STANDARD TERMS AND CONDITIONS OF SALE
General:
These terms of sale apply to all deliveries from Bravo Marine AS (seller) to customer (buyer), unless otherwise agreed in writing. Unless otherwise specifically provided in these conditions, the Purchase Act of 13 May 1988, No. 27 applies.
Delivery:
Delivery takes place in accordance with further agreement, offer, tender, etc. The time for delivery otherwise follows from the provisions of the Purchase Act, so that delivery is considered to have taken place when the goods have been handed over to an independent carrier. When the seller himself is responsible for the delivery, or the customer picks up the item from the seller, delivery takes place upon delivery to the customer.
Upon delivery, the risk of the item's accidental destruction passes to the buyer. If the buyer cannot receive the item / item at the agreed time, storage will be provided at the buyer's expense and risk. If the seller is to be responsible for the installation of the object, the buyer is responsible for preparing the installation site for the equipment, including providing the necessary connections or the like. If the seller must prepare the installation site, without this being agreed in advance or where the seller must use extra crew due to building conditions, this will be done at the buyer's expense and risk. The seller is not responsible for errors or delays that may occur as a result of defects in installations for which the customer is responsible. All shipments take place at the buyer's risk.
Item / Product:
All information about the product is indicative and must be checked before ordering. The information is only binding to the extent that such information is directly and explicitly referred to in an agreement between the parties.
Prices:
All prices quoted are ex. VAT, environmental fee, shipping and any extra external packaging such as boxes, cartons etc. Assembly and commissioning (including instructions on how to operate etc.) as well as training are not included in the stated prices, but must be agreed separately for the individual delivery.
Shipping costs are in addition to the agreed purchase price both for shipping with an independent carrier and for the company's own distribution of goods. The seller can, by agreement, insure the item for sale during transport at the buyer's expense.
If in the period between offer / order and time of payment, changes in public fees and taxes, environmental fees, are adopted, the seller has the right to charge the entire change to the buyer. If the buyer wishes to make a change in the agreement, the seller has the right to demand a changed purchase price and any changed schedule. Such changes must be made in writing. Single order under NOK 1,000, - ex. VAT. charged with a small order surcharge.
Payment:
The contract amount is invoiced upon delivery and is due for payment in accordance with agreed credit period. Agreed partial deliveries are invoiced for each individual partial delivery. For large deliveries, the contract amount is invoiced as follows: 50% of the contract amount + VAT at the conclusion of the purchase contract, 50% upon delivery of the item (s). By large deliveries is meant deliveries over NOK 250,000 ex. VAT.
In the event of delays due to conditions the buyer is responsible for (access to premises, necessary installations, etc.), payment shall be made in accordance with originally scheduled. If the buyer requires a bank guarantee for his payments, the buyer is charged costs for this. In the event of late payment, the buyer is charged default interest in accordance with law on interest in case of late payment.
Right of complaint:
Buyer has a right of complaint only for defects due to manufacturing and material defects. The right of complaint lapses 12 months. After delivery. The right does not include ordinary maintenance of the product (s), upgrading, etc. During the complaint period, the seller undertakes to carry out free repair and replacement of defective parts at his main workshop.
The right of complaint does not include parts and work that are a result of normal wear and tear, such as gaskets, hoses, bulbs, fuses and the like.
Shipping to and from the seller takes place at the buyer's expense and risk. If such repairs are carried out at the buyer's, travel costs, accommodation, diet, in addition to travel time based on hourly rates will be charged.
In the event of delayed delivery due to circumstances on the buyer's side, the right of complaint runs from the day delivery should have taken place.
The right of complaint lapses if connections or interventions have been made in the item without the seller's consent. The same applies if damage occurs as a result of improper or incorrect use, inadequate maintenance, faults in the power and water supply or other external influences or if payment has not taken place in accordance with deal.
Complaint deadline:
Upon receipt, the buyer must examine the item thoroughly and report obvious defects immediately and no later than within 7 calendar days. Defects that can only be discovered after installation and / or commissioning must be invoked as soon as the defect is discovered. This also applies when the customer later discovers defects in the product that provide a basis for a complaint.
