1. Warmos Heating Ltd Terms and Conditions of Sale
These Terms and Conditions of Sale apply to trade between Warmos Heating Ltd (hereinafter ”Seller”) and business and consumer customers (hereinafter ”Customer”). This document and possible claims based on it, and agreements between Seller and Customer, are subject to Finnish legislation. Seller reserves the right, at its discretion, to change the Terms and Conditions, provided that the changes do not substantially add to Customer’s obligations or constitute otherwise a disproportionate burden to Customer. All customer information is handled with utmost confidentiality.
Pricing is based on prices set out in Seller’s pricelists valid on the date of delivery. Prices in business Customers’ pricelists are normal prices excluding VAT and prices in consumer Customers’ pricelists normal prices including VAT. Customer-specific pricing is taken into consideration when handling and invoicing the orders. A detailed tax breakdown is indicated on the order confirmation and invoice. Business customer prices are subject to VAT in accordance with currently valid legislation. Seller reserves the right to change the prices. Packing and delivery costs are added to the prices. Warmos offers are valid for 30 days, unless the offer states otherwise.
3. Terms of Payment
Terms of payment are agreed between Seller and Customer. Seller retains the legal title to the goods until fully paid.
4. Terms of Delivery
FCA Muurla (Free Carrier, Incoterms 2020) or according to agreement between Seller and Customer.
5. Delivery Time
A normal delivery time for the products in stock is two working days, but faster deliveries are possible. The delivery time for products manufactured on special order are agreed on a case-by-case basis.
6. Delivery Method
We deliver our products using commonly known transportation companies. We can also deliver the goods by using Customer’s freight contract. In these cases, we only add the packing costs to the product price. Customer may also pick up the goods at our factory on working days at 8–16 o’clock at Muurlantie 510, 25130 Muurla. When Customer wishes own freight contract to be used or wishes to pick up the goods at the factory, it must be mentioned when placing the order.
Customer must submit a written complaint on defective products without delay or at a maximum of 8 days after receiving the goods. Customer must agree with Seller on the return method and possible compensation. As a rule, Seller repairs or replaces the defective product with a new flawless one or compensates for the purchase. Returns due to an error on Seller’s part are compensated in full. The freight costs in Finland are included in the compensation. Seller does not compensate for indirect costs. Seller’s liability extends to the price of the purchased product including transportation costs, at a maximum. Returns due to an error on Customer’s part must be agreed on with Seller in advance. When Seller and Customer have agreed on a product return, the maximum compensation is the original purchase price. Packing and transportation costs are not refunded and Customer pays the return transport costs.
8. Transportation Damages
Customer must write down complaints on transportation damages and broken product packaging on the waybill immediately at the receipt of the goods and send a written complaint to the Seller without delay or at a maximum of 8 days after receiving the goods. Seller does not refund for goods damaged under transportation. Customer must seek compensation for the goods from the forwarding company or from an insurance company that has insured the transportation. Seller is not liable for goods damaged under transportation and does not insure the shipments, unless is otherwise agreed.
9. Storage Conditions
Warmos products must be stored in dry indoor spaces to avoid damages to the products.
10. Force Majeure
If there is an obstacle to agreement fulfillment that is beyond the control of Seller, or if fulfilling the agreement would require sacrifices from Seller that are unreasonable compared to the benefit that would be accrued to Customer, Seller has the right to extend the delivery period until such time as the obstacle in no longer present. The Seller must inform Customer immediately about the emergence and removal of such obstacle.
11. Settlement of Disputes
The agreement between Seller and Customer is subject to Finnish legislation. Disputes relating to the agreement, shall be resolved in the District Court of Southwest Finland.