General Terms and Conditions

function Technology AS (fT)

§ 1. General

  1. All offers, supplies and deliverables are exclusively based on these Terms and Conditions.

These Terms and Conditions are part of all contracts concluded between fT and the ordering party, if not otherwise is alleged in writing. Older terms and conditions are hereby invalid.

  1. These Terms and Conditions also apply to all future offers, supplies and deliverables to the ordering party, even if not agreed again on a separate basis.

§ 2. Offers and Contract Conclusion

  1. Offers are provisional and non-binding. In order to become effective, all contracts regarding supplies and deliverables, including special agreements and legally important statements, must be in writing and/or confirmed by fT by email. This also applies to supplement and changes.
  2. FT reserves the ownership title or copyright for submitted offers, quotations and drawings, calculations, descriptions and models made available to the ordering party. The ordering party must not use, copy and make these objects available to/or inform third parties without FT exclusive agreement. The ordering party shall return such objects to fT upon request, without keeping any copies thereof.

§3. Prices

  1. Prices apply to the supplies and deliverables scope named in the order confirmation. Extra and special work shall be invoiced separately.
  2. All prices are quoted in EURO, ex. VAT, environmental fees, shipping and other taxes. fT reserves the right to change prices as due to changes in retail prices, currency fluctuations or changes in regulatory fees.
  3. The ordering party bears the packaging and dispatch costs. If the order value is less than €1000(excl. VAT), a small quantity surcharge of €25 can be levied by the fT.
  4. The return of delivered defect-free objects is possible only if fT has agreed in writing with the return before returning the objects. The agreement with the return is always on the condition that the goods are in their original packaging, free of damage and merchantable. For goods returned from orders performed free of error, fT holds the right to claim a fee of 20% of the sales price. Delivered defect-free objects sent back without fT’s agreement and objects not packed in their original packaging, damaged or in a non-merchantable condition remain sold and shall be paid for by the ordering party. fT can always return these goods at the expense of the ordering party.

§4. Periods, Dates, Withdrawal, Transfer of Risks

  1. Delivery periods and dates, including fulfillment periods and dates, are always approximate unless a fixed period and/or deadline has been agreed. As soon as the dispatch has been agreed, the delivery periods and dates apply to the moment of the handover of the goods to the shipper, carrier or other persons and companies authorized for transportation. Otherwise, it is the timely dispatch readiness, as long as told to the ordering party, that is sufficient for meeting delivery periods and dates.
  2. The ordering party shall, upon request, provide evidence for fT that no legal barriers in the ordering party’s sphere of influence hamper the delivery. fT is entitled to retain the delivery affected by such hindrance until due evidence has been provided. Should the ordering party fail to submit such evidence within a reasonable period of time, as agreed, fT can withdraw, in part or entirely, from the contract due to the still uncompleted part of the order.
  3. In the event of force majeure and other hampering events that could not be foreseen at the moment of contract conclusion (e.g. operating failures of all sorts, difficulties in material and/or energy purchases, transportation delays, strikes, lock-outs, labour, energy and raw material shortages, measures of authorities) beyond fT’s sphere of influence that make the delivery substantially more difficult or impossible for fT, fT is entitled to withdraw from the contract, if the duration of such hindrance is not temporary only. With hindrances of a temporary duration, the delivery periods and dates shall be extended or postponed by the duration period of the hindrance plus a reasonable start-up period. This also applies when fT has not received a delivery from other suppliers or if such delivery was incorrect or late. If the ordering party is not able to take over the delivery or deliverable due to the delay, the ordering party can withdraw from the contract with fT based on a written statement with immediate effect. Damage compensation claims are not applicable in these cases. This regulation applies accordingly in case of difficulties with authorities granting the necessary permits, e.g. import licences or permits, in spite of whether it would have been possible for fT to recognize such difficulties already by contract conclusion.
  4. Normal greater or lesser deliveries are permitted. Also practicable partial supplies are permitted. Every partial supply is considered a separate transaction.
  5. The risk passes to the ordering party with the handover of the delivery subject to the shipper, carrier and/or a person or company authorized with the transportation at the latest. This also applies for partial supplies. In the case of a delay with the handover or dispatch due to circumstances, the cause of which is attributed to the ordering party, the risk passes to the ordering party on the day of dispatch readiness.
  6. The goods are insured against damage in transport at fT’s cost.

§5. Warranty, Notification Duty

  1. Objects delivered by fT shall be checked thoroughly and without delay for defects, compliance with the order and completeness upon delivery to the ordering party or to a third party defined by the ordering party. They are regarded as approved unless a written claim has been received by fT or sent email to fT without delay or within ten days of delivery of the delivery subject and/or within ten days of identifying the defect, if the defect was not obvious in an immediate, thorough check. The claimed part of the delivery subject shall be sent back to fT at fT’s request free of transportation fees. For qualified claims, fT shall reimburse the costs of the cheapest transportation method. This does not apply to costs increased because of the purchased item being used upon delivery to a different place than the place of residence or the commercial branch office of the receiver unless the usage complies with the designated use of the item.
  2. In the case of defects on supplied objects, fT can choose, within a reasonable period of time, the removal of the defect or the delivery of a defect-free item instead of withdrawal or discount.
  3. All warranty claims expire one year after delivery of the goods.
  4. The legal warranty regulations are applied for end consumers.

§6. Reservation of Ownership

  1. fT reserves the title of ownership to all supplied goods (goods subject to retention of title) until the ordering party has paid the purchase price for the goods delivered and met all existing payment obligations arising from the business relationship.

§7. Payment Terms

  1. Invoice amounts shall be paid to fT within 30 days from the invoice date excluding deductions. If the ordering party is late with a payment a 12,5 % interest rate, p.a., applies to the claim for the delay period.
  2. If, after contract conclusion, circumstances arise that limit substantially the credibility of the ordering party, fT is entitled to make outstanding supplies or fulfill deliverables only against an advance payment or security.

§8. Other Provisions

  1. The court of jurisdiction for all disputes stemming from the business transaction is the fT’s registered office.
  2. The business transaction is subject exclusively to Norwegian law.