(Updated October 18, 2017)
1.1 The Customer enters an Agreement about Assignment with Blinck AS, org. number 917 535 221 (hereafter the Agreement and the Supplier). These terms and conditions regulate the Agreement, unless something else is specified.
1.2 The Terms and Conditions regulate the Customer’s purchase of the Deliverables from the Supplier. The Supplier has the right to change the Terms and Conditions through written notice on this web page. The Terms and Conditions are valid as of the provided date.
2.1 The Supplier’s prices are provided in a specific Offer Letter, alternatively in ‘blinck pricelist, version, date’. The Supplier has the right to change the price list through written notice.
ORDERING, CANCELLATION AND DEFINITIONS
3.1 The Supplier and the Customer accept that Offers can be confirmed via email, and that such confirmation is valid as a signed Agreement.
3.2 Deliverables is defined as resource(s) from the Supplier, performing agreed services.
3.3 “Same day cancellation” means that the Customer cancels the same day as the Assignment should have been delivered. Cancellation/change of agreement must be notified no later than 17:00 CET one day prior to the agreed time for the Assignment. Cancellation after this deadline will lead to a cancellation fee of kr 600,– + VAT for simple assignments, plus all incurred costs.
3.4 «Hit & Miss» (‘Bomtur’) means that the Supplier shows up as planned for the assignment, and that the Assignment cannot be delivered, (because of reasons not due to any default by the Supplier), hereunder conditions as described in point 10.1.
If Assignments cannot be delivered due to the above, the Customer will be invoiced a fee of kr 800,– + VAT, in addition to all incurred costs. For drone and film services, this fee is kr 1.470,– +VAT, in addition to all incurred costs. The Supplier offers no kind of weather guarantee.
3.5 The Supplier will invoice mileage allowance for transportation outside 10 kilometers (20 kilometres return), calculated from the Suppliers starting point.
4.1 The Deliverables available from the Supplier are communicated on the Supplier’s website (www.blinck.no), are specified in Offers to the Customer, and/or in the ‘blinck price list’.
4.2 (Photo): Finished, edited photos will be made available to the customer in line with the agreed timetable. Normally, selection of un-edited photos are delivered within 1-2 workdays after the Assignment, unless otherwise agreed.
4.3 (Film) Edited film is made available to the customer in line with the agreed timetable.
THE VENDOR’S OBLIGATIONS IN THE ASSIGNMENTS
5.1 That Services and Deliverables are delivered in accordance with the Agreement, and delivered professionally, efficiently and with a high professional standard.
5.2 That Personnel are made available to ensure that the Assignment is performed in the most efficient manner and with the expected quality. The Supplier is responsible for ensuring that the offered personnel has the relevant competencies.
5.3 That loyal cooperation is performed with the Customer, and that the Customer’s interests are safeguarded.
5.4 That Customer enquiries are answered without undue delay.
5.5 That, without undue delay, notice is provided to the Customer of conditions that the Supplier understands or should understand may affect delivery performance, including any expected delays.
5.6 That the Deliverables are made within the agreed timetable and with the agreed resources. The Supplier is however, only responsible for overruns of the agreed timetable and resources due to conditions under control by the Supplier.
5.7 That the Customer’s intellectual property rights (trademarks or other intellectual property rights) are not used in addition to what is accepted by the Customer.
5.8 Ensure proper communication, storage and backup of documents and other material of importance to the performance of the Agreement, regardless of form, including e-mail and other electronically stored material.
THE CUSTOMER’S OBLIGATIONS IN THE ASSIGNMENTS
6.1 That loyal cooperation is performed to ensure the Assignment is delivered.
6.2 That at all times it is ensured to provide the Supplier with the information and personal resources necessary to manage the Deliverables.
6.3 That Supplier enquiries are answered without undue delay.
6.4 That, without undue delay, notice is provided to the Supplier of conditions that the Customer understands or should understand may affect delivery performance, including any expected delays.
6.5 That the Supplier’s intellectual property rights (trademarks or other intellectual property rights) are not used in addition to what is accepted by the Supplier.
6.6 Ensure proper communication, storage and backup of documents and other material of importance to the performance of the Agreement, regardless of form, including e-mail and other electronically stored material.
DELIVERY, PAYMENT AND INVOICING
7.1 Unless otherwise agreed, delivery has been made when: (I) The Assignment has been completed; (II) The Deliverables has been made available for the Customer in accordance with the Assignment; and (III) the Customer has been notified about the delivery through email.
7.2 The Supplier’s standard payment terms are 14 days from invoice date, unless otherwise agreed in writing with the Customer. In case of late payment, the maximum allowable delay rates are calculated at any time.
7.3 For larger assignments, 35% of agreed price is invoiced and due at the start of the assignment, 35% is due at agreed milestone, and 30% at delivery, unless otherwise agreed in writing with the Customer.
7.4 Customer takeover of the Deliverables is not final until the Customer has paid for the Assignment. Even if delivery has taken place, the Supplier reserves the rights to cancel the purchase if settlement does not take place, cf. Section 54 (4) of the Buying Act (‘Kjøpsloven’). If there is a payment breach, the Supplier has the right to require that Customer not make use of the Deliverables.
7.5 The invoice recipient must have a permanent address in Norway and shall always be known to the Supplier at the time of Customer’s order.
7.6 For products and services based on hourly rates, the Supplier will invoice per commenced hour. For products and services based on “Half day” and “Full Day”. the Supplier will invoice per commenced Half and Full day, respectively.
8.1 The Supplier’s customer service has the responsibility for ensuring that the Customer experiences that the Assignments can be ordered and delivered as follows:
(I) Assignments can be ordered in a simple and efficient manner; (II) The Assignments are coordinated and performed efficiently; and (III) Complaints and mistakes are corrected and followed up in an efficient and customer oriented manner.
COMPLAINTS AND QUALITY GUARANTEE
9.1 There is a shortage of Delivery if the Deliverables do not cover the agreed purposes, requirements and specifications.
9.2 The Supplier gives the customer the guarantee that all deliveries are delivered with 100% quality. This is implemented by the Supplier through offering the customer the right to request new/rectified delivery, if the customer is not satisfied with the delivery. The deadline for complaints is within two business days of delivery. Complaints must be sent in writing to email@example.com
9.3 If compensation is made applicable, the amount of compensation shall be limited to 50% of the agreed amount for the service in question. The Supplier is under no circumstances responsible for any direct or indirect loss, consequential loss or the like.
SPECIAL PRODUCTS, SPECIAL CONDITIONS
10.1 The Supplier offers several special products and servicess (including photography with drone, outdoor filming, etc.). The supplier makes special mention that assignments with such special services can not be carried out: (I) in the case of unstable weather (rain, wind and fog); (II) near kindergartens and schools; (III) Near large crowds; (IV) in areas with restrictions; and (V) in areas of proximity to private or public air transport, etc.
RIGHTS OF USE
11.1 The Supplier has full property and usage rights for products and services that are delivered, unless otherwise agreed. The customer has full right of use for the products and services for use in his own business. Rights of use beyond this are specifically agreed. The Civil Protection Act (Åndsverksloven) protects the submitted material against 3rd party exploitation.
12.1 Disputes shall be resolved by negotiation, and Oslo District Court (Oslo Tingrett) shall be adopted as a court of defense if the Parties do not reach an agreement.