General Terms and Conditions of Sale
Last updated: 2023.09.14
These standard terms and conditions (“Terms and Conditions”) govern all orders placed with Monil AS unless otherwise explicitly agreed in writing. Please read these Terms and Conditions carefully as they apply to Monil’s Products and Services. Certain parts or features of the Products or Services may be subject to additional terms, policies or guidelines that are hereby incorporated into these Terms.
1. General Scope and Application
The following General Terms and Conditions of Sale (“Terms and Conditions”) shall apply to and form an integral part of all agreements entered into between Monil AS (“Monil”) and the purchaser (“Buyer”) for any sale of products (“Products”) and services (“Services”) by Monil to the Buyer, unless and to the extent Monil and the Buyer explicitly agree otherwise in writing.
Monil reserves the right to change these terms and conditions at any time. Any such changes will take effect when posted on www.monil.com (the “Website”).
In no event shall any preprinted terms or conditions included on Buyer’s purchase orders, invoices, or other preprinted forms be considered an amendment or modification of these Terms and Conditions. Any such preprinted terms or conditions are hereby objected to and shall be null, void, and of no effect. Any sale of Products or Services to Buyer is expressly conditioned on the acceptance of these terms.
Monil is entitled to modify any of the Products it offers, or to discontinue the Services, support of publication, distribution, sale, or licensing of any or all of the Products at any time without liability.
2. Price and Orders
The price per unit of the Product is displayed on the Website. The price is given as the up-front hardware price and the software Service subscription fee (the “Subscription”). The total purchase price for the Product(s) and/or accessories is displayed on the Website Checkout.
Delivery cost depends on the shipping option chosen by the Buyer and is added to the total amount due in the Website checkout.
All prices are quoted as net prices and do not include value added tax or any other potential taxes or customs duties, which are to be paid additionally by the Buyer in the amount specified by applicable law. All prices are quoted in NOK.
The presentation of Product(s) in the webshop does not constitute any binding offer by Monil for a purchase contract. By clicking the button Place Order in the checkout the Buyer places a binding offer for a purchase contract with Monil (“Order”). The Buyer will be able to view the details of the Order and correct any mistakes in the information provided before submitting an Order.
After the Order is placed and payment provided, a confirmation that the Purchase is completed will be sent to the e-mail address provided by the Buyer during the ordering process.
Please note that the confirmation does not constitute a declaration of acceptance of the Order but serves for information purposes only. All Orders are subject to acceptance by Monil, which may be given at its discretion. If Monil refuses to accept an Order, it shall inform the Buyer of such refusal by email within one month after the order was submitted. If the Order is refused, Monil is not responsible for any loss or delay arising out of such refusal. Monil will accept the Order either by sending an acceptance notice or by dispatching the Product(s) ordered.
Monil shall be entitled to increase prices of the Products on its web page at any time. Price increases for subscriptions will only apply to subsequent billing periods and new subscriptions.
Orders placed on the Website can be paid using credit card or by invoice. If paid by credit card, 100% of the purchase price is charged when the Buyer clicks the "Betal nå" (Place Order) button. If the Buyer chooses an invoice as the method of payment, the payment shall be made in full within thirty (30) days from the date of the invoice, and Monil is not obligated to send the Product or provide the Service prior to receiving payment in full.
Payment has been made on the day the payable sum is received by Monil. All payments shall be made by credit card or to the agreed upon Monil bank account. The full price of the Product(s) is paid in advance and otherwise in accordance with the payment option chosen by the Buyer in the ordering process.
All late payments accrue interest at the rate of one point five per cent (1.5%) per month or, if less, the maximum amount allowed by applicable law on the overdue balance, from the due date until payment has been made in full. This shall not preclude any other rights and remedies Monil may have under applicable law related to late payments.
In case of previous payment default or reasonable doubt regarding the solvency or credit standing of the Buyer, Monil reserves the right to demand security or prepayment for any outstanding delivery, or to declare immediate maturity of all outstanding claims.
Monil is not responsible for any fees that your bank or payment provider may charge the Buyer for the use of your credit card or other payment method, including wire transfer.
