Terms of sale
1. GENERAL
1.1 These sales and delivery conditions apply to Manaheim AS, hereinafter referred to as the supplier, unless otherwise agreed in writing, and replace previous editions of sales and delivery conditions. In addition to this, NS 8405 applies in Norway and ORGALIME 2000 when exporting.
1.2 Where nothing else is mentioned, delivery conditions are: free from stock, exclusive of packaging and ex VAT.
1.3 Delivery takes place at the buyer's expense and risk. The supplier is not obliged to take out insurance for the shipment of the goods unless this has been expressly agreed in advance.
The mode of transport is chosen by the supplier, unless otherwise agreed.
1.4 Delivery with a net invoice value of less than NOK 1,500 will be subject to a processing fee of NOK 100 per invoice, unless:
a) The item is picked up from stock and paid for in cash.
b) The item is sent as cash on delivery. Postage and fees are charged according to the carrier's rates.
2. PRICES / DELIVERY TIME
2.1 The offer is valid for 30 days from the date of the offer. All offers are non-binding. An agreement is only concluded when the supplier's order confirmation is available. For stock items, reservations are made regarding intermediate sales. The delivery time is only guaranteed if this is expressly agreed in the written text of the agreement.
2.2 The prices in the offer are based on the offer day's material prices, customs duties, exchange rates, applicable public taxes and labor wages, and the supplier reserves the right to adjust the prices in the event of changes to these. Where no offer is available, the order confirmation date applies here.
2.3
a) Offers and price lists are indicative, i.e. the supplier is only bound to an order or sales agreement if this has been confirmed in writing. Exceptions are offers with a specified validity date where the order is in our hands before the stated date.
b) The supplier retains all rights to data provided in the offer. The same applies to models, samples, materials, drawings and instructions for use.
c) The offer must not be copied or passed on without written permission.
d) The stated price for the goods and services is the total price the buyer must pay.
3. PAYMENT, OWNERSHIP AND ENVIRONMENTAL FEES
3.1 The invoice is due for payment 10 days net from the invoice date if nothing else has been agreed. After maturity, interest is calculated.
3.2 The supplier reserves the lien on the goods delivered until these have been fully paid in accordance with the provisions of the Pledge Act on contractual pledges of movable property: ACT 1980-02-08 no. 02: Pledge Act, § 3-1 to § 3-22, interest and costs will be added at the applicable rates, in case of payment after due date. Items subject to a sales pledge cannot be disposed of / pawned / joined together and the buyer does not have the right to resell the item until it has been paid for in full.
3.3 On all CE marked products, there is a 1% environmental fee in addition to the price, unless otherwise agreed.
3.4 If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer can then be held liable for fees according to the Debt Collection Act.
4. CANCELLATION AND RETURN
4.1 Delayed delivery does not entitle the order to be canceled unless the agreed delivery time is exceeded by at least 60 days.
4.2 Cancellation of orders will not be accepted without a separate agreement with the supplier. The buyer bears all costs of cancellation, with the exception of the provisions in section 4.1
4.3 Return of delivered material is only accepted after prior agreement. Non-stocked material cannot be accepted as returned. Return costs will be charged to the buyer. Any return must include the order number or invoice number. provided.
5. QUALITY / DRAWINGS / TECHNICAL INFORMATION, ETC.
If the goods are not ordered according to a standard or stated quality requirements, the materials are delivered without responsibility for special quality requirements. Illustrations, drawings and assignments of technical data, such as weight, dimensions, volume, performance, power requirements etc. in catalogues, brochures, websites and other advertising material serve only as a guide and must not be taken as final or binding. The buyer has the risk that the technical data and the sale item in every respect suit his needs.
6. RESPONSIBILITY AND COMPLAINTS
6.1 The period for complaints is 12 months after delivery of material / goods, provided that there is a defect in the material / goods or work carried out by the supplier or work carried out on behalf of the seller and according to agreement with the seller.
6.2 The supplier accepts no responsibility for direct damage, loss, inconvenience or consequential damage caused by the delivered material / goods.
6.3 For delivered material / goods, the supplier assumes responsibility for complaints, as the customer submits a complaint claim without undue delay. The supplier invokes the right to rectify the defect, or re-deliver the item if it is expedient. The customer cannot claim compensation for work or other costs in connection with the rectification of the defect.
6.4 The supplier does not assume responsibility other than that specified above and the supplier is thus not responsible for any damage to the delivered material that is due to incorrect assembly, when the assembly has not been carried out by the supplier or is due to incorrect use of the product.
