Orders placed through Macaos Enterprise are an agreement between a supplier (hereafter referred to as "seller") and you, the user of Macaos Enterprise (hereafter referred to as "customer"). The name and address of the seller appears at the bottom of Macaos-generated documents, such as quotations, order confirmations, packing lists, etc.
Quotation
Written quotations are valid for 30 days from the quotation date, unless otherwise specified. The seller is not bound by verbal offers or agreements between the purchaser and seller or his representative until these are confirmed in writing. Quotations are made in accordance with the specifications in the quotation. Prices may vary if the specifications are changed or inadequate.
Price
Unless otherwise specified, prices are net prices, excluding taxes, duties and shipping charges.
Delivery
If the purchaser requests that the order be delivered as multiple deliveries, either across time or to more than one address, then the seller may add a handling charge. Unless otherwise agreed upon, all risks fall upon the purchaser at the time of transfer to the shipper who will transport the goods to the purchaser. All shipments are at the purchaser''s cost and risk.
Delivery time
Unless otherwise specified, delivery time is from the time when the order is registered by the seller, or from the date on which written order confirmation is sent to the purchaser. Unforseen circumstances, such as interruptions in production, may result in delayed delivery. Should such circumstances arise, the seller will inform the purchaser of the situation and efforts will be made to minimize the consequences of the delay. In cases of delayed delivery, the purchaser will be invoiced for the corresponding price for actual delivery time when this is less than the originally agreed price. Any additional costs (beyond normal shipment costs) for expedited shipment of a delayed order will be the responsibility of the purchaser.
Force majeure
In the case of labor conflict or other conditions outside the control of the parties which lead to delays, the parties may not be held responsible for this. Should the delay exceed 6 months, either party may cancel the agreement in writing. The purchaser or seller can not be held wholly or partially responsible for losses as a result of the conditions covered by this paragraph.
Payment/payment terms
For customers without a credit agreement, unless other written agreement is made, production of goods will commence only upon receipt of payment in full. Payment is to be made in full within the payment date. The delivered goods remain the property of the seller until payment has been made in full. Customers with credit who do not meet their payment obligations risk loss of credit. Credit ratings will be monitored regularly, and applications for credit will be evaluated individually. A penalty will be charged for late payment.
Faults and defects
Customers must inspect goods upon receipt. Complaints on account of faults and defects must be made in writing within 30 days of receipt of the affected goods. The seller is not otherwise bound to accept complaints. In any case, the seller's responsibility is limited to the cost of the goods.
Cancellation/return of goods
A binding purchase agreement is in effect from the time the customer's order is confirmed. Modification of the agreement is valid only when agreed to in writing by the seller.
Responsibility
The seller is not responsible for any damage or loss which directly or indirectly may arise due to faults or defects in delivered goods, except in the case of proven gross negligence on the part of the seller. In all cases, the seller's responsibility will be limited to no more than the cost of the goods. The seller is not responsible for any damage which may arise as a consequence of the use of the sold goods.
Design
The seller is not responsible for faults or defects in the technical specifications, hereunder data files, which the customer has provided.
Prototypes
If the purchaser has accepted prototypes without comment then the seller will not accept complaints at a later date, provided that the delivered goods are in conformity to the approved prototypes.
Tolerances and measurements
Unless otherwise agreed in writing, the seller's normal tolerances for similiar goods will apply. Changes to tolerance requirements after the purchase agreement has been entered requires a written agreement between both parties.
Disputes
The terms of the purchase agreement are in addition to normal trade rules based on the law in the seller's home country. In the case of disagreement in the understanding of these terms, any disputes must be brought before the local court of law at the seller's location.
Macaos Software AS provides services to aid in the communication and processing of sales and delivery, but is not in any manner a party to any agreement between the seller and customer that may arise through the use of Macaos Enterprise. Macaos Software AS bears no responsibility to the customer for the goods or services provided by the seller. The customer's relationship to Macaos Software AS is governed by the End User License Agreement for Macaos Enterprise, which may be viewed via the Help|About menu command in Macaos Enterprise.
