TERMS and CONDITIONS
Buyer
When the buyer is a company, corporation, entrepreneur or a legal person governed by public law, the business must be registered and provide to the seller a VAT number (in the EU) or another company registration number which can be used to identify the business (outside EU). In these business transactions a consumer law is never applied. The vendible machine is a special automotive industry tool and it is required the buyer has experience from the industry to use the machine.
Price
All the prices are in the currency of Euro (€) and the prices are net prices without value added tax. The buyer must note that in some countries there are also additional customs duties and those are not included in the list prices. The buyer needs to take care of the duties if they are applicable. If the buyer is a consumer, VAT will be added on top of the price.
Payment
The seller is entitled to charge an advance payment. If the buyer cancels the purchase after the advance payment, seller retains the advance payment and the possible incomplete/complete commodity in every case, irrespective of what the reason for the cancellation of purchase is.
The order is confirmed when the order confirmation is approved and the advance payment is received. The estimated delivery time is starting from the date of receiving the advance payment. If the advance payment is received after the due date of the invoice, the seller is entitled to set a new delivery date, which may differ significantly from the original estimated delivery time.The second and final payment is due upon completion of the machine and prior to dispatch.
In case the buyer’s second balance payment is delayed, the seller is entitled to claim compensation (contractual penalties) from every incipient delay week with the amount of 2,5% of the total purchase price.
If the delay in the second payment is more than 3 months, the seller reserves the right to have the contract rescinded and sell the commodity to a third party in the most appropriate way, retain the advance payment and recover costs to compensate the costs caused by the delay and cancellation of the contract.
Cancellation of the distance selling agreement (consumers only)
The consumer has the right to cancel a distance selling agreement by providing a clear written notice to the trader, no later than 14 days after receiving the goods or the last batch of goods specified in the sales agreement. When canceling the sale, the consumer is always responsible for the costs of returning the goods (freight and packaging costs) and for ensuring that the goods are adequately and properly insured during transportation. It is important to note that the goods cannot be returned by ordinary packaging methods or without insurance during transportation. If the consumer fails to adequately package the goods or obtain sufficient and proper transport insurance when canceling the sale, they will be fully liable for any damage or destruction of the goods based on the actual costs incurred. The costs of returning the goods, including insurance costs, cannot be disclosed in advance, as they depend on the insurance provider and various factors that affect the freight costs.
End user training
End user training is mandatory. The training is held in the seller’s facilities and is included in the price of the machine excluding accommodation and travel expenses. Seller will arrange the free user training session after receiving the order. Additional training sessions are available for a fee. Due to COVID-19 the user training can be arranged by phone and remote access if the seller approves it.
Standards
All the products are CE-marked. They are designed for the European Economic Area (EEA) and European Free Trade Association (EFTA) countries. CE-marking means that the product meets EU standards for health, safety, and environmental protection. The seller is not responsible for the compliance of standards outside of the EU/EEA/EFTA.
Delivery
The delivery is executed in accordance with Incoterms 2020 if there are no exceptions agreed either in the order agreement or these standard clauses. The seller will arrange the delivery and invoice the transportation costs from the buyer.
The buyer is obliged to receive the delivery immediately as it arrives. If the buyer does not accept the delivery, the seller is not responsible for the return costs.
If the buyer does not accept the delivery as it arrives, it terminates the seller’s risk of the goods and the seller will not take any position on the transport operators rights and obligations. The risk passes to the buyer. The seller is not responsible for the storage of the goods on behalf of the buyer in the country of destination in any way. If the buyer does not accept the delivery and the goods are damaged during the storage the warranty will be discontinued. This has exceptions in case the seller still holds the property rights during the transportation (if not 100% of the sales price is paid).
If there is a damage occurred during the transportation, the buyer is obligated to report it immediately to the transportation company and seller. The buyer needs to make sure the transportation company makes a note about it.
The buyer is also entitled to arrange the transportation by themselves. The risks of the transportation are then on the buyer. In case the buyer arranges the transportation themselves and the final destination is outside of Finland, they must provide a certificate of the transportation to the seller. The certificate must state who transported the goods, when the goods were transported from the country (date), with which means of transport the transport took place (for example van, reg. no. ABC-111, name of the vessel) and where the transport ended. If a shipping company is used, the buyer needs to give the CRM and freight invoice for the seller for proof that the goods were actually transported to the final destination. More information on the papers needed in Intra-Community transactions https://eur-lex.europa.eu/eli/reg_impl/2018/1912/oj
If the buyer does not arrange the delivery and the goods are not picked up despite of what has been agreed, the seller reserves the right to charge for the delay. See section Payment for contractual penalties. If the delay takes more than 3 months, the seller reserves the right to have the contract rescinded and sell the commodity to a third party in the most appropriate way, retain the previous payments and recover costs to compensate the costs caused by the delay and cancellation of the contract.
