AUDICO SYSTEMS OY

TERMS OF SALE AND DELIVERY

 

1.

Scope

The present General Terms of Sale and Delivery are applied to commercial relations between Audico Systems Oy (business ID 1033749-1, “the Seller”) and its Customers.

The conditions mentioned in the Buyer’s order do not apply without an explicit agreement.

The present General Terms of Sale and Delivery do not take precedence over any separate terms of contract expressly agreed upon by the parties by a written contract of sale.

The Seller reserves the right to make changes to these General Terms of Sale.

All orders are subject to the terms and conditions of contract which are in force at the time of ordering and available on the Seller’s website.

2

Customer data and data protection

When placing an order, the Customer is required to give full contact information, including the name, phone number and e-mail address of the contact person and the business ID, postal address, phone number(s) and delivery address, if it is different from the postal address.

The Customer’s information is stored in the Seller’s customer database, which includes information used for the purposes of maintaining the customer relationship. The Seller and affiliates in the same group also have the right to process and disclose data for justified purposes, such as direct marketing, in accordance with the Personal Data Act (523/99).

The privacy statement, which is in compliance with the General Data Protection Regulation, is available on the Seller’s website. The Customer is entitled to refuse the use and processing of their personal data and verify the data collected from them by contacting the Seller’s service centre. This must be done in writing by sending a signed message to the following address: Audico Systems Oy, Olarinluoma 12, FI-02200 Espoo, Finland.

For more information, read the privacy statement.

3

Pricing

All prices are quoted exclusive of VAT (VAT 0%), postage and packing in the Seller’s facilities in Espoo.

The price including VAT is shown separately in the online store.

In the event of an evident pricing error, the product is not sold at a lower price if the Customer can be expected to be aware that there is an error.

The prices are subject to changes by the Seller.

The Seller also reserves the right to limit sales of exceptionally large shipments.

4

Terms of payment

For credit customers, the term of payment is determined by a separate agreement. Interest for late payment is charged in accordance with the Interest Act. For non-credit customers, orders are shipped in return for a payment by bank transfer, credit card, advance payment or cash on delivery.

The right of ownership of the products is not transferred to the Buyer until the Seller has received a payment for the products shipped.

5

Terms of delivery

The products are delivered ex warehouse. The freight and shipping charges are paid by the Buyer. Orders are delivered as agreed. Any partial deliveries must be agreed upon in advance.

The delivery time must be agreed upon for each order or delivery.

The target time for processing completed orders is within 48 hours of the receipt of the order. A completed order refers to an order in which all products are in stock and reserved for delivery.

If one of the products ordered by the Customer is unavailable or if the shipment of the product is delayed for reasons beyond the Seller’s control, the Seller is not obligated to reserve the remaining ordered products for the Customer. Partial deliveries and back orders are subject to the normal delivery charges.

The recipient is responsible for checking the delivery and filing a complaint to the Seller for any potential delivery problems without delay, but no later than 7 days after the delivery.

The liability for damages passes on to the Buyer once the goods have been handed over to the carrier or to the Buyer in accordance with the term of delivery. In the event of transport damage or shortcomings with the delivery, the recipient must file a complaint with the carrier without delay.

6

Delivery costs

Postage and packing are charged according to weight or volume, amounting always to at least 20 euros (VAT 0%). An additional 10 euros (VAT 0%) is charged for small orders of less than 170 euros (0%).

When placing orders in the online store, the delivery costs are specified separately.

7

Warranty

The products come with a manufacturer’s warranty. The length of the warranty period may not exceed the warranty period offered by the manufacturer.

The warranty does not cover damage caused by ordinary use, transportation damage or damage caused by incorrect use, maintenance or storage or other factors beyond the Seller’s direct control.

To ensure the validity of the warranty, the provided user instructions and relevant regulations must be observed when using and installing the product. The Seller must be notified of all defects immediately after the defect has been noticed and, in any event, within the warranty period.

