Sales and delivery conditions
§ 1 Application area
The terms below are applied to the sale, delivery and installation of products from GEZE Sweden (GEZE) unless something else is agreed in writing.
§ 2 Special definitions
Item 1. “Intermediate sales" means that, after GEZE has offered a product to the buyer, GEZE sells the offered product to another customer before the buyer has accepted GEZE
Item 2. Technical Documentation refers to any form of technical information, drawings, images and other material that GEZE transfers to or makes accessible to the CUSTOMER, regardless of whether the material is transferred in physical, electronic or other form.
§ 3 Offer and price
Item 1. If nothing else is agreed in writing, the offer is valid for 30 days from the day the offer is created. All offers are subject to the right to Intermediate Sales.
The prices in the price lists are gross prices and indicate the price per units unless otherwise expressly stated.
All prices are exclusive of VAT.
Item 2. GEZE reserves the right to adjust prices.
Any price adjustments must be announced one month in advance.
GEZE reserves the right to correct any printing errors.
In the event of major changes in EURO/NOK exchange rates, the buyer must expect a price adjustment that reflects such changes.
§ 4 Information and Technical Documentation
Item 1. All information and data about weight, dimensions, capacity, prices and technical and other data in GEZE's marketing material, including catalogues, prospectuses, circulars, advertisements, image material and price lists, etc. are only for guidance.
Item 2. Technical Documentation must not be used without the consent of GEZE for anything other than the original purpose of the transfer of such Technical Documentation and must not be copied, reproduced or disseminated to third parties without GEZE's written consent.
§ 5 Design changes
Item 1. GEZE reserves the right to change the design, choice of materials, workmanship etc. without notifying the buyer if GEZE finds such changes necessary and / or appropriate. However, GEZE is committed to ensuring that the changes do not lead to a deterioration in the quality sold, capacity and significant usage characteristics.
Item 2. Amendments made as mentioned in item. 1 above does not entitle the buyer to any compensation or compensation.
§ 6 Transport costs and transfer of risk
Item 1. When the risk of the goods has passed to the buyer, the buyer's obligation to pay the purchase price is not waived by the goods being subsequently lost, damaged or reduced as a result of events not due to GEZE.
Item 2. If the buyer takes care of transporting the goods itself, the risk of the goods passes to the buyer when the goods are handed over to the buyer or his carrier.
Item 3. If GEZE handles the transport of the goods, the risk of the goods passes to the buyer when the goods have arrived at the agreed place of delivery.
Item 4. Unless otherwise specifically agreed, the buyer shall cover all transport costs. However, if GEZE must istall the goods, the transport costs must be considered covered by the offer.
Item 5. The buyer is obliged to take out insurance in accordance with Article 16.
§ 7 Invoicing and payment terms
Item 1. Invoicing is done after the shipment of the item. This also applies if the goods are delivered on site for installation.
Item 2. Installation is invoiced after the installation is completed.
Item 3. Payment must be made within 30 days of the invoice date unless otherwise agreed.
Item 4. In the event of late payment from the buyer, GEZE is entitled to calculate the delay rate according to the applicable interest rate at any given time in the delay rate law from the due date and until payment is made.
Item 5. The fulfilment point for buyer's payment obligations is GEZE's place of business.
§ 8 Reservation of title/mortgage
The sales item including all accessories will remain GEZE's property until the purchase price is fully paid. Payment by check, bill of exchange, debt certificate or by electronic means of any kind shall not be considered payment until the amount is received in GEZE's designated account without the possibility of chargeback.
§ 9 Terms of delivery, method of delivery and delivery time
Item 1. Prices include cardboard packaging.
Item 2. Delivery method is Bring, Post or Company package, Mail package or otherwise as determined by GEZE.
Item 3. Items included in GEZE's stock range should, if reasonably possible, be delivered within one week of ordering. Non-stocked items are denoted by a *), and the delivery time for non-stocked items will normally be approx. 3-4 weeks from when the written order is made.
§ 10 Stock standard and special colour
Items stocked in Norway are available in silver. Brown, white RAL 9016 and other optional RAL or NCS colours are available from the factory. The RAL or NCS colour can be added to the price. The delivery time of optional RAL and NCS colour is usually 4-6 weeks from the written order.
§ 11 Complaints period/warranty period
All GEZE products have a warranty period of 2 years, provided that the installation is carried out in accordance with GEZE's installation instructions and that the product is maintained in accordance with GEZE's recommended maintenance program. After the end of this warranty period, GEZE has no liability for defects.
§ 12 Delay
Item 1. GEZE will state the expected/estimated delivery time based on GEZE's best estimate.
Item 2. If the estimated delivery time cannot be met by GEZE, GEZE is obliged to provide the buyer with written information with information on the new expected delivery time.
Item 3. GEZE is not responsible for any direct or indirect financial losses due to the delay. However, if the delay results in a material breach of contract, the buyer may cancel the purchase. In the event of such cancellation, the buyer may only claim the purchase price (if paid); Buyer shall not be entitled to any other compensation.
Item 4. GEZE assumes no responsibility for delayed delivery beyond what is stated in this item.
§ 13 Deficiencies and liability regulation
Item 1. In the event of any defects, the buyer shall advertise in writing without undue delay after the buyer discovered or should have discovered the defect. If it does not, the buyer loses the right to invoke the defect.
