Special Service Terms Project Stock (hereinafter “Service”)
Based on the Project Stock Agreement and the ALSO GTC the parties agree on further terms and conditions in accordance with these Special Service Terms (hereinafter “SST”) for the Service. These SSTs shall take precedence over the GTCs. In case of conflict of these SST and the GTC, these SST shall prevail.
1. Service Description
- 1.1. ALSO will maintain an agreed inventory level of goods for the Reseller for a specified End Customer project, which the Reseller must call off during the set period.
2. Terms and Conditions of the Service
- 2.1. The Reseller shall call off the goods within a maximum of 90 days after ALSO has notified the Reseller the goods have arrived at the ALSO inventory location.
- 2.2. The Reseller acknowledges that ALSO maintains the specified inventory exclusively for the Reseller and accordingly confirms and guarantees that all goods will be called off within the designated timeframe, with no exceptions permitted.
- 2.3. Goods stored in the ALSO warehouse for over 60 days, will incur a monthly storage fee of 1% of their value, directly payable by the Reseller.
- 2.4. Upon expiration of inventory end date as stated in the Project Inventory Agreement, the goods must have been called off by the Reseller. Any remaining goods that have not been called off after expiration of the inventory end date, will be send and invoiced by ALSO to the pre-agreed address as indicated above in this document within a maximum of 30 days after the inventory end date, and the Reseller must accept delivery.
SKU and quantity
- 2.5. In the event of a model change, the Project Inventory for the old SKU must be called off in full by the Reseller before transitioning to the replacement SKU.
- 2.6. Stock models and quantities are determined according to the ongoing agreement between the parties.
- 2.7. The number of SKUs and volume per SKU must be mutually agreed in the Project Inventory Order and shall be continiously maintained through ongoing regular meetings between the ALSO and the Reseller.
- 2.8. Each change in stock models, SKUs and volume and quantities must be confirmed in writing by both ALSO and the Reseller.
3. Price changes
- 3.1. ALSO retains the right to modify cost prices if currency fluctuations exceed 1.5% in either direction.
4. Term and Termination
- 4.1. These SST shall be effective from the date the Customer accepts the project inventory agreement and will remain valid until the Customer has withdrawn all stock associated with the agreement.
- 4.2. ALSO may terminate these SST by providing written notice to the Customer at least one month in advance, specifying the intended date of termination. Upon termination, the Customer remains obliged to fulfil all responsibilities and liabilities accrued prior to the termination, including but not limited to payments until they are fully satisfied.
5. Miscellaneous
- 5.1. ALSO may unilaterally change these SST at any time. ALSO will provide the Customer with notice of any changes, via email or through other means. Reseller's continued provisioning of the Service after a change has been notified, constitutes Reseller’s acceptance of the modified Special Service Terms. A notice from Reseller to ALSO stating that the modfied Special Service Terms are not accepted is invalid.
- 5.2. The contractual relations of ALSO and the Reseller, including these SST and all contracts or individual agreements concluded thereunder, are subject exclusively to substantive law of Norway, excluding the conflict of laws provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (Vienna Sales Convention) and the Hague Convention and private international law.
- 5.3. The exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is ALSO's seat of company. ALSO furthermore reserves the right to take legal action against the Reseller at Reseller's seat of company. This shall not affect the legally prescribed, mandatory place of jurisdiction.