General Terms of Sale
Scope of application
These General Terms of Sale (hereinafter referred to as the ”Terms”) shall be applied to the sale and supply of products between Väinö Korpinen Oy (hereinafter referred to as the ”Seller”) and the customer (hereinafter referred to as the ”Buyer”), unless the parties have otherwise agreed in writing.
These Terms will become part of a contract whenever they are referred to in a Seller’s offer or in an order confirmation or when they are otherwise incorporated to the contract or supply of Products (”Contract”). These Terms are available free of charge at the Seller’s website www.korpinen.com and also at the Seller’s place of business.
These Terms remain effective until further notice. The Seller has the right to modify these Terms by publishing new General Terms of Sale at their website. The Terms that are in force at the time of the confirmation of the Buyer’s order will apply to the supply of Products.
Prices for the Products are according to the Seller’s price list effective on the date of delivery of Products. Prices do not include any value-added tax (VAT), other taxes, duties, levies or fees. All taxes, duties, levies and fees shall be added to the price in accordance with the applicable legislation and invoiced from the Buyer.
Additional costs (VAT 0 %):
- small order fee 50 € for orders under 100 €
- pick-up from the warehouse 6 €
- confirmation call to customer prior to delivery 5 €
- exact time schedule for delivery 40 €
- specified collections and packing with a separate offer
- cost of storage in case of postponed delivery with a separate offer
The Buyer shall submit a legally binding order in writing to the Seller. The Buyer’s order becomes binding on Seller, once Seller has confirmed the delivery date of order in writing.
Unless otherwise agreed in writing, the delivery term for Products is freely available at the Seller’s warehouse in Vantaa, Finland (Ex Works, Incoterms 2010). Seller has the right to charge Buyer for possible delivery and packaging expenses.
If Seller is unable to deliver Products on the agreed delivery time, Seller shall immediately notify Buyer of the delay. If a delay in delivery due to reasons attributable to Seller causes considerable expenses or substantial inconvenience to Buyer, the Buyer has the right to cancel the delayed products, when the delay has lasted for more than sixty (60) days from the agreed delivery date.
If Buyer has not without delay notified Seller in writing of exercising its right of cancellation, Seller has the right to postpone the delayed delivery for a period considered reasonable in the circumstances. Seller assumes no liability for delay or cancellation of delivery.
Inspection and approval of the shipment
Buyer shall report faulty shipments and products to Seller’s customer service ([email protected]) without delay, latest within seven (7) days, except for reclamations regarding delivery damage within three (3) days from the date of receiving delivery. Logistics provider nor Seller will not accept any reclamations unless reported to Seller in beforementioned time.
The Buyer shall inspect the shipment of Products when reiceiving shipment. The scope of the inspection shall include at least checking for the Product type and model, quantity, and visible damage. The shipment is deemed accepted by the Buyer in case the Seller has not in beforementioned time received the Buyer’s written reclamation specifying the faults in the shipment in detail.
Provided that the Buyer has notified Seller in accordance with the aforesaid and the faulty delivery is attributable to a reason for which Seller is responsible, the Seller will at its discretion, either remedy the faulty delivery within a reasonable time from the Buyer’s notice or refund the purchase price paid for the faulty part of the delivery. These obligations constitute Seller’s sole and exclusive liability for any faulty shipment.
Product returns are accepted in a case of a delivery error or an incorrect product shipped by Korpinen, in which case the return is free of charge. A return confirmation number is provided from Korpinen customer service for making the return possible. The return has to take place within fourteen (14) days from issuing the return number or it will expire. Only undamaged products in their good condition original packaging are accepted for return. Special ordered and clearance products have no return or exchange right.
The Buyer shall pay the purchase price and possible delivery costs and other expenses (hereinafter referred to as “Purchase Price”) in total in advance. If the Buyer has been accepted as a “credit customer”, the payment term for the Purchase Price is fourteen (14) days from the date of invoice, unless otherwise notified by the Seller in writing. The Seller has the right to decide whether Buyer is accepted as credit customer or not. Being accepted as credit customer requires amongst other things, that Buyers creditworthiness and payment history are on acceptable level. In example this could mean a positive credit decision from an external credit insurance provider used by Seller and that Buyer does not have previous payment delays. If Buyer is accepted as credit customer, it is valid for an order at a time. The Seller issues an invoice on or after the delivery date of the Products. The payment is effected when the Seller has irrevocably received the Purchase Price to its bank account. If the Buyer is in delay with any payment, the Buyer shall pay an annual delay interest for the delayed payment from the due date to the date of payment, at the rate of eight percent (8%) over the reference interest rate published by the European Central Bank. Inaddition to the late payment interest the Seller has the right to charge reasonable collection costs it has incurred from the Buyer. If the Buyer fails to collect the Products on the agreed time due to reasons attributable to the Buyer, the Seller has the right to charge from the Buyer the costs for storing the Products and other additional expenses incurred. If the Buyer is in delay with any payment, the Seller has the right to refrain from all deliveries to the Buyer until all unpaid and due payments with interest have been paid. Time of delivery shall thus be extended accordingly, and the Buyer shall have no right to any demands due to extension of delivery time or any right to cancel the respective order.
Transfer and risk of title
The title to the Products shall transfer to the Buyer, once the Buyer has paid the Purchase Price and effected its other possible payment obligations related to the supply of Products. The risk of loss or damage to the Products shall transfer once the Product has been placed for the Buyer’s disposal in accordance with the agreed delivery term.
The Seller warrants for the separately mentioned warranty periods that the Products are at the time of delivery free from physical defects in material or workmanship. The warranty period commences from the date of delivery in accordance with the agreed delivery term, unless otherwise agreed in writing.
The warranty is valid only if the Product has been used with due care and in accordance with the instructions for use and for the originally intended purpose of use under proper conditions.
The warranty defined herein shall not extend to any defects which are attributable to:
a) improper installation, non-compliance with the installation instructions, faulty use, neglecting the required service or maintenance or other omissions by the Buyer;
b) an unexpected and unforeseen cause or event, such as vandalism, accident, natural forces or acts of animals;
c) power supply conditions, such as overvoltage, power surges, inapplicable guidance systems, other devices causing disturbances; or
d) normal wear and tear.
The Seller disclaims the liability in case a party not authorized by the Seller maintains, repairs or in some other way modifies the Product or its features. The Buyer or end customer shall immediately notify the Seller of a defect recovered in a Product during the warranty period and deliver the defective Product to Seller’ authorized service depot.
If the defective Product is eligible for the warranty service, the Seller shall at its discretion either:
a) repair the defect within a reasonable period of time and deliver the repaired Product to the Buyer;
b) replace the defective Product with equivalent product; or
c) refund the price originally paid for the defective Product, once received back the defective Product.
The Seller shall not be liable for the cost of exchanging the defective Product with a repaired or replacement Product, nor the costs of transportation.
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