1 INTRODUCTION
These general sales and delivery conditions apply to all offers, sales and deliveries from ATS NORWAY AS (ATS). This applies regardless of whether ATS itself acts as seller/owner, broker for seller/owner or supplier for seller/owner.
Where the terms of sale refer to the "goods", this shall be understood to include both the product itself that is being disposed of and the equipment and accessories that are included.
Any deviations from the sales conditions must be agreed in writing between the parties. The agreement means these sales conditions, order confirmation and the purchase contract with any attachments. In the event of a conflict between a single order and the sales conditions, the order confirmation and/or the purchase contract shall take precedence. Unless otherwise specified in these terms and conditions, the Purchase Act of 13 May 1988 no. 27 applies. In the event of a discrepancy between the Purchase Act and these terms and conditions of sale, the terms and conditions of sale shall take precedence where the law is not prescriptive (immutable).
All offers, sales and deliveries from ATS are governed by these conditions, unless otherwise agreed in writing. The buyer's own general or special purchase conditions do not apply unless ATS has approved these in writing.
2. OFFER, ACCEPTANCE, ORDER CONFIRMATION, PURCHASE CONTRACT
The ATS offer expires if it is not accepted by the buyer within the specified period. An agreement between the parties is entered into upon the buyer's acceptance of ATS's offer or upon ATS's acceptance of the buyer's offer. Verbal offers from ATS representatives only become binding when they have been confirmed in writing by ATS, for example by letter of offer/email or order confirmation.
If the buyer participates in a bidding round, the buyer's price offer must be binding for the buyer for 2 to 2 weeks, unless otherwise agreed.
A purchase/sale agreement will normally be conveyed by an order confirmation that confirms the agreement entered into. As a general rule, ATS will communicate this by simultaneously sending a purchase contract to which these sales conditions are attached.
Unless otherwise agreed between the parties, any order received by ATS will be confirmed by ATS in the form of an order confirmation via email/letter/telephone. The order confirmation is final and binding. These terms of sale form part of the confirmed order and the parties' agreement. ATS is not liable for errors or misunderstandings that may arise if the order is received by telephone. Errors that occur with written and electronic orders and that are due to conditions at ATS will be corrected or rectified without undue delay. For any order or order, ATS' general conditions of sale apply regardless of whether the customer has referred to their own conditions in connection with the order.
3. SALE PRICE - COSTS
The price and time of payment will be stated in the order confirmation and/or the purchase contract. All prices are stated ex VAT, environmental charge and shipping. All costs related to the takeover must be covered by the buyer. This applies to fees, charges, insurance, transport etc.
If the costs of carrying out the agreement change in the period up to the time of payment, the seller can demand compensation/change of the purchase price. This also applies if changes are adopted in public fees and taxes, environmental fees or there are changes in the relationship between the currency of the seller's suppliers and the seller by more than two percentage points. The seller has the right to charge the buyer for the entire change in case of increased costs.
If the buyer wishes to make changes to the agreement, the seller has the right to demand a change in the purchase price and possibly a change in the delivery time.
The buyer must clear customs himself and take all necessary measures in connection with the import of any goods. The buyer is responsible for all costs related to this. The buyer is also responsible and bears all costs for providing the relevant authorities with the information about the goods that is necessary in connection with import and customs clearance.
4. DELIVERY. TRANSFER OF RISK
Delivery takes place in accordance with further agreement. Delivery is considered to have taken place when the goods have been handed over to an independent carrier or made available to the buyer.
When the seller himself undertakes delivery, delivery takes place upon handover to the customer.
If the goods are to be delivered to the agreed place of delivery, the buyer is responsible for the goods from the time the goods are delivered to the place.
Upon delivery, the risk of accidental destruction of the item passes to the buyer. Under this, responsibility for further transport, insurance etc. passes to the buyer. All shipments after delivery take place at the buyer's risk.
If it is agreed that ATS pays shipping, ATS is free to choose the carrier.
5. DELIVERY TIME
Delivery of goods that ATS is able to deliver from its own inventory must normally take place immediately. ATS nevertheless reserves the right to extend the delivery time to a reasonable extent in order to be able to fulfill any separately agreed transport obligations etc. or if the scope, other deliveries or similar circumstances make immediate delivery difficult.
The delivery time stated in the offer, order confirmation or contract for goods that are with a third party is to be considered indicative, and ATS is free to deliver such goods up to 1 week before or after the specified delivery time.
6. DELAY. OBSTRUCTION OF DELIVERY
ATS is not responsible for non-fulfillment of agreed obligations to the extent that agreed fulfillment is prevented or made unreasonably difficult by circumstances beyond ATS's control. This applies, for example, to war, mobilization, acts of terrorism, requisition, seizure, significant changes in the currency market, export or import bans, labor disputes, insufficient supply of raw materials, lack of means of transport, fire, factory accidents, deficiencies in deliveries from subcontractors or delays from such.
