Please read these General Sales Conditions of Aratron AS carefully. By purchasing products, you accept and agree to the applicable terms and conditions. Any delivery or purchase terms of the buyer shall only apply if expressly agreed in writing by both parties.

Aratron AS supplies goods in accordance with NL 17, which is primarily applied in the Norwegian market. For deliveries to customers within the EU, Aratron’s General Terms and Conditions shall apply in conjunction with Addtech’s General Terms and Conditions.

1. Parties

1.1
The parties to this agreement are Aratron AS, hereinafter referred to as the “Seller”, and customers entering into the agreement, hereinafter referred to as the “Buyer”.

1.2
The Seller’s General Sales and Delivery Conditions shall prevail unless otherwise expressly agreed in writing between the parties. Any standard terms of the Buyer shall apply only if explicitly confirmed in writing by the Seller at the time of contract formation.

2. Quotations

2.1
Quotations are valid for 30 days from the date of issue, subject to changes in customs duties and taxes. Agreements deviating from the quotation shall only be binding after written confirmation by the Seller. Prices stated in the Seller’s price lists or other publications may be changed without notice and shall not be regarded as binding offers or final estimates. Such price lists and publications are for general information purposes only, and prices must be confirmed by a specific quotation. All prices are stated in NOK unless otherwise specified in the quotation.

3. Pricing and Place of Delivery

3.1
All prices are free delivered to the Seller’s warehouse in Oslo, exclusive of VAT.

4. Delivery

4.1
Delivery times stated are based on information received from the Seller’s suppliers, and the Seller undertakes to make reasonable efforts to meet the stated delivery time. In the event of significant delays, the Buyer shall be notified. Delayed delivery alone shall not entitle the Buyer to cancel the contract or claim compensation. If the Buyer is unable to receive the goods at the agreed time, storage shall be arranged at the Buyer’s cost and risk. The Seller may demand payment in accordance with the sales agreement as if delivery had taken place. Where building conditions require the use of additional personnel and/or equipment during delivery, this shall be at the Buyer’s cost and risk.

4.2
Unless otherwise agreed, the Seller shall arrange transport from its warehouse to the specified delivery address at the Buyer’s cost and risk.

4.3
Goods are delivered FCA (INCOTERMS® 2020). The goods are delivered and marked in accordance with the Seller’s standard practice unless special marking, packaging, or other requirements have been agreed in writing in advance. Any alternative delivery terms must be agreed in writing prior to delivery.

4.5
The Seller reserves the right to make partial deliveries where the order cannot be completed within a reasonable time or where the order size exceeds or limits the Seller’s storage capacity.

5. Payment

5.1
The Seller’s standard payment terms are net 14 days from the invoice date. Late payments shall accrue interest at 15% per annum.

5.2
The goods shall remain the property of the Seller until full payment of the purchase price has been received. Acceptance or other forms of security shall not be deemed payment until the full purchase price has been settled.

6. Export Control

6.1
Products and associated materials may be subject to various export laws and regulations. The exporter is responsible for compliance with such laws and regulations.

7. Services

7.1
Services such as installation, configuration, commissioning, training, and similar supplementary services are not included in the price unless expressly specified. Such services may be offered separately.

8. Complaints

8.1
Upon receipt, the Buyer shall inspect the goods, and any defects or deficiencies must be reported within 8 days. Acceptance of complaints cannot otherwise be expected. If a defect can only be discovered after installation and test operation, the complaint shall be made immediately upon discovery. Any complaint must be submitted no later than 12 months from delivery. The Seller shall have no liability for defects reported after the expiration of these deadlines.

9. Warranty and Liability

9.1
The Seller’s total aggregate liability arising out of or in connection with the delivery shall in any event be limited to the invoiced value of the goods to which the claim relates, and shall never exceed 20% of the total contract value.

9.2
The Seller shall not be liable for any costs or losses related to recall, retrofit, field modification, replacement or other corrective actions relating to products into which the goods have been integrated, unless expressly agreed in writing in advance.

9.4
Under no circumstances shall the Seller be liable for indirect or consequential losses, including but not limited to loss of production, loss of profit, loss of contracts or loss of goodwill.

9.5
The Seller shall not be liable for any recourse or third-party claims brought against the Buyer, unless caused by a defect for which the Seller is liable under these terms and within the stated liability limits.

9.6
The liability limitations shall apply also in the event of negligence. Only wilful misconduct shall give rise to liability beyond these limitations, to the extent permitted by mandatory law.

10. Cancellation

10.1
The purchase agreement may only be amended or terminated with the Seller’s written consent.
10.2
In the event of cancellation, the Buyer shall be charged for any additional costs incurred, or to be incurred, by the Seller from suppliers, freight forwarders, or carriers.

11. Returns

11.1
Returns of purchased equipment may only take place with the Seller’s consent and shall be at the Buyer’s cost and risk. Returned goods must be unused, in the same condition as upon delivery, and in original undamaged packaging. Applications for returns must be made within 35 days from the date the goods were dispatched by the Seller.

11.3
Undamaged goods returned shall be credited at the invoiced value, less a return handling fee. The minimum return fee is NOK 1,500 per return. Non-stock items will only be accepted for return if approved by the Seller.

12. Force Majeure

12.1
In the event of force majeure, the delivery time shall be extended by the duration of the force majeure event. Should such obstacles occur, the Seller reserves the right to disclaim all liability for delivery. Force majeure includes any impediment falling under Section 23 of the Norwegian Sale of Goods Act, whether general or affecting the Seller or its suppliers specifically. Force majeure also includes traffic disruptions affecting the agreed means or routes of transport, restrictions on the supply of power, labor disputes, military mobilization, requisition, seizure, and restrictions on currency, export, or import.

13. Treatment of WEEE (Electrical and Electronic Waste)

13.1
Electrical products contain hazardous substances. The Seller is a member of RENAS. You may return discarded products to us, and we will ensure environmentally sound disposal free of charge. Alternatively, products may be delivered to municipal waste facilities or other approved WEEE collection points.

14. Deviations

14.1
These General Sales Conditions shall apply insofar as they are not deviated from by written agreement.

15. Disputes

15.1
Any disputes regarding the interpretation of this contract shall first be sought resolved through negotiations. If negotiations fail, the dispute shall be settled by the ordinary courts unless the parties agree to arbitration. Disputes shall be governed by Norwegian law. The agreed legal venue is Oslo District Court.

In the event of inconsistency, the following order of priority shall apply:

• General Sales Conditions – Aratron AS
• NL17 (Within Norway)
• Addtech General Terms and Conditions

Last update: 20.10.2023