Delivery terms

1. Contract with its appendices and/or order confirmation

2. Finbin/Lehtovuori Oy's general terms of delivery

3. General Terms and Conditions for the Procurement and Delivery of Construction Products (RYHT 2000)

 

Scope of application

These terms of sale and delivery apply to offers made by Finbin/Lehtovuori Oy (Seller), orders received, and/or contracts concluded for the sale and/or delivery of goods or services (Products) to customers (Buyer/Ordering Party) in Finland, unless otherwise agreed in writing by the parties. A delivery contract is always deemed to be concluded under these terms when the Seller has confirmed the Buyer's order in writing, even if the Buyer submits or refers to their purchase terms in the order or otherwise, without the Seller needing to expressly object to the application of the Buyer's purchase terms. The Seller reserves the right to make changes to the products and product catalogue without separate notice. An order placed by the customer becomes binding on the Seller only if, and to the extent that, the Seller has separately confirmed the order in writing at its own discretion.

 

 

Contract and formation of the contract

A contract is formed when the customer verbally or in writing accepts a given offer. A contract refers to all types of sales, procurement, or delivery contracts made between the Seller and the customer, whether made verbally or in writing, including by phone or email, by sending an order and/or order confirmation, or by concluding a separate written agreement.

 

Customer data and its utilization

We only store mandatory customer data to enable customer service and ensure smooth transactions. We store, among other things, the following information in our customer register: name, company, email, phone number, and address. We reserve the right to utilize this information in post-marketing, unless the customer states otherwise in writing. In connection with deliveries, we store the necessary billing and delivery information, as well as which products have been delivered and to whom, to enforce warranty conditions. We also reserve the right to photograph products at delivery sites and use the images and sites in our marketing. See the privacy policy.

 

Price

The price of the products and deliveries is the price confirmed in the order confirmation at any given time. The price of an offer is valid only for the period specified in the offer or for a maximum of 1 month from the submission of the offer. If the Seller has made a new offer, the price according to the latest offer is valid. If, after the offer has been made, the costs related to the manufacture of the products have changed significantly, the Seller has the right to increase the price by sending the buyer a new offer before the previous offer is accepted and the order confirmation is sent.

 

Order changes and delivery

The Seller will send the customer a written order confirmation for the ordered products. Any changes to the order must be communicated immediately, but no later than 7 days from the dispatch of the order confirmation. If a confirmed order is changed by the customer after these 7 days, the Seller has the right to demand additional compensation for the incurred costs and to inform the buyer of the amount of the additional compensation and a new delivery time. If the order cannot be delivered at the scheduled time due to reasons attributable to the customer, the Seller has the right to collect additional costs incurred from storing and transporting the products.

 

Retention of title

The Seller retains ownership of the products until the payment for the products and delivery has been fully credited to the Seller's account. If the customer does not pay the purchase price within the agreed time, the Seller is entitled to charge default interest as defined in the Interest Act from the due date to the payment date, as well as other costs incurred due to the delay. If payment has not been made despite a written request or if there is reasonable doubt about the customer's solvency, and the customer cannot provide the necessary security for the receivable, the Seller may prohibit the delivery, attachment, or installation of the goods at the customer's site and, at the customer's expense, separate the products sold to the customer into its possession.

 

Buyer's obligations

The Buyer is obliged to inspect the delivery immediately upon arrival. Any damage caused during transport must be recorded on the consignment note. Delivery shortcomings or product defects must be reported when unpacking, but no later than 7 days after receiving the products.

The risk of damage transfers to the Buyer when the goods have been delivered to the Buyer, to the company performing the product installation, or to an independent carrier for transport, in accordance with the contract, unless otherwise specified in the delivery clause of the order confirmation. If the goods are not delivered on time due to the Buyer's delay, the risk of damage transfers to the Buyer when the Seller has done what is required of him according to the order confirmation to enable delivery. The responsibility for insuring the goods then transfers to the Buyer.

The Buyer must ensure that its subcontractors and experts perform their tasks professionally and according to the agreed schedules. The Buyer is also responsible for the road leading to the unloading site being passable and that the site roads are in such a condition that the agreed transport equipment can move on them without obstruction, and that the unloading site is in proper condition.

