General terms for the delivery of service and parts
1. VALIDITY
These general terms apply to the extent not otherwise stipulated by written agreement, and apply to motors and parts from Caterpillar Inc. The terms may be amended without notice.
2. OFFERS
All offers are non-binding. We are as a supplier only under obligation once we have received confirmation of an order.
3. SPECIFICATIONS AND DIAGRAMS
Illustrations, specifications and technical data such as weights, measurements, volume, performance, electricity requirements etc. in brochures and other promotional materials is only for informational purposes, and must only be understood as guidance. Those diagrams which are included with bids and deliveries must not be copied, nor may these or any accompanying illustrations and printed materials be made available to competing companies. In the event the bid is not accepted, it is requested that the construction diagrams be returned.
4. DELIVERY TIME AND SHIPMENT
The delivery time indicated is given for guidance only. Pon Power Norway (hereafter ‘PPN’) assumes no responsibility for any delays. Unless agreed otherwise all shipments occur at the purchaser’s risk. In response to a written request we will arrange for shipping and insurance. We are in no circumstances responsible for any irregularities caused by delays en route, damage while on the lorry, railroad, ship etc.
5. FORCE MAJEURE
Any obstacle which falls within the bounds of §§ 23 Sale of Goods Act shall be considered to be force majeure, both when such obstacles are general and when they affect the seller itself or the production plant which has been selected to prepare the object of the sale, or its sub-suppliers. Traffic-related difficulties which affect the means or route of transportation stipulated by the seller at the time the agreement was entered into shall also be considered to be force majeure, as shall the scrapping of larger pieces of work, reductions in the supply of power, labour conflicts, military mobilisation, requisitioning, impoundment, or foreign currency, export and import restrictions..
6. DELIVERY AND TRANSFER OF RISK EXW (EX WORKS)
Delivery has occurred and the risk has transferred to the purchaser upon dispatch from our warehouse, or when motors or parts are ready for delivery in those instances where the customer is to collect them from PPN or its branches. Indent business; dispatch from the production plant. The delivery only includes that which is specified in the order confirmation or the agreement or the documents to which these refer.
7. VENDOR’S LIEN
We retain ownership of the motor(s) or part(s) and/or accompanying equipment until the purchase price as well as any interest and costs are paid in full. The purchaser is not entitled to act in respect of the above either legally or in practice in a way which may cause damage to our ownership.
If at the time the contract was entered into the seller has used the expression retention of ownership or sale under a contract of hire - these have the same effect as if a vendor’s lien had been agreed (cf. § 3-22 Sale of Goods Act). Acceptance credits, cheques or other payment orders shall not be considered to have constituted payment before they are redeemed in full.
8. PRICES
Unless expressly stipulated otherwise all prices are to be understood as delivery “Ex Works” from our warehouse in Oslo. We reserve the right to make changes in prices which are due to price changes at the plant, transportation costs or duties imposed by the government. In the event of a change in customs duties before the product has been imported, the purchaser will be charged or credited with the difference.
9. RETURNING PARTS
9.1.
Parts which are returned must be new, in stock and in fully saleable condition. The parts must be labelled with the part numbers and the packing slip must be enclosed
9.2. Parts which are not returned within 90 days and which are not in stock at PPN are considered to be repurchases not returns, and must be agreed in each individual case.
9.3. In the event that an agreement concerning repurchasing has been entered into or in the event of a faulty delivery, this must be stipulated in the accompanying note.
9.4. No credit will be given for small parts whose value is less than NOK 500.
9.5. No credit will be given for parts from packaged sets and parts from compound units.
9.6. Return postage is paid by the sender, and the purchaser’s account is credited on the basis of PPN’s count.
9.7. Returned parts which we do not accept shall be discarded unless otherwise agreed.
9.8. A 20% return charge shall be deducted for the return of parts within 30 days of the time of delivery, and a 30% return charge shall be deducted for the return of parts between 30 and 90 days after the time of delivery. Any discounts will be deducted before return costs are calculated.
9.9. Returns which do not include an accompanying note shall be considered to be older than 90 days. The value shall then in every case be set by PPN and the amount credited to the customer’s account.
9.10. The original packaging for each individual returned part shall not be damaged
10. PAYMENT TERMS
Unless otherwise agreed in writing payment is due within 8 days. In the event of failure to comply with the stipulated payment time late payment interest, currently 16% per annum, shall be calculated. Payment is timely when it has been credited to PPN’s account on the date payment is due.
11. COMPENSATION FOR DELAYED DELIVERY
No compensation of any kind shall be paid for failing to comply with a suggested delivery time. For failure to comply with a guaranteed delivery time, unless otherwise agreed normal compensation (liquidated damages) shall be paid, calculated at a rate of 0.5% per week of the portion of the agreed purchase price represented by the part of the object of the sale which cannot be brought into use as planned as a result of the delay. If the amount on the basis of which the normal compensation is to be calculated exceeds NOK 100,000, liquidated damages shall be calculated at a rate of 0.25% per week.
The liquidated damages calculated for each whole week of the delay, calculated from the day the delivery should have been made, may not exceed 5% of the portion of the purchase price which that part of the delivery which cannot be brought into use as planned represents.
The purchaser is not entitled to any other form of compensation, and the normal compensation shall not be provided if it may reasonably be assumed that the purchaser has not suffered a loss, e.g. because he has not been ready to receive the delivery.
If the object of the sale is to be delivered from the production plant or wholly or partially from sub-suppliers, the purchaser is only entitled to compensation to the extent that the seller is able to make comparable claims for compensation from its supplier.