Repair:
Repairs after the expiry of the complaint period or of defects that do not fall under the buyer's right to make a complaint, are paid for in full by the buyer. This is an ordinary repair agreement, where the buyer buys all costs, including shipping to and from the seller's workshop, travel costs etc.
For such repairs, the buyer has a right of complaint of 6 months for the defect (s) that have been rectified, from the time the item has been repaired and made available to the customer for collection or from the time it is handed over to the independent carrier for shipment to the buyer. The right of complaint for repair lapses if connections or interventions have been made in the item without the seller's consent. The same applies if damage occurs as a result of improper or incorrect use, inadequate maintenance, faults in the power and water supply or other external influences or if payment has not taken place in accordance with deal.
Replacement:
In the event of a breach of this purchase contract, the affected party may claim compensation for documented financial loss in accordance with general principles for compensation in contractual relationships with the following limitations.
1. No indirect losses are covered, such as losses due to downtime, loss of losses (losses due to the inability to utilize the equipment), losses due to the termination of the contract with a third party or not being properly fulfilled, or damage to anything other than the product.
2. The claim for compensation may not exceed the contract amount (excluding VAT).
Software / computer equipment:
Buyer is given the right to use the delivered software for use on the equipment to which it is delivered. The buyer does not have the right to copy this to others in any form. For security purposes, the buyer can take a copy of the supplied software and store it in a safe place. For any standard programs, the terms that come with the individual program providers apply.
Sales pledge:
The seller has a pledge (sales pledge) in the sold items as security for his claim for the purchase price with the addition of interest and costs.
Return / Cancellation:
Return of purchased equipment can only take place with the written consent of the seller, and at the buyer's risk and expense.
Choice of law and venue:
The contract and terms of sale shall in all respects be governed by Norwegian law, and litigation concerning the contract shall be resolved in accordance with Norwegian procedural rules. Disputes between seller and buyer shall be resolved through negotiations. If a solution is not obtained, the case shall be referred to ordinary court proceedings. The correct venue is the seller's legal venue (Haugesund).
STANDARD TERMS AND CONDITIONS OF SALE
General:
These terms of sale apply to all deliveries from Bravo Marine AS (seller) to customer (buyer), unless otherwise agreed in writing. Unless otherwise specifically provided in these conditions, the Purchase Act of 13 May 1988, No. 27 applies.
Delivery:
Delivery takes place in accordance with further agreement, offer, tender, etc. The time for delivery otherwise follows from the provisions of the Purchase Act, so that delivery is considered to have taken place when the goods have been handed over to an independent carrier. When the seller himself is responsible for the delivery, or the customer picks up the item from the seller, delivery takes place upon delivery to the customer.
Upon delivery, the risk of the item's accidental destruction passes to the buyer. If the buyer cannot receive the item / item at the agreed time, storage will be provided at the buyer's expense and risk. If the seller is to be responsible for the installation of the object, the buyer is responsible for preparing the installation site for the equipment, including providing the necessary connections or the like. If the seller must prepare the installation site, without this being agreed in advance or where the seller must use extra crew due to building conditions, this will be done at the buyer's expense and risk. The seller is not responsible for errors or delays that may occur as a result of defects in installations for which the customer is responsible. All shipments take place at the buyer's risk.
Item / Product:
All information about the product is indicative and must be checked before ordering. The information is only binding to the extent that such information is directly and explicitly referred to in an agreement between the parties.
Prices:
All prices quoted are ex. VAT, environmental fee, shipping and any extra external packaging such as boxes, cartons etc. Assembly and commissioning (including instructions on how to operate etc.) as well as training are not included in the stated prices, but must be agreed separately for the individual delivery.
Shipping costs are in addition to the agreed purchase price both for shipping with an independent carrier and for the company's own distribution of goods. The seller can, by agreement, insure the item for sale during transport at the buyer's expense.
If in the period between offer / order and time of payment, changes in public fees and taxes, environmental fees, are adopted, the seller has the right to charge the entire change to the buyer. If the buyer wishes to make a change in the agreement, the seller has the right to demand a changed purchase price and any changed schedule. Such changes must be made in writing. Single order under NOK 1,000, - ex. VAT. charged with a small order surcharge.
