STANDARD TERMS OF SALE FOR ETM4U
1. General:
These sales conditions apply to all deliveries from ETM4U AS (seller) to the buyer (customer), unless otherwise agreed in writing.
In addition to these sales and delivery conditions, the general delivery conditions according to NL 92 apply, which supplement ETM4U AS's sales and delivery conditions. In the event of conflict or other inconsistencies between the sales and delivery conditions and NL 92, the ETM4U AS sales and delivery conditions take precedence.
2. Prices:
The prices are indicative net prices excluding value added tax, freely delivered Carrier. We reserve the right to change prices without prior notice, as these are often dependent on exchange rates and international commodity prices etc.
3. Offer:
All offers are non-binding. An agreement is only concluded when ETM4U's order confirmation is available.
Offer is valid for 30 days unless otherwise agreed. For package offers, the prices do not apply if one or more components are taken out of the package offer.
4. Delivery:
Normally from stock. For goods that are not in stock, the delivery time is non-binding as we are dependent on our sub-suppliers, and we do not take responsibility for the consequences of any delays. Delayed delivery alone does not give the right to cancellation.
The seller is under no circumstances liable for consequential losses or indirect losses which have their cause in delay.
5. Shipment, packaging:
The shipment is at the buyer's expense and risk (EXW Ex Works in accordance with Incoterms, 2010). Other delivery conditions must be agreed in writing and confirmed by us in each individual case. Standard paper packaging is included in the price. If special packaging is required, this is calculated at cost.
6. Complaints:
Complaints must be made in writing without undue delay, and no later than 8 days after the item has been received.
7. Return:
All returns must be agreed in advance, and no later than 8 days after the item has been received. Returns are at the buyer's expense and risk. Curant goods in perfect condition, in the original packaging, accompanied by a copy of the invoice or packing slip and marked with our contact person, are credited at full price if the return is due to the Seller. If the desire to return goods is due to circumstances with the buyer, the return must be confirmed in writing by ETM4U AS in advance. In the event of such a return, the credit amount is agreed in each individual case.
The seller is not obliged to accept such a return.
8. Warranty:
The seller guarantees delivered goods to the extent that our subcontractors' warranty provisions cover the defects of the delivered goods, and within the deadlines specified by the supplier. Our responsibility is limited to us providing repair or replacement of delivered goods. Warranty repairs are carried out free of charge when the item is returned to our warehouse free of charge.
Our and our subcontractor's obligations lapse if there is demonstrable tampering with the item, or if the customer does not make payment on time or fulfill his obligations, or if the error is due to incompetent handling.
9. Liability:
The seller delivers a fault-free, functional product in accordance with our subcontractors' current specifications. In the opposite case, the buyer must give us a reasonable time to fulfill the delivery. We do not accept responsibility for damage or loss that may be directly or indirectly caused due to errors or defects in the product, including consequential damage. The seller's overall responsibility (for delays and shortages etc.) is under any circumstances limited to the cost of the goods.
10. Cancellation of order:
Orders cannot be canceled or changed without our written consent.
11. Payment:
Net per 15 days from the invoice date for customers with an account if no other credit period has been agreed. Cash discount is not accepted. In the event of late payment, late payment interest and reminder fees will automatically be charged in accordance with The Late Interest Act (LOV-1976-12-17-100).
In the event of payment default, we reserve the right to terminate the credit agreement for all outstanding balances with immediate effect.
12. Sales pledge:
Delivered goods remain the Seller's property until they have been paid for in full, in accordance with The Mortgage Act.
13. Limitation of liability:
The seller cannot be held liable for any indirect loss such as loss of production or loss of income caused to the customer or a third party or for damage of any kind to persons, property or goods of the customer or a third party regardless of the cause, which is due to defective delivery or defective performance of other obligations such as is expressly the responsibility of the seller in accordance with these general delivery conditions or other written agreement. The customer shall indemnify the seller and defend the seller against any claim made against the seller in connection with damage to persons, property and goods caused by the customer, his employees or third parties. Any assistance to the buyer beyond the aforementioned obligations is to be considered advisory, and shall not under any circumstances entail liability. Reservations are made for any errors and omissions on our website.
14. Force majeure:
Delivery delay due to events beyond our control exempts us from all compensation.