The Product(s) are shipped to the Buyer in accordance with the shipping option chosen by the Buyer in the ordering process, or the default option provided by Monil. The cost of shipping is detailed in section 2 and will be specified at the time of checkout.
By placing the Order, the Buyer acknowledges that they have pre-ordered a product that is not yet manufactured, and not yet ready to be shipped. Also, Monil reserves the right to perform partial deliveries if such action would not unreasonably affect the Buyer.
Delivery dates communicated or acknowledged by Monil are approximate only, unless explicitly stated otherwise. The Buyer acknowledges that changes and/or delays to the estimated dispatch and delivery date may occur.
Monil shall use commercially reasonable efforts to meet the delivery dates communicated or acknowledged, on the condition that Buyer provides all necessary order and delivery information sufficiently prior to such delivery date. However, Monil shall neither be liable nor be in breach of its obligations for any delivery made within a reasonable time before or after the communicated delivery date. Furthermore, Monil is under no circumstance responsible for any cost or losses, including consequential or indirect costs or losses, which are caused by delay in delivery or non-delivery of Products.
The Product(s) will be delivered to the delivery address specified in the Website Checkout or provided through other payment profiles. The Buyer is responsible for providing the correct address in the ordering process, this address cannot be a PO Box or similar. Monil shall not be liable for any loss resulting from the Buyer’s failure to provide the correct delivery address.
Delivery has occurred when the Buyer, or their representative, has taken possession of the Product(s), in accordance with the chosen shipping option. If the logistics provider attempts to deliver and the Product(s) is not collected or received on time or at first attempt of delivery, and if this is due to the Buyer or circumstances related to the Buyer, the risk passes to the Buyer when the Product was attempted to be delivered or put at Buyer’s his disposal.
Monil reserves the right to charge the Buyer for extra shipment, storage and handling costs due to Buyer’s failure to (i) collect the Product(s) in time or (ii) contribute as needed for the delivery to occur.
Once the Buyer has ordered the Product(s), Monil strives to deliver as soon as possible and in accordance with the stated estimated delivery date (see section 4). Cancellation by the Buyer under this clause is not possible.
In periods of high demand and extended delivery times, the Buyer may request cancellation of the Order to Monil by sending an inquiry to firstname.lastname@example.org. Monil will send a confirmation to the Buyer if the cancellation was successful. If the cancellation is confirmed by Monil, the Buyer is entitled to a full refund of purchase price. Monil will process refunds within a reasonable amount of time.
For Product(s) bought within a limited time period, the Buyer may use their right of withdrawal if applicable according to section 6. The duration of this period is stated on the Website. Monil reserves the right to modify or cancel this offer at any time without prior notice.
Funds from the purchase are used for manufacturing and procurement, and Monil reserves the right to delay the payout of the refund for up to 3 months should it be necessary. However, Monil will strive to issue the refund as soon as possible and within a reasonable amount of time.
Monil also reserves the right to cancel the Order before the shipment date at Monil’s own discretion. In the event of such cancellation, Monil will refund the full purchase price.
6. The right of withdrawal
During the pre-order period as defined on the web site, the Buyer may withdraw from this contract as stated by the delivery-date-guarantee on the website at the point of purchase, subject to the conditions in this clause. This guarantee allows the Buyer to withdraw from the contract if the delivery is delayed beyond a given guaranteed delivery date and ends when the product is shipped to the Buyer (the "Withdrawal Period"). The date of guaranteed delivery and the right of withdrawal will be explicitly given during the Website Checkout.
If the Buyer wishes to withdraw from the contract, the Buyer must notify Monil by email to email@example.com within the Withdrawal Period. Monil will send confirmation of received notice without undue delay. To be eligible for a refund, the Buyer must then complete the return steps as requested by Monil, which will be provided by email.
Any request to withdraw from the contract received before or after the Withdrawal Period is automatically rejected and will not qualify for a refund.
If the Buyer received any promotional or other discount at the time of payment, any refund will only reflect the amount the Buyer actually paid. Refunds under this clause are made using the same method originally used by the Buyer to pay for the purchase.
