Terms of sales and delivery

Fish Tech AS

FNR. 958954379 MVA

 

1. GENERAL

1.1

These terms are valid for Fish Tech AS, hereafter called the seller, from 01/12/2008 unless otherwise is agreed in written form, and replaces previous editions of our general delivery. In addition to this comes NS 8405 in Norway.

1.2

Where nothing else is mentioned, our delivery terms are ex work.

1.3

Delivery will be made for the buyer's expense and risk. The seller is not obligated to take out insurance for the shipment unless it’s agreed in advance and stated in the order confirmation. Way of transport is chosen by the seller unless otherwise is agreed.

1.4

Deliveries with net invoice value less than NOK 500. - will be added a handling fee of NOK 50, - per invoice, unless:
a) The product is picked up by the customer and paid cash.
b) The product sold as pre payment. Postage and fees are charged according to the carrier's rates.

 

   2. PRICES / DELIVERY TIME

2.1

Offers are valid for 21 days from quotation date unless otherwise agreed. Offers are not binding before sellers / company’s order confirmation is signed. Delivery time is always estimated in relation to our subcontractors stated delivery times. We are therefore not responsible for delays in delivery to the buyer, if this delay is caused by our subcontractor, in the transport of goods or other unforeseen reasons.

2.2

Prices in our offers are based on current material prices, tariffs, exchange rates, official taxes and salaries, and we reserve us the right to adjust prices regarding changes in these.
Where quotation is not available, the date of order confirmation is the valid date.

2.3

 

a)

Our offers and price lists are indicative, i.e. we are only committed to a purchase order or a sale agreement, if it is confirmed in written by us. Exceptions are offers with a specified validity date where the purchase order have received us before expire date

b)

We retain all rights to the data provided in our offers.
The same applies to models, samples, materials, drawings and manuals.

c)

The offer may not be copied or redistributed without a prior written permission.

 

3. PAYMENT AND OWNERSHIP

3.1

Invoices are payable 21 days net from invoice date if nothing else is agreed. After exceeded due date, interest will be charged according to rates at Nordea Finans AS.

3.2

Fish Tech AS reserves all rights of the delivered goods until these are fully paid according to the Norwegian mortgage legislation § 3 - 22, interest and charges will be applied according to current rates, when the payment exceeds due date.

3.3

Environmental fee will be charged according to current rates at Renas Company.

 

4. CANCELATION AND RETURN

4.1

Delayed delivery does not entitle cancellation of purchase, unless the agreed delivery time is exceeded by at least 30 days.

4.2

Termination shall be agreed and approved in advance by the seller. The buyer covers all the costs of termination, except as described in 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.:

5.1

The goods are delivered as standard according to the stated technical information, unless the offer or order confirmation is specified otherwise. Illustrations, drawings and technical data, such as weight, dimensions, volume, performance, power consumption, etc. in catalogs, brochures and other promotional materials are guidance and should not be construed as final or binding.

 

6. RESPONSIBILITY AND WARRANTY

6.1

The buyer is responsible obtaining the needed knowledge that the product’s technical performance/data quality is in accordance to his needs.

6.2

The product should be applied according to the manufacturers/sellers instructions at delivery and/or as described in brochures and user manuals.

6.3

At the first time of use of the product, the buyer is obligated to verify that the product works according to specifications. The same applies for any service done to the item.

6.4

The seller is not responsible for any direct damage, loss, inconvenience or consequential damages caused by the delivered material.

6.5

Warranty period is 12 months unless otherwise is agreed.
Any fault has to be reported immediately after it occurs and the product should not be used without seller's consent. Seller undertakes within a reasonable time to rectify the defect at no charge for the buyer. Transportation expenses and any travel expenses in connection with the complaint are not considered as part of the defect in the goods and will not be covered from seller.
All liability of the seller's side lapses if unauthorized service personnel are used to do the repair and/or use of unapproved parts for upgrades/service or assembling of additional equipment.

6.6

Consumables and spare parts are not considered as a complaint able.

6.7

Seller is not in any respect responsibility, and shall not be obliged to pay for repairs that the buyer makes or let’s make without our confirmation.

6.8

 The sellers guarantee is valid only if the buyer has fulfilled all his obligations to seller.

 

7. FORCE MAJEURE

7.1

The seller is not liable for the consequences of force majeure. Buyer and seller can fully or partly cancel the contract if these conditions are permanent. If conditions are temporary, both parties can claim the delivery time delayed. If the seller’s subcontractor of any reasons does a cancelation, the seller 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.
Seller is not responsible for any damages or loss after the goods are picked up by carrier.

 

9. BREACH

9.1

If the buyer fails to perform his obligations properly or in time, it is the seller’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. Conflict – trial

10.1

In all conflicts, the Norwegian laws are applicable and the case goes through the Norwegian court, at Follo District Court in Norway.

 

Fish Tech AS - Verpetveien 20, 1540 Vestby T: +47 64 85 94 00 E: mail@fishtech.no
Webdesign og e-handel fra Siteman AS