TERMS OF DELIVERY
From 1 January 2021
SCOPE
These general terms and conditions apply to deliveries between the buyer and Pitkospuu Laiturit and related offers, order confirmations and sales and delivery contracts with the content below, unless otherwise agreed in writing.
In addition to these contract terms, the consumer protection act applies to the contract between the buyer and Pitkospuuu.
OFFER
Pitkospuu's written offer is binding for one month from its date, unless another validity period is mentioned in the offer. Pitkospuu reserves the right to change the delivery date for compelling reasons, such as weather conditions.
The measurement and weight information given in the tender documents are approximate. The images used on the website or in the brochures are indicative and may become more detailed as product development progresses.
AGREEMENT:
A binding contract is created when the buyer and Pitkospuu have signed the procurement contract or when the order has been confirmed in some other way.
Changes and additions to the contract must be mutually agreed upon in writing between the contracting parties.
Delivery is Ex Works under delivery conditions, unless otherwise agreed.
The contract regarding the order or part of it can only be canceled with Pitkospuu's consent, on the condition that the buyer compensates Pitkospuu for the cancellation costs. Pitkospuu has the right to withhold the mentioned costs from the amount of the advance payment made by the customer.
PRICE
The price is fixed and based on the agreed delivery scope and time. It includes the indirect taxes and fees valid at the time of the contract.
If the plans are agreed to be changed after signing the procurement contract and the changes cause the costs to change, Pitkospuu is entitled to receive compensation from the buyer for the increased costs and is obliged to give a refund correspondingly to the reduced costs.
OWNERSHIP AND LIABILITY
Pitkospuu has risk responsibility, i.e. the risk of destruction, loss or damage of the object of sale for all reasons beyond the control of the buyer until Pitkospuu's product has been handed over to the buyer.
When Pitkospuu is responsible for the transport, the handover of the goods has taken place when the goods have been unloaded from the means of transport to the construction site or other agreed place, unless due to the special nature of the delivery (weight, shape, installation method, etc.) or for other compelling reasons, a different handover time has been agreed.
If, according to the purchase agreement, the buyer is responsible for transporting the goods, the risk responsibility for the goods is transferred to him/her when the goods have been handed over to the transport company or other transporter designated by the buyer.
After delivery, the buyer is responsible for any destruction, loss or damage to the object of sale due to reasons beyond Pitkospuu's control, and the buyer must therefore pay the purchase price regardless of the damage. It is also the buyer's responsibility to take care of the protection of the goods from the moment the responsibility for the risk has been transferred to him/her.
Ownership of the property subject to sale is transferred to the buyer when the entire purchase price has been paid.
POSSIBLE ERRORS
The buyer must notify Pitkospuu or its representative of an error or deficiency within a reasonable time, normally within 7 days after he/she noticed the error or deficiency or should have noticed it.
When the buyer takes care of the installation or other work that belongs to him/her according to the contract, Pitkospuu is not responsible for damage caused by work performed incorrectly or contrary to instructions, changes that were made without Pitkospuu's permission or contribution, the fact that the work has been continued despite a defect found in the goods, if it essentially makes it difficult to correct the error, due to normal wear and tear or deterioration of the goods and material caused by use.
RESPONSIBILITY OF PITKOSPUU
Pitkospuu is responsible for completing the assignment in accordance with the contract. Pitkospuu is responsible for the subcontractor's work as if it were its own. Pitkospuu is responsible for the direct damages caused to the buyer, which are caused by errors and omissions made intentionally or negligently by Pitkospuu.
Pitkospuu's liability is limited in all cases to the amount of the purchase price paid to Pitkospuu by the buyer. Pitkospuu is not responsible for any indirect damage that may have been caused to the customer. If the buyer is a consumer, Pitkospuu is responsible for compensating damages according to the valid Consumer Protection Act (L 20.1.1978/38). If the installation is not carried out by the party designated by Pitkospuu, Pitkospuu is not responsible for any damage caused to the products by incorrect installation work. Pitkospuu is also not responsible for damage to the products during transport, if the freight company has not been selected on behalf of Pitkospuu.
Under no circumstances is Pitkospuu responsible for personal injury or damage to other property caused by the use of the Product, unless otherwise determined by the mandatory provisions of the Product Liability Act (694/1990).
TERMINATION OF AGREEMENT
If the contracting party substantially violates the terms of the contract, the other contracting party has the right to terminate the contract. Pitkospuu has the right to terminate the contract if the buyer is apparently insolvent or is declared bankrupt. If the contract is terminated, the buyer will pay compensation for the part of the order/purchase that has been accepted, according to the agreed charge basis, until the termination date or until the time of termination of the work, if the work is agreed to be performed after the termination date
WARRANTY
Pitkospuu's warranty is valid for 6 months (material warranty) from the moment of delivery of the product, unless otherwise stated in the contract. The delivery time starts from the product delivery date. The warranty for the subcontractor's products is the same as the warranty granted by the subcontractor to Pitkospuu.
The warranty conditions do not apply/are valid:
The guarantee is not valid if the agreed price of the contract has not been paid in full.
Pitkospuu is not responsible for a defect that is caused / produced by someone other than Pitkospuu's design or drawings.
A defect caused by normal wear and tear, carelessness, the customer's negligence, leaving a dock to be lifted onto the land for the winter, or repairs that Pitkospuu has not approved.
Pitkospuu is not responsible for damages caused by exceptional weather conditions, high waves, storms, ice movement, water level fluctuations.
Damage that is cosmetic and damage that is not relevant to the durability, usability or structural strength of the product.
Obstacle force majeure. In cases that are unforeseeable and beyond the parties' control (war, strike, accident, fire), neither party is responsible for failure to fulfill obligations. The party affected by force majeure must notify the other party in writing.
The subcontractor's delay due to the aforementioned reasons is also considered a force majeure.
Pitkospuu must repair or replace a defect covered by the warranty within a reasonable period of time after receiving a claim based on the warranty. Pitkospuu has the right to unilaterally decide whether it will repair the defect or whether it will replace it by handing over another similar Product or by monetary compensation that corresponds to the decrease in value of the Product caused by the defect.