Standard Terms and Conditions of Sale and Delivery
The purpose of these Standard Terms and Conditions of Sale and Delivery is to define the commercial relationship between the buyer and JFKnudtzen AS, hereinafter referred to as the Seller.
General
These Standard Terms and Conditions of Sale and Delivery apply to all deliveries unless otherwise agreed in writing between the parties, for example in a framework agreement. The current version of the Standard Terms and Conditions of Sale is available at www.jfknudtzen.no.
For matters not regulated by this document, the provisions of NL 09 shall apply.
Payment shall be made within 30 days net. Interest on overdue payments will be charged in accordance with the Norwegian Act on Interest on Overdue Payments.
The standard delivery term is Ex Works (EXW) from our warehouse in Billingstad. This means that the risk and responsibility for the goods pass to the buyer as soon as the goods are made available for collection at the Seller’s premises. The buyer is responsible for transportation, insurance, and all other costs related to shipment unless otherwise agreed in writing.
Orders with a net value below NOK 1500 will be subject to an administration fee of NOK 250.
Standard Delivery
Standard Delivery of Stocked Items
Goods are dispatched immediately from our warehouse in Billingstad. Normal delivery time is approximately 1–2 business days. Pricing is governed by the agreement between the buyer and the Seller.
Standard Delivery of Non-Stock Items
The Seller will provide an estimated delivery time by agreement. Delivery times depend on the supplier’s inventory levels and lead times.
Delivery of Customized Solutions
The Seller will provide an estimated delivery time by agreement. Delivery times for customized solutions may vary depending on the nature of the solution.
Express Delivery
Express Delivery of Stocked Items
Orders placed before 14:30 will be dispatched the same day. Orders placed after 14:30 will be dispatched on the next business day.
Express delivery is only available for shipments with a maximum weight and length of 25 kg and 1.2 m respectively. Shipments exceeding these limits cannot be sent by express delivery. Additional freight charges apply.
Express Delivery of Non-Stock Items
The Seller will provide an estimated delivery time and price upon request. Delivery times depend on the supplier’s inventory levels and lead times.
Goods are sold subject to a retention of title as security for the Seller’s claim for the purchase price, including interest and costs, pursuant to Section 3-14 of the Norwegian Mortgages and Pledges Act. The Seller retains ownership of the goods until full payment has been received pursuant to Section 3-22 of the same Act.
Full payment shall not be deemed completed until any overdue interest and legal costs have also been paid in full. The buyer accepts voluntary return of the pledged goods in the event of payment default.
The Seller reserves the right, at its sole discretion, to require security in the form of a bank guarantee or advance payment.
Non-stock items (i.e., items that are not standard inventory products) are sold only in full package quantities.
Goods may only be returned by prior agreement. Return costs are set at 20% of the product price. The minimum return handling charge is NOK 250.
Returned goods must not be older than one year, and only complete packages in their original packaging will be accepted. The Seller’s issued return documentation must accompany the return shipment. Returns are always made at the buyer’s expense and risk.
Non-stock items and customized solutions cannot be returned.
Stock items resulting in unnecessary inventory accumulation for the Seller cannot be cancelled by the buyer unless the same quantity can be cancelled or returned to the Seller’s supplier.
“Unnecessary inventory accumulation” means quantities exceeding a maximum of 12 months’ accumulated sales/consumption. In addition, there must have been more than one purchasing customer during the last 12 months.
The buyer shall inspect the goods without undue delay after delivery and submit any complaint in writing upon discovery of a defect, and no later than 10 business days thereafter.
Hidden defects must be reported no later than two years after delivery.
If a complaint is made in due time, the Seller shall have the right and obligation to remedy the defect within a reasonable period, either by replacement delivery or repair.
Any corrective work carried out by the buyer or a third party must be approved in advance by the Seller in order for reimbursement to be claimed.
A price reduction or termination of the contract may only be claimed if the Seller has failed to remedy the defect within a reasonable period.
The buyer loses the right to invoke the defect if a complaint is not submitted within the applicable deadlines, cf. NL 09 Section 28.
Unless otherwise agreed, no warranty applies beyond the Seller’s liability under NL 09.
Any warranty applies only to material and manufacturing defects and presupposes that the goods have been used in accordance with specifications and instructions.
The warranty period is 12 months from delivery.
The warranty becomes void if the buyer modifies the goods, fails to follow operating instructions, or fails to fulfill payment obligations.
The buyer must demonstrate that a defect exists within the scope of the warranty and submit any complaint in accordance with these terms.
EEE products may be returned free of charge for recycling. Any transportation costs associated with such returns to the Seller shall be borne by the buyer.
The Seller’s liability for defective or delayed deliveries is limited to 10% of the value of the delivery.
The Seller shall not be liable for damages resulting from circumstances beyond its control, including failures by its own suppliers to fulfill contractual obligations.
Under no circumstances shall the Seller be liable for loss of production, loss of profit, or any other indirect or unforeseeable losses.
The Seller’s liability shall also exclude damage to third-party property and losses associated with the buyer’s processing, further manufacturing, or resale of the goods.
The Seller assumes no product liability beyond what is required by mandatory law.
The buyer may not cancel an order that has been confirmed by the Seller.
In the event of cancellation, the buyer shall be charged for any additional costs incurred by the Seller from suppliers, freight forwarders, or carriers.
Prices listed in price lists are indicative only and may be changed without notice due to external circumstances, including but not limited to currency fluctuations, changes in market conditions, and changes in delivery terms imposed by suppliers.
All prices in the online store are stated exclusive of VAT.
The Seller reserves the right to correct printing errors and pricing errors in the online store, price lists, and other marketing materials.
In the event of incorrect pricing, regardless of cause, the Seller reserves the right to cancel orders without compensation, even after an order confirmation has been issued. This also applies where the buyer could not reasonably be expected to recognize the error, provided that the error results from an obvious technical malfunction, manual input error, or similar circumstance.
As a general rule, however, the Seller will deliver the goods at the stated price if the deviation results from a minor typographical or clerical error, unless the buyer understood or should have understood that the price was incorrect.
The Seller shall not be liable for delays or failure to deliver caused by circumstances beyond the Seller’s control, including but not limited to strikes, fire, natural disasters, war, pandemics, governmental actions, shortages of raw materials, transportation failures, or breaches by subcontractors.
Such circumstances entitle the Seller to a corresponding extension of time or to terminate the agreement without liability.
If such impediments continue for more than 60 days, either party may terminate the agreement with respect to the affected delivery.
This agreement shall be governed by and construed in accordance with Norwegian law.
Any dispute arising out of or in connection with this agreement shall be settled by legal proceedings before the ordinary courts unless the parties agree otherwise.
The parties agree that the Asker og Bærum tingrett shall be the exclusive venue for any such proceedings. Asker og Bærum tingrett