GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY FOR STUDIO PIETRA ELEMENT / VIKEN BÆREKRAFTIG UTVIKLING AS
Effective from September 1, 2023
1 General
In these general terms and conditions of sale and delivery (“the Terms”), the supplier Studio Pietra Element/Viken Bærekraftig Utvikling AS is referred to as “VBKU” and the buyer is referred to as “the Customer.”
The Terms apply to any delivery from VBKU to the Customer unless otherwise specifically agreed. Any purchase conditions of the Customer apply only when, and to the extent that, they are expressly accepted by VBKU for the individual delivery.
By means of the Terms, the general provisions of the Norwegian Sale of Goods Act and any other non-mandatory legislation that might otherwise apply are waived. In consumer purchases, the Terms apply with the amendments that follow from the Consumer Purchases Act and other mandatory legislation.
2 Prices
All products are delivered by VBKU to the Customer in accordance with VBKU’s price lists as of the order date, unless otherwise specifically agreed. VBKU reserves the right to adjust the agreed prices with effect for the delivery in the event of changes in duties or taxes that come into force between the time of order and delivery, as well as due to changes in product costs, exchange rates, and increased costs resulting from strikes, lockouts, war, natural disasters, acts of terrorism, or other circumstances of material significance for the delivery that are beyond VBKU’s control.
3 Payment
If the Customer has been granted credit by VBKU, payment shall be made within 15 days from the invoice date, unless otherwise agreed in writing. In the event of late or delayed payment, default interest will accrue in accordance with the provisions of the Late Interest Act. The Customer is also liable to VBKU for any reminder and collection costs.
For orders that go beyond standard contracts or special agreements, 50% of the agreed purchase price will be invoiced on account upon ordering. The account is due for payment immediately. The remaining 50% will be invoiced in accordance with the agreement, normally upon arrival of the goods at VBKU’s warehouse or directly to the Customer, depending on the form of delivery. This applies to both project deliveries and purchases of products.
4 Delivery
The time of delivery is always upon delivery to VBKU in accordance with the applicable Incoterms at any given time, unless otherwise specifically agreed. By special agreement, VBKU may arrange transport and insurance at the Customer’s expense and risk.
Pallets and other special packaging are charged according to applicable rates. Reusable pallets (Euro pallets) will only be accepted for return by VBKU upon special agreement, and in any case limited to the number of such pallets that the Customer has been charged for in deliveries from VBKU.
The Customer is solely responsible for ensuring that the ordered and delivered products are suitable for the actual purpose for which the Customer uses them.
5 Returns
The Customer may, upon presentation of an invoice/receipt, return surplus products in unopened packaging within 30 days after delivery. The right of return only applies to regular/stocked items, and not to sale items, made-to-order products, or special orders. The Customer will be credited for the return in accordance with the actual prices of the delivery. Return shipping costs and related expenses are borne by the Customer. Cancellation or changes to orders are only accepted for regular/stocked products and not for sale items, made-to-order products, or special orders. The Customer is encouraged to record the serial number, shading, and calibration (applies to tiles) of returned goods in case later replenishments are needed. The same shading cannot be guaranteed for replenishments.
6 Receipt Inspection
Upon receiving any products, the Customer is obliged to immediately check that the delivered products are in accordance with the order confirmation from VBKU, including whether there are any damages to or shortages in the shipment. Furthermore, before the products are put into use – including before tile installation begins – the Customer must check that the serial number, shading, and calibration match for the respective parts of the delivery and ensure that there are no color variations beyond acceptable tolerances for installation. The Customer must promptly notify VBKU of any such discrepancies and refrain from using the products covered by the reported discrepancy. Any discrepancies not reported to VBKU before tiles or other equipment have been installed are the sole responsibility of the Customer.
7 Delay
If a delivery time has not been specifically agreed, VBKU is free to choose the delivery date, provided that delivery takes place within a reasonable time. Any indication of delivery time given by VBKU will be based on information from the supplier/manufacturer. VBKU bears no liability to the Customer if the delivery is delayed due to a change in delivery time from the supplier/manufacturer, delays in transport from the supplier/manufacturer to VBKU, or other circumstances beyond VBKU’s control, including but not limited to war, acts of terrorism, natural disasters, fire, strikes, lockouts, etc. (“force majeure”). In the case of partial deliveries, each partial delivery shall be assessed separately with regard to any delay. If the Customer wishes to invoke delay against VBKU, the Customer must notify VBKU immediately and no later than 8 days after delivery.
8 Defects
The Customer is obliged to notify VBKU without undue delay of any defects or faults in the products that were not discovered and reported to VBKU during the receipt inspection pursuant to section 6. 6. In case of any defects, VBKU has the right to redeliver. VBKU has no financial obligations beyond this.
9 Claims
Any notification under section 6 Receipt Inspection, section 7 Delay, and section 8 Defects shall be made through a written claim. VBKU has prepared a specific form that specifies the information and documentation required for submitting a claim. The form is included as an appendix to the general terms and conditions of sale and delivery, available on VBKU’s website: www.vbku.no.
Where no deadline for submitting a claim is specified in the aforementioned provisions, a claim must be submitted without undue delay and no later than 6 months after delivery.
In the case of partial deliveries, however, the deadline shall be calculated from the final partial delivery.
All notifications and claims must be made in writing in this context.
10 Limitation of Liability
VBKU’s liability to the Customer in the event of delays or defects is limited to the agreed price of the delayed or defective products. In the case of partial deliveries, liability is limited to the agreed price for the individual partial delivery.
The limitations on VBKU’s liability under the general terms and conditions of sale and delivery shall be relaxed in accordance with applicable law if VBKU has acted with gross negligence or intent that gives rise to liability.
VBKU is not responsible for volume calculations in orders.
If the Customer wishes to make changes after purchase, such changes must be agreed with VBKU within 24 hours to avoid possible additional costs. Any change order will not be implemented by VBKU until the Customer has confirmed the change order in writing.
11 Design Hours with Architect
Drawings are based on visualizations with colors, materials, and products that may differ from actual structural and colored surfaces. Floor plans are indicative but not necessarily accurate working drawings, serving instead as a tool for the overall placement of elements in the room. The drawings do not take into account different construction principles. Non-dimensioned products cannot be considered more than an illustration within the drawings themselves. VBKU does not have project management or design responsibility unless otherwise agreed. Visualization of tile placement in drawings does not necessarily provide an exact representation to be used as a basis for how the tiles should be laid. In cases where VBKU is not responsible for the design, it is the Customer’s responsibility to ensure that the placement of elements and all measurements are checked by the executing contractor or designer. Any changes requested to the drawings must only be made through a meeting at VBKU. It is not VBKU’s responsibility to update drawings beyond what has been agreed to produce or what was produced during the meeting. Ordering of goods and other items is based on a confirmed order from VBKU, not on drawings.
12 Disputes
Any disputes that may arise from a delivery covered by the Terms shall, before being brought before the ordinary courts, be sought resolved amicably through negotiations. In the event of legal proceedings before the ordinary courts, the parties agree to submit to VBKU’s legal venue.
13 Choice of Law
In the event of deliveries from VBKU in Norway to the Customer in another country, the delivery shall be governed by Norwegian law.
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