GP -
Storkjøkken A.S signed
Association
of KITCHEN SUPPLIERS IN NORWAY.
General
sales and delivery conditions for trade association for commercial kitchens in
Norway.
§ 1
SCOPE
These
general terms and conditions are applicable if the parties in writing or
otherwise agreed upon them.
Applicable
terms and conditions of an order to vary a written agreement.
§ 2
PRODUCT
Data in
product information and price lists are binding only insofar as they are made a
part of the contract or agreement expressly refers to them.
§ 6
LIVING ADEQUACY AND RISK TRANSITION
Normal
delivery clauses construed in accordance with the applicable Incoterms-1990.
Unless
otherwise agreed, the clause" from stock" for delivery from the sellers"
warehouse and factory" at the plant delivery, including packaging.
The product
of the buyers expense and risk. The seller is free to choose the mode of
transport, unless otherwise agreed in writing. The buyer is obligated to keep
the goods fully insured from the time of delivery until it is fully paid.
Delivery
will be postponed due to circumstances of the buyer, the seller can arrange
storage of the goods at the buyers expense and risk. The buyer is obliged to
receive the purchased goods on time. Failure buyer to receive the purchased
goods within a reasonable period after being urged to this, the purchase price
falls due for payment as if the contractual compliance has taken place. In
these cases, the seller can choose to cancel the contract and claim damages.
The
Purchaser shall examine whether the delivery is in accordance with the order
upon delivery.
Included
installation of the agreement, both the seller and the buyer make an inspection
together. Buyer undertakes immediately to complain about the obvious flaws and
defects that are discovered. Inspection and takeover is subject to BFSN,s
takeover scheme.
§ 8
Prices
All prices
quoted are net Excl.Vat, unless otherwise agreed in writing. Assembly,
installation and reassembly is at the buyers expense unless otherwise agreed
and presented as separate items in the invoice.
§ 9
Terms and Conditions
The
transfer takes place against cash payment unless agreed in writing.
By
exceeding the time of payment is considered interest on arrears (interest for
late payment) in accordance with the Late Act (Act of 1967 17des nr.100) unless
otherwise agreed in writing.
If the
buyer does not have betaltforfalte requirements within-a-month after the due
date, the Seller may in writing to terminate the sawed / purchase and demand
compensation for damages is limited to the value of the deliverables.
§ 11
FORCE MAJEURE
The
following factors are considered as force majeure, if they impede the
performance of the contract or makes performance unreasonably burdensome.
Labour, conflict and any other circumstance that the parties can not control,
such as fire, war or warlike conditions, confiscation, currency restrictions,
machine damage, blockade, accident, flood, prohibition of entry or exit or
denial of a license for such, socialist states, disturbances, shortage of
transport, general, commodity shortages, lack of supply of power and lack of
deliveries from suppliers, or delay of such deliveries because of circumstances
in this paragraph are discussed.
The
circumstances can only claim if their impact on the delivery could not be
foreseen by the agreement. The party wishing to invoke force majeure shall
promptly notify the other party in writing, both hindrance onset and
termination.
If grounds
for relief prevent the Buyer shall reimburse the sellers costs for securing
and protecting the delivery. For other goods of the parties for additional
damages or compensation.