GENERAL TERMS AND CONDITIONS FOR SFF GROUP SALES

These terms and conditions shall apply for all sales of Goods, where the SFF Group is the Seller, if otherwise are not agreed in writing i.e. Project Specific Agreements.
 
Art. 1Definitions
1.1SFF - Each branch office or subsidiary controlled by the SFF Group
1.2Buyer - means the company the sales order is addressed to.
1.3Goods - means the materials including but not limited to certificates, drawings, calculations, packing lists and other necessary documentation.

Art. 2Quotations
2.1Quotations and prices are valid as stated on the offer sent from SFF.
2.2All materials offered ex stock are subject to material being unsold at receipt of order.
2.3All offered prices are based on applicable current material prices, insurance and freight rates.
2.4Offers can be made in different currencies. SFF reserve the right to adjust prices in line with currency fluctuations until delivery is made, unless otherwise agreed.
2.5The prices are based on undivided orders. SFF reserve the right to revise our offer in case of changes regarding quantities, material and specifications.
2.6Pipes are offered in SRL or DRL.

Art. 3Sales Order
3.1The Order Confirmation from SFF constitutes the entire agreement between the parties and supersedes all prior agreements, promises, correspondence, discussions and understandings, except those expressly set forth herein.
3.2Buyer's general terms and conditions shall not apply to the sales order, unless SFF has accepted these in writing.
3.3SFF may withdraw the Order Confirmation unless these terms and conditions are accepted in writing by Buyer.

Art. 4Payment and Invoicing
4.1Buyer shall pay SFF the price of the Goods.
4.2SFF shall invoice the Buyer following delivery of the Goods. Buyer shall pay SFF the undisputed amount of the invoice within 30 days of receipt, unless otherwise agreed.
4.3In the event of late payment of undisputed invoices, SFF has the right to claim interest in accordance with the Norwegian Act - "Interest due on late payment of debt" (Morarenteloven).
4.4SFF retains a lien to the delivered Goods until the purchase price, including interest and other charges have been paid in full.

Art. 5Delivery and non-performance
5.1In the Sales Order the agreed delivery date is stated. If Buyer does not supply agreed and required information to SFF within the agreed period, the delivery time may be postponed without cost impact on SFF.
5.2If a delivery is late and Buyer wishes to claim compensation, Buyer must notify SFF in writing within 4 weeks after delivery of the delayed Goods. If such a claim is received within this period Buyer is entitled to compensation caused by the delay.
5.3SFF's liability for not meeting the delivery date shall be 0,35% per day per item value, however SFF’s cumulative liability is limited to maximum 5% of the total item value.

Art. 6Force Majeure
6.1Neither of the parties shall be considered in breach of their obligations under the Sales Order to the extent that it can be established that performance has been prevented by force majeure.
6.2The party invoking force majeure shall, as soon as possible notify the other party of the force majeure situation.
6.3Buyer and SFF are entitled to cancel the order should the force majeure situation be permanent. If it is a temporary situation both Buyer and SFF have the right to postpone the delivery.
6.4In case of force majeure, each party shall cover its own costs.

Art. 7Liability
7.1Both parties shall mutually hold each other harmless from and against losses or damages to their respective properties and personnel.
7.2Buyer shall indemnify SFF for all Buyers indirect losses and damages according to this provision, unless misconduct or gross negligence can be proven. SFF liability shall under all circumstances be limited to maximum sales unit price for the specified Goods in question.
7.3If a defect is discovered, SFF is entitled to rectify or redeliver the Goods in question.

Art. 8Terms of Delivery
8.1The provision of Incoterms 2000 latest edition shall apply in accordance with the agreed terms of delivery. If the term of delivery has not been agreed, delivery shall be FCA SFF premises.
8.2Return of Goods may take place after SFF has agreed and Buyer has filled out the proper documentation allowing SFF to sort out the transportation of Goods back to SFF.

Art. 9Governing Law and Disputes
9.1This agreement shall be governed by and construed in accordance with the laws of the kingdom of Norway. Disputes between the parties shall, at first, tried to be solved through negotiations.
9.2Legal venue shall be SFF court of domicile. Court proceeding will be brought before Stavanger City Court.