1. Application
All offers, orders and deliveries from INTERMEC AS are governed by these Terms and Conditions of Sale and Delivery, unless otherwise expressly agreed in writing between the parties.
2. Contractual Basis
These Terms and Conditions, together with INTERMEC AS' quotation and order confirmation, constitute the entire contractual basis for the sale and delivery of goods and services. Any amendments or additions are valid only if agreed in writing by both parties.
3. Offers
INTERMEC AS' quotations are valid for 30 days from the quotation date unless otherwise stated. All prices are exclusive of VAT, duties, packaging and freight unless expressly agreed. INTERMEC AS reserves the right to charge an administrative fee of NOK 200 for orders below NOK 1,000.
4. Orders
All orders must be confirmed in writing by INTERMEC AS before becoming binding. INTERMEC AS' obligations are limited to the content of the order confirmation. Prices may be adjusted due to changes in trade conditions, public duties, exchange rates or raw material availability beyond INTERMEC AS' control. Amendments or cancellation of confirmed orders require prior written consent and reimbursement of all incurred costs and lost profit.
5. Payment and Security
Payment terms are net 30 days from the delivery date unless otherwise agreed in writing. Disputed counterclaims may not be set off. Complaints do not entitle the customer to withhold payment. In case of delayed payment, INTERMEC AS may charge statutory default interest and suspend further deliveries.
6. Retention of Title
INTERMEC AS retains title to the delivered goods until full payment, including interest and costs, has been received.
7. Place of Delivery
Unless otherwise agreed, delivery is Ex Works (Incoterms 2020) at INTERMEC AS' premises. The risk passes to the customer when the goods are made available. If another delivery location is agreed, transport is at the customer's risk and expense unless otherwise agreed in writing.
8. Time of Delivery
Delivery times stated in quotations are indicative unless confirmed in writing. In case of delay, the customer must grant a reasonable grace period before cancellation. Delay compensation is limited to 0.5% of the purchase price per commenced week, maximum 5%. If the customer fails to receive or collect the goods on time, delivery is deemed completed, and risk and payment obligation apply.
9. Packaging
Unless otherwise agreed, goods are packed at INTERMEC AS' discretion. Packaging costs are charged to the customer unless included in the price.
10. Inspection and Notification of Defects
The customer shall inspect the goods immediately upon receipt. Written notice of defects must be given within 8 working days. Latent defects must be reported immediately upon discovery and no later than one year after delivery. Unjustified complaints may be invoiced based on actual costs.
11. Defects and Remedies
In case of a valid and timely complaint, INTERMEC AS may choose between repair, replacement or price reduction. If the defect is not remedied within a reasonable time, the customer may cancel the defective part of the delivery. Compensation is limited to 110% of the invoiced value.
12. Product Liability
INTERMEC AS shall not be liable for property damage caused by delivered goods beyond what follows from mandatory law.
13. Limitation of Liability
INTERMEC AS shall not be liable for indirect losses, including loss of production, profit, data or consequential damages. INTERMEC AS is not liable for defects caused by misuse, improper installation, maintenance, or by materials or designs provided by the customer.
14. Force Majeure
INTERMEC AS is exempt from liability due to circumstances beyond its control, including war, strike, lockout, pandemic, fire, governmental actions, export restrictions and supplier delays. If force majeure occurs on the customer's side, the customer shall cover Intermec's costs for securing and storing the goods. If force majeure lasts more than 6 months, either party may terminate the undelivered part without liability.
15. Intellectual Property and Confidentiality
All intellectual property rights relating to products, drawings, models and technical documentation remain the property of INTERMEC AS. Such information shall be treated as confidential and not disclosed without written consent. Quotations, calculations and technical proposals remain the property of INTERMEC AS even if no contract is concluded.
16. Special Tools
Special tools produced for the customer's order remain the property of INTERMEC AS unless otherwise agreed. Tools are stored for up to one year after the last delivery and may thereafter be scrapped. New tools will be charged to the customer.
17. Standard Conditions (NL17)
To the extent matters are not regulated herein, NL17 – General Conditions for the Supply of Machinery and Other Mechanical, Electrical and Electronic Products shall apply. In case of conflict, these Intermec terms shall prevail.
18. Governing Law and Venue
This agreement is governed by Norwegian law. The CISG and the International Sale of Goods Act shall not apply. Any dispute shall be settled by the Norwegian courts, with Bergen District Court as the agreed legal venue.