These terms of sale and delivery apply to the purchase of paint, consumables, and other products (“the Goods”) from Westing AS (“the Seller”) to the customer (“the Customer”). By placing an order, the Customer accepts these terms.

The terms in force at any given time are available on this page.

1. General

Sales and delivery take place in accordance with the Norwegian Sale of Goods Act, with the clarifications set out here. Written, specific agreements between the Parties take precedence over these general terms.

The Customer is responsible for familiarizing themselves with the applicable terms before making a purchase.

2. Ordering, offers and contract formation

Orders may be placed via e‑mail or telephone and are binding once received by the Seller.

An offer from the Seller is binding for 30 days unless otherwise agreed.

A contract is considered concluded when the Customer accepts the offer in writing – or by making payment.

Changes cannot be made after the order has entered production. Changes after this point are considered additional orders.

3. Delivery and product quality

The Goods are delivered in accordance with applicable laws, regulations, and technical specifications. Standard packaging is used, and packaging costs are included in the price.

4. Place and time of delivery

The Goods are delivered to the agreed place and time.

Delivery is considered completed when the Customer or their representative has signed for receipt.

For customer pickup, the Goods are considered delivered when collected from the Seller.

Risk transfers to the Customer upon delivery.

The Customer may cancel the purchase if delivery is delayed by more than 14 days beyond the agreed time.

If an absolute delivery deadline has been agreed, the Customer may cancel in the event of non‑delivery.

The Seller is not liable for indirect losses such as operational downtime or lost profits.

5. Prices and payment

All prices are stated excluding VAT.

Payment must be made within the agreed deadline.

Late payment incurs interest according to the Norwegian Interest on Overdue Payments Act.

The Seller retains a security interest in the Goods until full payment has been received.

6. Customer obligations

6.1 Choice of solutions and products

The Seller’s recommendations are based on information provided by the Customer. The final assessment must be made by the Customer and any partners. The Seller is not responsible for consultancy assistance unless this has been agreed in writing.

6.2 Receipt of the Goods

The Customer must:

• Ensure drivable access to the delivery location
• Facilitate placement of the Goods

If the Customer cannot receive the delivery, the Goods will be stored at the Customer’s expense and risk.

6.3 Duty to inspect

The Customer must:

• Inspect the Goods upon delivery
• Note visible damage or shortages on the freight document/delivery note
• Unpack and inspect the Goods without undue delay
• Report damage in writing and document with photos before the Goods are used

6.4 Return of goods

Special products such as paint are sold without a right of return. Returns may only take place by written agreement and provided that:

• The product is undamaged and unopened
• The item can be returned to stock without additional cost
• The return occurs within 3 days after project completion

The Customer covers all costs related to returns, except in cases of delivery errors caused by the Seller.

7. Complaints

Complaints must be submitted in writing within a reasonable time after the defect was, or should have been, discovered.

• Transport damage/shortages: must be noted upon delivery and signed by the driver.
• Other defects: must be reported without undue delay.
• Delay: must be reported immediately when delivery should have taken place.

8. Defects in the Goods

The Goods are considered defective if they do not meet the agreed quality requirements at the time of delivery.

The Seller shall:

• Deliver a new item at no cost if the item has not been used
• Either deliver a new item or credit the invoice price if the item has been used

Compensation is only provided for documented loss caused by the Seller’s negligence and is limited to the value of the Goods.

9. Breach of contract and limitation of liability

The Seller is not liable for indirect losses such as operational downtime or lost profits.

Complaints must be submitted:

• Immediately for deviations that should have been discovered upon receipt
• Within 14 days after hidden deviations were, or should have been, discovered

The Seller must be given access to necessary documentation and samples.

10. Product liability

The Seller’s liability covers only damages included under the Norwegian Product Liability Act or other mandatory legislation.

The Seller is not liable for damages caused by:

• Incorrect use
• Use on unsuitable surfaces
• Exposure to conditions the product is not intended for
• Incorrect storage or handling

10.1 Limitation of liability

The Seller’s liability for property damage is limited to NOK 1,000,000 per incident.

10.2 Indemnification

The Customer shall indemnify the Seller against third‑party claims to the extent the Seller’s liability is limited under these terms.

10.3 Notification

The Parties shall notify each other immediately of any third‑party claims.

10.4 Legal venue for product liability claims

Both Parties are obliged to submit to the jurisdiction of the court handling a product liability claim.

11. Disputes, governing law and legal venue

The Parties shall attempt to resolve disputes through negotiation. If this does not succeed, Norwegian law applies.

The legal venue is Møre og Romsdal District Court, unless otherwise required by mandatory legislation.