Sales and delivery terms for Gylling Teknikk AS
1. These general sales and delivery terms shall apply unless otherwise agreed in writing. The Buyer's standard conditions only apply if it has been confirmed in writing by the Seller at the latest at the time of the agreement. The Buyer is considered to have accepted the conditions if Gylling Teknikk AS (hereinafter Gylling) has not received a written objection within 8 working days of the order confirmation date.
2. Price/Terms of payment
Prices are net 15 days excluding VAT and environmental tax, Ex Works our warehouse. Prices are based on the rates of exchange, customs duties, shipping costs, and taxes applying at the time the contract was concluded, unless otherwise specified in the offer.
Prices are subject to potential adjustment based on the price of raw materials, exchange rates, customs duties, shipping costs, or taxes applying at time of invoicing. Should these values change by more than 2%, Gylling reserves the right to adjust prices to the equivalent of the current level. For orders less than NOK 500, a handling fee will be charged equivalent to the current level.
In the event of delayed payment, the Seller is entitled to the general late payment interest + 5% p.a. applicable at all times, calculated from the due date. The Buyer's complaint about insignificant defects does not exempt the Buyer from paying the purchase price in full. The Buyer does not have the right to offset the purchase price with any other claims against the Seller.
The quoted delivery time is based on information from Gylling's suppliers, and Gylling shall do its utmost to ensure that the delivery time is maintained. In the case of considerable delays in delivery, the Buyer shall be informed without delay. Late delivery alone does not give the buyer the right to cancel the contract/agreement or to claim compensation.
If the Buyer cannot accept the goods at the agreed time, the goods will be stored at the Buyer's account and risk. In such cases, Gylling may demand payment in accordance with the sales contract as if the delivery had taken place.
This applies for example if:
a) The Buyer has not paid or provided satisfactory security by the agreed time.
b) The Buyer has not provided the Seller with the necessary technical or other information within the agreed time.
c) The Buyer refuses to receive the goods, or cannot receive the goods, at the agreed time. The same applies if the Buyer has not made the necessary preparations for the goods to be received at the agreed time.
d) The Buyer requires a change in the delivery which affects the delivery time.
In case of delivery directly from the manufacturer, delivery shall be deemed to have taken place at the time the goods are made available to the Buyer, at the place specified by the Buyer. In such cases, the Seller has no responsibility for the delay.
4. Shipment and insurance
Delivery is made from Gylling’s warehouse at Rud in Bærum. All shipping takes place at the Buyer's expense and risk. Minimum shipping cost is NOK 180.
The Seller will keep the goods insured until they reach the warehouse. Insurance for onward transport is the Buyer's responsibility, unless otherwise agreed.
5. Security for unpaid purchase
The Seller has security for unpaid purchase in the supplied goods as security for payment of the purchase sum with the addition of interest and costs until payment is made. The Buyer must therefore treat the goods accordingly.
6. Illustrations and other documentation
All copyright to design material, illustrations, and other documents handed over to the Buyer remains with the Seller. The Buyer is only entitled to use such illustrations and other documents in connection with the operation, repair, and maintenance of the supplied goods. The illustrations and other documents may not be copied, reproduced, or handed over to third parties without the consent of the Seller.
The Buyer must inspect the goods upon receipt and submit a claim for any faults or deficiencies immediately and no later than 8 days after receipt of the goods. No claims can be accepted by Gylling in respect of deficiencies discovered later than one year after delivery.
Information and descriptions of all sorts, including illustrations in brochures, catalogues, and other advertising material, instruction manuals, drawings, technical specifications, etc. are for guidance only and may not be invoked by the Buyer unless such information and/or descriptions are referred to in the order confirmation.
The risk and liability for the supplied goods being suitable for Buyer's purpose or being in accordance with the Buyer's wishes rests with the Buyer alone.
Gylling is liable for any defects in the products at time of delivery. There is a defect if the products are not in accordance with the agreement or general industry standard and applicable Norwegian laws and regulations at the time of the agreement, and this is not due to the Buyer or conditions for which the Buyer is at risk. For example, there is no defect if the deviation is caused by materials provided by the Buyer or constructions that are prescribed or specified by the Buyer.
Gylling is not liable if:
a) The goods have been interfered with without Gylling's approval or the goods have been fitted or used in an incorrect or unapproved manner.
b) The goods are damaged because of unskilled handling or repair.
c) The defect can be shown to be the result of normal wear and tear or lack of maintenance.
Gylling has the right to rectify defects by offering a new delivery or repair/correction. Gylling's liability is limited to the supply of new goods. Expenses connected with transport, repair, dismantling, and assembly is not Gylling’s responsibility.
Gylling's liability does not include indirect losses. Indirect losses include labour costs, losses as a result of not being able to use the product as intended, losses as a result of damage to other than the product itself, damage as a result of the product's further use, losses as a result of reduced or discontinued production or sales, lost profits as a result of a contract with a third party falling apart/not being properly fulfilled, and claims from third parties.
9. Force majeure
Gylling is not liable for any compensation in case of force majeure, including war, natural disasters, strikes, lockouts, etc. In the event of force majeure, both parties can request that the delivery time be postponed. Both parties can terminate the agreement if the force majeure situation lasts longer than 360 days.
A binding sales contract has been concluded when Gylling has confirmed the Buyer's order. The contract may only be amended when Gylling has agreed to this in writing. Goods are not accepted for return unless a special agreement has been made. Costs of returning goods are for the account and risk of the Buyer.
We calculate a return fee equivalent to 15% of the purchase price for normal stock items. Customer-specified goods cannot be returned unless faults can be documented.
Offers are binding for 30 days unless otherwise stated in the offer.
13. Choice of law and jurisdiction
The contractual relationship is governed by Norwegian law. The parties accept Ringerike, Asker, and Bærum District Court as the agreed venue for all disputes arising from the contractual relationship.
Last edit 29.11.2023