Terms of sale and delivery

1. IN GENERAL

These terms and conditions of sale and delivery apply to any purchase unless otherwise agreed in writing between the parties.

2. ORDERING

An agreement shall be deemed to have been concluded in accordance with these conditions when ENTRACK has received the customer's order and confirmed that the delivery can be carried out.

3. DELIVERY
   • Unless otherwise agreed, ENTRACK shall deliver the goods Ex Work - (from its warehouse) (Incoterms 2010)
   • The goods shall be delivered within a reasonable time, unless ENTRACK has set a specific delivery date.
   • The goods are delivered with a packing slip and the customer is obliged to examine the goods and packing slip without undue delay.
     
     
4. PRICES AND PAYMENT
   • The Customer shall pay the price quoted by ENTRACK to the Customer when placing the order.
   • Exceptions may occur for goods exposed to currency fluctuations. In this case, MGF's terms of sale section 7 is used. Entrack generally relates to MGF's terms of sale for the construction industry.
   • ENTRACK may require the customer to pay before delivery of the goods. If advance payment is not required, the customer will be invoiced with a 10-day payment period. Unless another deadline has been agreed with the customer.
   • All prices are exclusive of VAT - unless otherwise stated.
     
     
5. LATE PAYMENT
   • In the event of late payment by the Customer, ENTRACK is entitled to interest on arrears in accordance with the Interest on Arrears Act.
   • ENTRACK has the right to terminate the agreement with 10 days' notice if the payment default lasts longer than 40 days.
     
     

6. COLLATERALISATION

ENTRACK has a vendor's lien on the delivered goods until full payment of the purchase price and costs has been made.

7. DELAYED DELIVERY

If ENTRACK becomes aware that the delivery will be delayed, ENTRACK shall inform the Customer.

8. DEFECTS AND COMPLAINTS
   • ENTRACK guarantees that the goods are free from defects for 6 (six) months from the time of delivery. This only applies to defects that existed at the time of delivery. ENTRACK shall not be liable for defects after the expiry of the warranty period.
   • The goods are defective if they do not comply with user manuals or other information provided by ENTRACK or anyone for whom ENTRACK is responsible in connection with the sale, including if the goods infringe third party intellectual property rights.
   • The item is not defective if it turns out not to be suitable for a specific purpose that the customer has. If the item is subjected to abnormal or unauthorised use contrary to guidelines provided by ENTRACK or if a defect is due to circumstances on the part of the customer.
   • In the event of defects, the Customer shall complain in writing to ENTRACK without undue delay after the defect was discovered.
   • In the event of a complaint about defects, ENTRACK shall be entitled either to make a replacement delivery, rectification or to offer the Customer a proportionate price reduction. The customer may claim compensation or cancel the purchase if this follows from clauses 9 and 10 - ENTRACK has no liability for defects beyond this.
     
     
9. HEAVING

The Customer may terminate the agreement in the event of material breach by ENTRACK.

10. LIMITATION OF LIABILITY
    • ENTRACK shall only be liable for damages in cases of gross negligence or intent.
    • ENTRACK is not liable for indirect losses. Indirect loss includes business interruption, loss of profit, any loss on contracts with third parties and loss due to damage to anything other than the goods themselves. Section 67 of the Sale of Goods Act 1988 shall not supplement this provision.
    • After the goods have been installed in or joined to immovable or movable property, ENTRACK shall under no circumstances be liable for losses incurred in connection with troubleshooting, access to, repair or dismantling of the goods or other losses that may arise. ENTRACK shall not be liable for consequential loss.
    • ENTRACK's maximum liability for damages shall in any event be calculated at the selling price of the goods in question.
      
      
11. FORCE MAJURE
    • Neither party is liable for delays or defects caused by circumstances beyond the parties' control that the parties could reasonably be expected to have taken into account at the time of the agreement. The exemption from liability applies for as long as the hindrance lasts.
    • The party subjected to an obstacle as mentioned in 11.1 is obliged to notify the other party without undue delay.
    • If the impediment mentioned in 11.1 lasts longer than 60 days, the other party may terminate the agreement with immediate effect.
      
      

12. CANCELLATION AND RETURN
    • The customer has the right to cancel the item against a cancellation fee of 25% of the price of the item within 8 days of delivery. Shipping is at the customer's expense.
    • ENTRACK will only accept returns if they are complete, unused, undamaged and in their original packaging. Goods with a price of less than NOK 400 cannot be cancelled or returned. All costs associated with cancellations and returns shall be borne by the customer. The customer shall notify ENTRACK before cancellation and return takes place. Opened gasket sets cannot be returned. Filters with broken seals cannot be returned either.
      
      
13. CHOICE OF LAW AND JURISDICTION
    • The agreement shall be governed by Norwegian law.
    • Attempts shall be made to resolve any disputes between the parties amicably. If a reasonable solution cannot be reached, the dispute shall be brought before the ordinary courts. Glåmdal District Court is adopted as the venue.