These terms and conditions of sale apply unless they are deviated from by written agreement between buyer and seller. The term “seller” refers to LEMKEN GmbH & Co. KG as the supplier of items for sale as well as the sellers/external partners of LEMKEN GmbH & Co. KG.
By signing the purchase contract, the Buyer confirms that he has familiarized himself with and accepts the following conditions, in addition to the provisions arising from the purchase contract itself and its annexes.
If the buyer is considered a consumer, he mustinform the seller of this before signing the purchase contract.
The seller guarantees that the purchased item is his property and is free of encumbrances. The buyer guarantees that the items given in payment are his property and free of encumbrances.
Unless otherwise agreed in writing, payment must be made before delivery. Credit will only be granted following a separate written agreement.
If the purchase price is paid in whole or in part after the due date, the seller is entitled to interest at the applicable interest rate in accordance with the Late Interest Act (December 17, 1976 No. 100).
If the buyer breaches the contract at any time in a material way, for example by failing to comply with the payment terms, the entire remaining debt will become due for payment immediately.
If the buyer does not accept the purchased item even though it was made available to him in accordance with the contract, he is still obliged to comply with the payment conditions.
If the purchased item is not delivered in full, the buyer can retain an amount equal to the technical value of the defect. The seller undertakes to complete the item for sale as quickly as possible. In all other cases, the purchase price must be paid when it is due, regardless of whether the buyer asserts counterclaims against the seller for late delivery or the like.
Trade-in devices are only considered payment if ownership has been transferred to the seller and there are no mortgages or other encumbrances that reduce the value.
For equipment ordered to the buyer's specifications, a deposit of 30% of the value of the goods excluding VAT is required and is payable at the time of ordering. The remaining 70% will be invoiced when the item is ready for delivery or collection by the buyer and must be paid before the item can be delivered or collected. The deposit paid will be credited when the final invoice is issued.
The Seller has the right to change the contract price due to changes in exchange rates, customs and tax rates, changes in factory or supplier prices or other circumstances beyond the Seller's control during the period between the conclusion of the contract and the time of invoicing. Any changes will be communicated to the Buyer before the final invoice is issued, but the Buyer cannot object to the resulting additions.
The seller has a lien on the purchased item, see Lien Act §§ 3-14 – 3-22, to secure his claim to the purchase price plus interest and costs etc. in connection with the sale.
If a pledge is also agreed for claims of third parties who have financed the purchase, the seller's claim takes priority.
Until the item for sale has been paid for in full, it may not be taken out of the country, sold, pledged, loaned or otherwise disposed of in a way that would result in a deterioration in the value of the item or that would make return by the seller impossible or difficult without the written consent of the seller.
If the purchased item is seized, confiscated or similar before full payment has been made, the buyer is obliged to report the outstanding payment and to notify the seller immediately.
The buyer is obliged to treat the item being sold with care, to comply with the prescribed maintenance intervals, to keep it fully insured and properly maintained as long as a deposit is charged for it. The buyer is obliged to present the item or the insurance policy to the seller or his representative upon request. The seller has an unconditional preferential claim to coverage of the remaining purchase price in the insurance claim.
The seller has the right to register the sale mortgage. The buyer is obliged to contribute to this. Failure to do so is considered a serious breach.
The delivery of new sales items takes place in accordance with the general manufacturer specifications for make, model and type as per the contract, otherwise with the properties stated in the contract.
The buyer accepts manufacturing changes after conclusion of the contract unless these significantly reduce the quality and/or performance of the purchased item.
Information and descriptions of any kind in brochures, operating and workshop manuals, drawings and technical data, etc. are for guidance purposes only and cannot be regarded as reliable by the buyer unless this is expressly mentioned in the contract. The risk that the item for sale and its technical data meet the buyer's needs lies with the buyer. The buyer is advised to familiarize himself with the technical data and check it before concluding the contract. If the item for sale is part of or a supplement to an item supplied or to be supplied by a third party, the buyer is responsible for ensuring that the item for sale meets the necessary functional requirements.
Used items for sale are delivered in the condition they are in at the time of inspection by the buyer ("as is"). The seller assumes no responsibility for any hidden faults and/or defects in the item.
Delivery of the purchased item will take place at the seller’s place of business, unless otherwise agreed in writing.
