Condition of Sale
“Buyer” is in this setting the person, company or institution issuing the order to “Seller”. “Seller” is Deamp AS

 

Offer
All offers are subject to confirmation unless otherwise agreed. The sale is not binding for Seller until Buyer confirms the order (contract), or by signing the order confirmation from Seller.

 

Delivery time
The suggested delivery times inn offers are suggestive only and not binding for the Seller. Delivery time is calculated from the day the order is confirmed by Seller. Delayed delivery is not grounds for annulment, damages or day penalty unless specifically agreed. Confirmed delivery time is the day the goods are ready and shipped from Sellers premises.

 

Delivery
Delivery and assurance is according to order confirmation and offer. Shipping is Ex Works unless otherwise is agreed. Express or airfreight is invoiced according to cost.

 

Packing
Packing is performed according to offer and order confirmation

 

Order Confirmation (contract)
The specifications in the order confirmation is Sellers understanding of the order and cannot be changed without Sellers approval when production or tooling is in preparation.
An added fee may incur if significant changes or an annulment of an order is made. Incurred costs will be invoiced the Buyer.

 

Toll, charges/fees and currency fluctuations
Offers and order confirmations (contracts) are based on the current toll and customs charges valid on the date of order. Any changes during delivery time will be added to the invoice. If the raw materials are bought by Seller a currency that changes during delivery time the Buyer is obligated to pay the balance that occurs.

 

All offers are subject to confirmation unless otherwise agreed. The sale is not binding for Seller until Buyer confirms the order (contract), or by signing the order confirmation from Seller.

 

Delivery time
The suggested delivery times inn offers are suggestive only and not binding for the Seller. Delivery time is calculated from the day the order is confirmed by Seller. Delayed delivery is not grounds for annulment, damages or day penalty unless specifically agreed. Confirmed delivery time is the day the goods are ready and shipped from Sellers premises.

 

 

Drawings
Drawings, sketches and photographs are made for the Buyers confirmation. Seller has ownership and copyright of drawings made by Seller.

 

Ownership
Seller has ownership of the delivered goods as security of paid purchase until the invoice has been paid in full.

If the Buyer in between time of order confirmation and delivery time has breached the agreement or its account with Seller or where it is grounds to believe that Buyer will not honour the agreement the Seller reserves the right of withholding the parts of or the entirety of the goods.
Delivery will take place when payment is made or a sufficient bank guarantee has been raised.

 

Force Majeure
Relations outside the force of Seller like war, war-like situations, civil unrest, strike, lockout, production halts, blockades, fire, floods, import/export embargos that hinder the Seller in honouring his obligations (including Sub-contractors) are factors outside the responsibility of the Seller.
The Seller can partly or fully cancel the delivery or extend the delivery time.

 

Quality Control and Complaints
Before delivered goods are installed they must be verified to be in accordance with the order regarding quantity, dimension, quality, finish etc.

Complaints must be filed no later than 30 days after delivery and before installation or further work is done to the delivered product.

The complaint must be justifiable and returned to the Seller if required. Seller is obligated to either reimburse the order’s entire sum or deliver correct goods as soon as possible. Seller is not liable for damages or losses incurred for Buyer such as work expenses, day fines, shipping, price changes, damages, loss of income or similar.

 

Invoicing
Invoices are dated the day the goods are sent from Sellers premises or production location. Payment deadline is calculated from day of shipment. Payment is fulfilled when the payment is in the Sellers account before the deadline has passed.

Terms of Payment
The terms of payment are in the order confirmation stated as the required payment days. When the deadline is passed default interest is calculated according to Norwegian Law of Delayed Payment Interest.

 

Legal Arbitration
In case of legal action, Seller reserves the right of having the case trailed after Norwegian Law.

 

Trondheim – 08.11.2009