General Terms and Conditions of Fiberworks AS
§ 1 General Provisions, Scope of Application
1. The following General Terms and Conditions regulate the contractual relations between Fiberworks AS (hereinafter referred to as "Fiberworks") and companies that use Fiberworks Internet offers (hereinafter referred to as “Customers”). The General Terms and Conditions refer to the utilization of the website Fiberworks.eu and of all sub-domains belonging to this domain. The decisive version should at all times be the version valid at the time the contract was concluded.
2. For the purposes of this contract, the term “company” means every natural person and legal entity or partnership with legal capacity entering into business relations with Fiberworks during the exercise of their commercial or independent professional activities.
3. Fiberworks Internet offers are directed to companies only.
§ 2 Conclusion of the Contract
1. Fiberworks offers provided on the Internet present a non-binding request to Customer to order goods from Fiberworks.
2. By placing an order for the desired purchase object on the Internet, Customer issues a binding offer for the conclusion of a purchase contract.
3. Fiberworks shall have the right to accept this offer within 14 days. Acceptance shall be effected by sending an order confirmation via e-mail or by delivery of the goods. After fruitless expiry of the period stipulated in sentence 1, the offer will be regarded rejected.
If a confirmation of receipt of an offer is sent, this shall not be regarded as an acceptance of such offer.
§ 3 Payment, Due Date, Default of Payment
1. Payment of the goods shall be effected in advance through bank transfer or direct-e-banking, or against cash on delivery. We Fiberworks reserves the right to exclude certain ways of payment or accept other ways of payment in individual cases.
2. If payment is effected in advance, Customer undertakes to pay the purchase price immediately after the conclusion of the contract. If payment is effected against cash on delivery, Customer undertakes to pay the purchase price upon delivery of the goods. If payment is effected against invoice, Customer undertakes to pay the purchase price within 14 days from receipt of the goods.
3. Should Customer be in default of payment, Customer shall be responsible for any negligence during the period of default. With regard to the performance of his/her obligations, Customer shall also be liable for incidental damages, unless such damages would also have been incurred had performance been effected in a timely manner.
4. Interest shall be due on the purchase price for the time of default. Default interest per annum shall be eight percentage points above the basic interest rate.
5. Enforcement of other damages shall not be excluded.
§ 4 Delivery
1. Delivery shall be effected by shipment of the purchase object to the address stipulated by Customer.
2. Delivery shall be effected against payment of the packaging and shipping costs stipulated in the internet shop under “Customer Information” at the time the order is placed. Should Customer desire a specific type of shipment which leads to higher costs, or should Customer wish partial or advance deliveries, Customer shall be obligated to bear the additional costs as well.
3. Information on shipping times are only binding if confirmed by us in writing as binding. Delays in delivery due to force majeure, war, lack of materials, labor disputes or other circumstances beyond Fiberworks' control automatically extend the time of delivery beyond the end of these circumstances plus a reasonable period.
4. The risk of accidental loss or accidental deterioration of the purchase object shall pass to Customer as soon as Fiberworks has handed the goods over to the forwarder, carrier or any person or entity designated to effect shipment.
§ 5 Reservation of Title
1. The purchase object shall remain the property of Fiberworks up until the time complete payment has been effected. Prior to the transfer of title, the object may not be pledged, transferred by way of security, processed or remodeled without Fiberworks expressed consent.
§ 6 Prices
1. The price for the purchase object as stipulated in the corresponding offer shall be net plus any value added tax which may apply. The price does not comprise any delivery or shipping costs.
§ 7 Cancellation
1. Fiberworks shall have the right to cancel the contract, also with regard to a part of the delivery or service which has not yet been performed, if incorrect information has been provided regarding the customer’s creditworthiness or if objective reasons have arisen with regard to the Customer’s inability to pay, such as the opening of insolvency proceedings against the Customer’s assets or the rejection of such proceedings due to lack of assets which would not cover the costs. Prior to a cancellation, the Customer shall be provided with the opportunity of effecting a prepayment or providing adequate security.
2. Notwithstanding any damage claims, partial services already provided in case of a partial cancellation shall be invoiced and paid for in accordance with the contract.
§ 8 Warranty
1. Fiberworks warrants that the purchase object is free of defects at the time it is handed over.
2. Customer is obligated to immediately examine the delivered goods with regard to deviations in quality and quantity, and to notify Fiberworks immediately of any recognizable defects; in case of a failure to do so, warranty claims cannot be asserted. Fiberworks must be informed of hidden defects as soon as they are discovered. In such cases, the Customer shall bear the complete burden of proof for all facts on which the claim is based, in particular for the defect itself, for the time of detection of the defect and for the timeliness of the notification of the defect.
3. In cases of defects, Fiberworks shall, at its discretion, either provide subsequent rectification or a replacement delivery.
4. The Customer’s claims based on defects shall become time-barred after one year. This period of limitation shall not apply for claims for damages.
5. Should Fiberworks deliver a non-defective purchase object for purposes of subsequent performance, Fiberworks shall be entitled to request that the Customer return the defective purchase object.
6. Any damages incurred due to improper measures or measures not conforming with the contract, carried out by the customer during installation, connection, operation or storage, shall not lead to claims against Fiberworks.
§ 9 Restriction of Liability
1. Unless damage is incurred due to the violation of life, body or health, Fiberworks shall only be liable in as far as such damage is caused by intentional or grossly negligent conduct, or by the culpable violation of an essential contractual obligation by Fiberworks or its vicarious agents. An obligation shall be deemed to be essential for the contract if its fulfillment is what enables the proper execution of the contract, and if Customer may generally rely on it being adhered to. Any further liability for damages shall be excluded. This shall not affect any claims based on a guarantee provided by Fiberworks with regard to the characteristics of the purchase object.
2. State-of-the-art technology cannot guarantee that data communication will be error-free and/or available at all times. Therefore, we shall not be liable for our Internet shop being available at all times.
§ 10 Place of Jurisdiction
All disputes arising from this legal relationship shall be governed by the laws of Norway. The exclusive place of jurisdiction for all disputes under this contract shall be Fiberworks place of business.
§ 11 Severability Clause
Should one of the provisions in these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the remaining provisions in these General Terms and Conditions, unless one of the contracting parties would be unreasonably discriminated by the omission of individual provisions so that it can no longer be expected to adhere to the contract.