General Terms and Conditions of Sale and Delivery
1.1 These General Terms and Conditions of Sale and Delivery shall apply to all sales and deliveries from Sterner AS, hereinafter referred to as the “supplier”, unless otherwise agreed in writing. In addition, terms and conditions in accordance with NS 8405 (Norway) and ORGALIME SI14 (exports outside Norway) shall apply.
1.2 Place of delivery is by default Ski, Norway, and prices and quotations are exclusive of packaging and VAT, unless otherwise agreed in writing.
1.3 Delivery is at the buyer’s expense and risk. Supplier is not obliged to take out insurance for the goods consignment unless expressly agreed in advance. Supplier will by default chose the mode of transport unless otherwise agreed.
1.4 Delivery of the net invoice value less than NOK 1500 will be charged an administration fee of NOK 100 per invoice, unless:
a) The product is picked up directly from the supplier’s storage facility and paid cash by the customer.
b) The goods are sent as cash on delivery. Postage and fee will be charged in accordance with the carrier’s rates.
2. PRICES / DELIVERY TIME
2.1 Offers are valid for 30 days from quotation date unless otherwise agreed. Offers are not binding until the supplier’s order confirmation is signed. Delivery time is estimated in relation to our subcontractors stated delivery times. Supplier is not responsible for delays in delivery caused by subcontractors, transporters of goods or other unforeseen reasons. Delivery time is only guaranteed if expressly written in the Agreement.
2.2 Prices in the supplier’s offers are based on current material prices, tariffs, currency exchange rates, applicable taxes and salaries, and the supplier reserves the right to adjust prices to changes in these. Where quotation is not available, the date of order confirmation is the valid date.
2.3 a) Offer and price lists are indicative, i.e. the supplier is only bound to a purchase order or sales agreement if it is confirmed in writing. Exceptions are offers with specified validity date where the order is provided to the supplier before the expiry date. b) Supplier shall retain all rights to data provided in the offer. The same applies to models, samples, materials, drawings and manuals. c) The offer must not be copied or redistributed without permission in writing.
3. PAYMENT AND OWNERSHIP
3.1 Invoices shall be paid 21 days net from the invoice date unless otherwise agreed. Interest will be charged after exceeded due date.
3.2 Supplier reserves the lien on the delivered goods until these are fully paid according to the Norwegian mortgage legislation (LOV 1980-02-08 No. 02) paragraphs listed from § 3-1 to and including § 3-22, interest and charges will be applied according to current rates, when the payment exceeds due date. Goods that are inherently lien may not be sold to another party until it has been fully paid.
3.3 All CE marked products are subjected to an environmental fee of 1% in addition to the price, unless otherwise agreed.
4. CANCELATION AND RETURN
4.1 Delayed delivery does not entitle cancellation of the order unless the agreed delivery time is exceeded by at least 60 days.
4.2 Cancellation will not be accepted unless a special approval is given by the supplier. The buyer is responsible for covering all costs of cancellation, with exception to section 4.1.
4.3 Return of the delivered goods will only be accepted after prior agreement. Special deliveries of products will not be accepted returned. Return costs will be charged to the buyer. All returns shall have a reference to order number or invoice number.
5. QUALITY / DRAWINGS / TECHNICAL INFORMATION ETC.
Goods that are not ordered as standard or by specified quality requirements is supplied without liability for special quality requirements. Illustrations, drawings and technical data, such as weight, dimensions, volume, performance, power requirements, etc. in catalogs, brochures and other promotional materials are serve only guidance and should not be considered as final or binding. Binding technical data for a delivery shall be confirmed in writing by the supplier. Technical data, drawings, etc., that has been confirmed binding may have been calculated based on underlying conditions that diverge from the actual conditions at the buyer’s. Technical data that is explicitly guaranteed in the Agreement, must be understood with the tolerances that are customary or common in accordance to standards for the type of goods/delivery. Buyer assumes the risk that the technical data and all other aspects of product is suited to the byer’s needs. The supplier’s responsibility regarding technical advice and service is only for negligence inflicted by the supplier’s own technical advisors / service technicians. All products must be used in the manner intended and as recommended by the manufacturer / supplier, and in accordance with the operating instructions. Any liability of the supplier will cease to apply if maintenance/rapier etc. is provided by unauthorized service personnel and/or use of unapproved parts for upgrades / maintenance or assembling of equipment.
RESPONSIBILITY AND WARRANTY
6.1 Warranty period is 12 months from delivery unless there are faults with product or work performed by the supplier or work performed on behalf of the supplier that has been approved by the supplier.
6.2 Supplier accepts no liability for any loss, damage, inconvenience or consequential damage caused by the delivered material / goods.
6.3 For delivered materials / goods, the supplier is assigned responsibility when the customer submits a claim request without undue delay. Supplier reserves the right to rectify the defect, or replace the item if it is appropriate. Customer may not demand compensation for labor or other costs in connection with the repair of any defects.
6.4 Other liabilities than those stated above will not accepted by the supplier and supplier is therefore not liable for any damage to the delivered goods caused by improper installation, when the installation is not performed by the supplier, or any damage caused by improper use of the products.
6.5 Supplier is not in any respect responsible for and has no obligation to pay for repairs initiated by the buyer without the supplier’s consent.
6.6 Transportation expenses for disassembly and assembly in connection with any guarantee work is not covered by the supplier.
6.7 Complaints claims are only valid if the buyer has fulfilled his obligations to the supplier.
6.8 The customer is responsible for checking / testing that the system works as intended after service / installation.
6.9 Fire and explosion can occur if oxygen or oxygen equipment comes in contact with oil, grease, wood or other organic materials. This may be provoked by a spark, high pressure or electric charge. Ensure good ventilation and eliminate sources in the nearby environment that can produce fat / organic vapors. Oxygen equipment must therefore be degreased before use and must not be subjected to oil, grease or lubricants. Apply only equipment and materials approved for oxygen. Valves must be opened and closed slowly. Equipment designed for oxygen requires regular inspection by qualified personnel.
7. FORCE MAJEURE
7.1 The supplier is not liable for the consequences of force majeure. Buyer and supplier can fully or partially cancel the contract if these conditions are permanent. If conditions are temporary, both parties can claim the delivery time delayed. If the supplier’s subcontractor performs a termination of any kind, the supplier has a corresponding right to the buyer. If either party wishes to invoke force majeure, he shall without undue delay, notify the other party.
8 CONTROL OF RECEIVED GOODS
8.1 Buyer shall verify receipt of the goods against any bill, and examine the goods properly, depending on kind of goods and delivery terms. Complaints must be done in writing and within 3 days after delivery. Transport damage must be noted on the carrier’s copy of the waybill and promptly reported to the carrier and the supplier.
9.1 If the buyer fails to perform his obligations properly or in time, it is the supplier’s choice whether he will cancel the contract in whole or partly – or postpone fulfillment. The same applies to bankruptcy, payment absence, if the buyer is under guardianship or termination of the business.
10.1 In all conflicts, the Norwegian laws are applicable, and the case goes through the Norwegian court, at Follo District Court in Norway.