These sales terms apply unless the parties have entered into another written agreement. The conditions may be changed by the seller without notice, with effect for sales concluded after the change.
These sales conditions apply to deliveries from JL Bruvik as, in cases where no written agreement on other conditions has been agreed. JL Bruvik AS will be referred to as the seller hereinafter.
2. Offer prices:
Offers are valid for 30 days. The offer is based on today's prices, this includes freight, import and export costs and fees. In the event of changes to these, the prices will be adjusted accordingly. The agreement is only entered into when the seller's order confirmation is received.
3. Drawings and other technical documentation
Drawings and other technical documentation that one party hands over to the other may not be used in contravention of the owner's interests and may not be copied or made available to a third party without the owner's written consent. All drawings/documents must be returned to the owner.
4. Sales terms:
The goods shall be delivered in accordance with the sales conditions in NL09, unless otherwise agreed. The buyer's purchasing terms apply only if this has been agreed in writing and confirmed by the responsible seller.
5. Retention of title:
The seller holds on (ownership of) the delivered goods until the purchase price, plus interest and costs, has been paid in full. (Panteloven §3-14, jfr. §3-22). Acceptance, check or other payment instructions shall not be regarded as payment until they have been fully settled.
6. Terms of Payment:
The prices on the delivery date apply unless otherwise agreed. If there is an offer with a given price, it is subject to additional charges for imported goods if the exchange rate exceeds the rate on the date of the offer by more than 1%. The additional charge will correspond to the change in the exchange rate. Prices apply to the subject(s) of sale delivered in accordance with. Invoices are due 30 days from the invoice date unless otherwise agreed. If payment is made after the due date, delay interest will be calculated at the current rate, see above. The interest will be invoiced after the payment is made. A delay administration fee of NOK 100 will also be charged.
7. Buyer's obligations:
The buyer bears the risk that the technical data and the goods in their entirety are suitable for the described need. If the goods are not ordered according to standard or with specified quality requirements, they will be delivered without liability for special quality requirements.
Insurance will only be established by agreement and will in principle be covered by the customer unless otherwise agreed.
9. Force majeure
The seller is without liability for the following force majeure, ref. Kjøpsloven §23. The buyer and seller may wholly or partly terminate the sale if such circumstances are of a lasting character. If the circumstances are temporary, both parties may demand that the delivery time be postponed. If the seller's supplier terminates any kind of delivery, the seller has the corresponding right against the buyer. If either party wishes to invoke force majeure, they must notify the other party without unjustified delay.
The shipment will be delivered ex unless otherwise agreed in writing. The seller is free to choose the best transport route. Transport costs are covered by the buyer.
11. Delivery and transfer of risk:
The goods shall be deemed delivered when they have come into the possession of the buyer in the agreed manner. Delivery shall be considered to have been made even if the seller later has to carry out correction work, ref. conditions 13 and 14, or carry out delivery of parts which are of insignificant economic importance in relation to the delivery as a whole. Loading and shipment are at the buyer's cost and risk unless otherwise agreed. If a written agreement does not contain anything about the method of delivery and transfer of risk, the "ex works" clause applies. ("from warehouse" for delivery from sellers warehouse/factory)
12. Defective delivery:
The seller shall not be liable for damages or losses resulting from the subsequent use of the goods or for consequences such as labor costs, daily fines, damage compensation, rental losses or for damage caused by the goods to persons or property unless defects in the goods can be attributed to intentional or gross negligence on the part of the seller and where it can be demonstrated by the buyer that there is an adequate causal relationship between the defect and the resulting damage.
The buyer is obliged to examine the goods immediately upon receipt (ref. Kjøpsloven §31). Complaints shall be made immediately and without unjustified delay after the defect was or should have been discovered. Complaints must be made no later than 5 working days. Complaints due to defects that can only be discovered when the item is assembled and test driven, are considered to have been made in due time when they are made immediately after the defect has been discovered. The right to complain is waived if the item has been altered or repaired by someone other than the seller without written consent.
- Transport damage or shortages in the number of packages must be made in writing immediately upon arrival of the goods. The damage must be documented and noted on the carrier's shipping document.
- Shortages in the contents of packaged goods must be made in writing to the seller immediately or within 5 days of arrival with specification of the deviations.
- The buyer is responsible for checking the receipt of goods upon arrival. If the goods are defective or delivered incorrectly, this must be reported in writing to JL Bruvik AS within 5 days after receipt of the delivery.
Warranty period is one year from commissioning, but maximum 15 months from invoice date.
Seller receives goods for return only by agreement. Special ordered goods are only accepted for return when approved by the supplier. Goods that are to be returned must be in the same condition as upon delivery and in original packaging where applicable for the product. For standard products, an administration fee of 20% of the value of the goods and shipping costs will apply. (minimum NOK 500)
All discrepancies that may arise which the parties cannot agree upon shall be resolved by Norwegian law.