Juridisk merknad

Sales conditions

  1. Use

These terms and conditions of sale and delivery apply to all sales from REALTIMEID AS (Registered in the Brønnøysund Register Centre with org. number: 922737770, hereinafter referred to as the "Supplier"), unless otherwise specifically agreed between the parties in writing.

By purchasing products provided by REALTIMEID AS and using REALTIMEID AS's services, you (the "Customer") agree to the terms and conditions of this document.

If the parties to the agreement are commercial venues, the vendor is the municipality.

These terms and order confirmation delivered by REALTIMEID AS constitute the full agreement between REALTIMEID AS and the customer. Any deviations from the aforementioned documents must be agreed in writing between REALTIMEID AS and the Customer to be valid and binding.

  1. Order:

REALTIMEID AS reserves the right to reject or limit orders and binding delivery agreements are made only upon issuance of order confirmation from REALTIMEID AS. In case of restriction of order in the order confirmation, the customer will have the right to cancel the order.

  1. Product information

All tasks and data found in REALTIMEID AS product material and product catalogues etc., may be changed / adjusted without special notice, but this will not apply to orders that are confirmed, see section 2.

  1. Delivery/Risk transition

All orders for products available at REALTIMEID AS warehouse are executed as soon as practically possible.

The estimated delivery time will be tentative and subject to possible delays unless otherwise specifically stated. Unless otherwise specifically agreed in writing, the risk of damage passes to the Customer when the goods are surrendered to the Customer. This is considered delivery. Access to REALTIMEID AS services shall be made available as early as practically possible after receipt of REALTIMEID AS hardware.

The customer has a 14-day right of return from receipt of the item. The item must be unused and appear new. The right of return does not apply to customized products, such as laser-embossed customer information on ear tags.

  1. Payment/ Default interest

Unless otherwise agreed, payment terms are cash payments. If invoices are not paid by the due date, late payment interest shall be paid pursuant to the Act relating to interest on late payment (the "Late Payment Interest Act). In the event of a default in payment, REALTIMEID AS reserves the right, without further notice, to demand advance payment / cash payment for subsequent orders.

5. Prices:

If there has been typing or printing errors of significant size from REALTIMEID AS and / or from Partner's side, in advertisements etc. and / or in general presentations in, the online store that are greater than 15% of the normal retail price, REALTIMEID AS can unilaterally delete or reject orders. However, such errors must be corrected within a reasonable time after the error is discovered.

Term costs are invoiced in advance 1 time per year unless otherwise agreed in writing.

Rates for access to the services may be adjusted for the first time at the end of the term specified in the agreement or order confirmation, provided that such adjustment is notified by REALTIMEID AS at least 30 days before the end of the term. For agreements with no specified maturity, the rates can be adjusted with 30 days' notice. In such cases, termination must take place no later than 15 days after the notice of price increase has been received. In the event of significant increases in fees, the Customer shall be entitled to terminate the Agreement with immediate effect. 

  1. Sales deposit

Property rights REALTIMEID AS reserves sales liens in products that are not intended for resale, cf. Property Rights REALTIMEID AS. Section 3-14 et seq. of the Mortgage Act. 

  1. API/Integration

REALTIMEID AS API integration services are also available.

The integration will provide information from REALTIMEID AS service layer level, such as:

  • VID, EID and offspring/mother EID
  • Vital state, welfare status and 24-hour activity summary
  • Coordinate and time

All data originating from and/or an integration with the RealTimeID infrastructure should be reviewed and agreed with RealTimeID in advance, resulting in an agreement between RealTimeID and the Customer or Partner. Any application or data processing not considered in that agreement is not permitted.

RealTimeID may: (a) make new features or functionality available (b) add new services. Customer's use of new features or functionality may be subject to Customer's agreement to additional terms applicable to the new feature or functionality.

In the agreement between RealTimeID and the customer or partner, the following points will be defined:

  • Party relationship
  • Privacy and Personal Information
  • License Requirements and Restrictions
  • Licensing provision
  • Prices and payment terms
  • Agreement termination conditions
  • Exclusion of warranties
  • Limitations of liability
  • Replacements 
  1. Missing

In the event of defects in the sales item that can be attributed to defects that existed at the time of delivery, and that are not due to the Customer or circumstances on his part, REALTIMEID AS has the unconditional right, at its own cost, to correct the defect or make redelivery.

Customer may not assert claims or remedies related to defects, nonconformities or defects resulting from misuse, neglect, lack of maintenance or proper care of the Products. The same will apply if such errors, deviations or deficiencies are the result of violation of instructions given by RealTimeID for use of the deliveries (clause 10).

Any warranty to the Customer and its customers will follow that provided by the manufacturer's stipulated warranty for the product. When REALTIMEID AS makes correction or redelivery, the Customer cannot enforce further breach of contract remedies. Any defects must be claimed within 8-eight working days counted from delivery. 

