Terms of sales
Last update: 17/12-2019
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General conditions:
The terms of sales are valid in the scope and content as described below unless no other agreement in writing exist between the parties.
Quotation/orders:
It is the customers’ duty to submit all the specifications expected related to the product or service including the relevant technical information and documentation, control and test conditions.
If not otherwise is agreed upon, the total quantity of delivered goods from special productions can be adjusted by +/-10% by Parma Plast, compared to the ordered and confirmed total quantity of the order.
The quoted products:
The quoted products are based on the laws and governmental regulations at the time of quotation. Prices are subject to adjustments as a result of new revisions.
Changes:
The customer can be charged for costs related to changes if the changes are initiated by the customer. The customer can also be charged for the induced cost caused by changes to the agreed quantities and delivery time on previously confirmed purchase orders, or purchase terms, if these changes are initiated by the customer.
Price:
Prices are to be understood as net exclusive VAT. Prices are subject to changes.
Delivery:
The agreed terms of delivery is in compliance to Incoterms 2020. The delivery is understood as Ex Works stores at Parma Plast AS according to Incoterms 2020 if no other agreement is specified. Delivery time at further notice. The customer shall inform Parma Plast AS of the collecting freight company if the agreement of delivery specifies freight arranged by the customer. Parma Plast AS will administer and charge the freight to the customer if this information is not provided. Delivery time is then to be understood as the date when the deliverables does leave Parma Plast AS.
Terms of payment:
Terms of payment are cash on delivery or cash in advance if not otherwise is agreed upon.
Delayed payment:
An interest rate, as set by the Norwegian government, will be charged for late payments compared to the maturity date. The invoice payment of the interest rates has no delay.
Remainders of payment are charged according to the Norwegian law of payment collection.
Sales claims:
ParmaPlastAShas the sales claims in the delivered goods until the sum is paid in total limited to the sales price added interest rate and additional costs according to the law of claims para 3-14 and para 3-22.
Patents and rights:
ParmaPlastASholds the exclusive rights according to legal origin and to other rights related to drawings technical details and to other trusted information from Parma Plast AS related to quotations or sales. Both the seller and the customer is limited by non disclosure of any drawings models or specifications made available for the other party. Information submitted by Parma Plast AS related to quotations/contract negotiations can not be used by the customer for requests to other suppliers. The customer shall hold Parma Plast AS harmless from any resulting liabilities, royalty or other charges to third party for use of patents, trademarks or other rights related to the deliverables when the product is manufactured into shapes or specifications provided by the customer.
Governmental Safety regulations:
The customer is responsible for compliance to the safety regulations if the goods are to be delivered or used in other countries thanNorway.
Warranty/returns:
Without any further delay or at the latest within 8 days after reception a warranty claim with a detailed description shall be communicated if the deliverables do not comply to the specifications. The description shall contain a reference to the order/invoice number related. Return of goods from stock is approved after further agreement only. Goods without the intact original packing will not be accepted for return unless causes of failures byParmaPlastAS.can be provided. By return of goods a fee of 25% of the invoice value in addition to the actual costs of the reception will occur, unless that failures made by Parma Plast AS can be documented. Special orders as non standard or non stock goods will not be accepted for return unless failures made by Parma Plast AS can be documented.
Delay:
ParmaPlastASwill make reservations for liability of delays caused by force majeure
Discrepancy:
In the event of discrepancy Parma Plast AS can make the choice of substituting or repairs of the deliverables. The seller has no responsibility for losses caused by the discrepancy unless substitutes or repairs are made impossible. The liability for Parma Plast AS is restricted to the invoice value of the deliverables in total.
Other terms:
All acts shall be in accordance with Norwegian law and regulations. The Parties shall endeavour to settle any dispute arising in a spirit of good faith and mutual understanding. Should this fail, any dispute shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce (ICC) by three arbitrators, appointed in accordance with said rules. The place of arbitration shall be in Bergen, Norway. The arbitration shall be final, binding and enforceable on both parties. Any arbitration pursuant to this section shall be conducted in the Norwegian language.