Terms & condition

Terms of Sale and Warranty / Main Information

These terms and conditions apply to the sale of products and services of Aflvélar ehf. to

on the one hand consumers (individuals) og
on the other hand companies/legal entities/operators

The main content of the terms and conditions applies to both i and ii, but specific provisions that apply to each party are specifically defined below as applicable. The terms and conditions are confirmed and accepted by the buyer by confirmation of the purchase of goods or services, by payment or by his special signature, on paper or electronically and are the basis of the transaction. The terms and conditions are also stored and visible on the seller's website, www.aflvelar.is. The terms and conditions are only in Icelandic and it is the buyer's responsibility to obtain a translation if he deems it necessary. Consumer purchases (individuals) are covered by Act 48/2003 on Consumer Purchases. Purchases by legal entities/companies/operators are subject to Act 50/2000 on the Purchase of Movable Goods. The Act on Contracts, the Act on Electronic Commerce and Other Electronic Services, the Act on Legal Capacity and the Act on Privacy and Processing of Personal Data also apply. The buyer is responsible for thoroughly familiarizing himself with these warranty terms and conditions.

Agency sales

Products sold through agency sales are sold without the warranty of Aflvélar ehf. If the sold item proves to be defective, the buyer only has a possible claim against the owner / seller of the product, and not Aflvélar ehf. as an intermediary between the seller and the buyer. In such cases, the intermediary has not specifically examined the condition or characteristics of the sold item. In all cases, the buyer is encouraged to have an independent party inspect and assess the condition and characteristics of the item for sale, especially in the case of machines and equipment that are subject to registration. If the buyer refuses to have such an inspection and appraisal of the item for sale performed, he has no claims against the seller for matters that could have been revealed during such an inspection.

The sales commission for agency sales is 3,9% plus VAT (24%) of the selling price of tractors, but never less than 150 thousand excluding VAT. The seller always pays the transfer of ownership of the registered vehicle.

Used tools and equipment

Used equipment and tools are sold without warranty, as in most cases they have been owned and used by a third party. Buyers should familiarize themselves with the condition and features of the items for sale and, where appropriate, have independent experts inspect and assess the condition of such used equipment or tools.

Deadline

The return period for consumables and spare parts is 30 days from delivery upon presentation of the invoice. If returned within 10 days in the original undamaged packaging, a refund will be made in accordance with the original form of payment, otherwise a credit note. Discounts on returned goods amount to 15% of the purchase price, which will be deducted from the refund. Returns of specially ordered goods are generally not accepted. However, the seller may take back such goods with discounts in exceptional cases, at his discretion. Electrical and chemical products are not taken back.

For products that are ordered but not picked up, an invoice will be issued and collected from the person who ordered and/or the person for whom the order is being made.

Warranty on repair services

Comments on repair services should be made within 30 days from the time the service was provided. Otherwise, any potential warranty for repairs will be void.

Right to defects or deficiencies

If the product is defective or something is missing from the product, the seller is obliged to offer the buyer a repair, a new product, a discount or a cancellation of the purchase. It depends on the circumstances which method the seller chooses in each case. Notification of a possible defect must be received in writing. The notification must be received within 7 days of the defect being discovered. Due to the registration value and confirmation of the notification, it is recommended that the buyer send an email about the defect and keep a copy. The seller sends a confirmation of receipt of the email. The right of the consumer (by consumer we mean an individual outside of business activity) to have a defect rectified is in accordance with the Consumer Purchase Act No. 48/2003.

The seller reserves the right to verify that the product is defective, as soon as possible. The normal time limit for this is usually 5-10 weeks waiting for an appointment, depending on the booking status at the workshop at any given time. Repairs can then usually take up to 4-10 weeks, which depends, among other things, on the speed of delivery of spare parts from the supplier. The repair time is longer if the supplier takes longer to deliver spare parts.

The buyer shall always bring the product to the seller at his own expense at his place of business at Vesturhraun 3, 210 Garðabær, for inspection and assessment in the workshop, whether there is a defect. Cases in this regard are always sent to the manufacturer of the product in question, who makes the final decision as to whether there is a defect or not. If the manufacturer concludes that there is a defect, the defect shall be repaired in accordance with the above.

Warranty repairs are subject to being carried out at the seller's workshop or at an authorized service workshop, which the seller indicates in each case.

The warranty is void if the buyer has modified, repaired or tampered with the item of sale, or if a workshop that is not an approved service workshop of the seller has been used. Also if spare parts, fuel, oils and other such things that are not approved by the seller have been used. The warranty is also void if the buyer has not brought the device for regular service inspection or oil change to the seller, as specified in the specifications for each device.

Warranty repairs shall be carried out within the manufacturer's stated time limits and at a fee agreed upon by the manufacturer.

