Terms and conditions
1. Scope of application
These General Terms and Conditions of Sale and Delivery (“Terms”) apply to all deliveries of products and services from Haawal Engineering AS (“Haawal”) to business customers (“Buyer”), unless otherwise expressly agreed in writing. Any deviating terms provided by the Buyer shall only apply if expressly accepted in writing by Haawal.
2. Offers and conclusion of contract
Offers issued by Haawal are binding for 30 days from the date of the offer, unless otherwise stated. A contract is deemed concluded when the Buyer confirms the order in writing, or when Haawal confirms the order in writing.
3. Prices and payment
All prices are quoted exclusive of VAT and other applicable public duties, unless otherwise specified. Payment terms are net 14 days from invoice date, unless otherwise agreed. In the event of late payment, default interest will accrue in accordance with applicable law on late payment interest. If payment is not made within 30 days after the due date, Haawal may suspend further deliveries and require security before delivery.
4. Delivery
Delivery shall be made DDP (Delivered Duty Paid) in accordance with Incoterms 2020, unless otherwise agreed. Stated delivery times are estimates only. Haawal shall not be liable for delays caused by circumstances beyond Haawal’s reasonable control. Delays shall not entitle the Buyer to compensation or cancellation unless the delay is material and due to Haawal’s gross negligence.
5. Transfer of risk
Risk of the product passes to the Buyer upon delivery in accordance with the agreed delivery term.
6. Installation and use
The Buyer is responsible for ensuring that the products are installed, commissioned, and used in accordance with Haawal’s manuals, installation guides, and safety instructions. Haawal accepts no liability for defects, damages, or malfunction resulting from incorrect installation, use contrary to specifications, or lack of maintenance. If installation is carried out by a third party engaged by the Buyer, the Buyer assumes full responsibility for the quality of such work. Unauthorized modifications, alterations, or interventions automatically release Haawal from all warranty and liability obligations.
7. Warranty
Haawal provides a 1-year warranty from the date of delivery against manufacturing and material defects. The warranty does not cover normal wear and tear, improper use, incorrect installation, lack of maintenance, or circumstances beyond Haawal’s control. The warranty is limited to repair or replacement. This constitutes the Buyer’s sole remedy under the warranty. The Buyer is not entitled to a price reduction, contract termination, or compensation for indirect losses.
8. Complaints and defects
The Buyer shall inspect the delivery upon receipt. Visible defects must be notified in writing without undue delay, and no later than 14 days after delivery. Hidden defects must be notified in writing no later than 30 days after the defect was or should have been discovered. Haawal is entitled to remedy the defect or provide a replacement delivery.
9. Limitation of liability
Haawal’s liability is limited to direct losses and shall in no event exceed the purchase price of the specific delivery. Haawal accepts no liability for defects, damages, or other things as described in 6. Installation and use. Haawal shall not be liable for indirect or consequential losses, including but not limited to loss of production, loss of profit, loss of data, or other consequential damages, unless mandatory law provides otherwise. Floods are inherently unpredictable and dangerous. Even with qualified decisions around the use of the portable flood barriers there will always exist a risk of damage to property and personal injury that Haawal cannot accept liability for.
10. Force majeure
Haawal shall be exempt from liability if delivery is prevented or delayed due to circumstances beyond Haawal’s control, including but not limited to natural disasters, floods, strikes, lockouts, war, governmental actions, or pandemics. In the event of force majeure, Haawal may postpone delivery or cancel the contract without liability. If the situation lasts for more than 90 days, either party may terminate the contract without liability.
11. Retention of title
Haawal retains ownership of the delivered goods until full payment has been received.
12. Data protection
Haawal processes personal data in accordance with applicable data protection legislation (GDPR). Personal data is only processed to the extent necessary to fulfil the contract or to comply with statutory obligations. The Buyer has the right to access, rectify, and delete data in accordance with applicable regulations.
13. Governing law and dispute resolution
The contract shall be governed by Norwegian law. The parties shall seek to resolve disputes amicably. If this is not possible, disputes shall be settled by the ordinary courts of law, with Oslo District Court as the exclusive venue.