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Terms and conditions

Welcome, new or current customers! Thank you for choosing Cathwell.

Introduction

Your purchase is with Cathwell AS, incorporated in Norway, VAT registration no: NO985532508MVA with registered office at Kongshavnsgate 18, PO box 68, NO-3993 Langesund, Norway.

Applicability

These terms and conditions govern the sale of products or services by Cathwell directly or through our online store at www.cathwell.com.

Please read these terms and conditions carefully and make sure that you understand them before ordering any services and/or products from our site. Please note that by ordering any services and/or products, you agree to be bound by these terms and conditions, unless otherwise agreed upon in writing signed by an authorised representative in Cathwell.

Who can use our services?

To be authorised for using our online store, you must be an employees of a VAT registered company, unless you are a contracted external consultant who may use our services exclusively on their behalf. Cathwell does not sell directly to consumers (private individuals).

Cathwell reserves the right to refuse shipment and accept or reject orders and inquiries in its own discretion, and for any reason. Cathwell will decline orders and requests from companies or countries where we see challenges to recover funds that are past due, or from accounts that are in default. Further, Cathwell will refuse orders and requests from who we are unable to collect sufficient knowledge about assets, liability or other factors affecting our understanding of their creditworthiness.

Changes to our terms

These terms and conditions may change at any time as we improve and change our products and services. You should check this website frequently for updates.

Your order

We will do our best to fulfil your order or inquiry, but cannot guarantee to do so. For authorised users of our online store, we will confirm receipt of your request and acknowledge that this being processed. However, no order is accepted and no contract is created between you and us unless confirmed acceptance, which will be issued to you by email.

Terms of sale

Unless you have made special arrangements directly with us, the following terms of sale will apply:

  • Delivery terms: In accordance with Incoterms 2020 (to be further agreed).
  • Payment: In advance of delivery (credit terms are granted for certain customers).
  • Further terms: As stated in these terms and conditions and in our order confirmation, which will be issued by e-mail.

Delivery of goods and services assume that previous due payment obligations to the recipient and affiliated companies are settled.

Return, rejection and cancellation

You may cancel any order free of charge and without giving us any reason, provided we have not started processing and any costs have been incurred. We begin processing orders placed almost immediately. Cancellations or modifications are subject to Cathwell’s prior written consent in each instance. If cancellation or modification is allowed, buyer agrees to pay to us all expenses incurred and damage sustained on account of the cancellation or modification.

To be eligible for a return, the product must be unused and in the same condition that you received it. If an eligable product are returned to us, we will issue a partial refund based on the following terms:

  • MGPS/ICAF antifouling products: 50 % of the sales value.
  • Sacrificial anodes: 50 % of sales value.
  • ICCP hull material and shaft grounding products: 75 % of sales value.
  • Other products: 75 % of sales value.
  • Material customised to your request: Between 0 to 50 % of the sales value (to be further agreed).

We urge you to properly mark returned products with traceable information (PO number, sender name, etc.) in order not to delay the refunding. Cathwell will usually start processing the refund on a return within one week after receipt of returned products at Cathwell’s warehouse. Return costs (freight, declaration, etc.) are held by client.

Inspection and acceptance control

Products purchased under these terms are subject to inspection and acceptance control at receipt, notwithstanding any prior payment. Failure to reject products within a reasonable time after delivery, constitutes acceptance, provided that the buyer has had a reasonable opportunity to inspect the goods. Two weeks is considered a reasonable time allowed for inspection, under normal cirmumstances. A rejection must state the reason(s) for rejection with particularity.

Intellectual property

All services and content on our web sites, including software, code, pictures, illustrations, trademarks and logos are owned by or licensed to Cathwell. We reserve all rights not expressly granted in these terms. You agree not to use Cathwell’s name, trademark, logo or Cathwell’s generated content without our written consent.

Ownership and risk

Ownership of products and/or services purchased under these terms will pass to client once Cathwell receives payment in full. That transfer of ownership does not mean that client own any intellectual property in the products or services you purchase from Cathwell. Ownership of such intellectual property remains with Cathwell and any applicable software licensors.

If the contract is terminated before that passing of ownership occurs, Cathwell may recover any products supplied to client, who agree to assist Cathwell in such circumstances.

The client shall not assign its rights or its obligations under contract without the written consent of Cathwell.

Products purchased under these terms are at buyers risk from the time of delivery, as regulated in accordance with Incoterms 2020. The client shall at all times bear responsibility for suitable storage of delivered products purchased under these terms, in accordance with normal practice.

Liability

Our liability of sales does not include any losses or damage incurred by any business, trade, craft or profession carried on by you or any other person using products and/or services purchased under these terms.

In no event shall Cathwell, including its affiliates and subsidiaries, be liable for anticipated or lost profits or for special, punitive, indirect, incidental, or consequential damages. Cathwell’s total liability on any claim of any kind for any loss or damage whatsoever arising out of or in connection with or resulting from products or services purchased under these terms, or from the performance or breach thereof, shall in no case exceed the price allocable to the products or services or units thereof which gives rise to the claim.

Products purchased under these terms are guaranteed against manufacturing defects for a period of 12 months from the date of delivery from Cathwell. The maximum liability of the guarantee is limited to the value of the system components supplied by Cathwell. Repair work covered by the guarantee will be carried out by a Cathwell representative charging only for travel and living expenses.

Force majeure

Cathwell shall be allowed to suspend or terminate the performance of its obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal or impossible.

Classification

The products purchased under these terms are often approved as part of or together with other systems. Hence, they are usually not subject for explicit classification approval. If explicit classification approval is required, the cost for the approval process and possible material modifications are to be held by the client.

Documents required to execute delivery

The client warrants that all documents and licences required in connection with his import of the products purchased under these terms and/or the stay of Cathwell’s personnel, shall be made timely available.

Terms of use and priority of documents

The parties acknowledge that these terms and conditions shall constitute the controlling agreement between the parties in any sales by Cathwell. In the event of any discrepancy or inconsistency between these terms and any terms in the inquiry, purchase order or referring documents that are issued prior to our order confirmation, these terms and conditions shall prevail.

If you do not agree to and accept these terms and conditions, you do not have the right to by or use our products, services or web site content, and should cease using them immediately.

Disputes

Any dispute under this agreement and related hereto, we will try to resolve with you quickly and efficiently. If you are unhappy with us please contact us as soon as possible.

If negotiation fails or if any of the parties want to take court proceedings, Nedre Telemark Tingrett in Norway will have exclusive jurisdiction in relation to these terms.

How to contact us

Please forward any comments, complaints or questions you may have to contact@cathwell.com.

Thank you for choosing Cathwell. We look forward to being of service to you.