JOUCO Oy Packagent: GENERAL TERMS OF SALES
These terms are applicable for all deliveries from Jouco Oy Packagent (vendor) to the purchaser (client) unless the parties have agreed upon something else in writing.
TERM OF DELIVERY:
The term of delivery is ”Ex Works Jouco Oy’s Warehouse at Hämeenlinna Finland” FINNTERMS 2001,
unless otherwise agreed.
Vendor can upon agreement arrange the shipment and transportation on the client’s cost and risk.
The vendor defines the term of payment. The interest on overdue payment is according to the interest law plus invoicing expenses.The client has to pay the invoice despite of a claim.
The ownership of the delivered goods stays with the vendor until the invoice is fully paid.
It is the client’s responsibility to establish the suitability and compatibility of the packages/packaging materials with his products. The vendor can in co-operation with his principals/suppliers give recommendations and advices only.
Because of the size of the transportation packages and hygiene the vendor reserves the right to approximate the quantity of the delivered goods (±10 %).
The vendor has the right for a price adjustment in a case of a significant change in the price of a raw material and/or transport costs. Unless otherwise agreed, the vendor has corresponding right for a price increase because of the legislation, taxes, public expenditure, alteration of the exchange rate after the quotation and/or changes in the prices of the vendor’s suppliers.
The vendor has the right to deliver and invoice the lot stored for the client after the agreed storage time.
The client has to claim eventual failures and/or shortage of goods in writing within 14 days after receiving the delivery.
In the claim there has to be the number of the batch run, date, sort and approximate estimation of the extension of the failure. If the failure or shortage of goods is on the vendor’s responsibility, he has to take back, compensate or repair the rejected goods in a reasonable time on his own expense.
Claim to compensation has to be made in writing and it has to reach the vendor within 30 days after receiving the delivery. If it is under circumstances clear that it has been impossible for the client to realize the loss caused by the failure within before mentioned period of time, also later arriving claims may be taken into consideration.
The vendor is responsible only for the failure that happens in a proper working conditions and when using the material in the right manner. The vendor is not responsible for the failure that is caused by the structure or material defined by the client, inadequate maintenance, false assembly or repair made by the client , a change made by the client without permission in writing or the normal deterioration or aging of the material of the goods.
Liability for loss is restricted at the most to the trade price of the faulty, delayed or non-delivered product or delivery.
The vendor is not liable for any loss of production or sales profits, or any other indirect damages caused by above mentioned failures and/or deficiencies.
The vendor is not responsible for the changes in the delivery caused by forcing incidents, such as strike, closing of factory or other labour disputes, military conflicts, natural catastrophe, fire, requisition, embargo, currency restrictions, coup and disorder, shortage of transport, general shortage of material, restrictions in the supply of power and defects or delays in deliveries by the vendor’s suppliers resulting from aforementioned reasons, or any other circumstance equally important and unforeseen, beyond the control of the party in question.
DISPUTES AND APPLICABLE LAW:
Disputes arising shall in the first hand be settled through negotiations between the parties or if not possible, by a court at the vendor’s domicile at Hämeenlinna. Applicable law is the Law of Finland.
If the parties cannot solve a disagreement concerning the trade agreement through bilateral negotiations, consumer can appeal the matter to the Customer Complaint Board's(www.kuluttajariita.fi) decision.