6.5 The supplier is also not in any respect responsible for and is not obliged to pay for repairs that the buyer carries out or causes to be carried out without the supplier's consent.
6.6 Transport costs for disassembly and assembly in connection with any claims work are not covered by the supplier.
6.7 Complaints are only valid if the buyer has fulfilled his obligations towards the supplier. The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
6.8 The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not inform the seller of the right of withdrawal and a standardized withdrawal form before entering into the agreement. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
6.9 When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal. The buyer can try or test the goods in a reasonable way to determine the nature, characteristics and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he/she has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.
7. FORCE MAJEURE
The supplier is not responsible for the following due to force majeure. The buyer and supplier can fully or partially raise the sale if such conditions are of a permanent nature. If the conditions are of a temporary nature, both parties can demand that the delivery time be postponed. If the supplier's subcontractor carries out cancellation of any kind, the supplier has a corresponding right vis-à-vis the buyer. If one of the parties wishes to invoke force majeure, he must notify the other party without undue delay.
8. CHECK OF THE ITEM
On receipt of the goods, the buyer must check them against any packing slip, and examine the goods properly depending on the nature of the goods and form of delivery. Complaints must be made in writing and no later than 3 days after delivery. Damage during transport must be noted on the carrier's shipping documents and must be reported to the carrier and seller immediately.
9. DEFAULT
If the buyer does not fulfill his obligations correctly or on time, it is the supplier's choice whether he wants to cancel the contract in whole or in part - or postpone the fulfillment. The same applies in the event of bankruptcy, non-payment, when the buyer is disqualified or his business has ceased.
10. Personal data
The controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller, in line with the Personal Data Act, can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
11. DISPUTE - TRIAL
The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Protection Authority for mediation. In all conflicts, Norwegian law is applied, and the case is brought through the Norwegian legal system, at the Buskerud District Court.
1.1 These sales and delivery conditions apply to Manaheim AS, hereinafter referred to as the supplier, unless otherwise agreed in writing, and replace previous editions of sales and delivery conditions. In addition to this, NS 8405 applies in Norway and ORGALIME 2000 when exporting.
1.2 Where nothing else is mentioned, delivery conditions are: free from stock, exclusive of packaging and ex VAT.
1.3 Delivery takes place at the buyer's expense and risk. The supplier is not obliged to take out insurance for the shipment of the goods unless this has been expressly agreed in advance.
The mode of transport is chosen by the supplier, unless otherwise agreed.
1.4 Delivery with a net invoice value of less than NOK 1,500 will be subject to a processing fee of NOK 100 per invoice, unless:
a) The item is picked up from stock and paid for in cash.
b) The item is sent as cash on delivery. Postage and fees are charged according to the carrier's rates.
2. PRICES / DELIVERY TIME
2.1 The offer is valid for 30 days from the date of the offer. All offers are non-binding. An agreement is only concluded when the supplier's order confirmation is available. For stock items, reservations are made regarding intermediate sales. The delivery time is only guaranteed if this is expressly agreed in the written text of the agreement.
2.2 The prices in the offer are based on the offer day's material prices, customs duties, exchange rates, applicable public taxes and labor wages, and the supplier reserves the right to adjust the prices in the event of changes to these. Where no offer is available, the order confirmation date applies here.
2.3
a) Offers and price lists are indicative, i.e. the supplier is only bound to an order or sales agreement if this has been confirmed in writing. Exceptions are offers with a specified validity date where the order is in our hands before the stated date.
b) The supplier retains all rights to data provided in the offer. The same applies to models, samples, materials, drawings and instructions for use.
c) The offer must not be copied or passed on without written permission.
d) The stated price for the goods and services is the total price the buyer must pay.
3. PAYMENT, OWNERSHIP AND ENVIRONMENTAL FEES
3.1 The invoice is due for payment 10 days net from the invoice date if nothing else has been agreed. After maturity, interest is calculated.
3.2 The supplier reserves the lien on the goods delivered until these have been fully paid in accordance with the provisions of the Pledge Act on contractual pledges of movable property: ACT 1980-02-08 no. 02: Pledge Act, § 3-1 to § 3-22, interest and costs will be added at the applicable rates, in case of payment after due date. Items subject to a sales pledge cannot be disposed of / pawned / joined together and the buyer does not have the right to resell the item until it has been paid for in full.
