1. GENERAL

These general terms and conditions apply to all Norwegian companies and legal entities that form part of the Serwent Group, owned by Serwent Holding AS, and apply to the service provided by Serwent to the Client. These terms and conditions form an integral part of the Agreement and shall apply to the extent that nothing else has been agreed in writing between the parties.

2. DEFINITIONS

“The Agreement” means the agreement entered into between the Parties, comprising an offer and an order confirmation, as well as any other written material exchanged and confirmed by both Parties. “Client” The natural or legal person who has commissioned the Service. “The Service” The work that Serwent is to deliver to the Client in accordance with the Agreement.

3. OFFER; VALIDITY AND CONSIDERATION

Prices for the Service are exclusive of VAT unless otherwise clearly stated. Serwent’s offer is valid for 4 weeks unless otherwise stated. Any changes must be confirmed in writing.

4. CANCELLATION OF ASSIGNMENTS

The Client is not entitled to cancel the Service once the Agreement has been concluded, unless this is expressly stated or follows from mandatory legislation.
Cancellation must be made in writing. In the event of cancellation, Serwent is entitled to compensation from the Client up to the amount of Serwent’s positive contractual interest.

5. THE SERVANT’S DUTIES

Serwent shall perform the service in accordance with the terms of the agreement and, in all other respects, in a professional manner and in accordance with best practice. Serwent shall keep the Client reasonably informed of progress, taking into account the scope and nature of the service.

In providing the Service, Serwent shall take the necessary measures to perform the Service and shall otherwise comply with the rules, laws and general regulations applicable to the Service. Serwent is responsible for ensuring that Serwent and its employees who are to carry out the work hold the necessary licences and authorisations to provide the Service.

The Service shall be performed in accordance with the timetable set out in the Agreement. If Serwent is prevented from completing the Service within the time specified in the Agreement, Serwent shall be entitled to a necessary extension of the time limit, provided that the impediment is due to (i) an act or omission on the part of the Client or a person engaged by the Client, or (ii) any other circumstance beyond Serwent’s control which materially affects the performance of the Service.

If no timetable is specified in the Agreement, the Service shall be performed as promptly as circumstances reasonably require.

6. THE CLIENT’S OBLIGATIONS

The Client shall ensure that Serwent has unrestricted access to the work site and, where relevant to the Service, unrestricted access to electricity, water and space (parking) for machinery and necessary equipment. The Client shall, in consultation with Serwent, secure the work site for the duration of the Service.

The Client shall also ensure that Serwent, where relevant, receives the relevant and necessary documentation or documents (e.g. drawings) for the performance of the Service.

The Client bears the risk associated with information that Serwent receives from or on behalf of the Client, e.g. relating to the location and dimensions of cables, wires and other infrastructure. If the performance of the Service takes longer than expected or requires Serwent to
If Serwent is unable to meet deadlines due to circumstances for which the Client is responsible, Serwent shall be compensated for this (price adjustment). Serwent shall, as far as possible, inform the Client in advance.

7. ADDITIONS AND AMENDMENTS

Should it become necessary to carry out additional work or alterations that go beyond the agreed Service, Serwent shall notify the Client and, as far as possible, inform them of any financial implications.

The client shall, without undue delay, decide whether it wishes Serwent to carry out the work.

Serwent shall not commence any additional or amendment work until such work has been notified to and accepted by the Client, unless the work is necessary to prevent loss or damage.

7. TERMS OF PAYMENT

Invoices are issued immediately after Serwent has provided the Service. Unless otherwise stated, payment is due within 14 days of the invoice date.

For Services provided over a period exceeding one calendar month, Serwent is entitled to issue interim invoices in accordance with the progress plan.

9 LIABILITY FOR SUBCONTRACTORS

Serwent is not liable for services provided by other contractors or tradespeople in connection with the Service, unless this is specifically agreed. Any suggestions or assistance provided by Serwent in engaging other service providers do not imply that Serwent accepts liability for such services.

10 LIMITATION OF LIABILITY

If the provision of the Service results in loss or damage to the Client’s or a third party’s property, Serwent shall be liable for damages to the extent provided for by general rules on liability for damages.

Serwent shall under no circumstances be liable for indirect or consequential losses, including losses resulting from production stoppages or other operational losses, loss of income, loss of profit or other financial consequential losses, unless the loss is caused by gross negligence.

In any event, Serwent’s maximum liability shall not exceed the agreed fee for the Service.