Item 2. In the event of defective parts, the parts must be sent to GEZE for inspection upon request. Shipping is at the buyer's expense. GEZE commits to a period of 2 years after the delivery/assembly date (cf. Aritcle 11 above) to make a delivery or repair of your choice within a reasonable time, but only insofar as the buyer has documented that there are defects.
Item 3. For new parts, which are included in connection with repairs according to item 2, the complaint period expires at the same time as the expiration of the complaint period pursuant to Article 11. The complaint period after the delivery and/or repair work must under no circumstances be longer than two years from the date of delivery/assembly as stated in Article 11.
Item 4. GEZE shall under no circumstances be held liable in cases where defects are caused by the fact that the sold product was not assembled or maintained in accordance with GEZE's mounting instructions, improper or inappropriate use, alterations or technical interventions made without GEZE's written consent, or extraordinary climatic influences, etc.
Item 5. GEZE is not responsible for any indirect losses and consequential damages, including operating losses and lost profits, as a result of deficiencies. GEZE's total liability for defects cannot exceed the purchase price for the part of the delivery that is defective.
Item 6. GEZE assumes no responsibility for deficiencies beyond what is stated in this Item.
§ 14 Product liability and damages
Item 1. If one of GEZE's delivered products or parts thereof causes damage to items that are not normally intended for or mainly used for private use or consumption, GEZE can only be held liable if it is documented that the damage is due to GEZE's errors or negligence. The liability for such damage cannot exceed NOK. 5,000,000.
Item 2. GEZE cannot, under any circumstances, be held responsible for any indirect losses, including operating losses and lost profits.
Item 3. The Buyer shall indemnify GEZE if GEZE is liable to third parties for the part of the liability exceeding NOK. 5,000,000. In this regards, the buyer is obliged to sue in the same court that handles any claim for damages against GEZE.
Item 4. If a third party has to claim compensation for product damage, the parties are obliged to inform each other and report the claim to their insurance companies.
§ 15 Liability - force majeure
Item 1. The following circumstances impose a liability on the parties, if they prevent the fulfilment of the agreement or render it unreasonably burdensome: Labour conflict, strike, lockout and any other circumstances over which the parties have no control, such as, but not limited to, fire, war, mobilization, or unforeseen military mobilization, government orders, seizures, currency restrictions, riots and unrest, lack of means of transport, irregularities in the supply of electricity, water and other utilities, general shortage of goods, rejection of major work, as well as deficiencies or delays in deliveries from subcontractors, due to some of the circumstances mentioned in this item.
Item 2. The party wishing to claim discharge from liabilty or force majeure shall, as far as possible, communicate in writing to the other party within a reasonable time of the beginning and end of the event.
Item 3. Either party is entitled to inform the other party in writing that the agreement is terminated when its performance is prevented or unduly burdensome due to the circumstances mentioned in paragraph. 1.
§ 16 Buyer's insurance obligation
Item 1. From the time the risk passes from GEZE to the buyer in accordance with § Article 6 above, the buyer is obliged to take out a comprehensive insurance (All-risk) on the delivery and all installation costs. The insurance must be valid until the purchase price is fully paid to GEZE.
Item 2. Until the payment has been made, GEZE has the right at any time to request, at any time, proof that item. 1. Has been fulfilled.
§ 17 Permits
Buyer is responsible for providing and covering the expenses associated with the public or private permits necessary for GEZE to deliver to Buyer.
§ 18 Specific notes about assembly
Item 1. If installation is covered by the purchase agreement, the conditions in this Article 18 apply. It is emphasized that GEZE's installers are not authorized to receive or process complaints on GEZE's behalf.
Item 2. The Buyer is responsible for ensuring that the installation can commence at the agreed time and that the Buyer's own and other suppliers' work is organized in such a way that GEZE's installation can carried out and completed for an uninterrupted period after commencement. The installation site must be tidy so that the installation can be started without delay. The buyer shall make available auxiliary personnel, equipment and facilities, internal transport at the installation site, scaffolding, shielding, light, electricity, water, steam, compressed air, heat and oil etc. without charge.
Item 3 If the installation work necessitates alterations or repairs to the buyyer's existing building, fixtures or other facilities, it is the buyer's responsibility to provide for this and to cover the expenses that may be incurred.
Item 4. GEZE's costs in connection with delays due to the buyer's circumstances or the buyer's other suppliers shall be covered by the buyer.
Item 5. If the buyer's own staff is to carry out assembly under the direction of a posted installation manager from GEZE, the above provisions shall apply. All necessary facility parts must also be available.
Item 6. The Buyer is not entitled to enter into any kind of agreement/additional agreements with GEZE's staff beyond what has been expressly agreed. If the buyer fails to comply with this and, for example, uses GEZE's personnel for other work, GEZE is not responsible for the work performed, and GEZE also has the right to demand compensation from the buyer for use of GEZE's personnel based on time spent.
Item 7. The buyer must inform GEZE of the applicable safety regulations at the installation site. GEZE shall instruct its personnel to comply with such provisions.
Item 8. Delays, additional and change work will be settled separately according to the current hourly rate.
§ 19 Choice of law and jurisdiction
Item 1. The agreement must be signed and interpreted in accordance with Norwegian law.
Item 2. The Purchase Act complies with these terms of sale and delivery on conditions that are not regulated.
Item 3. Any dispute that may arise in connection with or as a result of the agreement shall be settled by ordinary court proceedings at GEZE's home court.