GENERAL TERMS & CONDITIONS OF SALE AND DELIVERY
AS Einar Kunsts Etf.
Effective from: 25 March 2026.
Version: v2.1
1. Scope of Application
These General Terms and Conditions of Sale and Delivery apply to all offers, order confirmations and deliveries
from AS Einar Kunsts Etf. (“ASEKE”), unless otherwise agreed in writing.
If the customer has entered into a separate framework agreement with ASEKE, the following order of
precedence shall apply in the event of any conflict:
1. separate offer and/or order confirmation
2. separate framework agreement
3. appendices to the framework agreement
4. these General Terms and Conditions of Sale and Delivery
Any deviations from these terms must be agreed in writing in order to be binding.
2. Offers, Orders and Order Confirmation
Offers from ASEKE are binding for 10 days, unless otherwise stated in the offer.
Orders shall be placed in writing by e-mail or through another agreed ordering channel. Oral or telephone orders are not binding on ASEKE until confirmed in writing.
The customer is responsible for ensuring that the order contains correct information, including item number, specifications, quantity, delivery address, and any requirements for documentation or certificates.
An agreement shall only be deemed concluded once ASEKE has issued a written order confirmation.
For orders with a net value below NOK 2,500,- excluding VAT, ASEKE may invoice an administration fee of NOK 250,- per order.
3. Prices
All prices are stated exclusive of VAT, public duties, customs, freight, packaging and any other charges and costs, unless expressly stated otherwise.
Prices are based on the cost conditions applicable at the time of the offer or order confirmation. ASEKE reserves the right to adjust prices in the event of material changes in raw material prices, exchange rates, transport costs, energy costs, public duties, or other circumstances beyond ASEKE’s control.
Any currency surcharge, freight surcharge or other additional charges shall be stated in the order confirmation or invoice where relevant.
4. Payment
Payment terms shall follow from the order confirmation, framework agreement or other separate written agreement.
If the customer fails to pay on the due date, or if there is reasonable cause to assume that payment will not be made in due time, ASEKE may withhold further deliveries, require advance payment, or demand other adequate security.
5. Delivery and Delivery Terms
Unless otherwise agreed in writing, delivery shall be made in accordance with Incoterms 2020 FCA Moss from ASEKE’s central warehouse.
Other delivery terms, including DAP, CIF, Ex Works or other Incoterms terms, must be stated in the order confirmation or agreed separately.
Stated delivery times are estimates unless ASEKE has explicitly confirmed that the delivery date is binding.
ASEKE has the right to make partial deliveries and back orders, unless otherwise agreed.
Back orders may be delivered automatically when the goods are back in stock, unless the customer has cancelled the back order in writing before dispatch, or the customer has agreed in writing on a general basis that back orders are not desired.
If pallets, half pallets, pallet collars, or other packaging are supplied without a return arrangement, ASEKE may invoice a fee per unit in accordance with the applicable rate.
6. Transfer of Risk
The risk in the goods shall pass to the customer in accordance with the agreed delivery term under Incoterms 2020.
If delivery is delayed due to circumstances on the customer’s side, the risk shall pass to the customer from the time the goods have been placed at the customer’s disposal.
7. Inspection, Complaints and Returns
The customer shall inspect the goods upon receipt and, without undue delay, verify whether the delivery is in accordance with the order confirmation.
Visible defects, deficiencies or discrepancies must be notified in writing within 14 days from the arrival of the goods.
Hidden defects must be notified in writing without undue delay after the defect was or should have been discovered.
Returns of goods may only take place following prior approval from ASEKE.In such cases, return transport shall be handled in accordance with ASEKE’s instructions.Returns of correctly delivered goods shall be at the customer’s expense, unless otherwise agreed in writing.
Goods subject to complaint or returned goods must not be sent back at ASEKE’s expense without prior approval.
8. Documentation, Certificates and Traceability
For goods where certificates, material documentation, traceability documentation or other product
documentation have been agreed, or are required under applicable regulations, such documentationshall be delivered in accordance with the order confirmation, framework agreement or separate agreement.
It is the customer’s responsibility to inform ASEKE at the time of ordering if the goods are to be used for a project, facility or purpose with special requirements for documentation, certificates or regulatory approvals beyond the standard delivery documentation.
9. Liability and Limitation of Liability
In the event of a justified complaint, ASEKE shall, at its own discretion, be entitled to:
1. replace the goods,
2. remedy the defect, or
3. credit the defective part of the delivery.
ASEKE’s total liability shall in all cases be limited to the value of the part of the delivery to which the claim relates, excluding VAT.
Under no circumstances shall ASEKE be liable for indirect losses, including but not limited to operating losses, loss of profit, loss of use, consequential losses, losses in the customer’s contractual relationship with third parties, or any other indirect financial loss.
The limitations of liability shall not apply if ASEKE has acted intentionally or with gross negligence.
10. Force Majeure
ASEKE shall not be liable for non-performance or delayed performance caused by circumstances beyond ASEKE’s reasonable control, including but not limited to war, strikes, lockouts, transport disruptions, natural events, fire, epidemic/pandemic, governmental measures, shortage of raw materials, production stoppages at suppliers, or other extraordinary circumstances.
In the event of force majeure, ASEKE’s obligations shall be suspended for as long as the impediment continues.
11. Retention of Title
ASEKE reserves a security interest in the delivered goods until the purchase price and related costs have been paid in full, cf. the Norwegian Mortgages and Pledges Act sections 3-14 to 3-22.
12. Governing Law and Venue
Any dispute arising in connection with offers, order confirmations, deliveries or invoices from ASEKE shall be governed by Norwegian law.
Oslo District Court shall be the agreed venue, unless otherwise agreed in writing.