1 INTRODUCTION
These terms and conditions of sale and delivery apply unless otherwise agreed in writing between the parties. The Buyer’s alternative conditions only apply if these are accepted in writing by the Supplier.
NL 17 , (General conditions for the delivery of machinery as well as other mechanical, electrical and electronic equipment in and between Denmark, Finland, Norway and Sweden), applies in addition to these conditions unless otherwise agreed in writing.
NL 17 will be invoked along with the current conditions. In the event of a conflict with NL 17, the current terms of sale and delivery take precedence.
2 PRICES
The prices of the order confirmation/offer are stated in NOK and are exclusive of VAT.
Prices are based on the date of the order confirmation/quote. If prices change from suppliers, shipping, insurance costs, customs duties and other taxes, exchange rates and commodity prices in the period up to delivery/invoicing, the Supplier may regulate the prices to fully compensate for this.
Orders of less than NOK 5,000 (ex VAT) or the minimum amount determined at any given time by HERDE INDUSTRIER («Minimum Amount») will be subject to a fee of NOK 325,- (ex VAT) or any other fee that is determined and charged by HERDE INDUSTRIER AT ANY TIME
The supplier is otherwise entitled to make annual price adjustments as of January 1st.
3 OFFER DURATION
Quotations are valid for the specified time period. If no time period is expressly stated, the offer shall be deemed valid for no more than 90 days from the date of the quotation.
4 PAYMENT CONDITIONS
Payment must be made as of 30 days from the invoice date. In case of late payment, the Supplier is entitled to demand interest on late payment from the due date in accordance with the Late Payment Act.
The Buyer does not have the right to adjust the purchase price as a result of claims against the Supplier.
5 TAKEOVER
Delivery shall be made in accordance with the applicable INCOTERMS, where delivery takes place in accordance with the FCA unless otherwise agreed separately.
The responsibility for the Delivery passes to the Buyer at the time of the takeover. Costs of transport, insurance and customs etc. that the Supplier advances will be required to be covered by the Buyer.
The buyer is not entitled to a conventional fine/ daily penalty in the event of delay due to issues with transport, insurance, customs, etc.
The Buyer is obliged to investigate any delay of the Delivery after the takeover.
Full and final documentation will be provided, assuming that buyer has settled his outstanding account in full.
6 DRAWINGS AND DOCUMENTATION
The supplier has ownership and copyright to drawings and other documents that are handed over/made available to the Buyer.
Drawings and documentation in brochures and promotional materials are the reserved property of the supplier unless included in the order confirmation or agreement document.
7 MISSING / WARRANTY
The buyer is obliged to inspect the item upon receipt. Obvious deficiencies must be declared within 8 days of receipt. Defects that can only be detected after installation and test driving must be declared as soon as they have been confirmed. The right to claim for a defect will lapse unless the buyer has declared the defect within 1 year of delivery. In the event of defects that can be returned to HERDE and which occurred at or before the time of delivery, HERDE will correct the defect, bearing all costs incurred, and make a re-delivery or give a price discount. In such a situation, the Buyer does not have the right to default on the contract.
Standardly, our warranty provisions apply to new products in the event of complaints.
Remediation/rectification requires that the Buyer has complied with all of his payment obligations, that the delivered goods are operated in accordance with the instructions for use, the operating manual and that there is a valid service agreement with the Supplier from the takeover.
8 RETURN
All return of goods/materials shall be agreed in writing in advance, and shall take place at the Buyer’s expense and risk. Otherwise, the Buyer is not entitled to the return of goods/materials.
In the event of a return agreement, the amount credited to the Buyer is stipulated. In the case of inventory, a return fee of 20 percent of the Delivery’s gross price is taken into account at the time of sale. Other contractual deliveries are only returned if the contractor has the right to return according to the manufacturer, taking into account the Supplier’s and manufacturer’s return fees.
Together with the item itself, the following information is required: (1) which case officer the return has been agreed with (2) an invoice number the item was shipped under, (3) the invoice date and (4) the reason for returning the item.
Returned goods should be unused and in the same condition as on delivery, and in the original packaging. The return address must be entered by the Supplier before return is initiated. Settlement takes place after the Supplier’s review of the returned goods/materials.
9 LIABILITY
In any event, any liability for HERDE shall be limited to only directly documented losses resulting from the negligence of HERDE. The liability does not include consequential or indirect losses, such as loss of production or revenue, loss of profits on resale or any other type of consequential loss. In any case, the maximum liability is limited to the value of the delivered item.
10 INSURANCE
The Supplier has liability insurance that covers liability for damage and financial loss. The Contractor may claim against the Buyer or third party person or other factor in connection with the content of the contract.
Further terms and conditions are stated in insurance certificates. The Buyer may request an insurance certificate with stipulated terms and conditions.
12 ASSIGNMENT
Rights and obligations under this Agreement cannot be assigned to third parties without the written consent of the principal party.
13 ORDERED ITEMS/ SUPPLIES
cannot be returned and are deemed binding at the time of ordering
14 SECURITY/SALES PLAN
Until the takeover, the supplier may require security for all or part of the contracted sum with the addition of any incurred interest and costs.
15 ADDITIONS TO OR CHANGES TO THE AGREEMENT
Additions to or changes to this Agreement shall be made in writing.
16 LEGAL DISPUTES
The contractual relationship is regulated by Norwegian law and shall be decided by ordinary court proceedings. The supplier’s jurisdiction is the agreed venue for all disputes originating from the contractual relationship and which may arise from the contractual relationship
