1. General. These sales and delivery terms apply to all deliveries from Smart Ocean AS unless otherwise agreed in writing. The buyer's own terms do not apply unless they are expressly accepted in writing by Smart Ocean AS. The terms comply with applicable Norwegian legislation, including the Consumer Purchases Act, the Sale of Goods Act, and the Right of Withdrawal Act where these are applicable.
2. Orders and Agreement Formation. All orders are considered binding once they are confirmed in writing by Smart Ocean AS. Any changes or cancellations of orders must be approved in writing by Smart Ocean AS. Consumers have the right to exercise the right of withdrawal pursuant to the Right of Withdrawal Act in the case of distance selling or sales outside of a permanent retail location.
3. Prices and Payment Terms. All prices are stated exclusive of VAT, freight, and any other duties unless otherwise specified. Payment shall be made according to the agreed payment terms, normally net 14 days from the invoice date. In case of delayed payment, late payment interest will accrue in accordance with the Norwegian Late Payment Interest Act. In the event of non-payment, the claim may be transferred to debt collection in accordance with the Norwegian Debt Collection Act. Smart Ocean AS retains a sales lien on delivered goods (Norwegian Pledge Act §§ 3-14, 3-22) until the goods have been paid for, to the extent the sales lien is valid under applicable law.
4. Delivery and Transfer of Risk. Delivery takes place according to the agreed delivery terms. The risk for the goods transfers to the buyer when the goods are delivered according to the agreement. Smart Ocean AS assumes no responsibility for delivery delays caused by force majeure. Delays due to such causes do not entitle the buyer to withdraw their orders, cancel delivery agreements or contracts, or make any claims for compensation. Delivery terms are Ex Works, and the buyer pays for freight unless otherwise agreed.
5. Claims and Returns. The buyer is obligated to inspect the goods upon receipt. Any defects or deficiencies must be reported in writing to Smart Ocean AS within a reasonable time in accordance with the Sale of Goods Act or the Consumer Purchases Act. Consumers have a complaint period of two years. Goods delivered according to the agreement are only accepted for return after a written agreement with Smart Ocean AS. When returning stocked goods, a return fee of 20% will be charged, with a minimum of NOK 500 excluding VAT for handling costs. Goods that are not kept in stock are normally not accepted for return, but if an exception is made, a fee of 30% of the order’s net value plus freight costs will be charged if Smart Ocean accepts the return. Returned goods must be in full saleable condition in unopened and undamaged original packaging. Return shipping is covered by the customer. The time limit for returns is three months from the invoice date.
6. Limitation of Liability. Smart Ocean AS is not liable for indirect losses, including but not limited to loss of profit, operational losses, or other economic consequential losses, unless otherwise provided by mandatory legislation, such as the Consumer Purchases Act. The company's liability is in any event limited to the purchase price excluding VAT for the defective product. Compensation for delays is limited to 10% of the purchase price excluding VAT.
7. Warranty. The warranty period is 2 years for product defects.
The warranty only applies if the product:
- Has been used/installed in accordance with the product specifications and guidelines for proper use
- Has been installed professionally and legally
- Has not been exposed to extreme conditions of modified by unauthorised personell
The warranty does not cover consequential costs/damaged, such as operational losses or normal wear and tear.
8. Intellectual Property Rights. All intellectual property rights to products, software, and data delivered by Smart Ocean AS remain the property of Smart Ocean AS unless otherwise agreed in writing.
9. Dispute Resolution and Governing Law. Any dispute between the parties shall be sought resolved amicably. If no resolution is reached, the dispute shall be settled by Norwegian courts, with Kristiansand District Court as the legal venue. The agreement is governed by Norwegian law.
10. Changes to Terms. Smart Ocean AS reserves the right to change these sales and delivery terms in accordance with applicable legislation. Changes will take effect from the time they are published on the company's website or otherwise communicated to the buyer.