Application
These terms of sale (later “Terms of Sale”) apply to all transactions performed by Terästarvike Oy. The Terms of Sale are displayed on Terästarvike Oy’s website and are available on request from Terästarvike Oy. By placing an order, the buyer accepts the Terms of Sale. If the buyer, when ordering, presents a term that is inconsistent with the Terms of Sale, Terästarvike Oy’s Terms of Sale will automatically take precedence. Exceptions to the Terms of Sale can only be made in writing.
Offer
The offer is valid for two weeks, unless otherwise stated. Prices are without other agreement NOL Helsinki Fi01, VAT 0%. Terästarvike Oy reserves the right to change prices by the delivery date if exchange rates, delivery costs or product manufacturing costs independent of Terästarvike Oy change by more than 2%, more than 9.5% per year or at least 20 euros if the order is less than 100 euros. In this case, prices change in the same proportion.
When ordering a special product, the material requirements must always be specified. Terästarvike Oy adheres to general tolerances unless otherwise agreed.
Order and order confirmation
The offer is not a binding sales contract. The agreement is created only when Terästarvike Oy confirms with the order confirmation the order made by the buyer. The buyer must make comments on the order confirmation within 7 days of the date of confirmation, and no later than before delivery or start of production of the product.
Delivery and delivery times
Delivery times of the offer are approximate and require immediate order. The delivery time is calculated when the contract is completely clear commercially and technically and Terästarvike Oy has confirmed the order. This delivery date mentioned in the order confirmation is not binding, unless otherwise agreed. Terästarvike Oy will do its best to deliver the ordered products within the time specified in the order confirmation and will notify the buyer of any delay in delivery at the earliest possible stage. Even if the order is delivered after the deadline stated in the order confirmation, Terästarvike is not obliged to compensate any costs or damages, unless the delay was due to Terästarvike Oy’s intent or gross negligence. If Terästarvike Oy does not deliver the order within a reasonable additional time set by the buyer, the buyer has the right to terminate the contract.
The goods are deemed to have been delivered when they have sent to the buyer or when the buyer has been informed that they are ready for delivery. The products are delivered in shipping packages where the goods are protected from normal transport handling. If the goods require special packaging, the packaging will be charged separately. If the buyer does not pick up the products, Terästarvike Oy has the right to send the products to the buyer or store them at the buyer’s responsibility and expense. In both cases, the buyer is obliged to pay the purchase price of the product.
The quantities of the product delivered by Terästarvike Oy may deviate by no more than 10 percent from the quantity stated in the order confirmation. The purchase price is always determined according to the quantity delivered.
Termination of the contract
The transaction is binding and irrevocable. Goods delivered correctly in accordance with the order confirmation cannot be returned. If Terästarvike Oy or the buyer violates the agreement or the Terms of Sale to a significant extent, it is possible to terminate the agreement in writing. If the buyer’s financial circumstances or operations prove to be such that there is a reason to assume that the buyer will not be able to fulfill its obligations arising from the contract, Terästarvike Oy has the right to terminate the contract. If the production becomes impossible due to production or technical reasons, Terästarvike Oy also has the right to terminate the agreement.
If compliance with the agreement becomes impossible for Terästarvike Oy due to force majeure or is delayed for such a long time that it substantially impedes the buyer’s business, either party has the right to terminate the agreement. Force majeure is considered to be matters beyond Terästarvike Oy’s control, such as war, insurrection, forced seizure or confiscation by the authorities, import and export ban, natural disasters, interruptions in public transport or energy supply, labor disputes, fires and other similar matters. Where force majeure is invoked, the parties shall notify the other immediately upon the occurrence of the obstacle. The buyer has no right to demand compensation from Terästarvike Oy for a delayed or canceled delivery due to force majeure.
Payment
The payment term is 14 days from the date of the net invoice, unless otherwise agreed. Ownership of the goods does not pass to the buyer until the full transaction amount, including any default interest, has been paid. Terästarvike Oy also always has the right to demand an advance payment as a condition of delivery. Terästarvike Oy will charge interest on the delay in payment for the period between the due date of the invoice and the date of payment. If the buyer does not pay the full purchase amount by the due date, Terästarvike Oy has the right to suspend its delivery to the buyer without notice.
Improper delivery and warranty
The buyer must make a notice of incorrect delivery within 8 days of delivery or receipt of the invoice. Terästarvike Oy corrects or replaces such detected and displayed defects in the structure, material or manufacture of the goods that are not due to normal wear and tear, improper storage, misuse, or improper handling or maintenance. Products to be repaired or replaced will be returned to Terästarvike Oy unless otherwise agreed. Terästarvike Oy is responsible for the costs of return and exchange caused by its own fault. Terästarvike Oy is not liable for indirect, consequential, or financial damage, such as lost profits. Terästarvike Oy indemnifies for damages within the framework of product liability insurance.
Applicable law and settlement of disputes
Finnish law applies to the agreement. If any disagreement cannot be resolved otherwise, a third party agreed by both parties will be taken to resolve the matter. If the matter cannot be agreed in this way, the decision of the matter will be transferred to the Helsinki District Court.