TERMS AND CONDITIONS
GENERAL
The terms specified here apply to our deliveries unless otherwise agreed in writing; additionally, the Norwegian Sale of Goods Act (Act of 13 May 1988 No. 27) and Incoterms 2020 (International delivery terms) shall apply.
The following definitions are used:
- Buyer: Customer (as specified in the offer/order/invoice)
- Seller: ARCON AS
- Delivery: Goods mentioned in the offer/order/invoice.
- Supplier: The supplier and/or manufacturer of the delivery.
- Purchase Price: Amount mentioned in the offer/order/invoice.
PRICES
Prices are stated in NOK excluding VAT unless otherwise agreed. If the price has not been agreed in advance, the price on the delivery day applies.
For imported goods, a price change is reserved if the exchange rate on the delivery day exceeds the rate at the time of pricing by
3% or more unless an agreement for another percentage has been made.
Changes in public fees are also reserved. The change applies from the same date as the fee change.
Information and prices are provided with reservations for typographical and writing errors, errors given in the manufacturer's product specifications, and prior to final sale.
PAYMENT TERMS
Payment terms are stated in the order and invoice. In case of late payment, we reserve the right to charge interest according to the Norwegian Act on Interest on Overdue Payments.
The seller has the right to correct order confirmation/invoice in case of errors.
DELIVERY
All deliveries are FCA our warehouse at Menstad Industrier AS, 3713 Skien, unless other delivery terms are agreed.
The seller is not responsible for delays due to circumstances beyond the seller's control. The seller's liability for delay is limited to the purchase price.
COMPLAINTS AND LIABILITY
The buyer is obliged to inspect the goods upon receipt and check that the delivery is in accordance with the order and order confirmation.
Any errors or defects must be reported to the seller in writing within 5 working days from the receipt of the goods. Provided the seller remedies a claimed defect or error within a reasonable time, the customer is not entitled to cancel the purchase.
The buyer bears the risk and responsibility for the use of the delivered goods. Any compensation only covers the goods themselves or parts of them, but not expenses or damages incurred
by the buyer due to any errors (indirect costs). The seller's liability is limited to the value of the delivered goods.
The delivery shall be in accordance with the manufacturer's product specifications and/or analysis certificate. The seller is not responsible for the content of documents issued by the supplier.
The seller's liability for compensation is limited to direct loss. The seller is only liable for indirect loss if the seller has exhibited gross negligence.
The following losses shall be considered indirect losses:
a) Loss due to reduced or ceased production or turnover (operational interruption)
b) Loss because the goods cannot be utilized as expected (deprivation)
c) Loss because a contract with a third party falls away or is not properly fulfilled
d) Loss because the goods have been used as an input factor/ingredient in the production of other products and these products have been damaged due to issues with the goods.
The seller's delivery terms imply that the provisions of the Sale of Goods Act are waived in certain respects in favor of the seller.
CONFIDENTIALITY
The seller undertakes to treat all information about the buyer and the buyer's products confidentially and inaccessible to unauthorized persons.
FORCE MAJEURE
The seller's liability lapses if delays are due to an obstacle that the seller could not reasonably avoid. If this occurs, the delivery is extended by the time the obstacle lasts.
HARDSHIP
If the seller's costs for the product for any reason (including, without limitation, costs of energy, transport, or raw materials) should increase, or if the circumstances underlying the contract at the date of conclusion change in other ways, so that the seller cannot reasonably be expected to fulfill one or more of its obligations, the seller may, by sending a written notice to the buyer, request renegotiation of the contract terms to overcome such problematic circumstances.
At the time of contracting, reservations are made for currency and raw material costs in the contract.
The seller may cancel the contract if the parties do not reach an agreement 10 days after written notice to the buyer has been given.
RETENTION OF TITLE
For the sale of all types of goods, the buyer accepts that the seller has a retention of title in the sold goods to secure the claim for the purchase price, including interest and costs.
DISPUTE RESOLUTION AND JURISDICTION
Any disputes shall be sought resolved through negotiations. If negotiations do not succeed, the dispute shall be resolved by ordinary courts – with proper jurisdiction (the legal entity's venue) pursuant to the Norwegian Civil Procedure Act §§ 17 and 21.
Oslo, March 30, 2022
