INTRODUCTION
Any sale or rental of equipment from FREBER AS (hereinafter referred to as FREBER) is subject to these terms and conditions of sale and delivery, unless other special terms and conditions have been agreed in writing.
OFFER, PRICE, ETC.
Unless otherwise agreed in writing, all sales are subject to the price on the delivery date. The seller reserves the right to change offers, prices, discounts, designs, and dimensions without notice. Prices in offers are valid within the validity period of the offer and may subsequently be subject to change due to price changes from suppliers, currency, taxes, etc. Prices are based on our suppliers' offers and the applicable customs duties, taxes, and exchange rates. We reserve the right to make adjustments in the event of changes to these. However, the seller cannot make adjustments for changes that may occur after the seller has received payment from the customer.
In general, the seller adjusts its prices 2-4 times a year based on the current price list from our suppliers, exchange rates, customs duties, and taxes.
DRAWINGS AND DESCRIPTIONS
All information regarding weight, dimensions, capacity, price, and other data in catalogs, brochures, circulars, advertisements, etc. are approximate and only binding on Freber if an agreement expressly refers to them. All drawings, models, and samples sent to the buyer remain the property of the seller unless otherwise agreed. The buyer is not entitled to use, copy, reproduce, lend or otherwise disclose the material to third parties without Freber's consent.
DEVELOPMENT WORK
The buyer is not entitled to make use of engineering and development work, drawings, samples or tools carried out by Freber's suppliers without payment for this directly or indirectly.
LOANS/RENTALS
Equipment or goods loaned/rented from Freber, free of charge or at an agreed price, may only be used with products supplied or approved by Freber, unless otherwise expressly agreed.
DELIVERY LOCATION
Unless otherwise expressly agreed, all goods are delivered ex warehouse in Drammen.
DELIVERY TIME
Unless otherwise agreed, the delivery date is defined as the date on which the goods are available to the customer.
If no delivery date is specified in the order, Freber is entitled to deliver at any time within 12 months of the order date.
HANDLING OF BUFFER STOCK
An agreement on buffer stock can be made by means of a written agreement between the customer and Freber.
The customer must undertake to remove the agreed buffer stock within an agreed time limit after the last delivery of the product. Freber cannot be held financially responsible for any remaining buffer stock agreed with the customer verbally or in writing. The customer may be required to provide a bank guarantee for buffer stock.
PAYMENT
All prices are exclusive of VAT. Standard payment terms are net 15 days, unless otherwise agreed in writing. Unless otherwise agreed in writing, payment shall be made in accordance with the customer's current payment terms. All payments are made in NOK unless otherwise stated on the invoice. For prices in NOK based on an agreed exchange rate, we reserve the right to adjust prices if the exchange rate changes by 2.5% or more according to the current rate on the invoice date. In the event of late payment, interest will be charged in accordance with the applicable statutory default interest rate.
If, for various reasons, a delivery is made in parts, Freber reserves the right to make partial deliveries and invoice each delivery to the buyer, unless otherwise agreed in writing.
SHIPPING
Shipping is at the buyer's expense and risk.
RETURN PROCESSING
Returns can only be made by agreement and in accordance with the following guidelines:
a. Incorrect deliveries will be credited at 100% of the invoice amount.
b. Returns of normal stock items where the error is not attributable to Freber and the return has been approved will be credited at 70% of the invoice amount.
c. Products that are not stocked in Norway, or are specially assembled or manufactured for the customer, will not be accepted for return.
d. All returns, except those specified in section 11a, are at the buyer's expense and risk.
RESPONSIBILITY
Freber shall not be liable if delivery is prevented due to labor disputes, fire, war, military uprising, seizure, currency restrictions, riots, lack of means of transport, general shortage of goods, scrapping of large workpieces, labor shortages, power supply restrictions, or delays in deliveries from subcontractors as a result of the circumstances described in this section, or other supernatural events (force majeure).
In such cases, the buyer is not entitled to refuse to accept delayed delivery, as the delivery time is considered extended for as long as the impediment lasted. Freber shall under no circumstances be liable for direct or indirect damage or loss such as price differences, compensation to third parties, personal injury or property damage, even if the damage is due to a defect in a product delivered by Freber.
Freber shall not be liable for damage in the event that the manufacture, sale or use of the goods involves a patent or trademark infringement.
SAFETY
The seller reserves the right to demand security for the order size or invoice amount, and such security may be demanded after the order has been accepted. Delivered products and machines remain Freber's property until they have been paid for in full.
COMPLAINT
Complaints regarding defects or deficiencies in the delivered goods must be made immediately after the defects are discovered and no later than 8 days after delivery. The seller reserves the right to repair the item or replace it with a new one of the same type. Defective items must be returned if the seller so requests.
Returns of goods must always be agreed upon separately.
RENTAL OF MACHINERY AND TOOLS
When renting out machines and tools, a separate contract is drawn up that regulates the rental price and rental period.
PROPERTY RIGHTS – USE OF EQUIPMENT
Rented equipment, machines, and tools remain the property of Freber. Signs indicating the owner/manufacturer must not be removed. Freber reserves the right to decide on any additions or changes.
INSTALLATION / SERVICE
Installation of rental equipment shall be carried out by the customer unless otherwise agreed. The user is responsible for ensuring necessary service and maintenance unless a separate service agreement has been established.
TRANSFER / SUBLETTING
The customer's right to use the rental equipment cannot be transferred to a third party or otherwise altered. The rental equipment may not be sublet or lent without prior written consent.
RETURN
When the rental agreement expires, the customer is obliged to return the rental equipment to Freber's premises in Drammen in good and functional condition. The costs are borne by the customer.