General Terms and Conditions of Sale
1. GENERAL SCOPE AND APPLICATION
The following General Terms and Conditions of Sale (“Terms and Conditions”) shall apply to and form an integral part of all agreements entered into between Airthings ASA (“Airthings”) and the purchaser (“Buyer”) for any sale of goods and services (“Products”) by Airthings to the Buyer, unless and to the extent Airthings and the Buyer explicitly agree otherwise in writing.
The Buyer’s standard or general terms and conditions are explicitly rejected and shall be disregarded by Airthings, irrespective of whether such terms and conditions are presented or referred to by the Buyer before, in connection with or after the conclusion of the agreement for sale of Products from Airthings to Buyer.
The prices quoted in Airthings’ order confirmation shall apply to the Products purchased by Buyer.
Prices in any offer, confirmation or agreement are based on delivery Ex Works (EXW, INCOTERMS latest version) as designated by Airthings.
All prices are quoted as net prices and do not include value added tax or any other potential taxes or customs duties, which are to be paid additionally by the Buyer in the amount specified by applicable law.
Payment shall be made in full within thirty (30) days net from the date of the invoice.
Payment has been made on the day the payable sum is received by Airthings. All payments shall be made to the agreed upon Airthings bank account. Airthings reserves the right to require advance payment.
All late payments accrue interest at the rate of nine and a half per cent (9.5%) per annum or any higher statutory rate applicable, from the due date until payment has been made in full. This shall not preclude any other rights and remedies Airthings may have under applicable law in consideration to such late payments.
In case of previous payment default or reasonable doubt regarding the solvency or credit standing of the Buyer, Airthings reserves the right to demand security or prepayment for any outstanding delivery, or to declare immediate maturity of all outstanding claims.
For online orders placed at the www.airthings.com webstore, these must be paid using credit card and/or PayPal.
Orders are placed by a purchase order, stating (i) the type and amount of units in the order, (ii) shipment address, (iii) the VAT-number of Buyer, if applicable, (iv) contact person with Airthings, (v) contact person with the Buyer and (vi) the Buyer’s shipping agent and account number. The Purchase Order shall be sent by e-mail to firstname.lastname@example.org, clearly marking the contact person with Airthings. All orders shall be confirmed by an order confirmation from Airthings. An agreement for sale and purchase of Products is concluded and binding where there is an unconditional acceptance of 1) Buyer’s purchase order by Airthings or 2) Airthings’ quotation/offer by the Buyer.
Products shall be delivered Ex Works (EXW, INCOTERMS latest version) as designated by Airthings, unless otherwise agreed in writing. The risk and title to the Products are transferred and passed to the Buyer at the time of delivery.
Delivery dates communicated or acknowledged by Airthings are approximate only, unless explicitly stated otherwise.
Airthings shall use commercially reasonable efforts to meet the delivery dates communicated or acknowledged, on the condition that Buyer provides all necessary order and delivery information sufficiently prior to such delivery date. However, Airthings shall neither be liable nor be in breach of its obligations for any delivery made within a reasonable time before or after the communicated delivery date.
Airthings reserves the right to perform partial deliveries if such action would not unreasonably affect the Buyer.
Airthings is under no circumstance responsible for any consequential or indirect costs or losses which are caused by delay in delivery or non-delivery of Products.
6. FORCE MAJEURE
Airthings shall not be liable for delayed or defective Products, or any other failure to meet its obligations under these Terms and Conditions and/or the agreement entered into with the Buyer , provided that the event in question is due to an unforeseen circumstance or cause beyond its control. This includes any strike, lock-out, labour dispute, act of God, inability to obtain labour, utilities or services, application of applicable laws, enemy or hostile actions, sabotage, war, blockades, insurrections, riots, epidemics, washouts, nuclear and radiation activity or fall-out, civil disturbances, explosions, fire or other casualty, or any other cause, whether similar to or dissimilar from the foregoing, provided that it is beyond the control of Airthings. Airthings shall promptly notify the Buyer of the occurrence of any such event.
In the event of any such delay, defect or failure to fulfil an obligation, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay, unless the delay continues for more than two (2) months, in which case Airthings may terminate the agreement in question with immediate effect without incurring any liability.
7. OBLIGATION TO RETURN PRODUCTS
In the event that Buyer does not fulfil its payment obligations to Airthings, or gives reason to believe that it will not fulfil any or part of their payment obligations, Buyer shall be obliged to return the Products not yet paid for to Airthings, at Buyer’s cost. Buyer agrees to fully cooperate with Airthings in order to enable Airthings or any representative authorized by Airthings to collect the Products in question.
8. INTELECTUAL PROPERTY RIGHTS
The sale and purchase of Products shall not imply any transfer or licensing of any intellectual property rights from Airthings to Buyer, or vice versa.
