TERMS OF DELIVERY

General sales and delivery conditions

General
Gjerstad Products AS (Seller) general sales and delivery conditions apply to all deliveries unless otherwise agreed in writing. If there is a divergent understanding between an agreement entered into and the general sales and delivery conditions, the general sales and delivery conditions apply.

1. Product information / technical data:
Drawings received, other technical documents or technical information received from the Seller may not be used for anything other than the purpose of delivery without the consent of the Seller. Without the consent of Gjerstad Products AS, they may not be copied, reproduced, handed over to third parties or otherwise brought to their knowledge.
Technical data that has been handed over is binding on both parties unless laws or regulations make changes necessary. It must then be immediately informed to the customer.

2. Entering into an agreement / order confirmation shall contain the following info:
Agreed prices and delivery terms, as well as a specific description of the product using reference number or similar. If the product is not a "regular", the buyer must be presented with drawings and the buyer. Buyer approves drawings before production starts.
If there is a requirement for daily fines, this must be specifically informed about the order and then clarified before the order confirmation is given by the Seller.

3. Delivery / delivery time / delays:
Delivery terms are the applicable terms. Unless otherwise agreed, the terms EXW Sundebru applies. Delivery time from the factory is confirmed by order confirmation. If the Seller becomes aware that the delivery time cannot be complied with, the Seller is obliged to inform about this immediately, as well as inform about the new delivery time. If the delivery time is exceeded by more than the corresponding original delivery time, both parties have the right to terminate the contract, unless the parties have previously agreed on an extension of the delivery time.

4. Payment:
The final settlement is due for payment as described in the order confirmation. If the buyer does not pay at the agreed time, the Seller is entitled to default interest from the due date at the interest rate that applies in accordance with the legislation on interest in the event of late payment. If the buyer has not paid the amount due within 3 months, the Seller is entitled to cancel the sale. The buyer will then be able to be charged for default interest and at the same time be able to be claimed for damages and documented losses the seller has suffered.

5. Cancellation:
The buyer has no right, but the opportunity to cancel the sale item or parts of it. If the Buyer wishes to cancel the item for sale or parts of it and this is approved by the Seller, the Seller has the right to demand coverage of the costs that the ordered delivery has inflicted on the Seller's company.

6. Property conditions:
The equipment remains the Seller's property until it has been paid in full to the extent that such ownership is valid under applicable law.

7. Grounds for exemption:
The Seller may invoke an exemption for a contract entered into based on the Force majeure clause, which is hereby made valid for the Seller's company and associated subcontractors
It is the responsibility of the party invoking a ground for exemption to immediately notify the other party in writing of the cause and consequences.

8. Disputes and choice of law:
Disputes between Seller and Buyer shall be settled by arbitration in Arendal.
Gjerstad Products AS
Gjerstadveien 373
4993 Sundebru Norway
Tlf: +47 37 11 91 00
Gjerstad Products AS is part of 
Construction Equipment Group
© Copyright 2021 - Gjerstad Products AS - All Rights Reserved
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