It is a prerequisite that the terms of sale of the production plant or sub-supplier making the delivery are communicated to the purchaser, cf. point 12. The object of the sale shall be considered to be delivered when it has come into the possession of the purchaser in the agreed way, cf. point 6, even if the purchaser is subsequently forced to undertake corrective measures, cf. point 17.4 or receive subsequent deliveries of parts which are of minor financial significance in the context of the delivery as a whole.
12. INDENT BUSINESS
If it is stipulated in the contract that delivery shall be made from a particular production plant, the sale is made in accordance with the delivering production plant’s terms in addition to PPN’s terms. In the event of discrepancies the production plant’s terms take precedence. The provision concerning the ownership rights of the seller always applies as an independent provision irrespective of the production plant’s terms thereon.
13. PURCHASER’S OBLIGATION TO RECEIVE THE MOTOR ETC
If the purchaser fails to receive the motor or part(s) at the agreed time, he is nonetheless obligated to make the contractually stipulated payment as it falls due.. The motor will be stored at the purchaser’s expense.
14. CLAIMS TERMS
14.1. For motors refurbished by PPN, PPN is responsible for those defects which demonstrably stem from materials- or production-related errors within the following time limits calculated from the date of delivery: 6 months or 1500 hours, whichever occurs first. For spare parts the time limit is 6 months from the date of sale or documented installation date. Travel and accommodation expenses shall be paid for by the customer.
14.2. The purchaser obligates himself to check over the delivery as soon as it is received. Any claim concerning the delivery must be made in writing and no later than 8 days after the circumstance concerning which a claim is being made is or should have been discovered. Any claim must be accompanied by a filled-out damage report form.
14.3. Assuming the claim is made in writing within the stipulated time period, PPN is entitled to remedy the defect without undue delay. PPN shall determine how the defect is to be remedied, including whether the improvement shall be made with the assistance of new parts, spare parts or by means of repair.
In connection with remedying defects PPN shall cover all expenses in respect of work and parts as well as reasonable travel and accommodation expenses. It is a precondition that the work must be carried out by PPN service personnel, or if appropriate others by agreement with PPN. The purchaser bears the burden of proving that there is a defect which falls within the terms of the contract. It is a precondition that the work be carried out within PPN’s normal working hours. Additional costs incurred as a result of overtime work shall be paid by the purchaser. PPN reserves the right to impose fees where service personnel are called out unnecessarily.
PPN is not responsible for any expenses incurred in connection with installing a motor at a production plant (e.g. expenses in connection with repair, transportation or leasing) unless agreed in advance in writing.
Parts which are replaced shall be returned to PPN within 7 days of the date of repair. If the part(s) are not returned as stipulated, PPN shall be absolved of any liability, and the purchaser shall be charged with all expenses in connection with the repair.
The purchaser may not validly make other claims in connection with the reported defect other than the claim to have the defect remedied as described above. Unless otherwise agreed in writing, remedy for defects may only be claimed if the delivery occurred in Norway (but not Svalbard, Bjørnøya or Jan Mayen) or on Norwegian offshore oil platforms.
14.4. PPN is not responsible for problems, defects or damage due to regular wear and tear, the application of non-approved lubricants, the use of non-proprietary spare parts, incorrect treatment, inadequate maintenance or overuse. It is a further precondition for PPN’s liability that the "Petroleum radiation programme" is adhered to for those products where such a programme has been established.
14.5. If the motor is changed or repaired without PPN’s written approval, PPN is not liable for any costs in this context. If such a change or repair occurs, PPN shall cease to be liable for any defects in the delivery.
14.6. For replacement parts which PPN supplies in connection with the remedy of a defect for which PPN is responsible, there is no separate liability period (deadline for claims). The deadline for claims for such parts expires at the same time as the deadline for claims for the original delivery, cf. point 14.1.
14.7. For defects in equipment which PPN has received from suppliers other than those named in these general delivery terms, the individual supplier’s liability and delivery terms shall apply. Claims shall be directed to the individual supplier.
14.8. PPN can only be held liable for defects in the delivery by the original purchaser.
14.9. The delivery time stipulated is either guaranteed or given as guidance. The delivery time is only guaranteed if this is expressly stipulated in the written text of the agreement; otherwise it is always given as guidance. If the seller becomes aware that the delivery will not occur within the timeframe of the delivery time given as guidance — or of the guaranteed time — he should inform the purchaser of this, explain the cause of the delay, and if possible provide a new delivery time.
If a force majeure event occurs (cf. point 5) the delivery time shall be extended by the duration of the force majeure event. If the agreed delivery time — whether given as guidance or guaranteed — is exceeded by 6 months, the purchaser has a right to terminate the purchase.
In the case of indent business or to the extent that the object of the sale shall wholly or partially be supplied by a sub-supplier, the purchaser nonetheless only has a right to terminate the sale to the extent that the seller is able to enforce the right of termination against its supplier.
It is a prerequisite that the terms of sale of the production plant or sub-supplier making the delivery are communicated to the purchaser, cf. point 12. These provisions apply instead of § 22-27 and 29 Sale of Goods Act.
15. LIMITATION OF LIABILITY
PPN may not be held liable for direct or indirect production losses, or for damage to persons or goods or otherwise, or for damage which the object of the sale or the use thereof has inflicted on the person, or any other consequential loss or damage of any kind, irrespective of cause, which results from defective delivery or incomplete fulfilment of other obligations expressly owed by PPN in accordance with these general delivery terms or other written agreement. Any assistance provided to the customer beyond the obligations stipulated shall be seen as advisory, and shall in no circumstances impose liability.
16. JURISDICTION
Any disputes which may arise shall be decided by the Oslo Municipal Court, which the parties by confirming the order or agreement accept as the forum for resolution of disputes.