7. Force Majeure
Monil shall not be liable for delayed or defective Products, or any other failure to meet its obligations under these Terms and Conditions and/or the agreement entered into with the Buyer, provided that the event in question is due to an unforeseen circumstance or cause beyond its control. This includes any strike, lock-out, labour dispute, act of God, inability to obtain labour, utilities or services, application of applicable laws, enemy or hostile actions, sabotage, war, blockades, insurrections, riots, epidemics, washouts, nuclear and radiation activity or fall-out, civil disturbances, explosions, fire or other casualty, or any other cause, whether similar to or dissimilar from the foregoing, provided that it is beyond the control of Monil. Monil shall promptly notify the Buyer of the occurrence of any such event.
In the event of any such delay, defect or failure to fulfil an obligation, performance of the affected obligation shall be suspended for a period of time equal to the time of such delay, unless the delay continues for more than two (2) months, in which case Monil may terminate the agreement in question with immediate effect without incurring any liability.
8. Intellectual property Rights
As between the parties, Monil solely owns and retains all intellectual property rights in and to the Services and Products, including but not limited to design, artwork, technology, software, data, functionality, and documentation, custom developments, modifications, and derivative works by whomever produced. Buyer shall not directly or indirectly: (i) copy, modify, or reverse engineer any part of the Services or Products; (ii) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, or Products; (iii) modify, translate, or otherwise create derivative works of any part of the Services or Products; (iv) copy, rent, lease, distribute, or otherwise transfer any of the rights to the Services and Products; (v) export the Services and Products from the territory where you were granted such rights or where the Products were delivered (the “Territory”) or use the Services and Products outside such Territory; or (vi) access or use any Services or Products to build a competitive service, product or device. Buyer acknowledges that he/she obtains no proprietary rights in Monil’s trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agree not to challenge our proprietary rights. The compilation of all data included in or made available through the Services and/or Products is the exclusive property of Monil and protected by U.S. and international copyright laws.
9. Limited Warranty
Monil warrants that the Products shall substantially conform to Monil’s specifications and be free from defects in design, materials and workmanship under the normal use and service for which the Products were designed for a period of twenty-four (24) months (the “Warranty Period”), calculated from the date of delivery.
The warranty does not extend to any implied warranty or fitness for a particular purpose or use, irrespective of whether such purpose or use has been communicated by Buyer to Monil or not.
Monil shall, at its option and within reasonable time, either 1) repair, 2) replace or 3) refund defective or non-conforming Products which, in Monil’s opinion, are covered by the warranty. The said remedies are exclusive and Buyer shall not be entitled to put forth any other remedy or claim related to defective or non-conforming Products at its own initiative.
The warranty shall only apply to Products which have been paid for in full with valid proof of purchase. The warranty shall only be for the benefit for Buyer only. However, the Warranty Period shall also apply to any second-hand purchases provided that the Buyer can prove that they are still within the Warranty Period.
Valid proof of purchase:
- Order number from online purchases made through Monil’s website
- Sales invoice
In order to exercise its warranty rights, Buyer must notify Monil in accordance with the instructions described under section 2 below.
The limited warranty covers normal use (“Normal Use”) of the hardware. Under this limited warranty, Normal Use is described as employing the Hardware in accordance with the guidelines provided in the Monil user manual available following this link as well as incorporating the Hardware as part of the Solution. Monil has the sole authority to determine whether the specific usage in question can be classified as Normal Use. Usage that goes against the welfare of the animals or displays negligence will not fall within the scope of Normal Use as defined. Monil reserves the right to determine, at its sole discretion and within reasonable bounds, whether the specific usage can be categorised as Normal Use.
The limited warranty does not extend to Products damaged by reason of alteration, accident, abuse, neglect or misuse or improper or inadequate handling; improper or inadequate wiring utilised or installed in connection with the Products; installation, operation or use of the Products not made in strict accordance with the specifications and written instructions provided by Monil; use of the Products for any purpose other than those for which it was designed; ordinary wear and tear; disasters or Acts of God; unauthorised attachments, alterations or modifications to the Products; the misuse or failure of any item or equipment connected to the Products not supplied by Monil; improper maintenance or repair of the Products; or any other reason or event not caused by Monil.
