Terms & Conditions of sales and delivery for RS AS (Norway)

Any sales from the Vendor are made in accordance with the terms and conditions below, irrespective of whether a purchaser’s order or approval is non-standard, unless the parties have agreed in writing to waive these terms and conditions. The vendor may make amendments to these terms and conditions of sale and delivery without further notice.

1. Product information
All information and data including, but not limited to, technical descriptions and illustrations provided in the Vendor’s product information material, price lists, etc., are only binding for the Vendor if these have been confirmed in writing by the Vendor in a separate communication with the Purchaser. Specific examples of application do not constitute a guarantee of function or protection against the violation of third party rights. Any assistance provided by the Vendor with respect to information about the properties or potential applications of a product are simply a service for which the Vendor cannot be held responsible.

2. Prices
Prices are indicated in Norwegian Krone and are exclusive of VAT and any other fees which may be imposed by the Vendor and/or the authorities at any time, and these must also be paid by the Purchaser. Invoices may be issued in Euros if agreement has been given in writing in advance, but in order to calculate VAT, prices are indicated in Norwegian Krone.

3. Payment
Unless otherwise agreed by the parties in writing, invoicing will be in accordance with the prices listed on the Vendor’s website. Prices in the Vendor’s printed catalogue and other marketing material are only intended as a guide and may be valid for limited periods only.

Unless otherwise agreed in writing, the payment terms and conditions are 14 days net. However, the Vendor may at any time demand payment in cash as a condition of a sale. If payment is not made within the specified period, the Vendor reserves the right to charge a late payment fee of NOK 100.00. Payment of the late payment fee by the Purchaser does not restrict the Vendor’s right to take other steps regarding breach of contract. Interest on overdue payment will be charged on delayed payments in accordance with the Act relating to interest on overdue payments.

If you pay with a credit card, your credit card company will often reserve the amount of your purchase in your account, which will affect the credit remaining on your card. Even if you make changes to your order at a later date, we cannot cancel the reserved amount, since this will be automatically cancelled after 7 to 14 days. RS Components will never deduct any payment from your credit card until we have dispatched your products. Your invoice will be sent to you via e-mail after delivery. If you have paid by card, your order will already have been paid for, and you need take no further action.

When paying with card you agree to your payment card details being securely stored to allow us to process your order. See more about PSD2 directive here.

4. Special offers
Special offers which apply either to products, prices or other terms and conditions and which differ from the standard offers on our website are valid for 30 days from the date of issue, unless otherwise stated in writing.

Please note that all special offers and advertised prices may be subject to changes and fluctuations as a result of, but not limited to, indirect taxes, fees, import duties, exchange rates and other factors of that nature. This also applies after a special offer and order have been accepted.

For any other promotions offering special prices, discounts or bonus products, which are advertised via media such as e-mails, the Internet or brochures, the specific and individual terms and conditions of the promotion apply. These terms and conditions will always be published alongside the promotion.

5. Delivery and terms and conditions of delivery

Orders received by the Vendor by 17:00 from Monday to Thursday and by 16:00 on Fridays are normally dispatched on the same day.

If the full order weighs less than 20 kg, and the products are in stock, you may expect delivery within 24 hours. If the full order weighs more than 20 kg, you may expect delivery within 714 days. Delivery of chemical products may take between 2 to 4 days, depending on the weight. The time frames specified above are only intended as a guide, and the Vendor cannot guarantee delivery within the specified time frames.

Orders from our extended product range normally have a delivery time of between 10 to 14 days. Unfortunately it isn't possible to choose a future delivery date, when purchasing from our extended range. The articles will be shipped the day we receive the order if the products are on stock. 

Calibrated products are normally delivered within 3-5 working days, subject to stock availability.

RS will aim to deliver products in accordance with the times and dates for delivery quoted on the RS website or by RS' employees (the 'Quoted Delivery Times'), but Quoted Delivery Times are approximate only and RS shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence.

Scheduled orders: Scheduled orders are limited to a period of 12 months from the order date, with a maximum of 12 deliveries within this 12 month period.

We offer free delivery on online orders worth NOK 500.00 or more. For all other types of orders, we charge a delivery fee of NOK 129.00 per order, irrespective of weight and size.