3.3 On all CE marked products, there is a 1% environmental fee in addition to the price, unless otherwise agreed.
3.4 If the buyer does not pay the purchase price in accordance with the agreement, the seller can claim interest on the purchase price in accordance with the Late Interest Act. In the event of non-payment, the claim may, after prior notice, be sent to debt collection. The buyer can then be held liable for fees according to the Debt Collection Act.
4. CANCELLATION AND RETURN
4.1 Delayed delivery does not entitle the order to be canceled unless the agreed delivery time is exceeded by at least 60 days.
4.2 Cancellation of orders will not be accepted without a separate agreement with the supplier. The buyer bears all costs of cancellation, with the exception of the provisions in section 4.1
4.3 Return of delivered material is only accepted after prior agreement. Non-stocked material cannot be accepted as returned. Return costs will be charged to the buyer. Any return must include the order number or invoice number. provided.
5. QUALITY / DRAWINGS / TECHNICAL INFORMATION, ETC.
If the goods are not ordered according to a standard or stated quality requirements, the materials are delivered without responsibility for special quality requirements. Illustrations, drawings and assignments of technical data, such as weight, dimensions, volume, performance, power requirements etc. in catalogues, brochures, websites and other advertising material serve only as a guide and must not be taken as final or binding. The buyer has the risk that the technical data and the sale item in every respect suit his needs.
6. RESPONSIBILITY AND COMPLAINTS
6.1 The period for complaints is 12 months after delivery of material / goods, provided that there is a defect in the material / goods or work carried out by the supplier or work carried out on behalf of the seller and according to agreement with the seller.
6.2 The supplier accepts no responsibility for direct damage, loss, inconvenience or consequential damage caused by the delivered material / goods.
6.3 For delivered material / goods, the supplier assumes responsibility for complaints, as the customer submits a complaint claim without undue delay. The supplier invokes the right to rectify the defect, or re-deliver the item if it is expedient. The customer cannot claim compensation for work or other costs in connection with the rectification of the defect.
6.4 The supplier does not assume responsibility other than that specified above and the supplier is thus not responsible for any damage to the delivered material that is due to incorrect assembly, when the assembly has not been carried out by the supplier or is due to incorrect use of the product.
6.5 The supplier is also not in any respect responsible for and is not obliged to pay for repairs that the buyer carries out or causes to be carried out without the supplier's consent.
6.6 Transport costs for disassembly and assembly in connection with any claims work are not covered by the supplier.
6.7 Complaints are only valid if the buyer has fulfilled his obligations towards the supplier. The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
6.8 The withdrawal period is extended to 12 months after the expiry of the original period if the seller does not inform the seller of the right of withdrawal and a standardized withdrawal form before entering into the agreement. The same applies in the event of a lack of information on terms, deadlines and procedures for exercising the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
6.9 When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal. The buyer can try or test the goods in a reasonable way to determine the nature, characteristics and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he/she has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.
7. FORCE MAJEURE
The supplier is not responsible for the following due to force majeure. The buyer and supplier can fully or partially raise the sale if such conditions are of a permanent nature. If the conditions are of a temporary nature, both parties can demand that the delivery time be postponed. If the supplier's subcontractor carries out cancellation of any kind, the supplier has a corresponding right vis-à-vis the buyer. If one of the parties wishes to invoke force majeure, he must notify the other party without undue delay.
8. CHECK OF THE ITEM
On receipt of the goods, the buyer must check them against any packing slip, and examine the goods properly depending on the nature of the goods and form of delivery. Complaints must be made in writing and no later than 3 days after delivery. Damage during transport must be noted on the carrier's shipping documents and must be reported to the carrier and seller immediately.
9. DEFAULT
If the buyer does not fulfill his obligations correctly or on time, it is the supplier's choice whether he wants to cancel the contract in whole or in part - or postpone the fulfillment. The same applies in the event of bankruptcy, non-payment, when the buyer is disqualified or his business has ceased.
10. Personal data
The controller for collected personal data is the seller. Unless the buyer agrees otherwise, the seller, in line with the Personal Data Act, can only obtain and store the personal data that is necessary for the seller to be able to carry out the obligations under the agreement. The buyer's personal data will only be disclosed to others if it is necessary for the seller to complete the agreement with the buyer, or in statutory cases.
11. DISPUTE - TRIAL
The parties shall attempt to resolve any disputes amicably. If this is not successful, the buyer can contact the Norwegian Consumer Protection Authority for mediation. In all conflicts, Norwegian law is applied, and the case is brought through the Norwegian legal system, at the Buskerud District Court.