1. General

These terms and conditions of sale and delivery apply to the agreement for the purchase of paint and consumables etc. (the "Goods") between Westing AS (the "Seller") and the buyer (the "Customer"). The Seller and the Customer are hereinafter referred to jointly as the "Parties".

Sale and delivery of Goods from Seller to Customer shall be in accordance with the provisions of the Norwegian Purchase Act, with the exceptions and clarifications set out below. Separate and written terms and conditions agreed upon between the Parties shall take precedence over these general terms and conditions of sale and delivery.

The customer is obliged to familiarize himself with the terms of sale and delivery that apply at the time of purchase. The terms and conditions that apply at any time are available on the Seller's website: www.westing.no/salgsbetaling

2. Order, offer and conclusion of agreement

The Customer can order goods via email or telephone. The order is binding on the Customer when it is received by the Seller.

By placing an order, the Customer also accepts these terms and conditions of sale and delivery.

Unless otherwise agreed, an offer given by the Seller is binding for 30 days from the date of the offer. If the Seller has given an offer to the Customer, the agreement is considered concluded when the Customer has accepted the Seller's offer in writing or by payment. The Customer cannot make changes to the order after the order has been put into production at Westing. After this time, changes will be considered additional orders.

3. Delivery and product quality

The goods must have the quality and function that follows from applicable laws and regulations, as well as technical data sheets and specifications where applicable.

The Seller's standard packaging is used for delivery. Otherwise, such transport packaging as the Seller deems necessary is used. The packaging is included in the price.

4. Place of delivery and time of delivery

The Goods shall be delivered at the place and at the time or within the period agreed between the Parties. Unless otherwise expressly agreed between the Parties, the Goods shall be deemed delivered when the Buyer or the Buyer's representative signs for the goods received ("Delivery").

If the Customer is responsible for shipping the Goods themselves, the Goods are deemed Delivered when they are collected at the Seller's location.

Upon Delivery, the risk of any loss or damage passes to the Customer.

The customer is only entitled to cancel the order if the delivery is delayed by more than 14 days from the agreed delivery time. If the customer has stated an absolute delivery time, failure to deliver will entitle the customer to cancel the order without further compensation.

Under no circumstances shall Seller pay compensation for operating losses, lost profits or other indirect losses.

5. Prices and payment

All prices are stated excluding VAT. The Customer shall pay the agreed purchase price within the deadline agreed between the Parties and in accordance with the payment terms stated on the invoice. Payment is deemed to have been made when the amount has been credited to the Seller's account.

If the Customer does not pay when due, he shall pay interest in accordance with the Interest on Late Payment Act of 1976, unless another interest rate is stated in the invoice. The interest shall run from the due date.

The seller has ownership rights (sales pledge) in the delivered goods until the purchase price plus any interest and costs has been paid in accordance with Section 3-14 et seq. of the Mortgage Act when delivery is made directly to the person using the goods.

6. Customer's obligations

6.1 Choice of solutions and products

Paint specifications from the seller are based on information available from the customer at the time of preparation and are the seller's recommendation under these assumptions. The final assessment must be made by the customer in consultation with its partners, if necessary. The seller is not liable for consultancy assistance provided to the customer unless the seller has expressly and in writing assumed such liability, and only if the loss caused by the assistance is due to the negligence of the seller or someone for whom he is responsible. Under no circumstances does such liability include operating losses, lost profits and other indirect losses. The same liability limit as stated in clause 9.3 also applies to the seller's consultancy liability. Otherwise, reference is made to our Technical Charter at www.westing.no/technicalcharter

6.2 Receipt of the goods

The Customer must ensure a drivable route to the delivery location, and have arranged for the Goods to be placed in a suitable location.

If the Customer, or the Customer's representative, is unable to receive the delivery at the agreed time, and a place has not been agreed where the Goods can be placed by the carrier, the Seller will arrange for storage at the Customer's expense and risk until handover can take place. In such cases, Delivery is deemed to have taken place at the agreed time of delivery, and risk relating to the products to have passed to the Customer.

The Seller is not liable for errors or delays in delivery resulting from the Customer's failure to make the necessary arrangements for delivery either directly or through the Customer's representative. The Seller is not liable for damage to the Customer's property unless this is due to the Carrier's gross negligence.

6.3 Obligation to inspect upon delivery and after unpacking

Attached to the delivery is a delivery note/waybill stating the contents of the delivery, number of packages, etc.

The Customer is obliged to check the delivery for any qualitative or quantitative defects, or visible transport damage when delivery takes place. If the Customer becomes or should have become aware of any errors, defects or damage, this must be noted on the delivery note/waybill.

The Driver and Customer must, by signing the delivery note/waybill, confirm that the Goods have been received in accordance with the agreement, and that they were not visibly damaged upon delivery.

