LVI-WaBeK Oy’s general terms of sales and delivery as of March 3rd, 2023
These sales and delivery terms and conditions apply unless otherwise agreed in writing. These terms and conditions are valid indefinitely. LVI-WaBeK Oy has the right to modify these delivery and sales terms and conditions at any time. The seller in these terms is LVI-WaBeK Oy and the buyer is the customer.
The seller’s price list in effect on the day of delivery is used as the basis for pricing. Customer pricing is based on the mutual agreement between the customer and the seller regarding the size of the purchase. If the customer’s purchases do not proceed as planned, the seller has the right to adjust the pricing structure. Value-added tax in effect at the time of sale is always added to the prices in domestic sales. Prices also do not include any costs incurred for transportation, insurance, installation, assembly, or other services related to the products. The transportation insurance for the goods is included in the buyer’s insurance, unless otherwise agreed. The seller has the right to adjust the prices after the formation of the contract if the exchange rates, which directly affect import prices, raw material prices, taxes, or other costs beyond the seller’s control change before the delivery date. If the exchange rate is not specifically mentioned in the offer, the price is based on the exchange rate published by the European Central Bank on the date of the offer. If this rate changes, the seller has the right to adjust the euro-denominated price by the same proportion for any purchase price not recorded as paid into the seller’s account at least one business day before the date of the exchange rate change.
- THE ANNUAL BENEFITS
Annual benefits are paid for warehouse sale products, subject to the following exceptions: annual benefits are not paid for heat pumps, ventilation machines, storage tanks, or spare parts for these product categories, nor for service sale products. Annual benefits are also not paid for custom products, invoice recycling, or project products when they are priced at net prices.
- SMALL ORDER SURCHARGE
Orders with a total amount of less than €20 (VAT 0%) are subject to a small invoice surcharge of €7 (VAT 0%).
- VALIDITY OF THE OFFER AND DOCUMENTS DELIVERED BY THE SELLER
The seller’s offer is valid for the time period stated in the offer or, if no validity period is mentioned, for 7 days from the date of the offer. Copper offers are valid for 20 hours after the offer has been submitted. An oral offer does not bind the seller unless it is confirmed in writing. The documents provided by the seller or the information contained therein may not be transmitted to third parties without the seller’s written consent. The seller is not responsible for any infringement of the customer’s or a third party’s rights resulting from the use of drawings, models, instructions, or similar documents provided by the customer. If the seller quantifies the products for the customer, the customer still has the responsibility and obligation to verify the quantity calculation without separate instruction.
- WHEN A CONTRACT BECOMES EFFECTIVE
In a non-offer-based transaction, the contract is concluded when the seller has confirmed the order or delivered the goods. If the seller has submitted an offer for the sale, the sales contract is concluded when the buyer has accepted the seller’s offer without changes and/or reservations.
- REACTIVATION OF THE ACCOUNT
If the customer has not made any purchases within 5 months, they must contact their responsible salesperson and request the reactivation of their account.
- APPLICABLE DELIVERY TERMS
If nothing else has been agreed upon, the EXW delivery term (from the seller’s warehouse in domestic trade and from the factory warehouse in factory deliveries) is used in domestic trade, and the EXW delivery term (from the supplying factory warehouse) is used in international factory deliveries.
- WARRANTY TERMS AND PERSONAL/PROPERTY DAMAGES CAUSED BY PRODUCTS
The buyer must report any delivery errors within 7 business days of receiving the goods. The products are warranted as stated in these delivery terms. The warranty period is the warranty period specified by the product manufacturer. The warranty period is stated in the documents accompanying the product or on the manufacturer’s website. If the delivery details have been agreed directly between the customer and the product manufacturer, the complaint must be made to the product manufacturer and they are responsible for the warranty. The seller undertakes, at their discretion, to either supply a new product free of charge, repair the defective product free of charge, or credit the customer a reasonable amount of the invoiced value of the product in whole or in part. The warranty is void if: a) the instructions given by the seller regarding storage, placement, installation, assembly, monitoring, maintenance, and/or use have not been fully followed; b) the buyer or a third party has handled or modified the products supplied by the seller without the seller’s written permission; c) the buyer has not fulfilled their obligations towards the seller. The product warranty does not cover damage that occurred during transportation. The buyer must return the defective product or part to the seller without separate request. Unless otherwise stated in the manufacturer’s warranty terms, repairing the product or supplying a new product does not extend the warranty period. A warranty-based claim must be presented to the seller in writing during the warranty period and within 7 business days of detecting the warranty-covered defect. In consumer sales conducted by a reseller, a warranty-based claim must be made during the warranty period and within 2 months of the defect covered by the warranty being discovered. The manufacturer’s warranty terms also limit the seller’s and the product manufacturer’s liability for defects. Unless the manufacturer’s warranty terms provide for broader compensation liability, the seller/manufacturer only compensates for the transportation costs related to removing the defect. The seller/manufacturer is not obliged to compensate for any other direct or indirect damages. The customer is responsible for dealing with complaints directly with the product manufacturer if requested to do so by LVI-WaBeK Oy. If the seller provides plans as part of the products, for example, floor heating plans, it is the buyer’s obligation to inspect or have these plans inspected by a third party before placing an order and starting installation work. Finnish law applies to agreements between the seller and the buyer, except for the rules on choice of law. The seller is not liable for any damages caused by the product it has delivered, which are directed at immovable or movable property or are a consequence of such damage. The seller is responsible for personal and property damage caused to a private individual if the seller is liable for the damage under the Product Liability Act.direct damages. The buyer is obliged to take care of complaints directly with the product manufacturer, if so requested by LVI-WaBeK Oy.
