1. Validity: These sales and delivery conditions are valid for all offers, sales and deliveries unless otherwise agreed upon in writing.
2. Offer and acknowledgement of order: All offers are given with the reservation of in termediate sale. If a time of acceptance is not stated in an offer. The offer is valid for 4 weeks after the date of offer.
3. Prices: All prices and amounts given are in NOK (Norwegian crowns) exclusive vat. and taxes. Buyer is until delivery has taken place obligated to accept any change of prices in accordance to documented cost increase for seller, such as change of currency rates, customs, taxes, duty, etc. which includes an agreed delivery. The prices given in any pricelist from Wipco Teknikk AS can be changed without prior warning.
4. Payment: Payment shall be done at the latest on the date shown on the invoice, if not otherwise agreed upon, which is normally 20 days after delivery of the goods. If payment is done later than the payment date shown on the invoice, the seller is rightly justified to calculate interest on the at any time outstanding balance of the full payment. The interest rate of the outstanding payment balance is 1,5% per each commenced month. The seller also reserves the right to deliver C.O. D. (Cash on delivery)
5. Retention of ownership of the goods: The seller reserves the right, in accordance to the limitations to the public rules and law, the ownership of the sold goods until fully paid to the seller or to the person been assigned the right to receive the payment of the sold goods.
6. Delivery: Delivery – including part deliveries – are EXW (Incoterms 2000) from seller’s address, irrespective if the seller by his own employees or via a third party in accordance with an agreement with the buyer, brings the purchased goods to the buyer. On all orders with a total value less than NOK 1,500.00 a packing and dispatch fee of NOK 150.00 will be added.
7. Product information: Drawings, specifications, descriptions, price lists, etc. which are handed out or supplied, are the property of WIPCO TEKNIKK AS and must not be handed over to others without a written agreement or in any other way be misused.
8. Fitness of goods: By delivery of the goods from the seller the buyer shall immediately conduct an inspection of the purchased goods to ensure it is in accordance to the demand of respectable business conduct. If the buyer invokes any discrepancies or defects on the delivered goods he shall immediately notify, in writing, the seller about the discrepancies or defects. If the buyer has or should have discovered the discrepancies or defects on the goods as mentioned above, but not notified the seller in writing, the buyer cannot at a later stage claim any warranty of the purchased goods. The seller shall determine if a warranty claim shall be replaced by a new delivery or compensated. Goods under warranty claim shall be at the disposal for the seller. If the buyer has not filed in writing, any warranty claim after 3 months after delivery, he cannot on a later stage claim any discrepancies or defects on the goods.
9. Return of purchased goods: Return of purchased goods is not accepted unless prior agreement and only if the goods are unused, have not been mounted or not damaged. Special produced goods cannot be returned. Return of purchased goods shall be at buyers cost and must be done no later than 30 days after agreement. The returned goods will be credited the buyer according to the invoiced value, and a return fee of 20% of the value of the returned goods will be deducet.
10. Liability replacement – force majeure: A compensation claim to the seller cannot exceed the amount on the invoice of the sold goods. Seller is not liable for any operation or trading loss or any indirect losses with the delivery of goods. The following circumstances involve release from liability after contract agreement and prevents fulfilment (force majeure): Labour conflicts, strikes, lockout, and any other circumstance which are out of the parties control, such as fire, natural disasters, war, mobilization, sabotage, act of terror, confiscation, currency restrictions, riots, lack of transport or fuel, shortage of raw materials, failure of deliveries for sub contractors. .
11. Arbitration: Any disagreement which the parties cannot come to an amicable settlement shall be settled in accordance to Norwegian law at Oslo Court House