1. General

Protan AS' sales and delivery conditions apply to all deliveries, unless otherwise agreed in writing between Protan AS and the Buyer.

2. The product's specifications and application

Protan AS' products are delivered in accordance with the product's current specifications/product data sheet, unless otherwise agreed in writing. The buyer must familiarize himself with the product's properties and application possibilities. Before use, the Buyer must determine whether the product is suitable for the intended use, and the Buyer himself bears any risk and any responsibility in connection therewith. The buyer cannot assert as a defect that the product is not suitable for the intended use.

3. Offers and orders

Offers from Protan AS are valid for 30 days from the date of the offer, unless otherwise stated. Changes that deviate from the offer are only binding after written confirmation from Protan AS. All orders to Protan AS are confirmed with a written order confirmation. The buyer must immediately after receipt check that the order confirmation is correct and complete, and immediately inform Protan AS of any errors, omissions or misunderstandings that appear in the received order confirmation. The buyer cannot make valid claims as a result of conditions that should have been discovered and/or informed to Protan AS. If the Buyer encounters financial or liquidity difficulties, or there is a change in the Buyer's legal or financial status, Protan AS reserves the right to cancel concluded contracts or demand guarantees before delivery or further deliveries take place. In the case of ready-made deliveries, the Buyer cannot cancel the order after production has started.

4. Prices

All orders are confirmed at the company's normal selling prices according to the current price list, unless otherwise agreed in writing. Protan AS reserves the right to change agreed prices in accordance with changes in statutory duties and taxes, raw material costs, exchange rates, insurance or other circumstances beyond Protan AS' control. All prices are exclusive of VAT.

5. Delivery conditions

All deliveries take place Ex works Protan AS' place of dispatch (INCOterms 2020) unless otherwise agreed in writing between Protan AS and the Buyer. The buyer must examine the item(s) upon receipt. Any deviations in relation to the order confirmation must be notified to Protan AS immediately. The consignee must indicate damage or shortages on the consignment note before receipt of receipt. The buyer cannot make valid claims as a result of deviations that should have been discovered during the investigation and/or notified to Protan AS. Unless otherwise agreed in writing, delivery of the goods will take place within a reasonable time, taking into account Protan AS' current delivery capacity at all times, after issuing the order confirmation.

6. Terms of payment

Unless otherwise agreed in writing, Protan AS' payment terms are net per 15 days from invoice date. In the case of payment after the due date, late payment interest is calculated in accordance with the rate applicable at any time, established pursuant to the Act on interest in the event of late payment. The goods remain the property of Protan AS until they have been paid in full and until a sale lien is placed on its goods according to agreement with the customer. This appears on the invoice.

7. Delay

If the delivery time is not agreed in writing, Protan AS is not responsible for delay. Protan AS is not responsible for delays caused by fire, strike, lockout or other circumstances beyond Protan AS' control. In order for liability to be asserted, a written, justified complaint must be made immediately and no later than 8 days after delivery. Protan AS' liability for compensation in the event of a justified complaint is limited to the invoice value of the relevant delivery. The total responsibility for delays and defects is correspondingly limited to the invoice value of the relevant delivery. The aforementioned also applies in the event of cancellation. Protan AS is under no circumstances responsible for indirect damage or loss.

8. Missing

Any defects or errors in the delivered products must be reported to Protan AS in writing immediately and at the latest within 8 days after the defect was or should have been discovered. Shortages or errors that are notified to Protan AS later than 1 year from delivery cannot be invoked under any circumstances. The buyer cannot make a claim as a result of a defect or error unless the goods have been paid for in full. Any return deliveries must be agreed in advance in writing. Protan AS' liability for compensation, including price reduction, in the event of a justified complaint is limited to the invoice value of the relevant delivery. The total responsibility for defects and delays is correspondingly limited to the invoice value of the relevant delivery. The aforementioned also applies in the event of cancellation.

Return of item(s): Read our current rules for complaints and returns of items here

9. Force majeure

Unforeseen and unforeseeable obstacles to the fulfillment of the agreement give Protan AS the right to fully or partially cancel the agreement or extend the delivery time in relation to the nature and duration of the obstacle. Cancellation of the agreement or extended delivery time entails no liability for damages for Protan AS. Protan AS is obliged to notify the Buyer of such obstacles.

10. Disputes

This agreement and each order shall be subject to and interpreted in accordance with Norwegian law. Any dispute in connection with the agreement and/or an order shall be settled by arbitration in Drammen in accordance with the Norwegian Arbitration Act.

Updated date: 04.05.2021. Issue no: 8