After the Goods have been delivered, the Customer must unpack the Goods without undue delay and carry out a proper inspection of the delivery. Defects or transport damage discovered after unpacking the Goods must be reported to the Seller as soon as possible, and before the goods are put into use. Notification of damage must be sent to the Seller in writing, and contain a description of the situation. The notification must also be documented with photographs.

7. Return of goods

Standard goods are not sold with a right of return and can only be returned by prior agreement. Broken goods are not returned. In the event of incorrect deliveries, return shipping is covered by the Seller.

7.1 Complaints

If the Goods have a defect, the Customer must, within a reasonable time after the defect was or should have been discovered, send a written complaint to the Seller, and give notice that the defect will be invoked. The Customer's duty to investigate and make a complaint in connection with receipt of the Goods is regulated in clause 6.3 above.a) Complaints about transport damage or shortages in the number of packages must be made upon arrival of the goods, and damage or shortages must be stated in the consignment note and signed by the driver. The Customer must be able to document such damage or shortages for the carrier.b) Complaints about defects must be made without undue delay after the defect has been or should have been discovered.c) Complaints about delays must be made immediately after delivery should have taken place.

7.2 Defects in the goods

The goods have a defect if, at the time of delivery, they do not comply with the quality requirements agreed between the parties. The seller's liability for technical recommendations is regulated in clause 6.1 above.

If the delivered goods do not meet the specifications and the goods have not been used, the seller is obliged to deliver a new, faultless product as soon as possible after the Customer's complaint at no cost to the Customer. The Customer is obliged to return the defective goods in accordance with the agreement with the seller and at the seller's expense and risk.

If the delivery has been fully or partially used, the seller is obliged, at its own discretion, and as soon as possible after the Customer's complaint, to deliver a new, faultless product or to credit the invoice price for the defective product.

In addition to what is stated in the above points, the seller is obliged to pay compensation only for documented losses that the Customer has suffered as a result of the defect, and only if the seller or someone for whom he is responsible has been guilty of negligence. Compensation can also only be claimed if the Customer proves that he has followed the conditions and procedures, including storage procedures, specified by the seller or the product data sheet, insofar as deviation from these could have caused the loss. The Customer's duty to inspect in connection with receipt of the Goods is regulated in points 6.2 and 6.3 above. The compensation is in any case limited to the value of the goods.

8. Default and complaint

Under no circumstances shall the seller pay compensation for operating losses, lost profits or other indirect losses. The limitations of liability in this section apply regardless of whether the purchase is cancelled as a result of the defect or not.

The buyer must make a complaint without undue delay if the goods deviate from the specifications in a way that should have been discovered during a proper receipt inspection. If the deviation from the specifications can only be ascertained after the delivery has been put into use, the complaint must be made within 14 days from the day the deviation should have been discovered.

The customer must make a written complaint to the seller within the above-mentioned deadlines. Failure to do so will result in the customer losing the right to claim the defects.

In the event of a complaint due to defects in the goods, the seller shall be given full access to reports or documents relevant to the use of the products and shall be given access to take samples of the Goods.

9. Product liability

The Seller's liability only covers personal injury or property damage that is demonstrably caused by the delivered goods and for which the Seller is liable under the Product Liability Act (Act of 23 December 1988 No. 104) or other mandatory legislation.

The Seller is not liable for any damage that can be attributed to incorrect use or unusual use of the Goods. The same applies if the goods are used on a surface or are exposed to influences such as weather or humidity for which the Goods are not intended. The Seller is also not liable for damage resulting from inadequate or inappropriate storage. It is the Customer's responsibility to prove that the damage is not due to failure to comply with the manufacturer's instructions for use of the goods. The Customer must also prove that the damage is not due to circumstances as mentioned in the first paragraph.

9.1 Unless otherwise agreed, the Seller's liability for property damage is limited to NOK 1 million for each accident. The Seller's liability under no circumstances includes operating losses, lost profits or other indirect losses.

9.2 To the extent that the Seller is held liable for product liability towards a third party, the Customer is obliged to indemnify the Seller so that the Seller's liability is limited in accordance with clauses 9.1 - 9.3.

9.3 If a third party makes a claim against one of the parties for liability under this clause, that party shall immediately notify the other thereof.

9.4 The Seller and the Customer are mutually obliged to be sued in the court that handles claims for damages brought against one of them on the basis of damage allegedly caused by the delivered goods.

10. Dispute, choice of law and venue

Before a dispute is brought before the courts, the parties are obliged to attempt to reach an amicable settlement through negotiations. If the parties fail to reach an amicable solution, the dispute will be settled in accordance with Norwegian law.

Norwegian law shall apply to any dispute regarding these terms and conditions and deliveries made pursuant to them.