Terms of sale and delivery.

1. General provisions and scope

In these general terms of sale and delivery, Viken Bærekraftig Utvikling Norge AS is referred to as «VBKU», and the buyer or client as «the Customer».

The terms apply to the sale and delivery of goods, materials, fittings, kitchens, worktops, ceramics, natural stone and other products, and to design, interior architecture, project management and trade work to the extent that these form part of the agreement.

The terms shall be made available to the Customer before the agreement is entered into and form part of the agreement once accepted by the parties.

For consumers, the terms apply subject to the limitations that follow from mandatory legislation. Depending on the nature of the delivery, this includes the Consumer Purchases Act (forbrukerkjøpsloven), the Craftsman Services Act (håndverkertjenesteloven), the Housing Construction Act (bustadoppføringslova) and the Right of Withdrawal Act (angrerettloven). No provision shall be understood as limiting rights the Customer has under mandatory law.

For sales to businesses, the Sale of Goods Act (kjøpsloven) and other relevant legislation apply, with the departures expressly stated in the agreement.

2. Contract basis and scope of delivery

The scope of the delivery is set out in the accepted quotation, contract, order confirmation, descriptions and any appendices.

In the event of conflict, the following order of priority applies unless otherwise agreed:

1. Later agreed changes and additions.
2. Signed contract with special terms.
3. Accepted quotation or order confirmation.
4. Agreed descriptions, drawings and material specifications.
5. These general terms of sale and delivery.

Mandatory legislation takes precedence over the contract documents.

For work on existing homes, VBKU normally uses the standard contract form Byggblankett 3501 where it suits the assignment. For other assignments, the contract basis is chosen according to the nature and scope of the work.

Only the services included in the contract basis are included in the price. VBKU shall clearly describe material limitations and assumptions.

3. Quotation, order and confirmation

The validity of the quotation is stated in the quotation.

Before ordering, the parties shall clarify the relevant product choices, materials, colours, surfaces, dimensions, quantities and delivery conditions.

The Customer is asked to review the order confirmation and notify VBKU as soon as possible if it does not match what was agreed. An order confirmation cannot unilaterally change an agreement already entered into.

Orders for custom-made products shall be based on a clarified and approved order basis. Any outstanding choices and clarifications shall be stated in writing.

4. Prices and pricing basis

Prices are set out in the quotation or contract. It shall be stated whether the assignment is delivered at a fixed price, according to a price estimate, on a time-and-materials basis or as a combination.

Prices to consumers are stated including VAT and other mandatory charges. For business customers, it shall be clearly stated if prices are given excluding VAT.

Transport, carrying in, cranes, scaffolding, storage, packaging and other additional costs shall be set out in the agreement if they are to be charged to the Customer.

An agreed fixed price may only be changed where there is a basis for this in the agreement or the law. Changed purchase prices or exchange rates do not in themselves give a right to increase an agreed fixed price.

For price estimates for craftsman services to consumers, the rules of the Craftsman Services Act on price estimates and any lawful price supplements apply.

Design, drawing work, site inspections and advice are only invoiced when payment for this has been agreed or follows from the law.

5. Payment and invoicing

Payment is made according to the agreed payment plan. Unless otherwise agreed, the payment deadline is 10 days from the invoice date, within the limits of applicable legislation.

For project deliveries, instalments linked to progress, completed work and delivered materials may be agreed. Any advance payment and security shall be agreed separately and comply with the law.

The invoice shall give the Customer a sufficient basis for checking the claim. Changes and additional work shall be identifiable.

In the event of late payment, VBKU may claim late-payment interest and lawful collection costs.

If the Customer disputes an invoice, the Customer is asked to state as soon as possible which amount is disputed and why. Undisputed amounts are paid when due. The Customer’s statutory right to withhold payment in the event of defects or delay applies.

6. Design, drawings and visualisations

VBKU’s responsibility for measurement, design, interior architecture, technical solutions and project management shall be set out in the agreement.

Visualisations and illustrations show an expected appearance. Colours, light, patterns and material surfaces may differ from on-screen and printed reproductions.

It shall be stated which drawings are illustrations and which are approved production or working drawings.

Production and execution shall be based on the latest agreed and approved drawings. Changes that affect price or progress are handled as changes under section 10.

Where the Customer or a third party supplies measurements or technical information, the allocation of responsibility shall be clarified. VBKU shall give notice if errors or circumstances are discovered that make the information unsuitable for the agreed delivery.