The purchased item is deemed to have been delivered to the buyer on the final delivery date. From this point on, the risk is transferred to the buyer, regardless of whether the purchased item has been picked up or not.
The purchased item shall also be deemed to have been delivered if the seller subsequently has to carry out repairs or supply parts or equipment that are not required for the normal use of the purchased item or for the buyer's particular use.
The stated delivery time is an indication, unless the contract expressly states that the stated delivery time is fixed. If it is crucial for the buyer that delivery takes place within a certain period, this must be expressly stated in the contract. The seller must inform the buyer of the final delivery time as soon as the goods are ready.
The delivery time will be postponed in any case, without this being considered a breach on the part of the Seller, if: The seller has not received the required technical data from the buyer, no deposit/exchange has been received, the buyer has not provided any other required cooperation. If the buyer does not meet his obligations by the agreed delivery date, the seller's delivery obligation is suspended until the buyer's obligations have been fulfilled.
The Seller shall not be liable for any delay or non-delivery due to circumstances beyond the Seller's control, including, but not limited to, accidental destruction of any item of the type or lot to which the purchase relates, war, strike, import ban, delay or non-delivery by the factory, importer, subcontractor or carrier, possible accidents during transport, failure of any public authorizations such as export/import license/type approval etc. to be granted as expected or similar.
If such a situation occurs, the parties' obligation to perform under the contract will be suspended unless the parties agree to terminate the contract. If the situation is likely to last for a longer period, either party may terminate the contract without paying any compensation to the other.
If a specific delivery time or final delivery period has been agreed and delivery is offered or takes place within 3 months of the agreed time, the buyer has no right of withdrawal from the purchase.
The buyer must carefully inspect the purchased item immediately upon receipt. The buyer cannot later invoke a defect that he discovered or should have discovered during the inspection.
When purchasing new products, the seller's warranty is limited to the guarantee that the seller has from the manufacturer, unless otherwise agreed separately in writing between the parties.
The relevant documentation is included with the sales item. The warranty for the Seller's own work in connection with any assembly, installation, etc. is limited to 3 months after delivery.
When purchasing used items for sale, no warranty is provided unless this is expressly agreed in a separate warranty agreement, which in this case must be attached as an appendix to the order confirmation.
The prerequisite for the seller's obligation to remedy defects within the scope of the guarantee is: That complaints are made in a timely manner, see point 12 below. That complaints are submitted within a reasonable period of time before the expiry of the manufacturer's guarantee so that the seller has a practical opportunity to complain to the manufacturer.
That the part in question is made available to the seller or his representative immediately and free of charge to the seller at a location specified by the seller. If an inspection of the purchased item is required at a location other than the seller's workshop, the seller can demand that the buyer bear all costs incurred for this. The same applies to additional costs that arise because the repair is made more difficult, assembly, etc. This applies in any case if the complaint was unjustified.
That the buyer has ensured that maintenance and service are carried out in accordance with the regulations of LEMKEN GmbH & Co. KG or a dealer of LEMKEN GmbH & Co. KG in accordance with the seller's specifications.
The seller is only liable for damages in the event of a significant delay or if a defect reported in good time is not remedied within a reasonable period of time.
Claims for damages must be made in writing within a reasonable period of time. Indirect damages, including production downtime, loss of profit, consequential or interruption damages, will not be compensated. The same applies to expenses and costs for rent/loans or the purchase of other items that are to replace the purchased item. As a result of a defect, the buyer cannot demand compensation for loss of value or other damage, including personal injury or property damage or indirect damage to the goods.
Fire and hull damage are normally covered by the buyer's insurance and cannot be demanded from the seller for replacement or redelivery. The seller’s liability is in any case limited to the purchase price, unless the seller acted intentionally or with gross negligence.
If the purchased item cannot be delivered due to an obstacle beyond the seller's control, the buyer cannot claim compensation from the seller. In such cases, any parts of the purchase price already paid/paid out will be refunded plus an interest reimbursement amount equal to the loan interest from Norges Bank to the banks, calculated from the date of payment.
A delay of more than 10 days with regard to the agreed payment, the provision of necessary documents or other services owed to the buyer entitles the seller to withdraw from the contract, take back the purchased item and/or demand compensation.
If the seller withdraws from the purchase or if the buyer withdraws from the contract without justification or otherwise withdraws from the contract, the parties agree that the seller is entitled to compensation of at least 10% of the agreed purchase price. If the seller can prove that he has suffered greater damage, the entire proven damage must be compensated.
