General delivery terms of stone aggregates from 1/1/2016
Validity of terms
These delivery terms shall apply to all deliveries where the seller, KM Viita Oy, delivers stone aggregates to the customer, unless otherwise agreed. The delivery terms shall also apply to oral orders. The delivery terms supersede any terms presented by the customer, unless otherwise expressly agreed in writing.
The price of delivery shall be determined in accordance with a separate quote or price list. The currently valid value-added tax shall be added to prices.
The payment term is fourteen (14) days unless otherwise specified in the quote. The ownership of the sold stone aggregate shall be transferred to the customer, when the invoices concerning the entire batch have been paid.
In delivery sales, the customer is responsible for the construction site and private roads’ usability, condition and load-bearing capabilities. The customer is responsible for the information provided in connection with the order concerning product standard and application.
In delivery sales, the transport price shall be added to the invoice. The price is determined according to the mileage and the site.
Stone aggregates shall be delivered during weekdays between 7.00am – 4.00pm on a date agreed at the time of ordering. The customer shall arrange for a receiver at the unloading location of the load. The customer shall inspect the delivery batch prior to unloading.
In collection sales, the customer is obliged to inspect and approve the product in connection with loading, and in case of delivery sales, prior to unloading. The customer is obliged to immediately inform of any observed faults or shortcomings. By installing or deploying the product, the customer approves the product on a final basis. All notices and claims for damages concerning the product shall however be made in writing within seven (7) days of unloading the load.
The seller reserves the right, without any obligation to damages, to either move the delivery or partially rescind the delivery agreement due to force majeure, such as war, rebellion, riots, strikes, lockouts, or due to damages, natural catastrophes or traffic interruptions concerning late or undelivered machinery or raw materials, machinery or plants, or comparable delivery interruptions or problems.
The seller’s responsibility in all cases is no more than the price of the delivery batch. The seller is not responsible for any indirect damages.
Any disputes caused or related to delivery shall be settled at the District Court of Helsinki, or if either party demands so, at the single-member arbitral court in accordance with the Chamber of Commerce’s arbitration guidelines. The location of arbitration is Helsinki and the language used is Finnish. The seller does however have the right to claim enforcement concerning presumably undisputed receivables from the District Court of Helsinki.