Terms and conditions
These Terms and Conditions apply between the Customer and MB Nordfixus (Supplier), as part of the agreement between the parties, for the delivery and assembly of all products Nordfixus produces and delivers. The Customer is obliged to familiarise himself with these terms and conditions.
Introduction and key words
“Contract” means a contract for services of the Supplier made between the Supplier and the Customer to which these conditions are stated to apply. "Customer” means the person, firm or company who enters into a contract with the Supplier. “Goods” means the products, components and/or systems as expressly detailed within the order acknowledgment as signed. "Supplier” means MB Nordfixus. “Works” means the goods and installation services as performed in respect of this Contract.
Unless otherwise agreed, the following documents are included in the contract, and in the event of any conflict between the documents, the ranking is:
2.1. The contract for the specific project, if such document is created.
2.2. Change confirmation.
2.3. Order confirmation from Supplier.
2.4. The general terms and conditions.
2.5. The Customer’s written order.
2.6. The written offer from Supplier.
2.7. The tender or basis of competition.
The item must at the time of delivery meet the requirements set out in the contract documents in sections 2.1-2.7.Unless otherwise specified, the goods are manufactured to the Customer's stated specifications, details and dimensions. If quality requirements are not specified, the product is offered with quality requirements that the Supplier considers common for construction products used for similar purposes. The Customer bears the risk of the consequences of errors in the specified specifications, details and dimensions.
Quotation and Order Confirmation
All orders must be in writing and confirmed with order confirmation from the Supplier. Electronic ordering and ordering by email can also be considered in writing. If an order is placed before all specifications, details and dimensions of the products have been clarified, or if the specifications, details and dimensions are changed after the order has been made, changes in the delivery date and unit prices must be expected. The Customer is obliged to review the order confirmation from the Supplier and immediately inform if anything is unclear or wrong. The order confirmation is considered final if it is not reviewed within 2 business days after it is received.
The item must be delivered according to the price stated in the contract for the specific project or order confirmation. Costs for transport, will be invoiced, unless otherwise agreed in the contract document or order confirmation. All unit prices are stated in British Pounds (GBP), excluding VAT. An offer is valid for 30 days from the offer date unless otherwise stated. The offer is waived unless a written order is made within the time limit for the offer. Prices are subject to change immediately upon material price increases and currency fluctuations.
Delivery charges will apply to the Buyer in relation to the type of delivery the Buyer wishes to purchase. The goods are delivered on the ground at the agreed delivery address and the Customer assumes the risk and responsibility for the goods when placed at the agreed address. The Customer is responsible for ensuring that there is an access road from the public road to the agreed delivery address so that trucks safely can arrive at the agreed delivery address. The Customer must ensure that the conditions at the delivery address are arranged so that the delivery can be carried out in a safe and secure manner. Warehouse rental and failed delivery. Any warehouse rental with the carrier/agent due to delivery problems will be invoiced the Customer unless it is caused by the Supplier. The same terms and conditions also apply in the case of failed deliveries.6.4.
Change of delivery time from factory
Delivery times from the factory can be changed if the Customer does not provide necessary assistance or fulfills his responsibilities. This may be in the case of wrong/delayed information that is necessary for starting the production. The delivery time can also be changed if the Supplier is hit by an obstacle beyond his control, which he could not reasonably expect to have taken into account at the time of the agreement, avoided or overcome the consequences of. This includes delays from subcontractors, production failures, transport damages or force majeure. Delivery times from the factory can also be changed if the parties agree, cf. section
The Customer has no right to postpone the delivery date from the factory, change or cancel all or part of the delivery. Any acceptance of cancellation can only be made against compensation of the Supplier's loss.In the event of changes, the Supplier has the right to demand increased remuneration, including an increase in unit prices. This also applies in the event of delays or non-participation due to the Customer or conditions for which he is responsible. If the Supplier has to pay delay or cancellation compensation to its subcontractor, the Customer is responsible for this.When requesting a change, the Supplier must inform the Customer as soon as possible whether the change can be complied with and what the consequences this entails in terms of price, time of delivery and other conditions. If the Customer wants the change to be implemented, the Supplier must confirm the change (change confirmation).
Inspection and Delivery Receipt
The Customer is obliged to inspect the goods as soon as they are delivered. The inspection must include the quantity and quality delivered, including any visible damage. Any damage or defect shall be written on the consignment note and promptly notified to the Supplier before the product is assembled or otherwise put into service. For larger deliveries, the Supplier may require the Customer to acknowledge that the goods are in conformity to the agreement, or undertake a joint inspection.