In the case of items for sale that are to be supplemented or modified or that have been ordered with special specifications from a factory, body shop or workshop (production purchase), the buyer can only withdraw from the purchase if: The Buyer's purpose of making the purchase is demonstrably significantly frustrated by the delay or defect and the Seller has the opportunity to resell the goods without loss due to the special specifications. The Buyer may under no circumstances withdraw from the purchase due to delay or defect if the Seller provides the Buyer with a machine with similar characteristics that meets the Buyer's current needs until delivery or remedy of the defect.
In the event of cancellation of the purchase, the settlement between the parties will be made in accordance with sections 64-66 of the Sales Act. However, the seller is only obliged to pay interest on the purchase price from the day on which the right of withdrawal is asserted in writing and only if the buyer withdraws from the purchase. The buyer is obliged to pay a usual fee for the use of the item. If the item is damaged or destroyed due to normal wear and tear, the buyer must compensate for the loss in value of the item or the cost of repair.
Claims for reimbursement of the purchase price are only due for payment when the item has been returned to the seller in such a condition and with the necessary documents and signatures that the seller can dispose of the item. If a valuation or inspection of the item is necessary, the seller can withhold the cancellation fee until the valuation or inspection has been carried out. The seller can withhold an amount to the extent that it covers claims arising from use, wear and tear and damage to the item. The seller can offset the buyer's claim for cancellation compensation against any other monetary claim the seller has against the buyer. If the buyer has delivered a trade-in machine that was not resold, the seller can request the return at the trade-in price as part of the cancellation process. If the trade-in item was sold, the actual sales price less the selling costs will be used as the basis for the cancellation settlement.
The Seller is not bound by any oral agreements with the Buyer that are not included in writing in the Purchase Agreement with attachments. In the event of a conflict between the Conditions of Sale and the Purchase Agreement, the Purchase Agreement shall prevail unless the Buyer objects in writing immediately upon receipt of the Purchase Agreement. These provisions apply before the provisions of the Sales Act and the Consumer Sales Act, to the extent that deviations from the laws are possible.
The contractual relationship is governed by Norwegian law. Disputes regarding the interpretation or implementation of the contractual relationship must be resolved through negotiations. The Lower Rome District Court shall be the place of jurisdiction.
The buyer must inform the seller immediately of any defects in the purchased item. Complaints about defects that can only be discovered during assembly or a test drive of the purchased item are deemed to have been made in a timely manner if the complaint is made no later than 8 days after the time at which the defect was or should have been discovered. Unless otherwise stated in the manufacturer's guarantee or another written agreement, the buyer's right to complain expires in any case 12 months after the time of delivery.
Any complaint must be made in writing. It must be stated that the request is a claim and the buyer must state what the defect is or what symptoms have occurred. A normal service or improvement request does not count as a claim.
The seller is not responsible in the following cases: Defects that may have arisen because the item for sale has been repaired by someone other than the seller, incorrectly assembled or instrumented or modified in any way, the item for sale has been fitted with non-original spare parts, the manufacturer's seals or by someone else, the power is defective and the number or make of the motor has been changed or removed. Defects that may have arisen due to negligent or incorrect use on the part of the buyer, accidental external events, normal wear and tear, inadequate maintenance or improper storage.
If the notice period and/or form are not observed, the buyer loses his right to claim a defect. The seller is only liable for defects that were present at the time of delivery.
The seller has the right to remedy any defects complained of by the buyer. Any defects do not oblige the seller to do anything other than: The Seller will replace or repair defective parts free of charge. The replacement will be carried out in the Seller's workshop or in another workshop previously designated or approved by the Seller.
The buyer is responsible for shipping the item to and from the seller's location. The buyer is responsible for correcting the defect if a defect is not identified. Even if the seller repairs the purchased item free of charge, this does not necessarily mean that the seller acknowledges a defect in the purchased item.
If the seller does not remedy a defect within a reasonable period of time, the buyer has the option of having the defect remedied by others under reasonable conditions. When assessing the reasonableness of the time that has elapsed, it must be taken into account that the seller must have the opportunity to inspect the purchased item, obtain the manufacturer's opinion on the defect and decide how and by whom the subsequent performance is to be carried out.