DELIVERY TERMS & CONDITIONS

DELIVERY TERMS

As of January 1, 2021

SCOPE

These general terms and conditions apply to deliveries between the buyer and Northwood Piers and to the offers, order confirmations and sales and delivery agreements relating to them, as set out below, unless otherwise agreed in writing.

In addition to these terms and conditions, the Consumer Protection Act applies to the agreement between the buyer and Northwood Piers.

OFFER

Northwood Piers' written offer is binding for one month from its date, unless another validity period is stated in the offer. PNorthwood Piers reserves the right to change the delivery date for compelling reasons, such as weather conditions.

The dimensions and weight information given in the offer documents are approximate. The images used on the website or in brochures are indicative and may be specified as product development progresses. The customer acknowledges and accepts that the product is individually tailored and, if necessary, adapted to a specific feature of the shore or bottom. For example, a rocky bottom may affect the installation of the posts of a post pier. The natural shapes of the sheathing planks may affect the visual outcome of the pier deck. Some of the structural solutions may need to be modified during the installation phase, for example due to factors arising from the shore bottom. The customer accepts that a product made of sheathing planks may have variances in dimensions, and that the cuts or angles are not always the same as an industrially manufactured product.

AGREEMENT

A binding agreement is created when the buyer and Northwood Piers have signed the purchase agreement or when the order has been confirmed in another way.

Changes and additions to the agreement must be agreed upon in writing between the contracting parties.

Delivery is under Ex Works delivery terms, unless otherwise agreed.

The contract concerning the order or part thereof may only be cancelled with Northwood Piers' consent, provided that the buyer compensates Northwood Piers for the costs incurred by the cancellation. Northwood Piers has the right to withhold the said costs from the amount of the advance payment made by the customer.

PRICE

The price is fixed and is based on the agreed scope and time of delivery. It includes indirect taxes and fees in force at the time of the conclusion of the contract.

If plans are agreed to be changed after the signing of the procurement contract and the changes cause a change in costs, Northwood Piers is entitled to receive compensation from the buyer for the increased costs and is obliged to provide a refund corresponding to the reduced costs.

OWNERSHIP AND LIABILITY

Northwood Piers has liability, i.e. the risk of destruction, loss or damage to the object of the transaction for all reasons beyond the buyer's control, until Northwood Piers' performance has been handed over to the buyer.

When Northwood Piers is responsible for the transport, the delivery of the goods has taken place when the goods have been unloaded from the means of transport at the construction site or another agreed location, unless a different delivery time has been agreed upon due to the special nature of the delivery (weight, shape, installation method, etc.) or other compelling reasons (for example, in delivery clauses).

If, according to the procurement contract, the buyer is responsible for the transport of the goods, the risk of the goods shall be transferred to him when the goods have been handed over to the transport company designated by the buyer or to the buyer.

After the delivery, the buyer shall be responsible for any destruction, loss or damage to the object of the transaction for reasons beyond Northwood Piers' control, and he shall therefore pay the purchase price regardless of the damage. It is also the buyer's responsibility to ensure the protection of the goods from the time when the risk has been transferred to him by the delivery.

Ownership of the property that is the subject of the transaction shall be transferred to the buyer when the full purchase price has been paid.

ERROR NOTIFICATION

The buyer must notify Northwood Piers or its representative of the error or deficiency within a reasonable time, normally within 7 days of the time when he noticed the error or deficiency or should have noticed it.

When the buyer takes care of the installation or other work that is his responsibility under the contract, Northwood Piers is not liable for damage resulting from work performed incorrectly or contrary to instructions, from a change made without Northwood Piers' permission or contribution, from the fact that work has been continued despite a defect detected in the goods, if this significantly complicates the repair of the defect, from normal wear and tear or deterioration of the goods and materials caused by use.

NORTHWOOD PIERS' LIABILITY

Northwood Piers is responsible for the performance of the assignment in accordance with the contract. Northwood Piers is responsible for the work of the subcontractor as if it were its own. Northwood Piers is liable for direct damages caused to the buyer due to errors and omissions made intentionally or negligently by Northwood Piers. Northwood Piers' liability is limited in all cases to the amount of the purchase price paid by the buyer to Northwood Piers. Northwood Piers is not liable for any indirect damage that may have been caused to the customer. If the buyer is a consumer, Northwood Piers is liable for compensation for damage in accordance with the Consumer Protection Act (L 20.1.1978/38) in force. If the installation is not carried out by a party designated by Northwood Piers, Northwood Piers is not liable for any damage caused to the products by incorrect installation work. Northwood Piers is also not liable for damage to the products during transport if the freight company has not been selected on behalf of Northwood Piers.

