Terms and conditions
Terms and Conditions of Sale & delivery for Engine Protection Partner AS (org. no.: 976 683 560)- Bergen, May- 2022
The following terms and conditions of sale apply between the parties unless otherwise agreed in writing or special adapted contract!
Price offers are valid for 60 days from the quotation date unless otherwise stated. All prices are exclusive packaging, transport, insurance, value-added tax and other government charges. Deliveries are made in complete sales units. Any deviation from standard sales units must be agreed and will result in additional charges. We reserve the right to change prices that are affected by currency changes or other unforeseen events that affect costs. We reserve the right to correct typographical errors in offers or processed orders. In emergency service cases between 18.00 – 06.00 (6 PM – 6 AM) local time, an additional cost of 425.00 EUR will be applied to the final invoice.
1.2 Depreciation of liability:
Engine Protection Partner AS’s liability for the product or work performed is limited to either the value of the product, or the value of work performed – at our workshop or at the customer’s location. The maximum requirement may not exceed NOK 15 million Nok (15. G)
All product liability is disclaimed if our products are exposed to:
a) other uses than the product is intended for
b) if the product is mounted / used on mechanical equipment that exceeds values according to the classification of the product – this can be temperatures, vibrations, humidity or other mechanical stresses above the approved level
c) misuse or failure of lack of of maintenance.
Seller only undertakes to replace the quantities that have proven to be unreliable. Seller is not liable for any loss or damage arising as a result of the product or its use.
1.3 Delivery & Transport:
Engine Protection Partner AS arranges shipping / transport, while the freight charges are paid for by the customer or recipient. All goods are delivered Ex Works (EXW) Bergen unless otherwise agreed. Transportation of goods are automatically organised by us. Our transportation partner is DHL- unless other is agreed. If buyer want to organize transportation of goods- this to be done by buyer. If EPP have to organize transportation based on buyers own transport partner- this will lead for an extra cost of Euro: 35.00. We are not responsible for insurance of consignment of goods – unless otherwise agreed in writing or in contract.
The standard terms of payment are net 30 days from the invoice date unless otherwise agreed. Pre-payment for all new customers! Engine Protection Partner AS reserves the right to demand payment before goods are delivered in cases where it finds this necessary. If payment are not paid until due of date- this leads to extra cost for buyer. We are the legal owner of the goods, until this is paid by the recipient / customer.
1.5 Product application:
The buyer shall be aware of the product’s characteristics and application possibilities. Before use, the buyer must decide whether the product is suitable for its intended use, and the buyer carries all risk and liability in that connection. It is the buyer’s responsibility to pass on information received about the product if the product is intended for resale.
The warranty period is 12 months from the date of new manufactured parts and systems. Warranty period of repairs and exchange units are 6 months from delivery.
All claims concerning the product must be made in writing and documented. Complaints must be lodged promptly and never later than 8 days after receipt of the goods. Complaints concerning shipping damage must be made to the carrier upon receipt and must be documented by signing the consignment note / document.
1.8 Return of goods:
No returns can be made without prior agreement with Engine Protection Partner AS. All returns must be marked and agreed with Engine Protection Partner AS. Return will only be approved for standard stock items that are unused and undamaged. Upon the return of unused and undamaged parts, Engine Protection Partner AS will issue a credit note for 50% of the total amount after inspecting the returned goods. Goods that have been specially ordered or manufactured, or that for other reasons cannot be considered to be standard stock items, cannot be returned.
1.9 Exchange Pool Terms:
1. Return of exchange units must take place within 60 days.
2. After 60 days, there will be an Extra invoice due to missing exchange Pool parts.
Return of exchange unit after 60 days, Extra invoice will be processed as follows:
3. 60 – 90 days – Extra Invoice will be 100% credited
4. 90 – 120 days – Extra Invoice will be 50% credited
5. After 120 days – Extra Invoice will not be credited
The customer is responsible for the return of used units. Transport cost to be covered by the customer.
2.0 Force majeure:
Unforeseen and unforeseeable obstacles to fulfilment of the agreement entitle the seller to fully or partially cancel the agreement or extend the delivery time and prices by a period corresponding to the duration of the obstacle in question. Such extensions or delays entail no liability for the seller. Seller is required to give the buyer notice of such obstacles and their consequences.