Standard terms and conditions for the purchase of services - Tratec Norcon

1. APPLICATION

1.1 These general terms and conditions apply to all assignments for services performed for the buyer, unless otherwise agreed in writing.

1.2. If the supplier uses or refers to other general or special terms of delivery, for example in its order confirmations or invoice documents, the deviations have no effect on the purchase, unless the parties expressly agree otherwise in writing.

2. PERFORMANCE AGREEMENT

2.1. An agreement on the performance of services shall be entered into either in the form of: a) a written assignment order and written order confirmation or b) another written contractual document. Verbal orders that are not confirmed in writing shall be considered invalid.

3. REQUIREMENTS FOR QUALITY ASSURANCE AND HMS

3.1. The seller must have a satisfactory quality assurance and HSE system that is adapted to the nature of the purchase. Relevant system requirements based on ISO 9001, OHSAS 18001 and ISO 14001 or equivalent must be met.

3.3. The Seller and its subcontractors shall ensure that the UN's human rights and ILOS guidelines are observed.

3.5. When delivering chemical substances and products, the Seller is responsible for ensuring that regulatory safety data sheets are registered and maintained in the Product Information Bank (PIB) in Norwegian, and for covering the costs of this.

3.6. The Buyer shall have the right to carry out quality audits of the Seller and its suppliers.

4. PERFORMANCE OF THE SERVICE

4.1. The Supplier shall perform the service in accordance with the specified requirements, specifications, etc. and otherwise in accordance with recognised technology and first-class workmanship in accordance with the applicable industry standards from time to time.

4.4. The Supplier shall not transfer significant parts of the service to subcontractors without the Buyer's written consent.

4.6. Agreed key personnel at the supplier shall not be replaced without the approval of the buyer.

5. PROGRESS AND COMPLETION OF THE ASSIGNMENT

5.1. The Supplier shall carry out and complete the assignment in accordance with the agreed timetable.

5.2. When the supplier considers the service or an agreed part of it to be completed, he shall immediately notify the buyer in writing.

6. CHANGES

6.1. The Buyer has the right to prescribe any changes to the service that may be desirable, and the Supplier is obliged to implement these.

6.2. If the supplier wishes to claim that the notified changes entail a change in the agreed price or schedule, he shall notify the buyer in writing before the change is implemented.

8. PAYMENT

8.1. The price shall be fixed and exclusive of VAT and include all services and labour required to complete the service.

8.5. Unless otherwise agreed, payment shall be made 60 days after receipt of the correct invoice, provided that contractual delivery has taken place.

8.9. The Supplier shall, within 90 days of the Buyer's acceptance of the performance of the Service, send a final invoice which shall include all the Supplier's outstanding claims.

9. DELAYS

9.4. Unless otherwise agreed, in the event of delay, the Supplier shall pay liquidated damages for each calendar day. The penalty shall amount to the higher of NOK 5,000 or 0.3% of the total remuneration, limited upwards to 15%.

10. WARRANTY AND DEFECTS

10.2. The Buyer shall make a complaint in writing within a reasonable period of time, but not later than 24 months after the service has been completed.

10.3. If the buyer makes a complaint, the supplier shall immediately rectify the defect at its own expense.

14. SECRECY

14.1. All information exchanged between the parties shall be kept secret and shall not be made available to outsiders without the written consent of the other party.

17. CHOICE OF LAW AND VENUE

17.1. These general terms and conditions are subject to and interpreted in accordance with Norwegian law.

17.2. Legal action shall be brought before Kristiansand District Court.