Terms
1. INTRODUCTION / GENERAL
All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions unless otherwise agreed to in writing. Where nothing else is specified in this document, the terms and conditions of any sales are governed by the Laws of Norway (lov om kjøp 13. mai 1988 nr. 27).
2. DELIVERY
Delivery will normally be made from stock. Delivery times are not binding for items which are not normal stock items, and where we are dependant on our suppliers. In such cases we cannot take responsibility for possible delays. Delayed delivery alone does not entitle the buyer to reimbursement. Where the seller is responsible for installation, the buyer is responsible for preparing the area for installation, including connections and the like. Where the seller is responsible for preparing the area for installation without prior agreement or where the seller needs to hire additional staff to assist with the installation because of building issues, resulting costs will be at the buyers own risk and expense. The seller cannot be held accountable for problems resulting from installations that the buyer has been responsible for. All shipping is at the buyer’s own risk.
3. PRODUCTS
Products will change over time and specifications may therefore differ from those published in brochures, circulars etc. Particulars are only binding to that extent they are directly and expressly referred to in agreements between the parties.
4. PRICES
All prices are quoted excluding taxes, installation costs, shipping etc. Quotations are valid for 30 days unless otherwise agreed to in writing. In cases where changes in taxes, duties or fees occur between the time that the quotation is given / order placed and the time of payment, the seller reserves the right to charge the buyer for all additional costs. In cases where the buyer makes changes to the original order / agreement, the seller then has the right to make changes to the original quotation and time plan. Such changes must be made in writing.
5. PAYMENT
Payment must be made within 30 days of the invoice date unless otherwise agreed to.
6. RETURNS / CLAIMS
Returns must be made immediately or, at the latest within 8 days after receipt of goods. It is the buyer’s responsibility to inspect the goods for possible faults or defects on receipt.
7. GUARANTEE
Norwegian retail laws apply at all times. The guarantee applies to all products delivered under correct application. The seller pledges to undertake free repair and the replacement of parts at their own workshop. The seller cannot be held responsible for direct or indirect loss because of production errors etc. Shipping is undertaken at the buyers own expense and risk. The right to return goods falls away where changes are made or products interfered without the seller’s consent, or where damage has occurred due to the unskilled or incorrect handling of goods or poor maintenance / upkeep. Rights also fall away when the terms of payment have not been met. Under normal circumstances the guarantee is valid for 12 months form the date of delivery.
8. REPAIR
Repairs after the guarantee period is over or because of faults not covered by the guarantee will be charged to the buyer in their entirety. This is a normal repair agreement where the buyer covers all freight charges both to and from the seller, any travel costs etc. In such cases the repairs undertaken for the buyer / customer will be covered by a 6 month guarantee, starting from the date that the repairs are completed and the product is ready for collection by the customer or sent to the carrier for shipping.
9. COMPENSATION
In cases of breach of this contract the party affected can claim compensation for economic losses subsequent to general principles for compensation in a contractual relationship with the following limitations:
A. No indirect losses will be covered such as losses due to disruption of production, deprivation losses (losses resulting because equipment could not be used), losses due to the faults of a third party, or damage to anything other than the product.
B. Compensation cannot exceed the total cost of the sales contract (excl. taxes),
10. SOFTWARE / COMPUTER EQUIPMENT
The buyer will receive user licence for all software delivered, for use only with the equipment delivered. The buyer does not have the right to copy the software in any form. The buyer may only copy the software and store it in a safe place for safety /security purposes.
11. SECURITY FOR UNPAID PURCHASE
Delivered equipment remains the property of Laud-Media AS until paid for in their entirety (Norwegian Law, Panteloven 3-14 to 3-22)
12. RETURN / NULLIFICATION
Equipment can only be returned after written approval from the seller is received and at the cost and risk of the buyer. A return fee of 20% of the sales sum will be charged for all returns. The sales contract is binding once we have confirmed the customer’s order or accepted an order that has been sent to us. Nullification of the contract can only occur with the seller’s written consent.
13. LOAN / HIRE
The customer accepts full responsibility for any equipment onloan or hire. All loaned or hired equipment must be returned at the customer’s own expense and risk. In case of damage to equipment, the customer will be responsible for payment of a sum equivalent to the cost of the repairs. The customer will be made to pay the total sales prices for any equipment lost damaged beyond repair.
14. EXCEPTION
Any exceptions to these terms and conditions can only be made with mutual written consent.
15. DISPUTES
The sales contract is subject to Norwegian law with Larvik as legal domicile.