When submitted, the order is binding. Upon Volver’s written confirmation of the order, a final agreement on sale and delivery of goods has been entered into. The order is accepted subject to goods, raw materials and the like being available. If unforeseen difficulties arise or if unsatisfactory credit information about the customer is obtained after the acceptance of the order, Volver will be entitled to cancel the confirmed order exempt for liability of any kind or to demand provision of a fully adequate bank guarantee.

TERMS OF DELIVERY

The goods shall be delivered in accordance with ICC Incoterms 2020 ex works factory in China and India, unless otherwise specifically agreed and stated in the order confirmation in exceptional cases. Volver may, depending on the circumstances, assist in arranging dispatch of the ordered goods if this has been agreed in writing and accepted by Volver on a case-by-case basis and always for the customer’s account.

DELIVERY TIME AND DELAY

The delivery time will be stated in the order confirmation.
The Customer is responsible to provide name, address and telephone number in case it has been agreed that Volver arranges the delivery. If the Customer is not available to receive the delivery, extra charges for storage and possible return to the factory apply and will be invoiced to the Customer in full.

Volver shall be entitled to postpone the delivery time by fourteen (14) days and shall immediately notify the customer in writing of any such postponement. In the event of force majeure, cf., however, the provisions below, delivery may be postponed until the obstacle ceases and ordinary trading and transport become possible.

If delivery has not been fulfilled within fourteen (14) days from the stated delivery, the delivery can only be considered as being in delay if the customer has given the Volver a written reminder and delivery has not been performed within fourteen (14) days from Volver receipt of the reminder.

RETENTION OF TITLE

Volver reserves the ownership of the delivered goods until the customer effects full payment. The customer shall pay all costs incurred in connection with the enforcement of the retention of title.

PRICES

All prices of Volver are stated in the agreed currency and are exclusive of VAT. The prices are subject to changes in customs duties, other duties and exchanges rates, and may be raised until delivery is made. Volver will inform the customer of any price changes. The customer shall be free to fix his resale prices. Volver advises the Customer to resell the goods at Recommended Retail Price (RRP) as stated in the pricelist. 

Customers in Norway: Volver performs customs clearance and door delivery. All these charges and VAT are included in the final price and / or final invoice.

Customers outside Norway: Customer is responsible for customs clearance and payment of all customs charges and VAT. The goods cannot be released from the customs and delivered unless these charges are paid by the Customer.

PAYMENT

Unless otherwise agreed in writing, payment from the customer to Volver will be against invoice and is due for payment 14 days from invoice date. Default interest of 2% per month will be charged after the due date in the event of non-payment. Volver may postpone delivery of orders or cancel orders by written notice and without incurring any liability for this if the customer is in arrears with payment for previous consignments delivered. Volver reserves the right to cancel the order if payment is not made on the due date. The customer as a result hereof shall compensate any financial loss that Volver incurs fully.

CANCELLATION OF ORDER

Standard products
The customer's cancellation of the confirmed order can only be accepted with prior written consent from Volver within three (3 days) after the order confirmation by Volver. In case of Volver´s acceptance, the customer shall pay 30% of the order value within 8 days from the cancellation date.

Custom orders
Cancellation of custom order is not possible after the customer receives the order confirmation from Volver. The order confirmation initiates production. All charges in order confirmation apply and are invoiced in full to the customer.

COMPLAINTS ON NON-CONFORMITY AND REMEDIES

Any complaint on non-conformity shall be submitted in writing and must be received by Volver no later than five (5) days after delivery or - if delayed - expected delivery of the goods. In the event of non-visible damage, the complaint shall likewise be submitted no later than five (5) days from when the defect or deficiency could have been ascertained upon careful inspection, however, no later than two months after the delivery date. If a part of the order is not delivered, is delayed, or if part of the order is defective or deficient, the order may only be cancelled for this part of the order. Any complaint must be specific, documented and contain a precise specification on the contents of the complaint. No returns will be considered without prior written approval by Volver. In the event of non-conformity, Volver shall not be liable for any direct or indirect business interruption loss, loss of profit, or any other consequential loss whatsoever. In any event, the maximum liability shall be equal to repayment by Volver to the customer of the payment made for the delayed or defective part of the order.

No complaints will be considered if the customer has failed to fulfil the following responsibilities:
- to provide correct name and code of the product and specifications of quality, backing and edging;
- approve the sample for color, pattern and quality;
- to provide correct “as built” measures including details, listing and openings;
- to check if there is any damage during the transport at the time of delivery. If there are any such damages, these must be documented in written, photographed and reported immediately. The cases without proper documentation will not be submitted to reclamation.
- to check color matching and pattern repeat prior to installation of carpet rolls to be installed next to each other;
- to provide a suitable and flawless subfloor, correct treatment, and compliance with the Installation guide.

 

No complaints will be considered if the customer raises complaint on specifications stated in the Product Catalogue and the official website www.volverstudios.com

RETURN
Delivered carpets are only to be credited if they are returned after preceding written agreement with Volver and if wrapping is satisfactory and secure. Otherwise, the product is returned at the customer´s expense and risk.

INSTALLATION, DISMANTLING AND CLEANING

Volver Studios AS does not perform installation, adhesion, dismantling and cleaning services. Please contact your local contractor for these services. Defect claims in connection with these services are a liability of the contractor.  

EXEMPTION FROM LIABILITY (INCLUDING FORCE MAJEURE)

The Parties shall not be liable if the following non-exhaustive circumstances of force majeure occur and prevent or postpone the performance of the Agreement: war and mobilization, riot and civil unrest, acts of terrorism, natural disasters, strikes and lockouts, scarcity of goods, faults, defects or delay in delivery from sub-suppliers or if sub-suppliers are otherwise hit by the present circumstances, fire, lack of means of transportation, exchange control regulations, import and ex-port restrictions, death, illness or absence of key staff members, computer viruses or any other circumstances that are beyond the Parties direct control.

In such case, the Party shall be entitled to postpone fulfilment of the obligation until the obstacle has ceased or, alternatively, to cancel the Agreement in full or in part without incurring any liability for this, if the obstacle causes fulfilment to be postponed for more than six (6) months.

Volver shall be liable for injury and damage caused Volver products after the products have been placed on the market to the extent that law requires this. Notwithstanding the above Volver shall not be liable for any direct or indirect business interruption, loss, loss of profit, or any other consequential loss whatsoever.

Processing of personal data may occur for the purposes of executing the customer’s order. Accordingly, any personal data may be disclosed to other independent data controllers such as freight carriers etc. for the purposes of fulfilling the customer’s order.

Any processing of personal data is subject to all necessary security procedures and will be deleted when storage hereof is no longer required or necessary.

This Agreement shall be governed by and construed in accordance with Norwegian law, disregarding the Norwegian choice of law rules to the extent that such rules would otherwise lead to the application of any other law than Norwegian law. The Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Any dispute, controversy, or claim arising out of or in relation to this Agreement, or the breach, termination, or invalidity thereof, which cannot be settled amicably between the Parties, shall be brought before a Norwegian District Court applicable to Volver´s head office.

The proceedings and the award shall be confidential without time limit. It is agreed that no appeal on any question of law otherwise may be made to any court. In the event debt collection by Volver is required, Volver may at its own discretion decide to recover the debt at the customer's venue in accordance with the applicable law in the relevant country.