Payment:
The contract amount is invoiced upon delivery and is due for payment in accordance with agreed credit period. Agreed partial deliveries are invoiced for each individual partial delivery. For large deliveries, the contract amount is invoiced as follows: 50% of the contract amount + VAT at the conclusion of the purchase contract, 50% upon delivery of the item (s). By large deliveries is meant deliveries over NOK 250,000 ex. VAT.
In the event of delays due to conditions the buyer is responsible for (access to premises, necessary installations, etc.), payment shall be made in accordance with originally scheduled. If the buyer requires a bank guarantee for his payments, the buyer is charged costs for this. In the event of late payment, the buyer is charged default interest in accordance with law on interest in case of late payment.
Right of complaint:
Buyer has a right of complaint only for defects due to manufacturing and material defects. The right of complaint lapses 12 months. After delivery. The right does not include ordinary maintenance of the product (s), upgrading, etc. During the complaint period, the seller undertakes to carry out free repair and replacement of defective parts at his main workshop.
The right of complaint does not include parts and work that are a result of normal wear and tear, such as gaskets, hoses, bulbs, fuses and the like.
Shipping to and from the seller takes place at the buyer's expense and risk. If such repairs are carried out at the buyer's, travel costs, accommodation, diet, in addition to travel time based on hourly rates will be charged.
In the event of delayed delivery due to circumstances on the buyer's side, the right of complaint runs from the day delivery should have taken place.
The right of complaint lapses if connections or interventions have been made in the item without the seller's consent. The same applies if damage occurs as a result of improper or incorrect use, inadequate maintenance, faults in the power and water supply or other external influences or if payment has not taken place in accordance with deal.
Complaint deadline:
Upon receipt, the buyer must examine the item thoroughly and report obvious defects immediately and no later than within 7 calendar days. Defects that can only be discovered after installation and / or commissioning must be invoked as soon as the defect is discovered. This also applies when the customer later discovers defects in the product that provide a basis for a complaint.
Repair:
Repairs after the expiry of the complaint period or of defects that do not fall under the buyer's right to make a complaint, are paid for in full by the buyer. This is an ordinary repair agreement, where the buyer buys all costs, including shipping to and from the seller's workshop, travel costs etc.
For such repairs, the buyer has a right of complaint of 6 months for the defect (s) that have been rectified, from the time the item has been repaired and made available to the customer for collection or from the time it is handed over to the independent carrier for shipment to the buyer. The right of complaint for repair lapses if connections or interventions have been made in the item without the seller's consent. The same applies if damage occurs as a result of improper or incorrect use, inadequate maintenance, faults in the power and water supply or other external influences or if payment has not taken place in accordance with deal.
Replacement:
In the event of a breach of this purchase contract, the affected party may claim compensation for documented financial loss in accordance with general principles for compensation in contractual relationships with the following limitations.
1. No indirect losses are covered, such as losses due to downtime, loss of losses (losses due to the inability to utilize the equipment), losses due to the termination of the contract with a third party or not being properly fulfilled, or damage to anything other than the product.
2. The claim for compensation may not exceed the contract amount (excluding VAT).
Software / computer equipment:
Buyer is given the right to use the delivered software for use on the equipment to which it is delivered. The buyer does not have the right to copy this to others in any form. For security purposes, the buyer can take a copy of the supplied software and store it in a safe place. For any standard programs, the terms that come with the individual program providers apply.
Sales pledge:
The seller has a pledge (sales pledge) in the sold items as security for his claim for the purchase price with the addition of interest and costs.
Return / Cancellation:
Return of purchased equipment can only take place with the written consent of the seller, and at the buyer's risk and expense.
Choice of law and venue:
The contract and terms of sale shall in all respects be governed by Norwegian law, and litigation concerning the contract shall be resolved in accordance with Norwegian procedural rules. Disputes between seller and buyer shall be resolved through negotiations. If a solution is not obtained, the case shall be referred to ordinary court proceedings. The correct venue is the seller's legal venue (Haugesund).