NO 980 429 245 MVA
Phone: (+47) 69 10 24 60
Standard Terms and Conditions of Sale for Pretec AS
1.1. These terms and conditions of sale shall be applied if no other written agreement exists between the parties.
1.2. Definition: by “the Seller” is meant Pretec AS.
2.1. These conditions of sale shall apply in their entirety for all sales of goods by the Seller.
2.2. Unless the Seller has agreed otherwise in writing, these conditions of sale shall precede any provisions or information that may appear in the buyer’s orders or correspondence.
2.3. The Seller shall not be responsible for errors or misunderstandings that may occur in orders that are received by telephone. Any errors that may occur in written or electronically transmitted orders and that are made on the part of the Seller will be corrected or rectified without undue delay.
2.4. Unless agreed otherwise in writing, a quotation shall cease to apply if it is not accepted immediately.
2.5. Quotations given by the Seller are linked to a specific quote. The Seller reserves the right to revise the quotation if changes to the original quotation are made with respect to products, material, specifications or amount.
2.6. Any certificates that may be necessary must be ordered together with the goods.
2.7. The Seller reserves the right to assess the limit of credit given. Credit limit will be assessed by the Seller in terms of the order size and the duration of the delivery in conjunction with ongoing purchases and the agreed terms and conditions of payment. The credit limit must be clarified upon order. In some cases a payment security can be agreed for all or parts of the order.
2.8. The invoice can be dated the day the goods are shipped or to be provided by the Seller on agreed place and time.
3.1. In the case of orders for goods that are not stock items and that must be specially manufactured, the Seller reserves the right to supply up to 10% in excess of an agreed order, depending on the nature of the goods to be supplied. For standard goods, the Seller reserves the right to supply the quantity ordered with an accepted tolerance of +/- 5%. For goods with a low unit value delivered quantity can be rounded up to whole packages.
4.1.Unless otherwise agreed in writing, the Seller’s price on dispatch of the goods shall apply. This shall also apply in the case of part deliveries or deliveries of the balance of an order. Unless stated otherwise, prices are stated exclusive of VAT and ex works Sarpsborg.
5.1. In the event of adjustments to taxes or charges or the imposition of new taxes or charges, the Seller may make corresponding adjustments to prices up to the date of delivery. This will apply if the adjustments occur in Norway or with our forreign suppliers. Likewise, the Seller reserves the right to make price adjustments in the event of currency fluctuations. The precondition is that the adjustments was not known at the time of the agreement, and that the adjustment affect the Seller cost prices.
6.1. Unless expressly guaranteed in writing, stated delivery times are approximate only. The Seller shall not be held liable for consequential damage due to delayed delivery of goods.
6.2. The Seller reserves the right to postpone a delivery if:
A) The buyer fails to pay in compliance with an agreement or fails to furnish the required security.
B)The buyer fails to provide the Seller with the technical information necessary to fulfil an order.
C) The buyer or its customer requests an amendment to an order.
7.1. 30 days net from date of invoice. All goods delivered shall remain the property of the Seller until payment has been received in full.
7.2. Interest on arrears will thereafter be payable at a rate of the current late payment interest. The seller can also charge a late fee according to the law of debt collecting. An complaint from the buyer of minor shortcomings does not exempt him from the payment due date. In cases where the buyers rightfully complaint applies to parts of the delivery, the part that is not disputed shall be payed according to these terms and conditions.
7.3. Payment shall be in the Sellers account on the maturity date, or before.
8.1. Standard packaging is included in the stated prices. Refundable deposits will be charged for pallets and crates.
8.2. Packaging costs for consignments requiring extra packaging will be charged to the buyer.
9.1. All deliveries are effected ex warehouse. Any other terms of delivery must be separately agreed.
9.2. The Seller chooses carrier and way of transport unless agreed otherwise. The buyer will be charged for freight cost unless agreed otherwise.
10.1. Unless otherwise agreed, a handling charge of NOK 100 will be added to orders of less than NOK 500 (ex. VAT).
11.1. The return of goods will only be accepted subject to agreement with our sales office.
11.2. The return of non-standard or custom manufactured goods will not be accepted.
11.3. Return costs will be charged at a rate of 20% of the invoice amount. Return freight costs shall be covered by the customer. Freight costs in connection with deliveries will not be credited.
11.4. All goods, including packaging, must be undamaged on return.
11.5. Invoices or packing slips must accompany returned goods.
11.6. Label with charge number and reference to certificate must follow the goods.
11.7. No credit will be given on goods if the abovementioned conditions are not met.
12.1. The buyer have the responsibility to check that the Sellers quotation is in accordance with the buyers specifications.
12.2. Deliverables must satisfy order specifications and conform to stated requirements.
12.3. Inspection of deliverables. The buyer shall, as soon as possible and without undue delay, inspect deliverables and make sure the goods conform with the agreement and can be used in full as intended. The deliverables shall be inspected and shall comply with the packing list following the deliverables. The examination shall be done in the responsible way that should be expected from the nature of the goods and delivery form. Inspection shall be done before the goods are resold, mounted or in any other way is put in use. The buyer is responsible to ensure that all technical data and the goods in full correspond to the buyers need and specification. The buyer shall immediately lodge a complaint with the Seller regarding any consignment that fails to conform to orders/order confirmations.
12.4. For consignments for which the Seller’s carrier is used, any damage incurred during transport must be recorded on the consignment note and immediately reported in writing to the Seller.
12.5. In the case of deficiencies in a deliverable, the Seller has the right and obligation to rectify such deficiencies within a reasonable period of time.
12.6. The Seller shall not be held liable for any consequential damage due to deficiencies in a delivered product.
13.1. Neither party shall be deemed to be in breach of their obligations under this agreement provided that it can prove that compliance with such obligations was prevented for reasons of force majeure.
13.2. A party who wishes to invoke the force majeure clause must immediately notify the other party in writing of such circumstances.
14.1. In the case of the manufacture of products according to drawings and specifications that are provided by the buyer, the buyer shall guarantee that such manufacture may be conducted without a third-party patent and that no rights are violated in doing so.
15.1. This contract is subject to Norwegian law. Any disputes that arise between the parties regarding an order or sale shall be settled in an ordinary court of law and with Sarpsborg District Court as the legal venue.