Terms and Conditions for Occulights solutions
- Definitions:
1.1. "Occulights AS" refers to the legal entity responsible for the design, manufacture, and distribution of the hardware and software solution that is offered.
1.2. "Customer" refers to the buyer, IT integrator, Distributor, End Customer or any entity purchasing Occulights AS products.
1.3. "Products" refers to the hardware and software solutions provided by Occulights AS, including, but not limited to, the light indicator and hub for meeting rooms.
- Orders and Acceptance:
2.1. All purchase orders are reviewed and are subject to acceptance by Occulights AS.
2.2. Occulights AS reserves the right to refuse any order at its discretion.
2.3. Orders become binding only upon written acceptance by Occulights AS, through Hubspot quote or email order. Everyone that signs an Hubspot quote or sends an email order in writing, is committing the Customer to a legally binding obligation.
- Prices and Payment:
3.1. MSRP for products are as stated on the Occulights AS website or as otherwise quoted in writing or through a Hubspot quote. The customer agrees to pay fees as consideration for the Services and/or Hardware provided by Occulights. Prices are ex VAT. Installation, configuration and project management is not included in our prices and will be invoiced in accordance with time spent on respective projects.
3.2. Occulights AS invoices 100% when shipping the products. For credit approved customers net per 10 days.
3.3. Occulights AS reserves the right to change prices at any time, with notice to the Customer. Both on hardware and license subscriptions.
- Delivery and Shipment:
4.1. Delivery dates, while diligently estimated, are recognized as approximations, and Occulights AS does not assume liability for any unforeseen delays.
4.2. Occulights AS ensures shipment of products to the address expressly specified by the Customer in the purchase order. Cost of shipment is covered by the customer
4.3. Risk of loss or damage to the products is transferred to the partner upon the official delivery of products.
- Warranty:
5.1. Occulights AS warrants that the products will be free from defects in material and workmanship for a period of 1 year from the date of delivery. Warranty only applies through normal use of the product.
5.2. Warranty claims must be submitted in writing to Occulights AS within the warranty period.
5.3. Occulights AS, at its sole discretion, reserves the right to either repair or replace defective products covered by the warranty.
- Intellectual Property:
6.1. All intellectual property rights in the products remain the exclusive property of Occulights AS.
6.2. Customers are granted a non-exclusive, non-transferable license to use the products for their intended purpose.
- Limitation of Liability:
7.1. Occulights AS explicitly disclaims liability for any indirect, incidental, consequential, or special damages arising from or related to the use of its products.
7.2. Occulights AS's liability for any claim, whether in contract, or otherwise, is limited to the purchase price of the products giving rise to the claim.
- Governing Law and Dispute Resolution:
8.1. These comprehensive terms and conditions are governed by the substantive laws of the jurisdiction specified within the contractual agreement.
8.2. Norwegian law applies to these Terms, and the Customer agrees to try to resolve any dispute relating to these Terms amicably. If they do not reach an amicable resolution within a reasonable time (not to exceed 90 days), the Parties agree to submit to the jurisdiction of the Norwegian courts.
- Confidentiality:
9.1. Both parties agree to keep confidential any non-public information received from the other party during the course of the business relationship.
- General Conditions:
10.1. The general conditions outlined herein constitute the entire understanding and agreement between Occulights AS and the partner, superseding any prior agreements, whether written or oral.
10.2. Occulights AS retains the authority to update these comprehensive terms and conditions at its discretion, with due notice extended to the partner.
10.3 Subscriptions are automatically renewed for 1 year if the Customers does not send a written termination within 3 months before the end of the original subscription period.
- Services:
11.1. Occulights AS may, at its sole discretion, offer supplementary services related to product installation, customization, or technical support. These services are subject to additional terms and charges, as mutually agreed upon in writing.
- Force Majeure:
12.1. Occulights AS shall not be held liable for any failure or delay in the performance of its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of nature, strikes, riots, acts of terrorism, war or governmental regulations.
By consummating the purchase of Occulights AS products, the partner willingly acknowledges and agrees to be bound by these meticulously crafted General Terms and Conditions.
Date: 23.05.2024
Occulights AS