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Sale and Delivery - Terms and Conditions

updated: 24.08.23

1. Introduction
These sale and delivery conditions apply unless otherwise is agreed in writing between the parties.

With the reservations below, the tender is binding for 30 days after the submission of the tender. The price that is current on the delivery day applies to all sales. The price is, among others, based on the tenders of our suppliers, as well as the customs and tax rates, and the exchange rate that apply on the day that the item is delivered. The seller is able to adjust the price as stated in the tender if there are later changes in our supplier’s prices, if the customs and tax rates have changed, or if the exchange rate changes. All prices are stated without VAT. VAT therefore comes in addition to the price.

Unless otherwise is agreed in writing, the item is delivered according to the specifications given in a separate data sheet.

All brochures, price lists and other literature are as accurate as possible and shall only be binding on the Seller if they are expressly confirmed in writing. The Seller reserves the right to modify them at any time for any reason as it may determine.

The item shall be delivered at the agreed delivery time. The delivery time is extended if: the buyer has not paid the entire or part of the purchase price according to the agreement. The buyer has not provided the specified security to the agreed time. The buyer has not at the agreed – or presumed – time provided the seller with all technical information and all other information that is necessary for the item to be delivered within the set deadline. The buyer has in any other way caused the seller to be unable to keep the set delivery time.

In case of significant delays from the buyer, the seller can cancel the agreement, and claim compensation for any losses he has suffered because of the cancellation of the agreement.

If the agreement is not cancelled, the seller shall carry out delivery as soon as he is able to, when the seller’s obligations to other customers is taken into consideration, as well as other conditions that are significant for when delivery can be made.

If the seller and buyer, after the delivery time for the item has been set, agrees that physical changes to the item shall be made, a new delivery time shall be set at the same time.

The seller’s obligation to deliver the item lapses, or is delayed, when delivery cannot be made to the agreed time due to war, military uprising, civil war, fire, work conflict, currency restrictions, shortages, labour shortages, limitations regarding power supply, delayed delivery of goods from subcontractors, or other conditions that to a significant degree impedes the seller’s ability to deliver the item or deliver the item at the specified time.

If there are significant delays from the seller’s side, the buyer can invoke significant default of the agreement. The buyer can then cancel the agreement. If the buyer cancels the agreement due to significant default from the seller, the buyer is not obligated to paying any part of the purchase price. If the buyer has made a partial payment, the part of the purchase price that has been paid, can be refunded.

The buyer cannot claim compensation, daily fines or any other compensation from the seller due to any delay from the seller’s side. This applies whether the delay is significant or not, and without regards to whether the agreement is cancelled or not.

In no event shall the Seller be liable to the Buyer and any third party for loss of production, loss of business or profit or any other indirect, special, or consequential damages.

The Buyer shall indemnify and hold the Seller harmless from any liabilities, claims, costs (including reasonable attorney's fees), expenses and damages in connection with the infringement by the Seller or a third party's patent, copyright or other intellectual property right which arises from the Seller's compliance with the Buyer's design or specifications.

Inasmuch the duty of care for the item or item delivery, the provisions of the Sale of Goods Act per 13.05.1988 § 72 ff. shall apply.

The seller’s standard delivery conditions are FCA Dansrudveien 45, Drammen. The item is therefore considered to be delivered to the buyer when the buyer collects the item, or when the item is delivered to the carrier. The item risk is therefore transferred to the buyer as soon as the item has been delivered to the carrier, or when the buyer collects the item.

Unless otherwise is particularly agreed, the item will be sent through the carrier that the seller finds appropriate.

If the buyer would like to insure the item during transport, that is for the time after the item has been handed to the carrier, the buyer must take out insurance on his own.

When receiving the item, the buyer is bound to immediately inspecting the item thoroughly, so that any errors or defects in the item or the consignment immediately can be detected. Complaints for the item or the consignment shall be carried out as soon as possible, and 8 days after the defect was discovered or should have been discovered at the latest. Late complaints will cause the buyer to lose any claims towards the seller.

Any claims regarding errors or defects in the item or the consignment will under any circumstance lapse 1 year after the item was sent or delivered by the seller at the latest.

The seller has no responsibility neither for direct nor indirect losses that may occur due to errors or defects with the item that is delivered. This applies to for example: Losses due to reduced or lapsed production, loss due to the item not being possible to be made use of as planned, loss due to any contract with a third party lapsing or not being properly fulfilled, and loss due to damage to something else than the sales object.

What is stated above does not apply if the damage is due to any intentional or grossly negligent actions from the seller or the seller’s employees.

All drawings, models and samples that are sent to the buyer remain the property of the seller. The buyer is therefore not entitled to copying, imitating or in any other way utilizing any drawings, models or samples he has received from the seller.