Delivery is by DHL, Express/DHL Freight, and is DDP in accordance with Incoterms 2010 terms and conditions of trade. – However, the Vendor continues to hold a Sales Lien (continued ownership) on the products until the purchase amount for the products, plus any interest and other costs have been fully paid to the Vendor.

6. Defects and damages

The Purchaser is obliged to notify the shipping company if the shipment appears to be damaged, and to inform the Vendor immediately and without undue delay.

If delivery is not made within the agreed time frame – unless otherwise announced – and if this is due to factors within the control of the Vendor, the Purchaser has the right to cancel the purchase by notifying the Vendor of this in writing immediately. In all other respects, the Vendor is not responsible for any consequences of delayed delivery.

Upon receipt of the products, the Purchaser must immediately and without undue delay inspect the products to see if there are any shortfalls, and in every instance must, before making any use of the products, check to see whether the products match what has been ordered, both in terms of whether there is a shortfall in any of the products, and in terms of whether the products can be used for the purpose for which the Purchaser had intended. Before use, the Purchaser must decide whether the product is suitable for the intended application, and the Purchaser bears all risks and responsibilities with respect to this.

7. Warranty
Claims regarding shortfalls or defects must be made in writing and at the latest five days after the problem was or should have been discovered. No claims may be made in this respect after this period.

Under no circumstances may claims regarding shortfalls be submitted to the Vendor more than 24 months after the products have been delivered.

Claims must be submitted in writing, with a detailed description of the shortfall or defect, and a copy of the Vendor’s invoice must be attached to the claim. If shortfalls or defects in products which have been delivered meet the conditions and constitute a shortfall, and if the claim has been submitted within the deadline and in line with these terms and conditions of sale and delivery and with Norwegian law, the Vendor is justified and obliged to rectify the problem, if this is possible without causing the Vendor unreasonable cost or inconvenience, either by re-delivering the product or refunding the Purchaser the value of the missing or defective products.

The Purchaser is then obliged to return the defective or faulty products to the Vendor at his own expense.
In all other respects, the Vendor is responsible for defects due to gross negligence on the part of the Vendor. In no instance is the Vendor responsible for operational losses, loss of revenue or other indirect losses on the part of the Purchaser.
The Vendor’s liability with regard to defects may in no instance exceed an amount equivalent to the invoice value of the defective products.

Software
The Purchaser must be aware that the Vendor does not develop or produce the software used in the Vendor’s products. It is therefore the Purchaser’s responsibility to correctly perform a suitable check to establish whether any computer viruses or other problems are present in the software before using the product, and the Vendor is not responsible for this.

8. Guidelines for returns
If for one or more reasons, the Purchaser is not satisfied with the products delivered, these may be returned to the Vendor under the following conditions:

• The products are in their original and unopened packaging.
• The products are in their original condition and still saleable.
• The return form on the Vendor’s website has been completed

You can find more information about returns here.

• The outer packaging must be labelled with a return number and address.
• Returns are at the Purchaser’s own expense and risk.

* Please note that you must be registered with RS Online in order to complete the returns form online

The following products may NOT be returned:

• products which have been damaged, products in packaging that has been opened, or products that in any other way are not saleable
• software
• special-order products outside our normal range
• products delivered in the manufacturer’s packaging
• calibrated products of any sorts or model

In addition to this, orders/products from our extended range may neither be cancelled nor returned.

Calibrated products can be sent back if the item (s) are in original and unbroken packaging, and that the item (s) are in original condition. The cost of calibration is not refunded, the return fee will be deducted from the purchase price.

If the return is approved, the Purchaser's account will be credited.

Returns fees:

• Refunds will be issued subject to a deduction of 20 % of the products’ sale price (invoice value), but a minimum of NOK 150.00 if the products have been returned within 30 days.
• If the return is received after more than 30 days and up to 90 days after the delivery took place, our returns fee is 30 % of the products’ sale price (invoice value).
• If it is between 91 and 120 days since the delivery took place, the returns fee is 40 % of the products’ sale price (invoice value).
• Products which were delivered more than 120 days ago may not be returned.

The Vendor may at any time refuse a return if one or more of the above conditions have not been fulfilled.