- CHARASTERISTICS OF GOODS
The goods must meet the requirements of applicable laws and regulations at the time of delivery. If there are any changes to these after the seller has made an offer, the contract must be amended if the changes affect costs, delivery time or other contractual conditions. The seller is only responsible for the quality and other characteristics of the goods as specified in the contract. The buyer is responsible for the accuracy of the information provided to the seller regarding the intended use and delivery of the goods.
The seller and the buyer must promptly inform each other if their performance will be delayed and must provide the reason for the delay. The buyer has no right to demand that the seller deliver the goods if circumstances between the seller and the buyer have substantially changed since the original contract was made. Delay does not entitle the buyer to neglect payment of the invoice. However, the buyer has the right to terminate the contract with written notice if, following the aforementioned delay, the seller is still unable to deliver the agreed-upon products within a reasonable time period agreed upon in writing with the buyer. Termination requires that the buyer has reported the matter to the seller within 7 days of the seller’s notice of a new delivery date. If the delay is due to the seller, and the parties have agreed in writing on a binding delivery date, the buyer is entitled to compensation for direct damages caused by the delay. The amount of compensation is a maximum of 0.5% of the value of the delayed goods (excluding VAT) for each full week after the delivery date. Despite the foregoing, the compensation shall not exceed 7.5% of the value of the delayed goods (excluding VAT). The claim for compensation must be made within 7 business days of the delivery date. The seller is not responsible for delays caused by the seller’s supplier of goods. Delivery times are also extended by the time the buyer is late in fulfilling its contractual or otherwise reasonable obligations.
- RESPONSIBILITY LIMITATION
The seller is obliged to compensate only for the direct damages caused to the buyer as stated in these delivery and sales terms. The seller is not obliged to compensate for any other direct damages. The seller is not obliged to compensate for indirect damages to the buyer.
- PAYING THE PURCHASING PRICE AND BUYER’S REPORTING RESPONSIBILITY
If no other agreement has been made regarding the payment period, it is fourteen (14) days net. The payment period is calculated from the invoicing date. If an invoice is partly incorrect, the error-free part must be paid by the due date. If one invoice has become due and unpaid or if the buyer has applied for corporate reorganization, bankruptcy, or if the buyer is otherwise insolvent, all invoices from the seller to the buyer become due for payment immediately, regardless of the due dates indicated on the invoices, if the seller so demands in writing. The buyer must pay the invoice in accordance with this agreement, even if the buyer disputes the delivery. A credit customer must report any decrease in their ability to pay to the seller.
- PENALTY INTEREST AND COLLECTION CHARGES
If the payment is delayed, interest on arrears of 16% will be charged for the delay period. However, for consumer customers, the applicable interest on arrears under the Interest Act is followed. The seller has the right to charge reasonable collection costs.
- THE BUYER’S COLLATERAL SECURITY AND THE SELLER’S RIGHT NOT TO DELIVER THE GOODS
If collateral has been agreed upon, the collateral must be provided before the delivery of the goods begins. The seller has the right to demand collateral for the payment of the purchase price even after this if there are justified reasons to believe that the purchase price or part of it would remain unpaid. The seller has the right not to deliver goods if the buyer has not paid all invoices sent by the seller to the buyer, the buyer has not provided the agreed or required collateral, or the buyer’s credit limit has been exceeded or is in danger of being exceeded. The seller’s right not to deliver goods continues until the above-mentioned matters are in order. The buyer does not have the right to claim compensation for delays caused by this.
- PROPERTY RIGHTS AND RISK OF DAMAGE
The ownership of the item is transferred to the buyer once the item has been fully paid for. However, the risk of damage is transferred to the buyer upon receipt of the item, even if the purchase price has not been paid. The buyer is obliged to take good care of the item during the period when the seller retains ownership and to insure it at their own expense. If the invoices are overdue and the goods have not been installed, the buyer is obliged to return the unpaid goods at their own expense.