Physically sent drawings, models and samples shall be returned to the seller immediately after the buyer has been able to review what has been sent. The received drawings, samples and models shall be returned to the seller as soon as the seller asks for it under any circumstance.

Goods can only be returned according to particular agreement. The goods shall be in their unbroken, original packaging. When returned, the item shall be labelled with FOSS AS’ return number, which is stated by the seller when arranging the return of the item.

FOSS AS is a member of the return scheme for drums, some types of packaging, and electronic waste. Returning items and special waste included in the return scheme must be arranged before any return can be done.

The seller may require the item or the consignment to be paid fully or partially in advance, that an indemnity guarantee shall be made from the bank, or that any other security shall be provided for payment of the purchase price.

Unless otherwise is agreed, the payment shall be made 15 days after the invoice has been sent to the buyer at the latest.

If the payment is late, the buyer is bound to paying interest on arrears with the at any time applicable interest rate acc. to the act on interest on late payments etc. per 17.12.1996.
The payment is only considered to have been made when the sum is paid into the seller’s account.

Complaints due to smaller, significant defects do not exempt the buyer from the obligation to making payments on time.

The sale, resale or other disposition of certain Goods and related technologies or documentation may be subject to the export control laws, regulations and orders of the country from where the Goods will be exported (Norway or Slovakia) and may also be subject to the export and/or import control laws and regulations of other countries. The Purchaser agrees to comply with all such laws, regulations and orders and acknowledges that it shall not directly or indirectly export any Goods to any country to which such export or transmission is restricted or prohibited. The Purchaser acknowledges its responsibility to obtain any license to export, re-export or import as may be required.

The seller has a lien on the goods until the entire purchase price for the goods, plus interest and expenses have been paid, acc. to § 3-14 of the Mortgage Act. As long as the purchase price for the items has not been paid, the items cannot be sold or pledged without the seller’s approval, acc. to § 3-16 of the Mortgage Act. The seller is at any time also entitled to require other security for the purchase price of the goods plus interest and expenses.

In case of insolvency, - without prejudice to any other right or remedy available to the Seller, Seller shall be entitled to terminate the Contract or suspend any further deliveries of the Products and/or Services or suspend any further activities without any liability to the Buyer, and if the Products and/or Services have been delivered but not paid for, the price shall become immediately due and payable by the Buyer notwithstanding any contrary agreement.

The Buyer shall comply with all laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption applicable in Slovak republic, European Union including Bribery Act 2010 (applicable for UK). The Buyer shall ensure that it has in place adequate procedures to ensure compliance with such bribery laws to prevent bribery
and shall use all reasonable endeavours to ensure that all of its personnel, all others associated with it, and all of its subcontractors involved with the Contract so comply.

Without limitation to the above, the Buyer shall not make or receive any bribe or other improper payment or allow any such to be made or received on its behalf, either in Slovak republic or elsewhere, and will implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.

The Buyer shall comply with all applicable anti-slavery and human trafficking laws, statutes, regulations, and codes from time to time in force in Slovak republic, European Union and with Modern Slavery Act 2015 (applicable for UK).

The Buyer shall not engage in any activity, practice, or conduct that would constitute an offence under sections 1, 2 or 4, of the Modern Slavery Act 2015 if such activity, practice or conduct were carried out in the UK.

The Buyer represents and warrants that it has not been convicted of any offence involving slavery and human trafficking; nor has it been the subject of any investigation, inquiry or enforcement proceedings regarding any offence or alleged offence of or in connection with slavery and human trafficking.

The warranty is 12 months, unless otherwise is specified. The warranty applies from the time when the items are sent to, or collected by, the buyer.

The warranty covers repairs and rectification of material and production defects free of charge, provided that the buyer complains in time, and the seller is warned in writing of the defect before the warranty expires. The warranty work is carried out by the seller within normal work hours. The warranty work is carried out within a reasonable time after the buyer has brought the items to the seller’s facilities.

Any expense – hereunder expenses for freight/transport – connected to the warranty work is covered by the buyer.

Instead of repairing or rectifying the item, the seller may choose to re-deliver.

Even if the warranty has not expired, the seller’s warranty commitments lapse in the following cases:

When the item has been tampered with without the seller’s approval

When the item is damaged due to improper treatment, erroneous assembly, or laws or regulations etc. have been broken.

The warranty does not include wear due to normal use.

For conditions not discussed in the above sale and delivery conditions, we refer to the Sale of Goods Act per 13.05.1988. Norwegian law applies.

The parties have agreed that any litigation shall be established at the seller’s regular jurisdiction, ref. § 4-6 of the Civil Disputes Act. Norwegian law applies.

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