Northwood Piers is not liable under any circumstances for personal injury or damage to other property that may have been caused by the use of the Product, unless otherwise provided for by the mandatory provisions of the Product Liability Act (694/1990).

TERMINATION OF THE AGREEMENT

If a party to the agreement materially breaches the terms of the agreement, the other party to the agreement has the right to terminate the agreement. Northwood Piers has the right to terminate the agreement if the buyer is apparently insolvent or is declared bankrupt. If the agreement is terminated, the buyer will pay compensation for the accepted part of the order/transaction in accordance with the agreed charging basis until the termination date or until the completion of the work, if the work is agreed to be performed after the termination date

GUARANTEE

Northwood Piers' warranty is valid for 6 months (material warranty) from the time of delivery of the product, unless otherwise stated in the agreement. The delivery time begins on the day of delivery of the product. The subcontractor's warranty for the products is the same as that granted to Northwood Piers.

The warranty terms do not apply/are not valid:

The warranty is not valid if the agreed price of the agreement has not been paid in full.

Northwood Piers is not liable for defects that are caused by / manufactured by someone other than Northwood Piers' design or drawings.

Defects that are caused by normal wear and tear, negligence, customer negligence, leaving a dock that is being lifted onto the shore for the winter in the ice, or repairs that Northwood Piers has not approved.

Northwood Piers is not liable for damages caused by exceptional weather conditions, high waves, storms, ice movement, or water level fluctuations.

Damage that is cosmetic and damage that is irrelevant to the durability, usability, or structural strength of the product.

Force majeure. In cases that are unpredictable and beyond the control of the parties (war, strike, accident, fire), neither party is liable for failure to fulfill obligations. The party that is subject to force majeure must notify the other party in writing.

Delay by the subcontractor for the above reasons shall also be considered force majeure.

Northwood Piers shall, within a reasonable time after receiving a warranty claim, repair or replace the defect covered by the warranty. Northwood Piers has the right to unilaterally decide whether to repair the defect or replace it by handing over another equivalent Product or by paying compensation corresponding to the decrease in the value of the Product caused by the defect.

1. Controller

Good point Inc., Veräjänkierto 9, 01900 Nurmijärvi, Finland

2. Contact person responsible for the register

Petteri Pietikäinen, info@northwoodpiers.com, +358405464996

3. Name of the register

Northwood Piers customer register.

4. Legal basis and purpose of processing personal data

The legal basis for processing personal data under the EU General Data Protection Regulation is

- a contract to which the data subject is a party

The purpose of processing personal data is to contact customers and maintain customer relationships.

The data is not used for automated decision-making or profiling.

5. Data content of the register

The data stored in the register are: the person's name, contact information (telephone number, email address, information about ordered services and their changes, billing information, other information related to the customer relationship and ordered services.

The IP addresses of website visitors and cookies necessary for the service's functions are processed on the basis of legitimate interest, for example to ensure data security and to collect statistical data on website visitors in cases where they can be considered personal data. If necessary, consent is requested separately for third-party cookies.

6. Regular data sources

The data stored in the register is obtained from the customer, for example from messages sent using www forms, by email, by telephone, through social media services, from contracts, customer meetings and other situations in which the customer provides their information.

Data on contact persons of companies and other organizations can also be collected from public sources such as websites, directory services and other companies.

7. Regular disclosure of data and transfer of data outside the EU or EEA

Data is not routinely disclosed to other parties. Data may be published to the extent agreed with the customer.

Data may also be transferred by the data controller outside the EU or EEA. Data is not transferred to the United States without the express consent of the data subjects.

8. Principles of register protection

The register is handled with care and the data processed by information systems is protected appropriately. When register data is stored on Internet servers, the physical and digital security of their hardware is appropriately ensured. The data controller ensures that the stored data, as well as the access rights to the servers and other information critical to the security of personal data, are handled confidentially and only by employees whose job description requires it.

9. Right of inspection and right to demand correction of information

Every person in the register has the right to check their data stored in the register and demand correction of any incorrect data or completion of incomplete data. If a person wishes to check the data stored about them or demand correction, the request must be sent in writing to the controller. If necessary, the controller may ask the requester to prove their identity. The controller will respond to the customer within the time period stipulated in the EU Data Protection Regulation (generally within one month).

10. Other rights related to the processing of personal data

A person in the register has the right to request that personal data concerning them be deleted from the register ("right to be forgotten"). Data subjects also have other rights under the EU General Data Protection Regulation, such as restriction of the processing of personal data in certain situations. Requests must be sent in writing to the controller. If necessary, the controller may ask the requester to prove their identity. The controller will respond to the customer within the time period stipulated in the EU Data Protection Regulation (generally within one month).

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