In case the seller still holds the property rights during the transportation (if not 100% of the sales price is paid), and the buyer does not accept the goods when delivered to the destination and doesn’t pay the final balance payment, the seller reserves the right to transport the goods back to its origin and charge the direct and indirect costs that it incurs as a result of annulment of purchase, packaging, transportation and returning the goods.
When the the final balance is paid and the goods have been dispatched the seller’s ownership of the goods is terminated and the seller will not take any position on the transport operators rights and obligations. The ownership passes to the buyer. The seller is not responsible for the storage of the goods on behalf of the buyer in the country of destination in any way. If the buyer does not accept the delivery and the goods are damaged during the storage the warranty will be discontinued.
Retention of ownership
The ownership is transferred during dispatch on the condition that the gross purchase price is fully paid.
Warranty
General warranty is 12 months, eddy current brakes warranty is 24 months on Small hub dyno and 12 months on Medium hub dyno. Warranty is limited for some parts that are considered to be consumable parts or parts like sensors, which are used to monitor values from the car, for example lambda sensors, map sensors etc. Those parts are listed below. The seller only warrants that those parts are free from defects in material and workmanship and the warranty is 30 days.
Sensors for monitoring values from a car like lambda, temperature, pressure and speed sensors.
Hub adapters.
Parts replaced during the warranty period become the property of the seller and must be given to the seller immediately.
During the warranty period, if a defect is discovered, the buyer shall without delay notify the seller and the seller reserves the right to repair or replace the product or component with a new or reconditioned piece without charge to buyer. The buyer does not have the right to claim the termination of the contract.
The repair is done in the seller’s manufacturing facilities within a reasonable time starting from the reception of the machine. The seller is not responsible for any delays in the transportation.
The buyer is obligated to pack and transport the machine or part to the seller at their own cost with transportation pre-paid. The seller is not responsible for the delays in transportation, force majeure or other reasons the out of the seller’s possibility to influence.
If buyer asks for a reparation at a location of their choosing and that is separately agreed as an exception to the normal procedure, the seller is entitled to charge working hours, travel and accommodation costs and daily expense allowance. The buyer must note that not all repairs are possible to execute outside the seller’s factory.
The warranty does not cover damages due to misuse or accident, external causes, lack of technical skill to use the machine or use contrary to instructions or purpose. The warranty is also discontinued if the machine is modified. In these cases the seller has the right to charge the costs, both direct and indirect as a result of diagnostics.
Flaw
In case of a flaw or delay the seller is only responsible for the direct damages that it has caused due to negligence. The maximum possible amount of compensation is the sales price of the commodity. The buyer is obligated to prove that the flaw or delay is caused by the seller.
The seller is not responsible for any delay that it has not had a fair influence on. For instance the seller is not responsible for a delay in the delivery of the goods caused by a sub-contractor or due to a serious illness or death of key individual of the company.
In the case that the flaw or delay is not caused by seller’s negligence, the buyer does not have the right to cancel the purchase until the estimated delivery time has been exceeded by three months.
The seller is not responsible for contractual penalties in case of flaw or delay.
Technical specifications
The buyer must carefully become familiar with the features of the machine, the technical information provided by the seller and delivery contents and is responsible for the machine’s suitability for intended purpose.
Technical support
Reasonable technical user guidance is included in the purchase price for the first 6 months and it is granted to the first buyer. After resale, the technical support is available for an additional fee. Technical support concerning detected defects is free of charge during the warranty period.
Software updates
Software updates are free of charge during the warranty period if the user has notified the seller of a defect or flaw. Software updates that include or add new features are chargeable.
Terms of the agreement and applicable law
The terms of the sale are only done in writing between the seller and the buyer. In the case of conflict the interpretation order of the documents is following: 1. Sales agreement 2. These standard terms
In case an act, rule or condition is not included in the sales agreement or these standard terms, the Finnish law will apply. Incoterms 2020 is applied to deliveries unless it is in conflict with the sales agreement or these standard terms.
In the legal proceedings the Finnish law is applied.
Resolution of disputes
Possible legal disputes between parties are judged in the District Court at the place of residence of the seller in case negotiations won’t lead to an agreement.
Dynolyze® / Powerbyte Oy, Syväojankatu 25, 15700 Lahti, Finland. FI26596009.
+35844 9728001 info (at) dynolyze.eu