Terms of sale and delivery
- 1. Introduction
- 2. Offers/information about products & price
- 3. Drawings etc.
- 4. Documentation
- 5. FAT (Factory Acceptance Test)
- 6. Sales item
- 7. Prices and packaging
- 8. Additional invoicing
- 9. Transport
- 10. Invoicing
- 11. Quantity
- 12. Delivery time
- 13. Return of product
- 14. Sales pledge
- 15. Payment terms
- 16. Complaint
- 17. Force majeure
- 18. Warranty
- 19. Arbitration
These terms of sale and delivery apply in full to all offers, sales and future deliveries, unless otherwise agreed in writing between the parties. The buyer’s possible terms of purchase will not be tacitly adopted by Norske Backer AS.
Any offer is non-binding, as the agreement is concluded by order confirmation from Norske Backer AS. All illustrations, drawings and assignments of prices and technical information in catalogs, brochures and other advertising material are indicative. The buyer is responsible and at risk that the technical data and the item in its entirety suit his needs.
Drawings, technical descriptions, etc. which a party leaves to another before or after the conclusion of the agreement, remains the original owner’s property and must not without written consent be handed over to – or brought to the knowledge of third parties, nor must it be used contrary to Norske Backers interest.
Norske Backers standard documentation is included in the price, and contains the following documents:
a) General Arrangement Drawing
b) Termination Drawings
c) Heater Data Sheets
d) Installation, Operation & Maintenance Manual
e) Declaration of Confirmity
f) Ex / Atex Certificate
g) Factory Acceptance Test Report
Documentation beyond this is invoiced separately.
FAT that have not been agreed in advance are invoiced for elapsed time according to current hourly rates
The latest edition of the specified standard applies in original and in full condition. If the item is not ordered according to standard or with specified quality figures, the item is delivered without responsibility for special quality figures. Any additional equipment or special equipment and other adaptation to the buyer’s needs must be specifically specified by him, and confirmed separately by Norske Backer AS.
Prices apply to: FCA, Norske Backer, Jostein Svendheimsveg 8, 2212 Kongsvinger, Incoterms 2010, EXCLUSIVE packaging and VAT. For packaging that is not returned, a cost price will be charged. Standard pallets and frames can be returned within 2 months freely delivered to our factory, and credited at the agreed price.
After the order confirmation has been received and the documentation has been approved, it is in principle not possible to make changes to the order. If it is still necessary, this entails an ADDITION, and is invoiced at the following rates:
Change of order before start of production:
a) Modification of documentation (drawings, wiring diagrams and the like), invoiced current hourly rates for elapsed time.
b) Materials that have been ordered from a subcontractor and cannot be stopped / returned are invoiced in full, including shipping.
Change of order after start of production:
a) Modification of documentation (drawings, wiring diagrams and the like), invoiced according to current hourly rates for elapsed time.
b) Materials that have been processed are invoiced in full.
Materials that have been ordered from a subcontractor and cannot be stopped / returned are invoiced in full.
c) Change that entails a stop in production, in addition 3% is invoiced per day of the value of the order, with up to 3 days.
Changing the order will result in a postponement of the delivery date.
Transport takes place at the buyer’s expense and risk. Norske Backer does not take responsibility for damage that has occurred during transport.
The invoice is dated the day the item is sent from Norske Backer. The date of issue is used as the basis for the VAT calculation.
The buyer is obliged to accept the normal deviation that occurs during manufacture. Over- / under-deliveries may deviate a maximum of 10% of the ordered quantity, unless otherwise agreed between the buyer and Norske Backer.
The stated delivery time is indicative if no fixed delivery time has been expressly agreed.
Delivery time is postponed if:
a) Any necessary public licenses are not available as intended.
b) Norske Backer has not received the necessary technical data from the buyer.
c) Any advance payment has not been received.
Delivery time is the day the item is ready for shipment from the seller or the supplier where the order is placed. Norske Backer is not responsible for exceeding the recommended delivery time.
Return of the item must always be agreed in advance.
a) Standard material is credited to the buyer’s net invoice amount minus 25%
b) Incorrectly dispatched standard material is credited or replaced with other material.
c) Improperly ordered special equipment is not credited.
d) Procurement goods that cannot be stocked by Norske Backer AS will not be returned without this being accepted by a subcontractor.
At all returns, the item must be in such a condition that the item can be sold at no extra cost. Returns are made at the expense of Norske Backers, only if there are errors on our part, e.g. error handling, manufacturing errors or the like.
Norske Backer has a sales lien on the item until the sale price plus any interest and costs has been paid. Cf. Panteloven Act of 8 / 2-1980.
Norske Backer offers a number of logistics solutions and has a flexible and customer-oriented attitude, which means that we can live up to our customers’ requirements and needs. When it comes to contracts and agreements, we refer to and follow Incoterms 2010. We can also offer customized solutions for packaging and delivery, to make it easier for our customers and affect the environment as little as possible. We can even offer storage rooms when needed.
We take your success seriously!
In order for a complaint to be accepted, the complained product (s) must be returned to Norske Backer. If personnel at Norske Backer show up at the installation (s), travel and travel time will be invoiced to the buyer. The reason for the complaint, as well as the installation and replacement date are clearly stated on the complaint slip. If several errors occur in the same shipment, the note must be attached to each advertised product. Product identification must also be included in the complaint report.
Norske Backer does not reimburse replacement costs.
The buyer may not cancel the purchase, demand a price reduction or compensation where the delay is due to circumstances outside Norske Backer’s possibility of averting.
Norske Backer general warranty is 12 months from the delivery date, and applies to material and production technical defects.
If a dispute arises between the parties, this is settled by arbitration in accordance with Norwegian procedural and substantive law at Norske Backers’ venue.