If the Seller or its partner offers installation for the products, the Buyer or ordering party is obliged to ensure that the installation site is ready as agreed and that unnecessary items have been cleared from the installation site. If the installation fails due to reasons attributable to the Buyer or ordering party, the Seller or its subcontractor has the right to demand compensation according to the incurred additional costs.

 

Documents and rights

All drawings and technical documents required for the assembly and commissioning of the products, which the Seller provides to the Buyer before or after the conclusion of the contract, remain the property of the document provider. The Buyer may not, without the Seller's written consent, use, reproduce, duplicate, or disclose them or provide information about them to a third party. The documents must be returned at the Seller's request. Each party is responsible for the accuracy of the plans and documents it provides, as well as the underlying information, and for adhering to the agreed schedules.

 

Liability for defects and deficiencies

The Seller is responsible for a defect in the goods that was present when the risk of damage transferred to the Buyer, even if the defect becomes apparent only a reasonable time after the transfer of the risk of damage. The Buyer cannot invoke a defect in the goods if the Buyer does not notify the Seller of the defect within a reasonable time after discovering the defect or from when the defect should have been discovered during a reasonable inspection of the goods. The Seller is not responsible for a defect that results from the structure or base to which the Seller's product is to be installed not having been designed or implemented in accordance with good design, construction, or installation practices, nor for a defect resulting from improper use of the product or neglect of maintenance instructions. For a defect in the product, the Seller's liability for damages covers only the direct costs related to rectifying the product. However, the compensation for damages can be at most the price of the Seller's delivery.

 

Product rights

The Seller owns the product, design, and marketing rights to its products. These rights are the property of the Seller, and the Buyer does not in any situation acquire rights to these. The Buyer has no right to copy or attempt to duplicate the products supplied by the Seller or to contribute to such activity without the Seller's express written consent, regardless of whether the products are patented, design protected, or otherwise protected or not. The Buyer is liable for direct and indirect damages arising from the aforementioned activity or contributing to such activity.

 

Product warranty

The Seller provides a 12-month warranty for the product from its delivery date, unless otherwise stated. The Seller is obliged to promptly remedy all defects and deficiencies in its performance that appear during the warranty period, once informed. The Seller undertakes to remedy defects by providing, free of charge, either the necessary replacement parts or a new product. The Seller has the right to decide on the necessary measures to rectify the product. The Buyer is obliged to take care of the installation of replacement parts, unless otherwise agreed in writing. The Seller's liability does not extend to defects caused by normal wear and tear, negligence by the buyer, or neglect of maintenance instructions.

 

Contract termination

The Seller has the right to terminate the contract if the Buyer commits a material breach of its contractual obligations. If the Buyer is in such a financial condition that there is reasonable doubt about its ability to fulfill its contractual obligations, the Seller has the right to terminate the contract.

If the Buyer has failed to fulfill its payment obligations, the Seller has the right, instead of terminating the contract, to temporarily suspend delivery until the overdue payments have been made or an agreement has been reached in writing between the parties regarding their payment. The agreed delivery time is then considered to have been postponed accordingly. If the contract is terminated for the aforementioned reasons, the Seller has the right to full compensation for costs and damages resulting from the non-performance of the contract.

The Seller has the right to terminate the contract without liability for damages if the procurement or delivery must be interrupted for a prolonged and indefinite period due to force majeure.

 

Dispute resolution

If a disagreement arises between the parties, a solution should be sought based on the provisions of the contractual documents and the principles derived from them, even when the contractual documents do not provide a direct answer to the disputed issues. Disputes and disagreements are primarily sought to be resolved through mutual negotiations. If an agreement cannot be reached through mutual negotiations, disputes will be resolved through arbitration in accordance with the arbitration rules of the Central Chamber of Commerce. The arbitration court will be held in Tampere and the language will be Finnish. There will be one arbitrator. The parties jointly nominate a mediator to be confirmed by the board or, at the request of one or both parties, request the board to appoint a mediator.

 

Payment term

The general payment term is 7 days from delivery, unless otherwise agreed in writing. The Seller has the right, due to the lack of a prior customer relationship, the Buyer's financial situation, or the nature of the project, to also require advance payments or securities to secure receivables.