STOLT MEDLEM AV:

Last updated: 13.12.2022

Terms of sales and delivery (EN)

These terms and conditions apply to purchases from January 1st 2023 unless otherwise agreed in writing between the parties. The conditions apply to purchases from companies in the CEG Group, belonging to the Construction Equipment Group AS (Seller). If there is divergent understanding between a written agreement and the terms of sale and delivery, the terms of sale and delivery apply.

Price
Prices are to be understood excluding VAT. Any costs for packing/packaging and shipping apply. Reservations are made for typographical errors, any price changes as a result of changes in exchange rates, customs and tax rates, increases in price from suppliers or other circumstances beyond the Seller's control.
Seller reserves the right to increase the total price to reflect any increase in raw material costs or delivery costs, including changes in exchange rates, customs and tax rates, due to factors beyond Seller's control, by giving notice to the buyer at any time prior to delivery.

Product information
All illustrations, drawings, photographs and information are indicative and should not be considered final. It is the buyer's responsibility to ensure that the technical data and the products as a whole satisfy the specific need.
Received drawings, other technical documents or technical information received from the Seller may not, without the consent of the Seller, be used for anything other than the purpose of the handover. Without the consent of the Seller, they may not be copied, reproduced, disclosed to third parties or otherwise brought to their knowledge.

Order
Orders must normally be in writing. Seller assumes no liability for any errors when ordering by telephone. The buyer is obliged to check the order confirmation and ensure that it corresponds with the order.

Payment terms
Unless otherwise agreed, our standard payment terms and conditions apply net per 10 days. When paying after the due date, an interest surcharge and any reminder fees will be calculated.
If you pay through the online store, the payment is fully managed by Collector Bank or Klarna. Seller does not store this information. Read Collector Bank's privacy statement here. Read Klarna's privacy statement here.

Invoice date
The invoice is normally issued no later than the following day the item is dispatched or is ready for collection.

Delivery conditions
Delivery date is to be understood as the ship date from the Seller. All orders are confirmed with Incoterms specified. Shipping and packaging are charged to the buyer unless otherwise agreed. The Seller chooses the mode of transport and freight forwarder to the best ability. 14 days after the delivery / pick-up date, ref. order confirmation, warehouse rent is invoiced if the item has not been picked up or can be delivered.
Delivery time from the factory is confirmed by order confirmation. If the Seller becomes aware that the delivery time cannot be complied with, the Seller is obliged to inform about this immediately, as well as inform about the new delivery time. If the delivery time is exceeded by more than the corresponding original delivery time, both parties have the right to terminate the contract, unless the parties have previously agreed on an extension of the delivery time.

Control at goods reception
Upon receipt of goods, the Purchaser shall check goods against packing slips and examine the goods. By signature on packing slip or waybill, or by agreement to deliver goods without receipt and signature, the buyer has confirmed that the goods have been received, have no visible damage and that the quantity is correct.

Complaints
Complaints regarding transport damage require the recipient to notify the carrier immediately upon arrival of the goods. This is noted on the consignment note.
Complaints about defective / wrong goods must be made as soon as possible after arrival with specification of the deviations, no later than 5 working days after the arrival of the goods.
In the following cases, the Seller is not liable for defects in the delivery:
1. The buyer uses the item before any complaint has been settled with the Seller.
2. The defect arouse because the buyer has failed to follow the Seller's instructions for storage, installation, commissioning, assembly, use and maintenance.
3. The defect occurred because the delivery is manufactured or executed according to the drawing or specifications of the buyer.
4. The buyer makes changes or repairs to the delivery without the prior written consent of the Seller
5. The defect arose as a result of normal wear and tear, intentional damage, negligence or abnormal storage and operating conditions on the part of the buyer. The Seller's liability is limited to defects that existed at the time of delivery.
The Seller may, at its discretion, rectify defects by either delivering a new product, repairing or repaying the full price for the part of the delivery that has been rejected by the buyer. After the Seller has made such rectification, the Seller has no further liability to the buyer with reference to the rejected deliveries.
The Seller's total liability for a defect is in any case limited to the invoice value of the defective deliveries, as well as any transport and insurance costs upon return to the Seller.
Consequential damages / costs are not covered by the Seller. As long as the Seller remedies a claimed defect within a reasonable time, the buyer is not allowed to cancel the purchase. Within reasonable time, the Seller shall have the opportunity to inspect the damage, obtain the manufacturer's statement about the defect, as well as time to clarify how the defect should be rectified and, if applicable, who will carry out the rectification.
The buyer guarantees that he or the end user cooperates with the Seller in the event of deviations or complaints. This means that buyers must, among other things, be helpful in documenting deficiencies by sending photos, etc., and to make simple repairs themselves, where this will remedy the problem, such as replacing components after guidance from the Seller. Such improvements made by the buyer or end user shall not be reimbursed by the Seller. The alternative for the buyer is to return the item to the Seller or the Seller's supplier at their own expense so that correction can be made.
Replacement items are invoiced at the regular price. Crediting takes place after the returned item has been registered and the complaint has been approved.

Return
Return of goods is only accepted if this is agreed in advance. A fee of 10% of the value of the item is calculated, but a minimum of DKK 500 and a maximum of DKK 5,000.
The buyer must provide return shipping and cover the costs with this. The buyer is responsible for ensuring that the goods are stored and returned in a proper manner. When returning goods that have been in use, these must be wrapped and packaged in such a way that diesel, chemicals or other liquids do not run out of the packaging. Returned goods are checked and approved by Seller before any refund. The refund can be reduced if the return is not made in accordance with the conditions.
Basically, only returns of standard goods that are unused and undamaged are accepted.
The buyer is responsible for ensuring that the item is stored in a proper manner until return.

Liability for defects
The seller's liability for defects is limited to redelivery or rectification of the goods free of charge if the delivered goods suffer from a defect, whether this is of a construction, production or material nature.
For products sold with the proviso "as is" or similar, the Seller has no liability for defects.

Reservation of Title
Deliveries from the Seller are subject to a sales deposit. Delivered goods are the property of the buyer only when the full rightful payment has been received by the Seller.

Exemption grounds
(force majeure, etc.)
Force majeure releases the parties from liability if circumstances prevent the fulfillment of the agreement or make the fulfilment unreasonably burdensome.
Force majeure is defined as any obstacle that the parties cannot control, such as – but not limited to, fire, war, traffic difficulties, labor disputes, military mobilization, requisitioning, seizure or trade currency restrictions, export and import restrictions, general shortages of goods, epidemics, as well as delays or failure to deliver from subcontractors as a result of such circumstances.
The above mentioned circumstances are only valid in the cases where their effects could not have been foreseen when entering the agreement.

Disputes and choice of law:
Disputes between Seller and buyer shall be settled by arbitration belonging to Arendal, Norway.
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