AVAB CAC AS Sales Terms

Introduction These terms will only apply unless other terms have been agreed in writing. They replace all previously published sales terms. Quotes Quotes are only binding within the specified period. If no period is specified, quotes are valid for 30 days. A binding contract of sale will be deemed to have been entered into when the seller confirms the buyer's order. The contract can only be changed or terminated with the seller's written consent. Price Calculation All prices are based on the seller's supplier price, and exchange rates, duty rates and fees that applied at the time the contract was entered into. We reserve the right to make any adjustments to prices based on supplier prices, exchange rates, duties or fees that apply at the time the seller investigates the amount. However, such adjustments shall not be made after the buyer has paid for the order. Small exchange rate fluctuations shall not lead to an adjustment to the price. An administration fee of NOK 50 shall be applied to orders under NOK 500 (excl. VAT). The only exceptions to this point are back orders and spare parts. All goods are delivered to AVAB CAC ex. works, and any freight costs shall be billed, unless otherwise agreed. Delivery The delivery date given is based on information provided by the seller's supplier. It is the seller's obligation to take the actions necessary to ensure that the delivery date is met. Delayed delivery alone does not entitle the buyer to void the contract or demand compensation. If the buyer cannot receive the goods at the time agreed, storage will be paid for by the buyer, at the buyer's risk. In such event, the seller may demand settlement, pursuant to the contract of sale, as if delivery had been made. In cases where building conditions make it necessary to use extra staff and/or tools in order to complete delivery, such costs will be covered by the buyer, at the buyer's risk. Insurance All dispatches will be paid for by the buyer, at the buyer's risk. The seller may insure the dispatch, upon written request. This will be billed to the buyer. Vendor's Lien The seller holds a charge on the items sold (pursuant to the Mortgage Act) as security for its claim on the purchase amount, with the addition of interest and costs. The buyer must therefore treat the item accordingly. The same applies to the borrowing and hire of equipment. Assembly Assembly, implementation and instruction is not included in the price, but can be offered, upon request. When equipment is assembled outside Oslo, travel and accommodation expenses, as well as per diems and a fee for time spent traveling will also be charged. The buyer must ensure in advance that it has the necessary electrical wiring, at no cost to the seller. Payment Terms Payment shall be made in cash on delivery. For clients with an account with our firm, payment shall be made (net) within 15 days following the invoice date. There is no cash discount. In the event of late payment, the buyer will be charged interest in arrears, at the current rate of 0.05% per day. Complaints do not entitle the buyer to withhold any part of the purchase amount. Environmental Fee There is an environmental fee on any EE products, in addition to our prices. This fee is set by RENAS. According to the "Regulations regarding Scrapped Electrical and Electronic Products", EE products are defined as items that depend on electrical current or electromagnetic fields to operate properly, as well as equipment to generate, transfer, distribute and measure these currents and fields. Examples of EE products: cables and wiring, light sources, heaters, fuse boxes, power tools, etc. Defective Performance Upon receipt, the buyer must check the goods and file any complaints regarding errors or faults within 8 days. Complaints will otherwise not be accepted. Faults that can only be identified after the goods have been assembled and tested must be notified in writing as soon as the fault arises. Warranty The buyer's right to notify defective performance only covers damage that is due to manufacturing or material faults. The right to notify defective performance shall expire 12 months following the delivery date. It is the seller's duty to replace defective parts and perform repairs to equipment that is subject to the right to notify defective performance, without incurring material costs on the part of the buyer. In this context, transportation and travel expenses will be covered by the buyer. The right to notify defective performance shall be waived if connections have been made or the equipment has been interfered with without the seller's consent, if damages arise as a consequence of inexpert or erroneous handling, negligent maintenance or if the payment terms have not been met. Parts such as gaskets, tubes, lights, certain electronic components such as triacs, trigger cards, etc. are considered consumables, and are completely or partly exempt from the warranty. Repairs Repairs after the expiry of the period of notification of defective performance will be covered by the buyer in full. Dispatches to and from the seller's workshop will thus be billed to the buyer and made at the buyer's risk. If the repairs are performed at the buyer's site, the buyer will cover travel expenses, accommodation, per diems and time spent traveling in addition to the actual labor. The right to notify defective performance that applies for three months following repairs is