accepts no responsibility for damages incurred during transport/shipping or for unloading at the agreed delivery point.
The specified delivery time is indicative, unless explicitly agreed on a fixed delivery time. Delivery time is offset if:
a. VT has not received the necessary technical data from the buyer.
b. Any down payment is not received.
The time of delivery is the day the item is shipped from VT or the supplier where the order is placed by VT. VT is not responsible for any exceedance of the indicative delivery time.
Payment must be made in full within 15 days of the invoice date, unless otherwise agreed in writing. If payment is not made before the due date, VT is entitled to delay interest from the due date in accordance with the Delay Interest Act.
Cancellation of orders can only be made with the written consent of VT. The buyer will be charged with all costs related to cancellation, including any cancellation fee from the subcontractor/manufacturer.
The invoice is set to the date the item is shipped from VT or manufacturer. For invoice amounts of less than net NOK 350,- excl. VAT, packaging and shipping, an additional handling fee of NOK 100,-will occur.
Varmeteknikk AS has the mortgage on the goods until the sales price plus any interest and costs have been paid, cf. The Mortgage Act of 8/2/1980.
Upon delivery of the item (s), the buyer shall promptly inspect the item (s). If errors or deficiencies are detected, the buyer shall immediately notify VT in writing. Likewise, the recipient must make a note on the driver's consignment note. Compensation for promotional goods is invoiced as a normal order. The supplier will assess the eligibility of the complaint, and possibly issue a credit note on the value of the advertised item or parts thereof. VT reserves the right to correct the goods or replace the goods with a corresponding new item. Before any repair of timely advertised goods can start, the buyer has to make an agreement with VT regarding who will do the repair.
Items that are not normally stocked by VT, or ordered specifically to buyer's specifications, cannot be returned. Any return of other goods can only be made by agreement with VT, and requires that all the following conditions are met:
a. The item is unused, clean and undamaged (also applies to any packaging)
B. The item is returned within 3 months from the invoice date.
All transport/shipping in connection with the return is at the buyer's expense and risk. Upon return, the sender is charged a return deduction of 20% of the net invoiced price, unless otherwise agreed in writing. Shipping is not credited.
Unless otherwise specified in writing, the warranty period is 24 months from the date of delivery. The warranty covers defects in materials and workmanship and is limited to free repair and replacement of parts. Warranty liability lapses if:
a. The product has been tampered with without the seller's consent
b. Payment terms are not met
c. The product is damaged as a result of improper treatment
d. The item is not installed according to current regulations and instructions
Wear parts are not covered by warranty.
VT is not responsible for any indirect losses. These include indirect losses, including, but not limited to, losses due to extra work, lost profits, lost sales, lost expected savings, losses due to damage that the delivered products inflict on other material or other property, loss of use and claims from third parties.
The buyer cannot terminate the agreement (including canceling the purchase, demanding a price reduction or compensation) if the delay is due to circumstances beyond VT's control and possibility of averting.
Any dispute between the buyer and VT relating to the content of these terms and conditions of sale, including agreements entered into in connection therewith, shall be resolved by arbitration - cf. Act on Mediation and Litigation in Civil Disputes (Dispute Act). If this does not solve the case, the dispute shall be resolved under Norwegian law through ordinary court proceedings with the Oslo District Court as the venue.