The contract consists of these Sales Conditions, information given in the ordering solution, and any specially agreed conditions. In the event of a conflict between pieces of information, precedence goes to what has been specially agreed between the parties, if this does not conflict with mandatory legislation.
In addition, the contract will be complemented by relevant statutory provisions that regulate the purchase of goods between B2B; Norwegian Sale of Goods Act.
The seller is Tundra Drone AS, Suomaluodda 44, N-9520 Kautokeino, Norway, firstname.lastname@example.org, organization number 925 465 542 MVA, and is designated in the following as the Seller.
The purchaser is the company, identified by the company’s name and email address, it is ordered on behalf of, and is designated in the following as the Purchaser. The seller presupposes that the person placing the order on behalf of a company has the mandate and authority to do so. The seller cannot be held liable if this is not the case.
3. CONCLUSION OF CONTRACT
The contract is binding for both parties as soon as the Purchaser has sent the order to the Seller.
However, a party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.
The stated price for the good and services is the total price to be paid by the Purchaser. This price includes all taxes and additional costs charged by the seller.
International orders are delivered with the use of Incoterms DAP. This means that additional external charges related to customs taxes or duties may apply for the Purchaser. We cannot guarantee that you will or will not be charged any customs taxes or duties. Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. This applies only to International orders.
The Purchaser shall not be charged for any further costs of which the Seller has not informed the Purchaser before the purchase.
The Seller may charge the Purchaser for the good from the time the order is placed by the Purchaser.
If the Purchaser uses a credit or debit card to make the payment, the Seller may charge the card when the order is placed.
Delivery has occurred once the Purchaser or his representative has taken possession of the goods. The risk of the goods passes to the Purchaser at the same time as the product is delivered.
If the delivery time is not stated in the ordering solution, the Seller shall deliver the good to the Purchaser within a reasonable time frame and no later than 90 days after receiving the payment for the order from the Purchaser. The good shall be delivered to the Purchaser unless other, special arrangements are made between the parties.
When The Product is delivered, The Purchaser must examine The Product in order to discover any defects. If The Purchaser discover any errors or defects, the Purchaser must immediately notify the Seller.
7. DELAY AND NON-DELIVERY
The Seller shall always try to deliver the product at the agreed time. If the product cannot be delivered at the agreed time due to unexpected delays, Seller shall contact Purchaser immediately. In such cases, the Purchaser cannot claim financial compensation as a result of the delay.
If the seller is unable to deliver the product within three months after the order has been sent to the Seller, the rights and obligations under this agreement shall be waived. Neither party is entitled to financial compensation in such case.
8. DEFECTIVE GOODS AND WARRANTY PERIOD
The products are sold with a 12-month warranty period for defects, unless otherwise agreed. Notification regarding defective goods must be given to the Seller in writing.
The Seller reserves the right to remedy any defects or make a replacement.
If the Purchaser, on his own initiative, takes measures to remedy the defect in addition to what may have been agreed with the Seller, the Seller shall not pay these expenses.
All returns/reclamations must be approved by the Seller. The Purchaser is obliged to return the goods properly to the Seller in the event of a complaint.
9. SELLER’S RIGHTS IN CASE OF PURCHASER’S BREACH OF CONTRACT
If the Purchaser does not pay or otherwise fulfil his duties according to the contract and/or the law, and this is not due to the Seller or to conditions on the part of the Seller, the Seller may, withhold the good, demand performance of the contract, terminate the contract and demand compensation from the Purchaser, according to the relevant circumstances. The Seller may also, according to the relevant circumstances, charge interest for late payment, a collection fee and a reasonable fee for uncollected goods.
If the Purchaser does not pay, the Seller may affirm the purchase and demand that the Purchaser pay the purchase sum. If the good is not delivered, the Seller will lose its right if it takes an unreasonably long time to make the claim.
Upon significant non-payment breach or any other significant breach by the Purchaser, the Seller may terminate the contract. However, the Seller may not terminate the contract after the purchase sum has been paid. The Seller may also terminate the purchase if the Purchaser does not pay within a reasonable additional time frame for fulfilment set by the Seller.
Interest relating to late payment/collection fee
If the Purchaser does not pay the purchase sum specified in the contract, the Seller may charge interest on the purchase sum according to the Act Relating to Interest on Overdue Payments. In cases where payment is not made, the debt may be sent for collection after a warning has been issued, and the Purchaser may then be held responsible for fees according to the Act relating to Debt Collection and Other Debt Recovery.
Fees for uncollected, non-prepaid items
If the Purchaser fails to collect unpaid goods, the Seller may charge the Purchaser a fee. The fee shall at maximum cover the Seller’s actual expenses for delivering the good to the Purchaser. Purchasers under 18 years of age cannot be charged this fee.
9. USE AND CARE OF THE PRODUCT – CUSTOMER RESPONSIBILITY
The Customer shall only use the Product as the Product is normally used.
Drones or unmanned aerial vehicle (UAV) (hereafter drone) mounted with Product from the Seller shall only be used in accordance with the regulations for drone flying in the country in which the Customer operates. The Customer must ensure that the drone, where the Product is mounted, is insured at all times with statutory liability insurance, if required by national law in the country where operating the drone.
The Customer understands that the use of a Product from the Seller on drones may entail a higher risk due to the fact that mounting of additional drone equipment on the drone may affect the performance of the drone itself, in both short and long term. It is therefore recommended that the Customer performs more frequent maintenance of the drone than the drone manufacturer’s recommendations, to ensure that performance is not reduced. Furthermore, additional drone equipment mounted to the drone may increase the likelihood that weather and other conditions may affect the drone´s flight characteristics. The Customer understands that this constitutes conditions that the Customer must be especially careful with when flying the drone. The Customer must read and understand the user manuals for both the drone and the Product from the Seller before the Product is used, and then carry out their own training with these in a calm, delimited and safe area, before the Customer takes the Product from the Seller into ordinary use.
Negligent use of drones with mounted drone equipment may lead to crashes, accidents or other dangers to the environment and people. If an incident as mentioned causes damage or death to people and animals, or damage to buildings, other physical objects or surroundings, and/or economic loss or damage, the Customer agrees that the Customer cannot hold the Seller liable for damages, and the Customer waives the right to pursue the Seller via legal action in any country. Should claims be made against the Seller as a result of damage or loss that occurs when the Product is used by the Customer, or for breach of public and private regulations and permits, the Customer is obliged to indemnify the Seller. This also applies if the damage occurs to a third party.
10. PERSONAL DATA
11. GOVERNING LAW AND JURISDICTION
Any dispute arising out of or in connection with these terms and conditions shall be determined exclusively by the courts of Indre Finnmark District Court in Norway.
These terms and conditions shall be governed by the laws of Norway.