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STANDARD TERMS OF SALE FOR ETM4U AS
STANDARD TERMS OF SALE FOR ETM4U AS
These terms of sale apply to all deliveries from ETM4U AS (seller) to the buyer (customer), unless otherwise agreed in writing.
In addition to these sales and delivery terms, the Common Nordic terms of delivery, NL 92 apply, which supplement ETM4U AS 'terms of sale and delivery. In the event of conflict or other discrepancies, between the terms of sale and delivery and NL 92, ETM4U AS has the terms of sale and delivery priority.
The prices are indicative net prices excluding VAT, freely delivered to the carrier. We reserve the right to change prices without prior notice, as these are often dependent on exchange rates and international commodity prices, etc.
All offers are non-binding. Agreement is only entered when ETM4U's order confirmation is present.
Offers are valid for 30 days unless otherwise agreed. For package deals, the prices do not apply if one or more components are removed from the package offer.
The delivery is usually from stock. For goods that are not inventory goods, the delivery time is unconditional as we depend on our subcontractors, and we take no responsibility for the consequences of any delays. Delayed delivery alone does not entitle to cancellation.
Seller is not under any circumstances liable for any loss or indirect loss which is due to delay.
- Shipping, packaging:
The shipment takes place at the buyer's expense and risk (EXW Ex Works in accordance with Incoterms, 2010). Other delivery terms must be agreed in writing and confirmed by us in each individual case. Regular paper packaging is included in the price. If special packaging is required, this is calculated as a cost.
Complaints must be made in writing without undue delay, and no later than 8 days after the goods have been received.
All returns must be agreed in advance, and no later than 8 days after the goods have been received. Returns are at the buyer's expense and risk. Vendible goods in good condition, in the original packaging, attached invoice copy or parcel note and marked with our contact person, are credited at full price if the return is due to the Seller. If the request for return of goods is due to circumstances at the buyer, the return must be confirmed in advance in writing by ETM4U AS. In such a return, credit amounts are agreed in each case.
The seller is not obliged to accept such return.
The seller guarantees the goods delivered to the extent that our subcontractors' warranty provisions cover the defects of the delivered goods and within the deadlines specified by the supplier. Our responsibility is limited to providing repair or replacement of delivered goods. Warranty repairs are performed free of charge when the item is returned to our warehouse free of charge.
Our and our subcontractor's obligations will lapse if there is demonstrable intervention in the goods, or if the customer does not promptly pay or meet their obligations, or if the error is due to improper handling.
The seller delivers a flawless, functional product in accordance with our subcontractors' current specifications. In the opposite case, the buyer should give us reasonable time to fulfil the delivery. We do not take responsibility for any damage or loss which may be caused directly or indirectly due to faults or defects in the goods, including consequential damages. The seller's total liability (for delays and deficiencies, etc.) is in any event limited upwards to the cost of the goods.
- Cancellation of booking:
Orders cannot be cancelled or changed without our written consent.
Net pr. 15 days from invoice date for customers with account if no other credit period is agreed. Cash discount is not granted. In case of late payment, delay interest and renting fee will automatically be charged according to. “Forsinkelsesrenteloven” (LOV-1976-12-17-100) (part of the Norwegian law. https://lovdata.no/dokument/NL/lov/1976-12-17-100)
In the event of non-payment, we reserve the right to terminate the credit agreement for all balances with immediate effect.
- Sales mortgage:
Delivered goods remain the Seller's property until they are paid in full according to “Panteloven” (part of the Norwegian law. https://lovdata.no/dokument/NL/lov/1980-02-08-2)
- Limitation of Liability:
The seller cannot be held liable for any indirect loss such as loss of production or loss of income that is inflicted on the customer or third party or for damage of any kind on the person, property or property of the customer or third party for whatever reason, due to inadequate delivery or defective execution of other obligations as expressly imposes on the seller in accordance with these general terms of delivery or other written agreement. The customer shall indemnify the seller and defend the seller for any claim directed at the seller in connection with damage to the person, property and goods that have been inflicted on the customer, his employees or third parties. Any assistance to the purchaser beyond the above-mentioned obligations is to be considered as advisory and should not under any circumstances be liable. Reservations are made for any errors and omissions on our website.
- Force majeure:
Delivery delay due to events beyond our control relieves us of all liability. We cannot, therefore, be responsible for any purchaser's agreements with third parties regarding any claims for damages due to them. Delayed or incorrect delivery, manufacturing defects etc. if we have not made a special agreement on this.
- Governing Law and local courts:
Common Nordic terms of delivery, NL 92, apply to the extent that they are not deviated from by the prevailing usual sales, offer and delivery terms. Any dispute between the Seller and the Buyer shall be settled in accordance with Norwegian law with the Oslo District Court as the venue. The seller nevertheless has the right, in each case, to demand that disputes be settled by the buyer's local court or by arbitration in accordance with Chapter 32 of “Tvisteloven” (part of the Norwegian law. https://lovdata.no/dokument/NL/lov/2005-06-17-90)