Conditions of sale and delivery at Ellco Etikett Trykk AS
The following conditions shall only apply if they are made part of the agreement and anything else not expressly agreed in writing.
1 Offer and agreement
1.1 All offers are binding for two months from the date of the offer.
1.2 A binding contract is considered concluded when the customer’s acceptance is received by Ellco Etikett Trykk AS (hereby Ellco). In cases where the commission is agreed without there being an offer from Ellco, consider binding agreement made when Ellco has issued an order confirmation on the basis of the verbal conversation.
1.3 For periodic work without a contracted termination date, the termination period will be three months for monthly, quarterly and annual delivery.
2.1 The price is always given excl. VAT. By billing the VAT is stated separately. If the delivery is entitled to exemption from VAT, the customer must document this to Ellco before order confirmation.
2.2 Shipping costs are not included in the price unless it is explicitly agreed.
2.3 If the price is quoted in currencies other than NOK, either party may request value adjustment for exchange rate differences of more than +/- two percentage calculated from the date of the offer until payment is made.
2.4 Prices and delivery times are not binding where additional work or additional costs result from
• the data is incomplete and/or inadequate
• the data from the client is sent/delivered Ellco later than agreed
• changes or additions in the delivery after the contract being signed
• additional costs for materials/commodities that are specifically purchased for an order and which are superfluous because the customer changes his order after the agreement is signed.
2.5 When artwork is fully or partly delivered in digital form, it must fulfill the technical specifications agreed between the parties. If not, the price and the delivery schedule is not binding.
When price is given on the basis of a readymade high-resolution document, it is assumed that the customer has checked the document. Fixing mistakes in the document is recorded as additional work and billed in addition to the agreed price.
2.6 When Ellco receives a high-resolution document and proofs are made for control/quality assurance, the proof shall be created by Ellco and approved by the client. There is no guarantee of similarity between proof and end result on uncoated paper and/or colored paper.
2.7 If the customer is present at the print start, it is the approved and signed proof that is to be used as a control basis. If any changes have to be made, except color similarities on the proofs, the customer must pay for time and materials spent. The same applies to other changes from the approved proofs.
2.8 Extensive work in conjunction with request for cost estimates, preparation of sketches, drawings, drafts or sample works carried out at the request is entitled to compensation unless otherwise agreed.
3.1 The customer is responsible for the legality to reproduce, duplicate or publish writing, pictures, drawings or other material.
3.2 If Ellco through the engagement has made drawings, text, photographs, sketches, drafts, sample work and similar, they retain the copyright to this. The Customer is not entitled to use the copyrighted artwork in other publications or in other contexts than that the copyright was prepared for.
3.3 As good practice indicates, the author has the right to be named. This applies both to the original work and the works reproduced.
4.1 If the agreed delivery time is not respected, there is delay.
4.2 Unless otherwise expressly agreed, all deliveries are Ex Works.
4.3 Ellco shall without undue delay notify the client of conditions that result in delays of delivery. This applies to both delay caused by technical problems and delays caused by incomplete work basis or change in assignment after the work was initiated.
4.4 Ellco shall in a satisfactory manner keep the approved document for 12 months after delivery has occurred, unless otherwise agreed. ref. Clause 11.
5 Deviant Volumes
5.1 Ellco undertakes to deliver the ordered volume. A deviation of up to plus / minus ten percent must be accepted unless the customer in writing has specified an exact quantity to be delivered.
5.2 Overproduced volumes beyond the limit in the previous paragraph, can be delivered and invoiced by appointment.
6.1 The delivery has faults if quality or other characteristics as well as volume, differ from what is agreed upon by the parties or these standard rules.
6.2 As errors are not considered:
• errors that the customer has not in writing corrected when given correction document or proof.
• sleight colour deviation from approved print-correction, pdf-correction or proof.
• sleight deviation from the specifications agreed upon.
• faults or errors which can be traced back to materials provided by the customer himself.
6.3 Ellco has the right and obligation to remedy a fault if this can be done within a reasonable time.
7.1 Any complaint must be made without undue delay and no later than 14 days from receipt of the goods.
8.1 The payment shall be made within 14 days from invoice date unless otherwise agreed.
8.2 It accrues interest from the due date.
8.3 Ellco request that the customer is at any time obliged to provide a bank guarantee as security for payment. If the request is made after signing the agreement, Ellco will be carrying the expenses with bank guarantee.
8.4 For assignments that have a delivery of over 30 days, Ellco is entitled to an A-account payment.
8.5 Is the customer responsible for or the reason why an agreement can not be implemented continuously, Ellco is eligible for partial billing.
8.6 As security for proper payment is Ellco entitled to retain all customer property that is in Ellco’s possession.
9 Force majeure
9.1 An extraordinary situation that by legal principles can be characterized as force majeure can be invoked by the affected party. This means that there will not be a breach of obligations under the agreement as long as the force majeure situation lasts.
9.2 If completion of the agreement is hindered and made difficult by a force majeure event, the parties’ obligations are suspended as long as these circumstances last.
9.3 A force majeure event shall not entail that the agreement will lapse unless the parties agree. Either party may, however, terminate the agreement with one month’s notice if the force majeure case makes it particularly burdensome for the person concerned to uphold the agreement. Accrued expenses are covered.
10 Consequences of breach of contract by Ellco
10.1 Cancellation and compensation
If Ellco’s at fault that the delivery time will be significantly exceeded, the customer can claim compensation under general principles of contract law, possibly cancel the purchase.
If a complaint is made in due time of a fault of such a nature that the delivered product can not be used for their intended purpose, and remedy in Section 6.3 is not possible, the customer can cancel the purchase.
Any compensation is limited to the agreed price for the current order, excl. VAT. The customer can in no case claim compensation for indirect losses. Indirect losses include, i.a. the customer’s loss of profits of any kind, loss due to business interruption, loss of use and third party claims.
If cancellation, there will be no compensation.
11.1 Physical original material supplied by the customer will not be returned to the client unless otherwise agreed. If the material is used directly in the production process, there might be accruing cost in connection with the return. These costs are covered by the customer unless otherwise agreed.
11.2 Suggestions, sketches, drawings, original materials, management programs, assemblies and reproduction and print media which are prepared by Ellco, is Ellco property and can not be demanded by the customer if this is not agreed in advance. This also applies when the material is stored electronically.
11.3 Basic material supplied by the customer or prepared by Ellco in connection with the order may only be used for orders for the customer or other with his consent.
11.4 Ellco is committed to keeping all media for reproduction and already printed media for 12 months after delivery has taken place. Further storage by appointment with the customer and at his expense.
Ellco is, with sole responsibility, entitled to have the commission fully or partly performed by a subcontractor.
13.1 Ellco is obliged to treat the customer’s request and assignment confidential.
14.1 Any disagreement concerning the delivery shall be resolved through negotiations. If negotiations between the parties does not provide a solution, either party may request the case solved by the courts. If the parties agree, the matter may be resolved by arbitration under the Civil Procedure Act Sec. 32.