9. NORTH AMERICA - LIMITED WARRANTY
Airthings Americas, Inc. (“Airthings”) warrants to the original purchaser that Airthings products (“Product(s)”) shall substantially conform to the Product specifications and be free from defects in design, materials and workmanship under the normal use and service for which the Products were designed for a period of twelve (12) months, calculated from the later of the date of purchase or delivery if ordered on the Internet. Because Airthings cannot control the quality of Products sold by unauthorized sellers, this warranty applies only to Products that were purchased from Airthings or an Airthings authorized seller, unless otherwise prohibited by law. Airthings reserves the right to reject warranty claims from purchasers for Products purchased from unauthorized sellers, including unauthorized Internet sites.
If a claim is made under this warranty and, after investigation by Airthings, proves to be valid, Airthings will, at its sole option and within reasonable time, either replace the Product or refund the purchase price of the Product.
How Long Coverage Lasts
This warranty lasts for twelve (12) months, calculated from the later of the date of purchase or delivery if ordered on the Internet, and extends to the original purchaser only. Therefore, this warranty does not extend to any subsequent or other owner or transferee of the Product or any transferee or other beneficiary of the service.
What is NOT Covered
The warranty does not extend to Products damaged by reason of alteration, accident, abuse, neglect or misuse or improper or inadequate handling; improper or inadequate wiring utilized or installed in connection with the Products; installation, operation or use of the Products not made in strict accordance with the specifications and written instructions provided by Airthings; use of the Products for any purpose other than those for which it was designed; ordinary wear and tear; disasters or Acts of God; unauthorized attachments, alterations or modifications to the Products; the misuse or failure of any item or equipment connected to the Products not supplied by Airthings; improper maintenance or repair of the Products; or any other reason or event not caused by Airthings.
For avoidance of doubt, conditions that are not covered by this warranty include:
- Any Product that has been lost or stolen
- Any Product having a defect or damage due to misuse including, but not limited to, installation or operation contrary to Airthings’ written installation or operation instructions
- Any Product having a defect or damage due negligence including, but not limited to, falls, extreme temperatures, or water exposure
- Any Product which has been damaged as a result of unauthorized repairs or alteration(s) made by a party other than Airthings
- Any Product that is outside the applicable warranty period (i.e., twelve (12) months)
- Any Product that has not been paid for in full with a valid proof of purchase from an Airthings authorized seller
Please note, valid forms of proof of purchase include:
- Order number from online purchases made through Airthings or Airthings’ authorized sellers
- Sales invoice
- Dated sales receipt from an Airthings authorized seller that shows a description of the product along with its price
In order to exercise warranty rights, the purchaser must notify Airthings in accordance with the instructions described under Section 10 below.
10. NOTIFICATION OF CLAIM. OBTAINING WARRANTY SERVICE
Any Product believed to be defective as covered by this warranty may not be returned for warranty service without prior authorization from Airthings. Purchasers shall notify Airthings without undue delay after discovery of the alleged defect.
Purchasers who wish to make a warranty claim based on a Product defect shall contact Airthings’ customer service at email@example.com in order to obtain a Returned Material Authorization Number (“RMA Number”). Please make sure to include in your communication the following information:
- Your full name, address, phone number, email address, and preferred method of contact
- A brief description of any claimed defect(s) in the Product
- The date you purchased the Product
- Where you purchased the Product
- A copy of your dated sales receipt or other valid form of proof of purchase from Airthings or the Airthings authorized seller from which the Product was purchased
If your request is approved, you will then need to mail your Product, proof of purchase, and RMA number to:
Shipmonk/Airthings America, Inc.
201 NW 22nd Ave, Unit 100
Fort Lauderdale, FL 33311
Please note that you will be required to prepay and cover the costs of shipping for Products returned to Airthings for warranty service, while Airthings will pay for return of Products to you.
11. LIMITATION OF LIABILITY
There are no warranties which extend beyond those stated herein. Any implied warranties that may be applicable to Products, including implied warranties of merchantability or fitness for a particular purpose, are limited in duration to the duration of this warranty. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Under no circumstances shall Airthings be liable for any special, incidental, or consequential damages based upon breach of this warranty, breach of contract, or strict liability. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
12. GOVERNING LAW AND DISPUTE RESOLUTION
The laws of the Kingdom of Norway shall govern the validity, interpretation and enforcement of these Terms and Conditions and of any contract of which these Terms and Conditions are a part, unless otherwise agreed to.
Any dispute arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the District Court of Oslo (in Norwegian “Oslo tingrett”).
Notwithstanding the foregoing, Airthings ASA reserves the right to institute any legal proceedings against Buyer in the jurisdiction of Buyer’s place of business, or in any other jurisdiction where harm to Airthings is occurring.
Should any of the clauses above, in whole or in part, be legally invalid, the validity of the other clauses of these Terms and Conditions shall remain unaffected.
Any failure to exercise, or delay in exercising, any right or remedy arising from these Terms and Conditions shall not operate as a waiver thereof.
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