Delivery must take place in accordance with the order and the delivery obligation is not considered fulfilled until all order lines in the order have been delivered. Partial deliveries are accepted in full, and ATS has the right to ensure full delivery within reasonable deadlines. ATS is, however, obliged to notify the buyer if there is reason to assume that the agreed delivery time cannot be met. If a new delivery time is not acceptable to the buyer, this must be immediately notified in writing to ATS.
Goods that have been specially ordered for the customer cannot be cancelled.
Apart from the customer's right to cancel as a result of significantly delayed delivery, any claim from the buyer as a result of ATS delayed delivery is excluded.
Neither party shall be deemed to have breached an obligation after the order to the extent that implementation of the agreement has been prevented by Force Majeure.
7. RETURN AGREEMENT. INTERRUPTION FEE
Goods can only be returned after a written agreement with ATS.
If the customer does not fulfill the agreement or does not wish to fulfill the agreement after ordering and before delivery, ATS is entitled to an interruption fee which can be charged to the customer. The interruption fee must cover work compensation/lost profits and is set at 10% of the invoice amount, e.g. VAT and costs. If the item must be returned, return shipping must be covered by the customer in addition. Shipping in connection with ordering/delivery is not credited. The reason for the return must be clarified in the return agreement. All returned goods must be undamaged/in the same condition as before the conclusion of the contract/delivery.
8. PAYMENT TERMS
Unless otherwise stated in the purchase contract, the buyer must pay the entire purchase price to the seller's/broker's stated account number before delivery. The purchase price will then be transferred to the supplier after deductions have been made for commission, costs and expenses.
A guarantee for payment can only be provided if this is accepted by ATS. Unless otherwise agreed, the guarantee must be provided as a surety bond from a bank, insurance company or other credit institution.
In the event of late payment, the buyer must pay interest on late payment at the rate applicable at all times in accordance with the Late Payment Interest Act of 17 December 1976 no. 100.
The buyer is not exempted from paying or providing a guarantee even if he complains due to errors or defects. The buyer also cannot offset from other contractual conditions if the offset is disputed. The buyer nevertheless does not lose the right to demand a price adjustment after he has paid which corresponds to the error or deficiency that may have been present, cf. section 9.
If a payment scheme other than that stated in this point has been agreed, the seller has a sales deposit in the delivered goods until the purchase price plus interest and costs has been paid in full. The buyer does not have the right to pledge the item until the purchase price plus interest and costs has been paid in full.
9. COMPLAINT
The delivery must meet the specifications of the order and be in accordance with the stated requirements for performance and quality. The buyer must examine the goods as soon as possible and without undue delay after receipt, and immediately complain if the shipment does not correspond to the order confirmation/purchase contract.
Complaints that are not justified will not be credited.
The buyer loses his right to assert a defect if he does not, within 1 week after discovering it or should have discovered it, give the seller a notice indicating the nature of the defect.
The buyer is aware of and accepts the following conditions:
The item is used/worn and that the agreement applies to a second-hand purchase.
The item is sold as is "as is".
ATS is an intermediary between the previous owner and the buyer, possibly a new temporary owner to carry out the resale.
ATS has no knowledge of the item beyond what has been communicated by the previous owner.
The buyer is given the opportunity and encouraged to;
- to examine the item before entering into an agreement.
- to be assisted by expert assistance to examine the item.
- To raise questions about the product directly to the seller's supplier and request the necessary information from him.
ATS is not responsible for transport damage. The buyer is offered and encouraged to take out their own transport insurance. In the event of transport damage, the carrier must be notified immediately.
The buyer must contribute to the sale at any stage of the sales and delivery process and provide information as required by the seller/supplier.
The purchase price has been accepted by the buyer and reflects what the buyer believes is the correct value for the item.
If the delivery suffers from a defect, the seller has the right to rectify the defect within a reasonable time, including possibly by redelivery.
The buyer loses any right to assert the defect if he does not complain in accordance with the above. Complaints must be made in writing.
In addition to what follows from the above, the seller is not responsible for defects.
This applies to any losses that the deficiencies may cause, such as operating losses, lost profits and economic consequential losses.
The buyer is aware of and accepts that he cannot assert claims against the seller to a greater extent than what the seller can assert against his supplier/former owner/predecessor
10. DISPUTES
The agreement is subject to Norwegian law. Any disputes between the parties regarding an order or a sale are settled by the ordinary courts. Sør-Trøndelag District Court is adopted as the venue.