ORDERING
Modino only accept orders from the Retailer by Modino webshop, electronic interface or email. A placed order is binding which also applies to backordered items. When placing orders using Modino webshop, Retailer is responsible for ensuring that all the information is correct.
PRICES
All prices are exclusive of VAT. Prices listed are subject to change without notice. Modino accepts no liability for typographical errors. These typographical errors are not binding for Modino.
BACKORDERS
Goods ordered that are temporarily out of stock, are backordered, and shipped with the next delivery, or within 10 days of the product’s arrival. If the order is intended as a complete delivery, the backordered products will be awaited prior to delivery.
PROPERTY DISCLAIMER
The goods will remain the property of Modino until full payment has been received. Until the transfer of ownership takes place, Retailer undertakes to take good care of the goods received and keep them insured. Retailer is responsible for any damages to the received goods.
TERMS OF DELIVERY
CIP (carriage and insurance Paid to) - the starting point for delivery is made with the first carrier. The goods are insured during transport, which is handled by an agent selected by Modino, up until unloading at the delivery address. Shipping fees are added and are paid per delivery, depending on the selected shipping method. Shipping fees are also added for the delivery of backordered products. Co-packing is done for orders and back orders with the same delivery address, unless otherwise agreed.
TERMS OF PAYMENT
Invoices are sent out with the terms of payment applied by Modino following the usual credit assessment. Any invoice discrepancies must be reported within 7 days of receipt. Penalty interest is charged at 8+2% per month. In the case of delayed payment, Modino reserves the right to immediately suspend further deliveries until the delay in payment has ceased. Modino also reserves the right, in the case of delayed payments, to run a new credit assessment. Modino further reserves the right to make a re-credit assessment at any time.
GUARANTEES
Modino provides guarantees equivalent to the terms and conditions of the relevant manufacturer. The DOA and guarantee service are handled by service partners appointed by the manufacturer. Retailer is responsible for shipping and return costs, unless otherwise specified by the manufacturer.
TRANSPORT
Distribution is handled by carriers selected by Modino. In determining the scope and any visible damage, it is incumbent upon Retailer/end user to carefully check the products received immediately following delivery. If the delivered goods are damaged, or if the number of packages delivered conflicts with the delivery note or bill of lading, this must be unconditionally acknowledged on the carrier’s bill of lading upon receipt. Moreover, Retailer must immediately report the defects or damages in question to Modino. If Retailer fails to meet its obligations in accordance with what has just been stated, it will not be entitled to a rebate or any compensation. A credit for a claim made at the correct time is paid once a claim is settled by the carrier and Modino.
DELAYS
Modino is not liable for any delays caused by the carrier, manufacturer, or other parties.
CLAIMS
It is incumbent upon Retailer/end user to check the goods immediately upon receipt. Claims involving shortages, defects or wrong deliveries must be made in writing no later than 7 working days after the receipt of the goods. In other cases, Retailer/end user will have lost their entitlement to rebates or other compensation. If the delivery does not arrive, a claim must be made within a reasonable time, within three months from the date of order. Visible damage to the consignment must be claimed on the same day to the carrier.
RETURNS
Returns are only accepted for wrong delivery. Retailer shall contact Modino customer service before returning goods. Retailer will receive a return note which accompanies the goods. Returns without a returns note will not be accepted. These returns will be sent back instead and return shipping costs will be charged. Goods returned to Modino must be unused, be in their original packaging and undamaged. All accessories must be included. The returns note is only valid for seven days. The right to return then ceases. Crediting from Modino takes place once the product has been inspected and meets the conditions stated above.
DIRECT DELIVERIES
If requested, Modino can deliver goods direct to end user with an additional handling and shipping fee. Modino grants the Retailer and end user 14 days right of return. Modino has the right to charge the Retailer shipping fees, handling fee and additional fee if the condition of the goods is not considered in new condition when returned to Modino.
LIMITATION OF LIABILITY
Modino is not liable under any circumstances for indirect damages such as loss of profits, benefit or other business losses Retailer might be considered to suffer, nor any other damages that are not reasonably foreseeable by Modino. This includes events beyond Modino control, war, warlike events, civil war, revolution, uprising or pandemic or due to government action, strike, lockout, blockade or similar event.
WEBSHOP MAINTINENCE
Modino reserves the right to regularly perform maintenance of its internet service whereby the ability to access Modino webshop may be temporarily restricted. Modino is not responsible for any damages or inconvenience arising from Modino Online not being accessible or being in a down state. Retailer accepts that any information obtained from Modino webshop or Modino employees is confidential and remains the property of Modino.
MANAGEMENT OF LOGIN DETAILS
Only an authorized signatory for Retailer or an authorized signatory of a contact person designated by Retailer may obtain login details to Modino webshop. Retailer is responsible for entering and continuously updating registered users by customer number and deactivating users who no longer have access to the web shop. The customer numbers and login details that are recorded for the use of Modino webshop are the responsibility of Retailer to protect. Retailer is responsible for all information submitted to Modino AS and all orders placed by order number in Modino webshop.
HANDLING OF PERSONAL DETAILS
By signing the order or completing the retailer application, Retailer approves that Modino stores personal data relating to the client or contact person through data processing.
DUTY OF DISCLOSURE
Retailer shall immediately notify Modino of any changes to circumstances at Retailer that are important for Modino credit assessment of Retailer as a customer. A change of this type means a change of name, board, company, address and/or owner.
BREACH OF CONTRACT AND INSOLVENCY
if Retailer fails to follow-up its obligations stipulated in these general Terms and conditions or changes its corporate name, goes into liquidation, initiates proceedings for corporate restructuring or other similar event occurs, Modino is entitled to cancel existing orders and additionally require immediate payment relating to outstanding claims.
DISCHARGE FROM LIABILITY
Modino is not liable for any financial loss suffered by Retailer, nor for any consequential losses at Retailer or damages to third parties.
DISPUTES
Disputes regarding the interpretation and application of these general Terms and conditions shall be resolved primarily through negotiation and agreement. if the parties cannot agree, the dispute shall be examined in accordance with applicable Norwegian law in a Norwegian court.
APPLICABILITY
it is Retailer’s responsibility to keep updated when it comes to the current price list and general Terms and conditions. The current version of Modino price lists and the general Terms and conditions are available from Modino webshop or can be ordered by phone.
OTHER
Modino reserves the right to change all information, including but not limited to, prices, technical specifications and product offers without notice. Information and prices are provided subject to printing and typographical errors, inaccuracies in specified technical specifications, suppliers', brand price increases and for final sales. Retailer is not entitled to transfer the contract or rights and obligations relating to the contract without Modino written consent. Goods and services provided by Modino is intended for the Retailer and shall not be resold. repacked or rebranded without the written consent from Modino.