7. Materials, product choices and natural variation

Products and materials are delivered in accordance with the agreed specifications.

Natural stone, wood and other natural materials may vary in colour, structure, grain, veining and surface. Ceramics, stone and tiles may have intended variations in pattern, shade and surface within the product’s agreed properties.

Samples and display products show the character of the material but do not necessarily represent the full variation in a delivery. If a particular appearance or a particular slab is decisive, this shall be agreed and documented before production.

For tiles, relevant information on production batch, shade and calibre shall be checked. The same shade or production batch cannot be guaranteed for later supplementary orders without special agreement.

Natural variation does not mean that the Customer must accept damage, the wrong product or deviations from the agreed properties.

8. Delivery, transport and storage

The place of delivery, method of delivery and expected or binding delivery time shall be set out in the agreement.

It shall be clarified whether the delivery includes unloading, carrying in, placement, installation and removal of packaging.

The Customer shall provide information about circumstances that may affect delivery, including access, stairs, lifts, load-bearing capacity, parking and any need for special lifting equipment.

For consumer purchases, the risk for the goods passes in accordance with the Consumer Purchases Act. For business purchases, the point of delivery and transfer of risk are agreed separately. Any Incoterms shall be stated with a specific place of delivery and edition.

If the Customer cannot receive the delivery at the agreed time, VBKU shall be notified immediately. Necessary and documented additional costs for storage, new transport or handling may be claimed where there is a legal basis for this. VBKU shall limit the costs and notify the Customer.

9. Inspection on receipt and before installation

On receipt, the Customer is asked to check the number of packages, visible transport damage and whether the delivery matches the order.

Visible transport damage should be photographed and noted on the consignment note or delivery receipt. VBKU shall be notified as soon as possible.

Before installation, products and materials shall be checked for visible defects and correct dimensions, colours, surfaces and product variants.

Products with suspected defects should not be installed until the matter has been clarified. When VBKU carries out the installation, the necessary inspection is part of VBKU’s responsibility.

A missing note on receipt or completed installation does not automatically mean that a consumer loses statutory rights to make a complaint.

10. Changes and additional work

Changes in scope, choice of materials, placement, dimensions or execution shall be documented in writing.

VBKU shall state the expected effect on price and progress before the change is carried out. As a rule, the Customer shall approve the change in writing.

In the event of hidden conditions or a need for work outside the agreed scope, VBKU shall notify the Customer and clarify how to proceed.

Work necessary to prevent substantial damage or loss may be carried out without prior approval when the conditions of the law are met. The Customer shall then be informed as soon as possible.

Approved changes shall be incorporated into the project’s financial overview and progress plan.

11. The Customer’s participation and conditions at the work site

The Customer shall provide the necessary information, clarifications and product choices by the agreed deadlines.

The Customer shall provide the agreed access to the work site and remove or secure personal belongings that may be affected. Responsibility for covering, cleaning, waste handling, site power, water and storage space is clarified in the contract.

Responsibility for applications, permits and clarifications with housing cooperatives, owners’ associations or public authorities shall be set out in the agreement.

Work that the Customer carries out personally or orders directly from others shall be coordinated with VBKU if it affects progress or execution.

Delays or additional costs caused by a lack of participation are handled in accordance with the agreement and applicable law. VBKU shall give notice of the consequences and limit them as far as is reasonable.

12. Execution, trades and project management

The work shall be carried out in a professional manner, in accordance with the agreement, relevant official requirements and the manufacturers’ instructions.

Requirements under TEK17 and other relevant regulations shall be met to the extent they apply to the work. Electrical work shall be carried out by a business with the necessary registrations and in accordance with applicable regulations.

When project management is included, the Customer shall have a named contact person at VBKU.

VBKU may use qualified subcontractors and partners. VBKU is responsible to the Customer for the services VBKU has undertaken, also when they are carried out by subcontractors.

The Customer shall be informed of material deviations from the agreed execution or progress.

13. Progress and delay

Start, expected duration and any binding deadlines are set out in the contract or progress plan.

VBKU shall notify the Customer as soon as the company becomes aware of circumstances that may cause delay. The notice shall describe the cause, the expected consequences and the relevant measures.

An extension of time may be claimed where there is a basis in the agreement or the law, including for approved changes or circumstances for which the Customer is responsible.

Delays at manufacturers, carriers or subcontractors do not automatically release VBKU from liability.

The Customer’s rights in the event of delay follow from the agreement and applicable law. Any liquidated damages apply when agreed or when they follow from the law.

