Sales and delivery conditions

1. Introduction
These sales and delivery conditions apply in full to all quotations, sales and future deliveries, unless otherwise agreed in writing between the parties. Any purchase conditions of the buyer will not be tacitly accepted by Norske Backer AS.

 

2. Quotations and information about products and prices
 Quotations are not binding, since agreement is confirmed only with a confirmation of order from Norske Backer AS.

 

All illustrations, drawings and statements of prices and technical information in catalogues, brochures and other advertising material are for guidance only. It is the buyer’s responsibility and risk to ensure that the technical data and product as a whole is suited to his needs.

 

3. Drawings et.

Drawings, technical descriptions etc. that one party hands over to another before or after entering into an agreement - remains as a property of the original owner and may not, without written consent, be supplied to or brought to the knowledge of a third party, and may not be used contrary to Norske Backer’s interests.

 

4. Documentation
Norske Backer’s standard documentation is included in the price and includes the following documents:

 

a) General Arrangement Drawing

b) Wiring diagram

c) Heater Data Sheets

d) Installation, Operation & Maintenance Manual

e) Declaration of Conformity

f) Ex Certificate (if actual)

g) Factory Acceptance Test Report

 

Documentation in addition to this is invoiced separately.

 

5. FAT (Factory Acceptance Test) 

Unless otherwise agreed in advance, time consumption in performing an FAT will be invoiced at the prevailing hourly rate.

 

6. The sales item

The latest edition of stated standards applies in original and unabridged condition.

If an item is not ordered in accordance with a standard or stated quality designation, the item will be supplied without responsibility for any special quality designation. Any additional equipment, special equipment or special adaptation to the buyer’s needs must be specified by the buyer and specifically confirmed by Norske Backer AS

 

7. Prices and packaging
 The prices apply to delivery: FCA, Norske Backer, Jostein Svendheimsveg 8,2212 Kongsvinger, Incoterms 2010, EXCLUDING packaging and value added tax.

Cost price will be charged for packaging that is not accepted in return. Standard pallets and cases can be returned within 2 months delivered free to our factory and will be credited at the agreed price.

 

8. Additional invoicing
 In principle it is not possible to amend the order after the order confirmation has been received and documentation is approved. If this does become necessary, however, this will involve an ADDITIONAL CHARGE, which will be invoiced at the following rates:

 

Amendment of order before start of production:

a) Changes in documentation (drawings, connection diagrams and the like) will be invoiced at the prevailing hourly rates for the time taken.

b) Materials that have been ordered from sub-contractors and cannot be stopped or returned will be invoiced in full including shipping.

 

Amendment of order after start of production:

a) Changes in documentation (drawings, connection diagrams and the like) will be invoiced at the prevailing hourly rates for the time taken.

b) Materials that have been processed will be invoiced in full.

Materials that have been ordered from sub-contractors and cannot be stopped or returned will be invoiced in full.

c) Where an amendment involves a stop in production, a supplement of 3% of the order’s value per day will be invoiced for up to 3 days.

 

Amendment of an order will lead to postponement of the delivery date.

 

9. Transport

Transport is at the buyer’s expense and risk. Norske Backer is not liable for any damage that occurs during transport.

 

10. Invoicing
The invoice is dated on the day the product is sent from Norske Backer. The date of issue forms the basis for calculating value added tax.

 

11. Quantity
The buyer undertakes to accept the normal deviations that can occur during manufacture. Over or under delivery may be to a maximum of 10% of the quantity ordered, unless otherwise agreed between the buyer and Norske backer.

 

12. Delivery date
The delivery date stated is for guidance only unless a fixed delivery date has been expressly agreed.

 

The date of delivery may be postponed if:

a) Any necessary public licences are not in place as anticipated.

b) Norske Backer has not received the necessary technical data from the buyer.

c) Any prepayment has not been received.

 

The delivery date is the day on which the product is ready for despatch from the seller or the supplier where the order has been placed. Norske Backer is not liable if the guideline delivery date is exceeded.

 

13. Return
Return of goods shall always be agreed in advance.

a) Standard material is credited to the buyer at the net invoice amount minus 25%.

b) Incorrectly despatched standard material is credited or replaced with other material.

c) No credit is given for incorrectly ordered special material.

d) Third-party products that cannot be stocked by Norske Backer AS are not accepted in return unless this is accepted by the sub-contractor.

 

With all returns, the product shall be in such condition that it can be sold without extra costs. Returns are accepted at Norske Backer’s expense only if there is a fault or error on the part of Norske Backer, such as incorrect despatch, manufacturing fault or similar.

 

14. Reservation of ownership
Norske Backer retains the right of ownership of the product until the sales amount with the addition of any interest and additional costs has been paid. See the Norwegian mortgages and pledges act of 08.02 1980.

 

15. Payment terms
Payment shall be made net 14 days from invoice date, unless otherwise agreed. After the due date, interest will be charged at the rate of 1% per commenced month. Any complaint made by the buyer with regard to immaterial defects does not release him from the obligation to pay. Counter-payment shall only occur by agreement.

 

16. Complaints and claims
For complaints and claims to be considered, the product that is the subject of complaint must be returned to Norske Backer. If Norske Backer personnel attend at the installation, the buyer will be invoiced for travel costs and travelling time. The reason for the complaint, as well as the installation and replacement dates, shall be clearly stated on the complaint form. If there are several faults in the same despatch, the complaint form shall be attached to each returned product. Product identification shall also be included in the complaint report.

 

Norske Backer does not compensate for replacement costs.

 

17. Force majeure 

The buyer cannot cancel the purchase or demand a price reduction or compensation if a delay is due to circumstances outside Norske Backer’s control.

 

18. Guarantee
 Norske Backer’s general guarantee is 12 months from delivery date and applies to material and technical production defects.

 

19. Arbitration
If any dispute arises between the parties, this shall be decided by arbitration in accordance with Norwegian procedural and material law at a place of jurisdiction decided by Norske Backer.

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NORSKE BACKER AS · JOSTEIN SVENHEIMS VEG 8-10 · NO-2212 KONGSVINGER · TEL. +4762828828 · [email protected]

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