The Seller’s liability for defects is limited to having the defective item repaired or changed in the Seller’s facilities within a reasonable timeframe. The Seller is not liable to provide a replacement for the duration of the warranty service. The Seller’s liability does not cover on-site work or any other parts, components or systems than the defective part. The Buyer is always liable for expenses resulting from the shipping of the product to or from the Seller.

The Seller does not offer or have any other obligations, warranties or responsibilities in terms of product properties or defects than those specified expressly above. The Seller is therefore not responsible for the general fitness for use of the products or their applicability for general or specific purposes.

The warranty claim must include a report with details of the defects, the purchase date and a copy of the invoice.

Inspections which do not fall within the warranty are subject to a separate charge.

8

Complaints

All complaints must be issued to the Seller in writing. Products may not be returned without a written confirmation from the Seller, and the return shipment must include a reference to the Seller’s confirmation. The returned product and all of its accessories must be unused and in their original packaging. No more than 80% is compensated for confirmed returns of products which are in stock. Products which the Seller has solely obtained for the Buyer cannot be returned.

The freight of the return package is paid by the Buyer. The return shipment must include a written confirmation from the Seller and the delivery note or a copy of the invoice.

9

Liability for delays

The Seller’s liability for delays is limited to actual loss caused to the Buyer and amounts to, in any event, no more than 0.5% per week of the price of the delayed part of the shipment, without exceeding 5% of the price. One week refers to a period of seven consecutive days, beginning from the date of delivery of the part of the shipment in question confirmed by the Seller in writing.

If the delay has lasted for more than three months, the Buyer is entitled to annul the purchase of the delayed part of the delivery. Apart from this right to annul a purchase and the right to compensation for loss specified above, the Buyer does not have any other rights and the Seller does not have any other obligations in relation to delayed or failed deliveries.

10

Intellectual property rights

All registered or unregistered trademarks, brand names, patents, models, drawings, plans, designs and other intellectual or industrial property rights, which are related to the products or used or provided by the Seller, are solely the property of the Seller or its licensers, and the Buyer or other parties may not use, share, license, publish or register them without the Seller’s prior written consent.

The Buyer may not use or disclose any of the Seller’s commercial secrets or expertise regarding the products.

11

Force majeure

The Seller is not liable for any failure or interruption in the fulfilment of the contract caused by a force majeure or other circumstances, which are beyond the Seller’s control and affect the Seller or its subcontractors, such as industrial disputes, riots, fires, war, embargoes, shortage of workforce, raw materials, energy or transportation, hindrances or delays caused by forces of nature or factors resulting from laws, regulations or the orders or measures of authorities.

12

General limitations of liability

The Seller’s potential liability for loss and damage may never exceed the sum paid by the Buyer for the product in question. The Seller is not, under any circumstances, liable for indirect or consequential loss or damage, such as loss of profit, loss of contract, loss of use, material damage, obligations towards third parties or loss resulting from the purchase of products in replacement.

The Seller is only liable for personal injury or material damage (product liability) if the damage or injury can be verified to have been caused by gross negligence on the Seller’s part. This limitation of liability does not, however, apply in cases in which the Seller is liable for the injury or damage under section 5 of the Product Liability Act and in which the Seller’s liabilities are determined by the Product Liability Act.

All claims against the Seller must be filed within one year of the occurrence of the cause of the claim and, in any event, within three years of the date of delivery of the products.

13

Insolvency

The Seller is entitled to immediately cancel all unfulfilled contracts of sale if the Buyer becomes insolvent or bankrupt, enters an arrangement with its creditors or is in liquidation or restructuring. In these cases, the prices of the delivered products and services fall due for payment immediately.

14

Applicable legislation

The present General Terms of Sale and all contracts of sale are governed by Finnish legislation.

15

Jurisdiction

Any disputes derived from the present General Terms of Sale or contracts of sale are settled by the general court of first instance of the Seller’s locality.

 

 

February 2021