Standard Sales Conditions.
These standard sales conditions apply to all deliveries from Bravo Marine AS (seller) to customer (buyer), unless otherwise agreed in writing. Unless otherwise specifically stipulated in these terms, the Buying Act of May 13, 1988, no. 27 applies.
Delivery takes place with regards to further agreement, offers, tenders, etc. The timing of delivery otherwise follows the provisions of the Buying Act so that delivery is considered to have taken place when goods are handed over to an independent (transport) carrier. When the seller himself handles the delivery, or the customer collects the goods from the seller, delivery takes place at handover to the customer.
Upon delivery, the risk of the object's accidental destruction goes to the buyer. If the buyer cannot receive the item at the agreed time, storage will be provided for the buyer's account and risk. If the seller is to carry out the installation of the item, the buyer is responsible for preparing the installation site for the equipment, including providing necessary connections or the like. If the seller has to prepare the installation site, without this being agreed upon at negotiation or where the seller must use extra crew due to building conditions, this will happen for the buyer's account and risk. The seller is not responsible for any errors or delays that may arise as a result of defects in installations for which the customer is responsible. All shipments are at the buyer's risk.
All information about the product is indicative and must be checked before ordering. The information is only binding to the extent that it is directly and expressly referred to in an agreement between the parties.
All prices quoted are ex. VAT, environmental fees, shipping and any extra outer packaging such as boxes, cartons etc. Assembly and commissioning (including instruction in use) and training are not included in the stated prices, but must be agreed separately at the time of order.
Costs of shipping are in addition to the agreed purchase price (both shipping with an independent carrier and by the seller’s own distribution). The seller can, by agreement, insure the sales item during transport for the buyer's account.
If changes in public taxes, environmental fees etc. are adopted between order and payment time, the seller has the right to charge the entire change to the buyer. If the buyer wants to make a change to the agreement, the seller has the right to demand a change in the purchase price and any change in the delivery schedule. Such changes must be made in writing. Single orders under NOK 1,000, - ex. VAT. are charged with a small order supplement.
The contract sum is invoiced on delivery and is due for payment within the agreed credit term. Agreed sub-deliveries are invoiced at each sub-delivery. In the case of large deliveries, the contract sum is invoiced as follows: 50% of the contract sum + VAT at the conclusion of the purchase contract, 50% when handing over the item (s). By large deliveries is meant deliveries over NOK 250,000 + VAT.
In case of delays caused by the buyer (access to local, necessary installations, etc.) payment must be made in accordance with above regulations. If the buyer requires a bank guarantee for their payments, the buyer is charged for this. In case of late payment, the buyer is charged with interest on late payments in accordance with the Late Payment Act.
The buyer has a claims right only for faults caused by manufacturing and material defects. The claims period is maximum 12 months after delivery. The claims right does not include ordinary maintenance of the product (s), upgrade, etc. During the claims period, the seller commits himself to free repair and/or replacement of defective parts.
The claims right does not cover parts and labor that are to be replaced as a consequence of normal wear and tear, such as gaskets, hoses, bulbs, fuses and the like.
Shipping for repair to and from the seller is at the buyer's expense and risk. If such repairs are performed at the buyer’s location, travel costs, accommodation, diet, as well as travel time based on hourly rates are charged.
In case of delayed delivery due to circumstances on the buyer's side, the claims right runs from the day the delivery should have taken place.
The claims right becomes non valid if repairs or other interventions have been made in the goods without the seller's consent. The same applies if damage arises as a result of improper use, inadequate maintenance, faults in power and water supply or other external influences or if full payment has not taken place in the first instance.
Upon receipt, the buyer must investigate the item thoroughly and provide information to the seller on the obvious defects immediately but no later than 7 calendar days. Deficiencies that can only be detected after assembly and / or commissioning must be claimed as soon as the defect is detected. This also applies when the customer later discovers defects in the product that give rise to a claim.
Repairs after expiry of the claims deadline or repairs of errors that do not fall under the buyer's claims right, are paid in full by the buyer. This is an ordinary repair agreement, where buyer bares all costs, including shipping to and from the seller's workshop, travel expenses etc.
For such repairs, the buyer has a claims period of 6 months for the defect (s) corrected from the time the item is repaired and placed at the customer's disposal for collection or from the time of delivery to the freight carrier for shipment to the buyer. The claims right on repair lapses if repairs or interventions have been made in the goods without the seller's consent. The same applies if damage arises as a result of improper use, inadequate maintenance, faults in power and water supply or other external influences or if full payment has not taken place in the first instance.
In the event of breach of the purchase contract, the party affected may claim compensation for documented financial loss in accordance with general principles for compensation in contractual terms with the following limitations.
1. No indirect loss such as loss due to interruption, loss of time (loss due to non-utilization of the equipment), loss due to contract termination or non-compliance, or damage to anything other than the product is covered.
2. The claim for compensation may not exceed the contract sum (ex VAT).
The buyer gets the right to use the delivered software for use on the equipment it is delivered with. The buyer is not entitled to copy this to others in any form. For security purposes, the buyer can take a copy of the delivered software and store it in a safe place. For any standard programs, the terms of the individual program providers apply.
The seller has a mortgage (sales deposit) in the sold items for security of payment of the purchase price (with the addition of interest and costs). The product remains the property of the seller until the buyer has paid the invoice price, interest and costs, in full.
Return/cancellation of purchased goods can only be done after the written consent of the seller, and for the buyer's risk and expense.
Choice of law and venue:
The contract and conditions of sale shall in all respects be governed by Norwegian law, and litigation regarding the contract shall be settled in accordance with Norwegian rules of procedure. Disputes between the seller and the buyer shall be sought solved through negotiations. If a solution is not achieved, the case shall be referred to ordinary court proceedings. Right venue is the seller's venue (Haugesund).