1 Payments are to be made in Euro or Pound Sterling unless otherwise agreed. Please note that any fees arising from the payment need to be borne by the buyer. Payments are to be made in advance. On a continuing relationship the payment terms can be individually discussed.
2 Shipping costs are not included in the price and will be determined at the lowest possible cost for each customer. Efforts will be given accommodate the customers wishes in regards to the form of transportation. Packaging is done to the highest standards; even so shipments will be insured unless otherwise agreed.
3 Inspections of the shipment before signing the receipt papers is important. We urge all our customers to check the goods immediately upon arrival, and report any issues directly to the delivering authority. In order to validate the insurance claim, the damage to both parcel and goods should to be documented and reported to us as well.
4 Taxes and Duties are the obligation of the customer. We are not responsible for any import restrictions, but we do our best to inform the customer of any restriction we are aware of.
TERMS & CONDITIONS
Standards Terms and Conditions for the Sale of goods by Utopia & Utility LLC
The Standard Terms and Conditions of sale set out below are applicable for all purchase orders, price quotations, invoices, offers and other forms of sales (“Agreements”). These terms are the only terms and conditions applicable to purchases and no terms or conditions delivered with or contained in the buyers (“Customer”) purchase order will form part the contract unless specifically agreed with a managing member of Utopia & Utility (“Company”). Acceptance for the delivery of goods by the customer will be deemed to be a conclusive and binding evidence of the customer’s acceptance to these terms.
1. Prices and terms of payment: (a.) The prices are quoted in Euros or Sterling pounds. Quoted prices are valid for a term of thirty (30) days unless otherwise agreed upon with a managing member of the company. Payment shall be made in full prior to shipment of goods. For returning customers other arrangements may be made in writing by a managing member of the company. (b.) The price quoted for goods applies to the product at its current destination only and does NOT include shipping, transportation, packaging, insurance or other transportation charges (“Shipping charges”). (c.) The company reserves the right to correct any error in prices.(d.) Late payment will be subject to statutory interest from the date payment is overdue.
2. Taxes, customs and import restriction: (a.) The prices quoted are exclusive of all state, national, federal or local taxes. Sales taxes or value added taxes are not included in the price unless specifically agreed upon with the company. All customs duties, tariffs, taxes, special assessments or restrictions are sole responsibility of the customer. The customer is solely responsible for the payment of the above.
3. Delivery: (a.) The delivery time will be specified in agreement made with the customer. The company shall use reasonable commercial efforts to deliver within the specified timeframe. The choice of carrier and type of packing will be at the discretion of the company unless specified and agreed upon between the company and the customer. (b.) The company will not be liable for any direct or indirect loss in profit, costs, charges or damages caused by any delay in the delivery of the goods. (c.) In case of non-delivery of goods the liability of the company is limited to issuing a credit rate at the rate of the agreement within reasonable time.
4. Inspection: (a.) Upon arrival the customer is responsible for inspection of the goods. Any damages or losses must be noted on the delivery receipt. (b.) All claims for loss and/or damage during transit must be made in writing to the delivering company. Failure to do so may result in failure of claim for losses or damages. The company shall be notified of any damages or losses immediately. Unless the customer provides the company with written notice of any claim for visible defects in the goods within five days after receipt of shipment, such good shall be deemed as finally inspected and accepted by customer.
5. Cancellation and returns: (a.) Orders may not be cancelled, terminated or modified after acceptance except where a managing member of the company agrees to this in writing. (b.) Returns are not accepted unless agreed upon with a managing member of the company. Surcharges may apply and refunds will only be given after the goods have been received and inspected. The customer is responsible for any additional charges caused by the return as well as insuring the shipment.
6. Force Majeure: The Company shall not be liable to the customer in any manner or be deemed to be in breach of contract, if the failure to perform the company’s obligations was due to any cause beyond the Company’s reasonable control. The following are included as causes beyond the company’s control: Governmental actions, war or the threat of war, acts of terrorism, disasters (natural or other), fires, riots, sanctions, blockades, embargoes, shortage of labor, fuel, materials, supplies, manufacturing facilities, or transportation, subcontractor delay. Other delays, condition or circumstance not within the company’s control can also apply.
7. Liability: (a.) The Company shall under no circumstances or event be liable for any consequential, incidental, special, indirect or punitive damage to any person. (b.) The former applies for breach of strict liability, warranty, negligence, tort or any other theory. (c.) Consequential damage shall include, without limitations, loss of income or profit, losses sustained due to injury or death to any person, damages or losses in property.
8. Intellectual Property and Trademarks: No part of these standard terms and conditions shall grant the customer any rights to the designs or other intellectual property of the company. All designs, technical information, trade secrets and copyrightable material remain property of the company.
9. Choice of law: (a.) These standard terms and conditions of sale shall be governed by the laws of Finland without regards to principles of conflict laws. Any and all actions, lawsuits and proceeding brought against the company in relations to these terms and conditions or the matter hereof shall be brought to the courts located of the county where the company is registered. (b.) The United Nations Convention on International Sales of Goods (CISG) is disclaimed by the customer and the company. (c.) The customer consents unconditionally and irrevocably to this exclusive jurisdiction and waives any objection may have hereto.
10. Construction: These standard terms and conditions in conjunction with those on the face side of the company’s invoice embody the complete agreement between the customer and the company. All prior correspondence, representation, discussions and agreements are superseded by these terms and conditions. In case any provision of the terms and conditions is invalid or unenforceable under any jurisdiction it shall be modified or deleted to the extent mandatory to comply with the existing rules.