Terms and conditions for Businesses:
1. General
These sales and delivery terms regulate the relationship between Proffteiner AS (“Proffteiner”) and the Customer. The Customer has understood and accepted these terms before submitting an order. Unless otherwise specified in these sales and delivery terms, the provisions of the Sale of Goods Act apply.
2. Ordering and Agreement Binding
Ordering of crab pots (hereafter “the Product”) occurs when the Customer submits an order form to Proffteiner. The order is binding for the Customer once it has been received by Proffteiner. Any changes to the order require a separate agreement. After the Customer submits an order form, Proffteiner will issue an order confirmation.
The Customer is responsible for checking the order confirmation. If there are discrepancies between the Customer’s order and Proffteiner’s order confirmation, the Customer must immediately after receipt, and no later than within two business days, report the discrepancy to Proffteiner. Proffteiner is not liable if the delivery conforms to an order confirmation that deviates from the order, if the Customer has not reported the discrepancy within the aforementioned deadline.
3. Delivery
3.1 Delivery Terms – Transfer of Risk Delivery occurs DAP, according to Incoterms 2020. This means that Proffteiner bears the risk for the Product until it is delivered to the delivery address as specified in the order form. However, the Customer bears all costs associated with the shipment of the Product (such as freight costs, possible customs duties, etc.), which are in addition to the purchase price. The Customer assumes the risk for the Product from the time of delivery at the specified delivery location.
3.2 Delayed Delivery If Proffteiner cannot deliver the Product at the agreed time, the Customer will be immediately informed about the delay and the new delivery time. If the Customer accepts the delay, the new delivery time will apply.
Proffteiner is not liable for delays caused by force majeure or other circumstances beyond Proffteiner’s control, including delays due to sub-suppliers.
4. Defects
4.1 Basis for Defects There is a defect if the Product does not conform to what has been agreed between the parties.
4.2 Receipt Inspection and Complaint The Customer is obligated to inspect the Product immediately upon delivery, see section 3.1. If the Customer discovers defects in the Product, the Customer must immediately file a written complaint to Proffteiner.
For defects that become apparent after the receipt inspection, the Customer must file a written complaint to Proffteiner within two (2) weeks after the Customer discovered or should have discovered the defect. The message must contain a description of the defect or how it appears. If such notice is not sent within the mentioned deadline, the Customer loses their right to make a claim.
Proffteiner is not responsible for defects caused by materials provided by the Customer, or for constructions and technical solutions prescribed or specified by the Customer. Proffteiner is not responsible for defects due to incorrect use and assembly or errors due to insufficient maintenance of the Product.
Proffteiner’s liability for defects ceases if the Customer has made adjustments to the Product, or carried out repairs incorrectly. The liability for defects does not cover normal wear and tear, or damage and wear caused by extreme loads on the Product. Proffteiner’s liability for the Product or elements in the Product supplied by Proffteiner’s sub-suppliers is limited to the liability Proffteiner can enforce against its sub-suppliers.
Proffteiner’s liability only covers defects that are claimed within one (1) year from the day the Product was delivered to the Customer. If the Product has been used more intensively than normal, the one-year period is shortened accordingly to the increased usage.
If a complaint correction has been made, a new one (1) year warranty period applies for the part of the Product that has been corrected. For the rest of the Product, the one (1) year period is extended by the time the Customer could not use the Product due to the complaint work.
If the Customer has complained, and it turns out during the complaint work that the Product is not defective, Proffteiner has the right to compensation for the costs Proffteiner has incurred due to the incorrect complaint.
4.3 Defect Rights Proffteiner’s liability for defects is limited to re-delivery, price reduction, and repair. Proffteiner may choose to perform re-delivery or offer a price reduction in cases where the Customer desires repair. Defects do not give the right to cancellation or compensation.
5. Liability for Damages
Proffteiner’s financial liability to the Customer for losses that may arise from errors and defects in the Product is, without exception, limited upwards to 7.5% of the agreed purchase sum.
6. Payment
6.1 Prices The Product is delivered according to Proffteiner’s current price list at anytime. The purchase price in the order form is stated excluding VAT and shipping costs, see section 3.1.
6.2 Late Payment Payment is made in advance. An invoice is issued simultaneously with the order confirmation and is due for payment after eight (8) days. If the payment deadline is exceeded, the Customer is obliged to pay the applicable late payment interest from the due date until payment is made. Proffteiner has the right to withhold the Product until payment is made.
7. Retention of Title
Proffteiner retains title to the delivered Products until the purchase sum, including interest and costs, is fully paid. The Customer is not entitled to resell Products encumbered with a retention of title.
8. Use
The Customer is responsible for complying with all relevant laws and regulations related to crab fishing in the area where the Product will be used. Proffteiner is not liable for damage or loss resulting from the Customer’s use of the Product. Proffteiner is also not liable in cases where the Customer does not achieve the results presented in the marketing of the Product.
9. Disputes
All disputes arising from this agreement shall be settled according to Norwegian law. Disputes shall be attempted resolved amicably before a party takes legal steps. The parties have agreed that Trøndelag District Court, with legal venue in Namsos, shall be the legal venue.
Terms and Conditions of Sale for Private Consumers
1. General information
Proffteiner AS sells goods through distance selling and sales outside fixed business premises. These terms and conditions apply to all purchases of goods from Proffteiner AS, unless otherwise agreed in writing.
2. Ordering
When you place an order via our website, phone or other platforms, you will receive an order confirmation.
3. Prices and payment
All prices are quoted in Norwegian kroner and exclude value-added tax (VAT) unless otherwise stated. Shipping and any other costs will be added to the total amount.
4. Delivery
We offer delivery to all of Norway. Shipping costs will be added to the order, and the estimated delivery time will be stated in the order confirmation. The risk of the item is transferred to the customer upon receipt of the item.
5. Right of withdrawal
As a consumer, you have the right to cancel your purchase within 14 days from the day you received the item. The right of withdrawal only applies to consumers and not to business purchases.
To exercise your right of withdrawal, you must send us a notification within the deadline. This can be done by email to post@proffteiner.no.
When exercising the right of withdrawal, we will refund the purchase price, including the shipping costs of the original shipment, within 14 days of receiving the goods or proof that they have been dispatched. You are responsible for the return shipping costs.
6. Exceptions to the right of withdrawal
The right of withdrawal does not apply to: Goods that are manufactured according to specifications from the consumer (customised goods).
7. Complaints
You have the right to complain about defects and defects in the product in accordance with the Norwegian Consumer Purchase Act. In case of errors or omissions, you must contact us as soon as possible after you have discovered the error. We will cover return shipping for items with errors or defects.
8. Privacy
We process your personal data in accordance with the applicable data protection regulations.
9. Dispute Resolution
Any disputes must be resolved amicably. If this is not successful, the case can be brought before the Consumer Disputes Committee.