9. Force Majeure and other factors

Under no circumstances is the Vendor responsible for any delays or defects as a result of a Force Majeure event and any other circumstances over which the parties have no control, such as, but not limited to, labour conflicts, strikes, lock-outs, fire, war, blockade, natural disasters, mobilisation or unforeseen military call-ups of a corresponding scale, requisitioning, seizure, foreign exchange restrictions, import restrictions, hyper- inflation, robbery, break-in, insurrection and civil unrest, lack of transportation, general shortage of products, fuel restrictions, etc.

Nor may the Vendor be held responsible for delays or failure to fulfil the contract if this is caused by delayed deliveries from subcontractors.

10. Product liability
The Vendor is not responsible for losses or damage caused by a product supplied by the Vendor (product liability) or for any losses or damage as a consequence of any use of the product, unless this is specifically stated in the Norwegian Product Liability Act, and if the Act is applied. If the Purchaser integrates products supplied by the Vendor into his own products, or attempts to pass himself off as the manufacturer of the products by applying his name, brand or other hallmark to the products, the Vendor may only be held responsible for product damage if it can be proved that the product damage was due to the Vendor’s gross negligence.

If, despite the provisos in Section 1, the Vendor is liable to a third party for the product, the Purchaser is obliged to exempt the Vendor if the damage could have been avoided if the Purchaser had, during or after manufacture of the products incorporating the Vendor’s products, performed a thorough inspection, and if the damage was of such a nature that it should have been discovered or prevented by such an inspection. In no instance is the Vendor responsible for operational losses, loss of revenue or other indirect losses.

The Vendor and Purchaser are mutually obliged to agree to be sued at the court or arbitration tribunal which handles any claim for compensation that has been made against either of the parties on the basis of damage or loss, if it is alleged that this has been caused by a product which the Vendor has sold.

11. Limitation of liability
The Vendor is not responsible for differences in the dimensions or appearance of a product in relation to the product or catalogue specifications, since these are only intended as a guide.

The Vendor’s liability for defects, including liability for advice about products and their application, etc., is limited to compensation and repair. The customer’s right to compensation or repair of defects is subject to their submission of a claim in accordance with Section 6.

The Vendor can accept no responsibility regarding whether the supplied products may legally be used for the customer’s intended purpose. The customer (Purchaser) has full responsibility for the function and use of the products.

In every instance, the Vendor’s liability is limited to the invoice amount for the article sold. The Vendor is not responsible for operational losses, lost profit or other indirect losses in relation to the contract, including indirect losses occurring as a consequence of delays or defects in the products.

12. Proviso
Please note that there may be omissions, errors and changes in the catalogue and price list, and errors on the Vendor’s website.

13. Intellectual property rights
The Purchaser has a duty to respect all intellectual property rights for the supplied products, including patent, trademark and design rights and copyrights, in addition to any other rights which the Vendor or a third party may have. The Purchaser also has a duty to pay all necessary licensing fees associated with computer programs and other media, etc.

The Vendor holds all rights to the Vendor’s catalogue and other material prepared by the Vendor. The reproduction of all or part of this material is only permitted with prior written permission from the Vendor. No intellectual property rights may be transferred from the Vendor to the Purchaser upon delivery of products (including software) sold by the Vendor. For rights to equipment and software supplied by the Purchaser, but produced by a third party, the customer may claim no rights in excess of those in line with the manufacturer’s standard terms and conditions.

The customer only holds user rights to any software supplied for use on the equipment for which it has been supplied, and is not entitled to make any changes to the software. For any software supplied, the terms and conditions pursuant to the manufacturer's regulation of intellectual property rights and other licence terms are also directly applicable to the contract signed by the Vendor and Purchaser.

14. Choice of legislation and legal venue
Standard Nordic terms and conditions of delivery, NL 92, are applicable provided that there has been no deviation from the applicable standard terms and conditions of sale, supply and delivery. Any dispute between the Vendor and Purchaser is to be decided in accordance with Norwegian law, with Oslo District Court acting as the legal venue. However, in every instance, the Vendor is entitled to demand disputes to be decided at the Purchaser’s local court or by arbitration in accordance with the Arbitration Act.

Skjetten, 18 April 2017