Terms and conditions

HEATCO FINLAND OY | General Terms and Conditions

1. GENERAL

Area of Application

These Terms and Conditions replace the previous delivery conditions and enter into force immediately. These Terms and Conditions are applied to all transactions between the seller and the customer. For the purposes of these Terms and Conditions, Heatco Finland Oy is the Seller and the customer is the Purchaser.

Prices

Pricing is based on prices valid on the transaction day, from which the Seller grants discounts in accordance with its sales conditions. In case of products other than stock products, the pricing will be agreed on each occasion separately. The Seller reserves the right to adjust the transaction prices after the conclusion of the contract if the exchange rates that directly affect import prices, taxes, parafiscal charges, or other charges independent of the supplier of the goods should change before the delivery date. We reserve the right to change prices with two weeks’ notice.

2. TERMINATION OF TRANSACTION

Offers and sales conditions

The Seller’s offers are valid for the period stated in the offers, unless otherwise agreed. If no validity period has been stated, the period is 30 days from the date of the offer. The recipient of the offer is not entitled to use the offer or related documents to the detriment of the Seller or to disclose information provided in them to third parties. If the amount of the offer exceeds the credit limit agreed for the customer, the credit terms must be agreed separately.

Order

In case of offer-based transactions, a contract is concluded after the Purchaser has accepted the Seller’s offer without any changes or reservations. In other cases, the transaction takes place after the Seller has confirmed the order or delivered the goods.

3. SELLER’S LIABILITIES

Delivery time

The delivery time must be confirmed separately for each transaction. Unless otherwise agreed, the delivery time is considered to start from the latest of the times stated below.

1. from the date of contract conclusion
2. in case of transactions requiring the permission of an authority, from the receipt of the permission notice by the Seller
3. from the provision of the agreed collateral or advance payment
4. from the provision of requisite information for the delivery by the Purchaser

Delay

Immediately on being informed of a delay, the Seller must notify the Purchaser thereof. In the same connection, the reason for the delay and the estimated new delivery time must be stated. If the Purchaser does not complain about the new delivery time within five (5) working days after receiving the notice, the Purchaser is not entitled to terminate the contract.

Warranty

Any goods sold are covered by their manufacturers’ warranty.

Properties of goods

The Seller is responsible for the quality and properties of the goods only in accordance with the information specified in the contract and other information provided by the Seller. The Purchaser is responsible for correctness of the data submitted to the Seller with respect to the intended use of the goods.

Indirect damages

The Seller is not liable to compensate for indirect losses sustained by the Purchaser because of a delay or faulty delivery.

Reservation

Our products are subject to continuous development, for which reason we reserve the right to make changes. There may be differences between the actual product and the product described in the catalogue without a separate notice. We are not responsible for any printing errors that may occur.

4. PURCHASER’S LIABILITIES

Payment of transaction price

If there is no separate agreement regarding the payment period, the period is 14 days net. The payment period is calculated from the delivery date; in case of pick-ups, from the pick-up date. If an invoice is incorrect in some respects, the customer shall inform the Seller about it within seven (7) working days. However, to the extent that the invoice is valid, it must be paid by the due date.

Freight

Freight is charged according to the actual freight costs according to a separate agreement. The freight price is confirmed before delivery.

Acceptance inspection and damages to goods

Upon receipt of goods, the Purchaser or the Purchaser’s representative must certify that the delivery is in accordance with the consignment note and make sure the goods are externally undamaged. Any damages and defects must be reported immediately to the carrier and an entry must be made in the consignment note. Any damage/defects resulting from transport will not be compensated unless promptly registered in the carrier’s consignment note. Any faults or defects related to delivery must be reported in writing to Heatco within 7 days of receipt of the goods. The package may be taken apart into individual parts if the entire package was not destroyed during transport.

Complaints

If the goods delivered are defective in any way, the Purchaser is required to notify the Seller of the defects within seven (7) working days from the date of receipt of the goods. The Seller is primarily entitled either to repair the defect or to deliver new goods. However, to the extent that the goods are not defective, the Seller shall pay the transaction sum by the due date.

Returns

Returns are accepted only based on prior agreement. We refund 70% of the sales price of unused and undamaged products in their original package. For dirty products that require washing, but are fit for sale afterwards, not more than 35% of the sales price will be refunded. In case of products included in a product assembly priced as a single unit, returns will not be refunded. Purchases made more than 6 months ago will not be refunded. Return of any goods must always be agreed in advance and the return must take place immediately after complaint notice submission. Goods and their packaging must be returned in flawless condition. Refunds and return-related expenses must be agreed upon separately on a case-by-case basis.

Storage of goods

The Purchaser shall store any supplies received in a locked room until the transfer of their ownership to the Purchaser. The Purchaser is liable to provide compensation if the goods are stolen from the work site or subjected to vandalism due to inadequate storage.

Transfer of ownership and possession

The Seller shall remain the owner and possessor of the goods until they have been paid for in full. The Purchaser is not entitled to use the goods in its production, i.e., to incorporate them into any products manufactured by the Purchaser or to resell the goods before the purchase price has been paid in full. In all circumstances, the property is considered to be separated from assets of the debtor or of the bankruptcy estate in accordance with Chapter 5 and Section 6 of the Bankruptcy Act.

Interest on arrears, collection fees

In the event of a delay in payment, interest on arrears shall be charged in accordance with the Interest Act. The Seller is entitled to charge reasonable collection costs from the Purchaser.

5. CANCELLATION OF CONTRACT

The Purchaser’s right of cancellation

If a delivery by the Seller differs essentially from that agreed and, notwithstanding notification, the non-conformity is not rectified or new goods are not delivered within a reasonable time, or if a delivery is delayed owing to the Seller to the extent that it causes the Purchaser unreasonable inconvenience, the Purchaser is entitled to cancel the contract. The Seller is not liable to compensate for any indirect losses sustained by the Purchaser because of the cancellation of contract.

The Seller’s right of cancellation

If payment of the purchase price is substantially delayed for reasons beyond the control of the Seller or if it obvious from the Purchaser’s notice or otherwise that the Purchaser’s payment will be substantially delayed, the Seller has the right to cancel the contract. If the Purchaser does not contribute to the transaction as agreed or otherwise reasonably required, the Seller has the right to cancel the transaction. If the Purchaser should breach its obligations provided for in this contract, the Seller shall have the right to cancel the sales contract. In the event of termination of the sales contract due to breach of its obligations by the Purchaser, the Seller is not obliged to compensate the Purchaser for any prior damages or damages caused by the termination.

Force majeure

The Seller is not obliged to carry out the contract if any force majeure, such as natural conditions, fire, machine damage, strike, war or traffic disruption, prevents the delivery of the goods or part thereof. Neither is the Seller required to fulfil the contract when this would require sacrifices by the Seller that are unreasonable compared to the resulting benefit to the Purchaser.

KSE 2013

In HVAC design assignments and other assignments related to survey, research, mapping, measurement, inspection, design, development, supervision or similar services provided by our HVAC designers, we comply with the general terms and conditions of consulting (KSE2013).