- RECEIPT, INSTALLATION, AND USAGE INSPECTION
When receiving the goods, the buyer or their representative must check that the delivery is in accordance with the shipping list and that it is undamaged externally. In the case of transport damage or any defects observed upon receipt of the item, the buyer must immediately notify the carrier. A note regarding the defect or damage must be made in the consignment note and an appropriate complaint must be made to the seller. If the risk passes to the customer and the item is destroyed, lost, deteriorated or reduced due to a reason beyond the control of the seller, the customer must still pay the purchase price.
- FREIGHT AND SERVICE CHARGES
Freight, packing charges, and other service charges are invoiced according to separate charging criteria.
- RETURNING THE GOODS
Returning goods delivered through the seller’s warehouse must always be agreed upon in advance with the seller’s representative, and the return must take place immediately after the agreement. The seller does not provide compensation for returned goods without a prior agreement. The condition for accepting the return of goods is that the item with its packaging is completely flawless upon return and that it is returned to the seller’s warehouse free of charge. A 35% deduction from the approved return value will be made, however, it will not be less than 30 euros (VAT 0%) to cover handling and other costs. Returns going back to the manufacturer will be processed according to the manufacturer’s return terms, and the compensation to the buyer will occur after the manufacturer has credited the return to the seller.
- THE BUYER’S RIGHT TO ANNUL A CONTRACT
The buyer has the right to cancel the agreement, in part or in whole, if the seller’s delivery significantly deviates from what was agreed upon and the seller does not correct the issue within a reasonable time, even though the buyer has made a written complaint within seven (7) business days from the date of receiving the goods, or if the delivery is delayed significantly due to reasons attributable to the seller, causing unreasonable harm to the buyer, and the seller does not deliver the goods within a reasonable time after the buyer’s written complaint. If the goods subject to the transaction have been manufactured or acquired specifically for the buyer according to their instructions and wishes, and the seller cannot utilize the goods in any other way without incurring significant losses, the buyer may cancel the transaction due to the seller’s delay only if the essential purpose of the transaction is not achieved due to the delay.
- THE SELLER’S RIGHT TO ANNUL A CONTRACT
If the payment of the purchase price or part thereof is delayed beyond the due date, the seller has the right, at their discretion, to cancel the entire transaction or the part of the transaction for which the buyer has not yet received the goods. The seller also has the right to cancel the transaction if, based on the buyer’s notification or otherwise, it is apparent that the buyer’s performance will be delayed. We emphasize that the seller has the right to demand that the buyer return the unpaid goods if the invoices are more than 7 days overdue. The buyer is responsible for ensuring that this contractual condition is also known to third parties. Furthermore, the seller has the right to cancel all purchase agreements made with the buyer if the buyer is subject to corporate restructuring or bankruptcy or is otherwise demonstrably insolvent.
- FORCE MAJEURE
The following circumstances release the seller from the obligation to fulfill the agreement, provided that the agreement was concluded before these circumstances arose: natural disasters, fires, machinery breakdown or other comparable disturbances, strikes, lockouts, war, mobilization, export or import bans, lack of transportation, cessation of production, interruption of general traffic or energy distribution or other similar impediments. Also, if fulfilling the agreement would require sacrifices that are unreasonable compared to the benefit the buyer would gain from it, the seller is not obliged to fulfill the agreement. The seller is not liable for any direct or indirect damages incurred by the buyer due to non-fulfillment of the agreement.
- OTHER TERMS
In all other respects, the Terms of Delivery of Technical Building Products TALTEK YT 2002 are followed.
- DISPUTE RESOLUTION
The parties shall first attempt to resolve any disputes through negotiations between the parties. Only if the parties are unable to resolve their disputes within a reasonable time may the matter be resolved in an appropriate court of law. Disputes related to sales agreements shall be settled in the district court of the seller’s domicile. By placing an order, the buyer has accepted the aforementioned sales and contractual terms.
Packaging is charged based on the used material.
Small packages 0.50 – 4.00 euros
PALLET CHARGES AND CREDITS
Pallet charges and credits in euros, VAT 0%
Wa’Bag pallet/crate charge 14.00 euros/credit 0.00 euros
Air-conditioned crate charge 29.00 euros/credit 0.00 euros
Air-conditioned crate cover charge 29.00 euros/credit 0.00 euros
Minimum freight charge of 45 euros and a minimum charge of 65 euros for hiab trucks.
Exact/express delivery surcharges of 15-30 euros depending on the time of day.
The seller has the right to adjust prices.