There is a deficiency if the goods do not have the quality the Customer is entitled to under the agreement, and this is due to conditions for which the Supplier is responsible. All damage/consequential damage caused by improper use, incorrect installation, incorrect storage and/or lack of maintenance is not a deficiency, and there is no claim right. The following conditions are not usually considered a deficiency: Paint wear. Black mold on products with transparent surface treatments. Transparent surface treatments in combination with high humidity increase the risk of mold. Minor deviations in the glass colour due to light and UV radiation. Glass with different functional requirements or with different thicknesses and structures can give different reflections. According to Section 8 (Inspection and Delivery Receipt), visible defects and damages shall be written on the consignment note upon receipt, by both the driver and the Customer in order for them to be entitled to claim. The Customer loses his right to make a claim if he does not within a reasonable time and no later than 8 business days after he has discovered or should have discovered it informs the Supplier about the defect in question. All claims must be made in writing and on the Supplier's claim form. The Customer is obliged to assist the Supplier in the complaint handling. In the event of defects, the Supplier shall, at the Supplier's choice, rectify the defect free of charge or deliver new goods to the original place of delivery. Disassembly/installation and transport costs are only covered if the Supplier has carried out the installation, and only if the costs will not be disproportionately high in relation to what is achieved. The Customer is not entitled to cover his repair costs unless this has been accepted in writing by the Supplier. Supplied locks, door pumps, fittings, etc. are considered defective if the Supplier accepts a complaint from its subcontractor. In such situations, the Customer will be billed for, and later sent a credit note if the Supplier receives a credit note from its subcontractor. In the event of such defects, the Customer must cover transport and disassembly/installation regardless. The Supplier is not under any circumstances responsible for damage (scratches, dents, surface damage, glass breakage, etc.) that occurs during or immediately after installation and this is not due to the Supplier or his subcontractors. Any changes and damages caused by movements in the building or building materials supplied by others are also outside the Supplier's responsibility. The Customer can only raise and/or claim compensation for defects if the Supplier has shown gross negligence (guilt) or willful intent. In this case, the compensation is limited to the cost of delivering new goods. The Supplier has no liability beyond what is described in point 9. This applies to any loss that the defect may cause, such as loss of operation, lost profits, delays and other financial losses. If the Supplier conducts investigations and corrections and it subsequently becomes clear that the claim does not constitute a defect, the Customer will be billed according to the current price list and elapsed time. The Supplier is only liable for indirect losses if the Supplier has acted intentionally or grossly negligent. Customer is fully liable for the direct and indirect losses, including lost profits the Supplier suffers as a result.
The Customer must be notified immediately if the Supplier becomes aware that the delivery from the factory cannot take place at the agreed time. The Supplier shall also, if possible, at the same time provide the Customer with information on a new delivery date from the factory. The Customer loses his right to claim due to a delay if he does not do so in writing within a reasonable time, and no later than 8 business days, after the delay is notified.The Customer can only claim delay damages if the Supplier has shown gross negligence (guilt) or willful intent. The Customer can cancel the contract if the goods no longer fulfill their intended use and the delay lasts more than 30 working days (from the stated delivery date). The Supplier is not liable for delays beyond what is described in section 10. This applies to any loss the delay may cause, such as loss of profits, delays and other financial losses. This limitation of the Supplier's liability does not apply if he has shown gross negligence.
The Supplier has the right to use subcontractors.
The Supplier has a right of recourse to the Customer in the event of any claims by the Customer's end customer, which the Supplier according to the contract between Customer and Supplier is not responsible for. The Supplier also has a right of recourse for any direct claims from the injured party under the Product Liability Act. The Supplier shall notify the Customer in a timely manner before the Customer's end customer or injured party's claims are met.
Terms of Payment
All the payments has to be made up front unless otherwise agreed. A deposit of 50% of the total value of the quotation, inclusive of VAT, transport and fitting (if required), of the Goods (the “Deposit”) will be made at the time the Sales Contract is signed according to Quotation [Number] attached to the Sales Contract. If part deliveries are agreed, the Supplier may invoice for each part delivery. In case of late payment, the interest rate is accrued in accordance with current legislation.The Supplier is the legal owner of the goods until the entire purchase price, including interests, warehouse costs and other costs are fully paid. The Customer’s credit rating must be approved before the goods are put into production.
Confidentiality, Privacy and References
The parties have a duty of confidentiality regarding information that arises in connection with the execution of the contract. Information shall not be made available to outsiders without the written consent of the other party. Drawings and other technical documents issued by one of the parties shall be used only by the other party for the purpose of the agreement, and may only be given to others when this is necessary for fulfilling the contract. The Supplier has the right to send out newsletters via email.The Customer can opt-out of further newsletters by following the link at the bottom of our emails, or by contacting us directly. The Supplier has the right to use the Customer and the project as a reference.
These conditions shall be governed and construed and shall take effect in accordance with National Laws and the parties submit to the exclusive jurisdiction of the Courts of the respective country.
Reference needs to be made to each individual Sales Contract in relation to specific terms and conditions applicable to the Buyer’s quotation. The terms and conditions set out in this document must be read in conjunction with the quotation and the Sales Contract before the Buyer enters into a contract with the Seller.