14. Returns, cancellation and right of withdrawal

Voluntary return of goods

Surplus ordinary stock items may be returned within 30 days of delivery when the item is unused, the packaging is unopened and undamaged, and the purchase can be documented.

This voluntary right of return does not cover sale items, special-order items or custom-made products, unless otherwise agreed.

An approved return is credited at the price actually paid. The Customer covers return transport when using the voluntary right of return.

Cancellation

Cancellation shall be notified as soon as possible and should be made in writing. The financial settlement follows from the agreement and applicable law, including rules on payment for work carried out and any compensation for loss.

Right of withdrawal

For agreements covered by the Right of Withdrawal Act, the Customer shall receive the statutory information and withdrawal form. Deadlines and conditions follow from the law.

The fact that an item is a special-order item does not in itself mean that the right of withdrawal lapses. For goods made to the Customer’s specifications or clearly personalised, the exceptions in the law may apply.

Starting services before the withdrawal period has expired requires that the conditions of the law are met.

The voluntary right of return, cancellation and the right of withdrawal are separate arrangements. None of them limits the right to complain about a defect.

15. Completion, handover and documentation

For project deliveries, a final review or handover is carried out in accordance with the contract.

Any outstanding work and registered defects are recorded in a protocol stating responsibility and a deadline for follow-up. The effects of the handover follow from the agreement and applicable law.

VBKU shall carry out the agreed quality assurance and provide relevant documentation for its own delivery, including:

• Operation and maintenance (FDV) documentation.
• Product and maintenance instructions.
• Relevant inspection and test documentation.
• Declarations of conformity where required.
• Other agreed final documentation.

The documentation is collected and quality-assured as part of the final work. Relevant home documentation is uploaded to Boligmappa.no when this is part of the assignment and the service is available for the property. Other documentation is delivered electronically.

16. Defects and complaints

The Customer shall notify VBKU of faults or defects within the deadlines that follow from applicable law and the agreement. Complaints should be sent in writing to post@vbku.no so that the matter can be documented and followed up.

The message should include name, address, order or project number, a description of the matter and relevant photographs.

For consumer purchases, a complaint must be made within a reasonable time after the defect was or should have been discovered. This deadline cannot be shorter than two months from when the defect was discovered. The absolute deadline for complaints is normally two years, or five years for goods intended to last considerably longer than two years.

For craftsman services on real property, the absolute deadline for complaints is normally five years from when the assignment was completed. The complaint must also be made within a reasonable time after the defect was or should have been discovered.

For business customers, the complaint rules of the chosen contract basis and relevant legislation apply.

The Customer shall give VBKU reasonable access to examine and, where appropriate, remedy the matter. The Customer’s other rights in the event of defects follow from the law and the agreement.

17. Liability, use and maintenance

VBKU is responsible for its own delivery in accordance with the agreement and applicable law.

The Customer shall follow the instructions provided for use, cleaning and maintenance. Damage caused by incorrect use, external influence or lack of maintenance is assessed according to the cause and the applicable rules of liability.

If VBKU considers that a matter is due to the Customer or a third party, VBKU shall give its reasons. Such matters do not release VBKU from liability for its own errors or inadequate guidance.

The Customer shall take reasonable measures to limit damage and loss and notify VBKU if there is a risk of consequential damage.

Any special limitations of liability towards business customers shall be expressly agreed. Liability for intent or gross negligence is not limited by these terms.

18. Circumstances beyond the parties’ control

Extraordinary events such as war, natural disasters, orders from the authorities, extensive fire, production stoppages or labour disputes may affect the parties’ ability to fulfil the agreement.

The affected party shall give notice without undue delay and work to limit the consequences.

Whether the event gives grounds for an extension of time, exemption from liability or other changes is decided under the agreement and applicable law. Such an event does not automatically cancel the parties’ obligations.

19. Governing law and disputes

The agreement is governed by Norwegian law, subject to mandatory choice-of-law rules.

The parties shall first attempt to resolve disagreements through dialogue and negotiation.

Consumers may bring the matter before the Norwegian Consumer Authority (Forbrukertilsynet) for mediation and, where applicable, further to the relevant complaints board when the matter is covered by the scheme.

If the matter is brought before the courts, the statutory rules on venue apply. No special venue is agreed that limits a consumer’s statutory rights.

For agreements between businesses, Oslo District Court (Oslo tingrett) is agreed as the venue, unless otherwise stated in the contract.