Standard Sales and Delivery Terms and Conditions Andersen Mek. Verksted AS (AMV)

1. Drawings

Drawings submitted by one party to the other may not, without the owner's prior written consent, be reproduced or made available to third parties. All drawings shall on request be returned to the owner.

2. Delivery and transfer of risk

The sales object is sold according to the Incoterms EXW AMV Flekkefjord unless otherwise agreed in writing.

3. Transport and insurance

According to Incoterms.

4. Retention of Title

The Products shall remain the property of AMV until AMV has received payment in full.

5. Price

Prices are specified excluding VAT. Prices are subject to alteration without notice. Unless agreed otherwise by the parties in writing, products will be sold at the prices applicable at the date of order acknowledgement.

6. Objections to price / invoice

Objections to the invoice must be notified AMV in writing no later than 20 days after receipt of the invoice.

7. Payment

Payment shall be made either cash on delivery or against due date on invoice. Delayed payment will be charged interest according to current rates.

8. Delivery

Delivery time according to offer. Delivery time for stock items will be subject to inventory availability on the order date.

9. Compensation and termination of late delivery

According to NL 17.

10. Force Majeure

According to NL 17.

11. Claims for defects

Defects in the purchased goods may only be invoked if a written complaint is received by AMV within 14 days from the defect has become apparent, or the repair/service is complete.
Misuse or failure to comply with AMV’s instructions regarding storage, operation and maintenance, or damage caused by any factors beyond AMV’s control, or fair wear and tear will disqualify the claim. The Product must not be repaired or altered without AMV’s written approval. For replacement, Original Parts with the same specification or substitute parts AMV have available shall be used.
AMVs liability for defects in second hand sales items will be agreed separately. Unless otherwise agreed in writing, the second hand object is sold as is at the date of acknowledgement.

12. Remedies

Assuming a valid claim, AMV will correct the defect within reasonable time. If the repair has to be performed at the buyer’s site, the buyer shall pay travel and accommodation costs.
If the defect is of such a nature that the buyer can do the repair, AMV fulfills its obligations by sending the buyer the part or parts required.
The defective part(s) must be returned to AMV as soon as possible, but no later than within 10 days after the discovery and repair. The shipment must be tracked and marked with the claim number (QA No.). Transportation to and from the workshop is at the buyer's expense.
AMV’s obligations are fulfilled under any circumstance if they, by choice and at their own expense, delivers a new flawless sales object.

13. Buyer's right to terminate

In case buyer wishes to terminate an order, the buyer must have submitted a valid claim in accordance with Clause 11 and the defect has to be substantial. If AMV rectify such defect within a reasonable time, the buyer do not have the opportunity to cancel the order.

14. Limitation of Liability for defects

AMV is not obliged to pay any form of compensation or price reduction if a defect is rectified (ref. Section. 12), or if the buyer has lost the right to cancel the purchase.
AMV is in no case obliged to compensate direct or indirect production loss. Claims are in any event limited to 5% of the sales object's price up to NOK 100,000 - and 2.5% of the excess amount.
Expenses the buyer may have had to let others than AMV conduct the repair on the product sold, will not be reimbursed.

15. Product liability

If the use of the sales object causes damage to person(s), AMV will carry the responsibility if the injury has been caused by negligence from AMV. For damages that purchased goods or use of the goods causes on physical property, including raw materials or semi-finished products processed by the sales object, AMV is not to be held liable.

16. Return of goods

Return of goods may only take place after prior agreement, and duly marked with return number.

17. Contracts entered.

The agreement is valid from the day the order confirmation is sent from AMV. Verbal agreements are only valid if they are confirmed in writing. AMV order confirmation decides the sales object's specifications and what is to be delivered.

18. Jurisdiction.

Any dispute that may arise shall be settled by Lister District Court, Norway.