limited to covering the fault that AVAB CAC AS has attempted to repair. The buyer must be able to identify faults in the repairs performed. If the seller is able to offer replacement equipment during the repair period, the buyer will pay for the dispatch and insurance, as well as a hire fee. Liability The seller is under an obligation to deliver a faultless, fully-functional product, in accordance with current technical specifications (see DEFECTIVE PERFORMANCE). In the contrary case, the seller shall be given a reasonable period in which to provide the equipment in the condition required. The seller waives liability for any possible damage or loss that directly or indirectly may have been caused due to faults or errors in the product if the seller has not displayed gross negligence. Returns Equipment purchased can only be returned with the seller's consent. Returns will be paid for by the buyer, at the buyer's risk. Equipment that is returned will be credited at up to 90% of the sale value for standard stock in unopened or unused condition, or at a lower rate, at the seller's discretion, if the equipment has been opened or used. AVAB CAC AS Hire Terms These terms will only apply if other terms have not been agreed in writing. They replace all previously published sales terms. See also "AVAB CAC AS Sales Terms", which shall apply to points that are not covered by the "AVAB CAC AS Hire Terms". 1. All hired equipment is delivered ex works AVAB CAC AS Oslo. AVAB CAC can provide transport for an additional charge. Hired equipment may not be sub-hired without prior written approval. Hired equipment may not be transported out of Norway without prior written approval. AVAB CAC owns all material rights to the equipment, and these may not be transferred to the hirer under any circumstance. The equipment must not be integrated into or joined together with any other type of fixed asset. 2. The hire fee shall be paid in cash at the start of the hire. For clients with an account at our firm, payment shall be made 15 days from the start of the hire. The hire fee will not be credited in connection with a later purchase without prior written approval. Non-compliance with payment terms shall be considered as a breach of contract. 3. AVAB CAC may enter any premises for the purpose of inspecting the hired equipment at any time during the hire. In the event that the hirer fails to comply with the terms and conditions of the hire or defaults on its credit (ie does not comply with the agreed terms of payment), AVAB CAC may terminate any current agreements with one week’s notice. The hirer is then obligated to return the equipment immediately, or to grant AVAB CAC’s representative free entry to collect the equipment. 4. AVAB CAC AS must be notified of any extension of the hire no later than one week prior to the expiry of the period of hire. The charge for late returns of hired equipment is 4 % of the base price per day. The hirer shall return the equipment unsolicited on the agreed date and time, or shall give clear notice in the event of a delayed return or extension of the hire. 5. The equipment shall be available for collection after 13:00 hrs on the first day of the hire, and shall be returned before 12:00 hrs on the day after the expiry of the period of hire. Cancellations must be made no later than one week prior to the start of the hire. The charge for non-collected equipment is 4 % of the base price. 6. The hirer assumes responsibility for the best possible care of the equipment, and must not lend it, replace it or lose possession of it in any other way. The hirer is liable for insuring the equipment from the moment it leaves the premises of AVAB CAC until it is returned. Upon request AVAB CAC can provide insurance that covers fire, burglary, water damage and transport within Europe (up to NOK 3 million per mode of transport for all regular modes of transport) for a charge of 5 % of the hire fee. Furthermore the hirer assumes sole responsibility for all damage to hired equipment, regardless of the type of damage or its cause. The equipment shall not be used outdoors, or in humid or dusty environments without AVAB CAC’s prior written approval. See also Point 7 of these terms and conditions. 7. In the event that light sources are returned in a defective condition, the hirer will be charged their current retail price. In the event that equipment is returned in a defective condition, AVAB CAC will repair it, and the hirer will be charged the repair costs. The hirer will also be charged all costs for cleaning and resetting equipment as well as for coiling up cables. 8. AVAB CAC assumes responsibility for ensuring that all hired equipment is fully functional at the time of delivery. The occurrence of technical errors does not give the hirer the right to terminate the agreement provided that AVAB CAC attempts to correct the errors within a reasonable period of time. In any event the hirer may not demand compensation above and beyond the proportional share of the hire fee. AVAB CAC does not assume responsibility for any loss of revenue or additional charges the hirer may incur in the event of a technical error in the hired equipment. 9. Deviations from these terms and conditions are invalid without prior written approval. AVAB CAC AS, Brenneriveien 11, 0182 Oslo, Norway Tel.: [+47] 22 11 30 30, Fax: [+47] 22 11 23 00, E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it AVAB CAC AS © 1998-2006