Costs and hourly rates for travel to the workshop and/or transporting the device to and from the workshop are not included in the warranty refund. The same applies to the transportation costs of spare parts.

The cost of normal wear and tear items such as belts, filters, oils and operating supplies such as twine, rags, cleaning agents, measuring and tooling fees are not included in the warranty refund. For example, the warranty does not cover the replacement of fluids for repairs to gearboxes, engines and hydraulic systems, and the buyer always pays for this himself.

It is the responsibility of the service workshop to only use spare parts purchased from the retailer to ensure that the appliance's warranty is not voided.

Damage due to misuse or use for purposes other than those for which the equipment is designed, lack of maintenance service, or modifications that have been made without the manufacturer's approval are not covered by the warranty.

Returned products, display copies and products with cosmetic defects are sold as individual products and when a warranty is issued, it is not replaced with a comparable product, but rather a credit note is given or a refund with a discount is provided, as appropriate.

Warranty duration

The seller's warranties do not limit the rights provided for in the Consumer Purchase Act. The warranty for defects in a product is in accordance with the Consumer Purchase Act 48/2003 and is 2 years from the date of purchase. to individuals outside of business activities. In the case of the sale of goods to business (business activity), including business activity under the operator's own ID number, The warranty for defects is 1 year from the date of purchase according to the Act on the Purchase of Personal Property Act No. 50/2000.

Warranty is not confirmed unless a purchase receipt is presented.

Limitation of liability.

The warranty does not cover normal wear and tear of the device or the use of consumables, i.e. it does not cover devices that are considered normal to last less than 2 years, if the general complaint period is 2 years.

The warranty is void if the device has been opened or tampered with without the seller's supervision/approval, even if the device has been serviced by a workshop and/or an authorized party other than the seller. The same applies if oils, filters or spare parts have been used that are not specifically approved by the manufacturer, cf. their warranty terms.

The warranty also lapses if the failure can be attributed to improper or incorrect handling, and the buyer is advised to carefully read the instructions or manual that comes with the item sold, regarding handling and maintenance.

The cost and hourly rate for travel to the workshop and/or transporting the device to and from the workshop are not included in the warranty refund. The same applies to the transportation costs of spare parts.

Loss of income, potential costs, and lost work hours due to a defective part are not compensated for and are not covered by warranty.

There is no warranty for software or other intangible items (items that affect the device's features such as viruses and other things that cannot be traced to the manufacturer).

In some cases, individual products or brands may have a longer warranty period. Where applicable, this is stated.

No liability is ever assumed for the sale of used products and equipment or products and equipment that may be for resale by the seller, cf. items 1 and 2 above.

Any type of liability is void if damage or defect occurs due to unexpected external events (Force Majeure), such as war, strikes, transport damage, carrier delays, natural disasters, etc.

Aflmélar ehf never be responsible for machines that NOT are imported by the company. This applies to repairs, upgrades or other things that could be classified as warranty repairs and upgrades (PSP Product Support Program). If Aflvælr agrees to register such machines into the manufacturers' system, this does not mean that a warranty is taken on the machine, but rather that it involves transferring the machine from a foreign vendor and connecting it to the manufacturer's systems to help machine owners retrieve what is needed to maintain and upgrade the machine and thus maintain its value. A separate fee is charged for transfer/registration into the manufacturer's network, such fee must be paid before registration. Aflvælr will never bear the cost of repairs or upgrades for such machines despite the said transfer/registration.

Increased responsibility

In exceptional cases, the manufacturer of machinery and equipment may accept an extended warranty (Goodwill Claim) even though the product sold is exempt from general warranty. Such warranties beyond the obligation are always assessed and determined by the manufacturer, i.e. whether liability is accepted, to what extent, maximum compensation amount, etc. An indispensable condition for and before applying for an extended warranty from the manufacturer is that the defect or damage is verified by the seller and that adequate repairs have already been carried out before the manufacturer's position on the request for an extended warranty is requested.

Default, late payment interest

In the event of partial or full default, interest will be charged at a rate of 0,05% for each day of default. Interest will be charged from the date of invoice issuance, not the due or final date.

Payments due to default are first allocated to pay accrued and incurred costs, then accrued interest, and finally to the principal.

Reception draw

If sales or repair items are not picked up on the agreed or announced delivery date, a storage fee will be charged three days after the item was ready for delivery. The fee for this is ISK 2.500 – 25.000 per day, depending on the nature and scope of the items in question at any given time.

Other provisions

No liability is assumed for goods or services that have not been paid for to the seller. The goods specified in the invoice remain the property of the seller until they have been paid for in full.

Goods are the responsibility of the buyer from the time they are delivered from the seller's warehouse, whether to the buyer or the carrier. The buyer is obliged to insure the goods during transport and to transfer any insurance benefits to the seller if the goods are unpaid.

The seller's invoices originate from an electronic accounting system according to Regulation No. 505/2013.