The warranty constitutes the entire liability of Monil towards Buyer with regard to defective or non-conforming Products, Buyer shall not be entitled to pursue any other claim or remedy related to defective or non-conforming Products otherwise available under applicable law, including background legislation or statutes relating to sale of goods.
This limited warranty provided by the manufacturer in no way affects a potential statutory warranty provided by law.
All quality-related defects on items sold directly by Monil are covered by an extensive warranty, starting from the date of purchase.
Not Covered Under Warranty:
- Products without sufficient proof of purchase
- Lost or stolen products
- Items that have expired their warranty period
- Non quality-related issues (after 30 days of purchase)
- Free products
- Repairs through 3rd parties
- Damage from outside sources
- Damage from misuse of products (including, but not limited to: falls, extreme temperatures, water, operating devices improperly)
- Purchases from unauthorised resellers
- The natural decline in Hardware condition due to regular usage and the expected wear and tear, unless such decline is attributed to a flaw in manufacturing or materials.
Monil has no authorised resellers.
10. Notification of claim. Obtaining warranty service.
The Buyer shall notify Monil without undue delay after it has detected that the Products are non-conforming or defective by sending a mail to firstname.lastname@example.org. Furthermore, the Buyer shall prepay and cover the costs of shipping for Products returned to Monil for warranty service, while Monil will pay for return of Products to Buyer.
Monil does not accept returns for products which are not broken or delivered incorrectly.
11. Limitation of Liability
Monil’s maximum and accumulated liability towards Buyer related to Monil’s performance, whether based on provisions in these Terms and Conditions, applicable law, statutes, tort law or otherwise, and irrespective of Monil’s conduct, shall in any event be limited to an amount equal to the purchase price or value of the disputed Products, whichever is lower. The total value for the software service of Monil for any claims arising from the disputed Product shall be limited to the total fees paid by the Buyer for the specific combined services during the twelve (12) months preceding the event giving rise to the claim.
Monil shall not be liable for any lost profits or savings, loss of reputation or goodwill, claims of third parties or any indirect, incidental, punitive, special or consequential damages, whatsoever, whether based upon breach of warranty, breach of contract, negligence, strict liability, other legal theory or any background legislation, or other losses or expenses incurred by Buyer or any third party.
The Buyer should be aware that Monil shall in no event be liable for any loss or claim related to animals moving outside of the virtual boundary grazing area for whatever reason or as a result of gross negligence or willful misconduct. Furthermore, Monil shall not be held accountable for any third party claim, suit or proceeding related to animal welfare or animal actions.
Monil does not guarantee that the animals will always stay within the virtual boundaries set by the Buyer. The Buyer should bear this in mind when using the Product and Services.
12. Governing Law and Dispute Resolution
This Agreement and any conflicts arising out of or in relation to it shall be governed by the laws of Norway (conflict of law’s provisions excepted), and the parties hereby submit to the jurisdiction of the courts of Norway, which shall have exclusive jurisdiction over all conflicts in connection herewith. The Buyer hereby waives any right to assert any rights or defences within any other jurisdiction or to require that litigation regarding this Agreement take place elsewhere. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall first be referred to mediation in accordance with the Rules of the Arbitration and Dispute Resolution Institute of the Oslo Chamber of Commerce in force at any time.
Promotional discounts are intended for the Buyer’s use only and not for commercial or resale purposes. The discount code is non-transferable and cannot be combined with any other offers or promotions unless stated otherwise. The code can only be used once per customer and is limited to a maximum of products- and to a given duration as stated by the on the website checkout at the point of purchase. The discount applies only to the purchase of eligible products. Any attempt to abuse or misuse the code, including using it for commercial purposes or in violation of these terms and conditions, may result in the cancellation of the order and/or the code. Monil reserves the right to modify or cancel the offer at any time without prior notice. By using the code, the Buyer agrees to these terms and conditions.
Should any of the clauses above, in whole or in part, be legally invalid, the validity of the other clauses of these Terms and Conditions shall remain unaffected.
Any failure to exercise, or delay in exercising, any right or remedy arising from these Terms and Conditions shall not operate as a waiver thereof.