  1. Complaints

The customer undertakes to complain without undue delay any discrepancies between the order and the order confirmation. Upon receipt of the products, the Customer shall check that these are in accordance with the order and no later than 8 days after receipt complain of any discrepancies, cf. the Act. Purchase Act (Sale of Goods Act) 

  1. Terms of use, etc.

The Customer is granted the right to use the RealTimeID services during the service period as specified by RealTimeID from the time the installation is completed.

RealTimeID reserves the right to perform scheduled maintenance and necessary bug fixes, which may result in the service being limited in functionality and/or unavailable for limited periods. The Customer understands that errors / deficiencies may occur, and the Customer shall not be entitled to any form of financial compensation, remedies or otherwise if the error correction is initiated within a reasonable time after RealTimeID has become aware of the error, or the error is caused by circumstances beyond RealTimeID's control.

The customer bears all risk associated with the installation of equipment, programs and documentation. If such is lost or damaged, the Customer will be responsible for expenses in connection with repairs or replacements. If the Services require RealTimeID to provide infrastructure, this Agreement shall apply to the address for which such Service is ordered.

The Customer may not assert claims if the error or defect is caused by the Customer's breach of the instructions for use provided by the Supplier.

  1. Liability

REALTIMEID AS disclaims liability for direct or indirect financial loss that may result from defective or delayed delivery. However, this does not apply in cases where REALTIMEID AS has intentionally or grossly negligently caused the breach.

Breach of Contract / Limitation of Liability

In the event of breach of contract or breach of obligations, the defaulting party shall remedy such breach or breach of contract as soon as reasonably possible. In the event that the breach or breach of contract cannot be remedied within a reasonable time, the defaulting party shall notify the other party in writing. Such notification shall state the reason and, as far as reasonably possible, indicate when proper performance may be resumed.

In the event of a breach or default by RealTimeID, the Customer may withhold an appropriate portion of its payment to RealTimeID, provided that the withheld amount is strictly necessary to remedy the effects of the breach or default, and only until proper performance is resumed by RealTimeID.

RealTimeID may immediately stop providing the services as long as the Customer breaches its obligations described herein. In case of repeated breach of the Customer's obligations, or if the Customer uses the service to provide, or give access to, information that is contrary to Norwegian law, then RealTimeID may terminate the agreement and the service indefinitely without any liability of any kind to the Customer.

In the event that the Customer does not make payment within 30 calendar days from the original due date for such payment, RealTimeID may terminate the agreement without further reason with 30 days' notice. RealTimeID cannot terminate the agreement as set forth herein if the customer pays the past due amount with interest before the end of the notice.

Neither party shall be liable for any indirect or consequential damages or losses, including, but not limited to, labor costs, rework costs, delays, lost profits, or loss of goodwill arising from the use of RealTimeID products and services.

The sum of any party's liability for breach of this Agreement or breach of implied conditions or warranties shall be limited to the quarterly total cost payable for the services provided by RealTimeID to the Customer. The Customer may under no circumstances claim compensation for the costs associated with setting up the Services. A party may terminate the Agreement with immediate effect if the other party is in material breach of its obligations under the Agreement, provided that the non-defaulting party has given written notice of such termination and that the defaulting party has not corrected its material breach within a reasonable time after receiving such notice, or if the material breach cannot be remedied without incurring material expenses and inconvenience to the non-infringing party.

  1. Shutdown of service

RealTimeID may, in its sole discretion, suspend or terminate, in whole or in part, the customer's access to the Services if:

  • The customer, despite reminders, does not make payments on the specified due dates.
  • The customer has set up or used RealTimeID equipment in violation of the agreement or instructions provided by RealTimeID.
  • The customer has used or installed RealTimeID equipment so that it has been damaged or risks being damaged or destroyed; or
  • The Customer, despite notification from RealTimeID about this, uses the services in a way that causes harm or inconvenience to RealTimeID or third parties, for example by using the service in violation of the law.

The Customer is obliged to pay monthly fees for the time the Services are suspended and until the termination of the Agreement.

Reopening suspended or closed service will incur a fee. 

  1. Term and termination/termination

This Agreement is valid and valid for the period specified in the Agreement, the Order Confirmation or otherwise agreed between the parties in writing. If the term is not specified, the term shall be 12 months from the date of delivery or commencement of services.

In the case of RealTimeID, the fees for the services covered by the agreement increase significantly. The Customer has the right to terminate the agreement for such services with 30 days' written notice. Termination must then take place within 15 days of receipt of the price increase notice. Termination at the end of the contract must be notified to the Supplier with 30 days' notice, otherwise the agreement will be renewed for a further 12 months.

Each of the parties shall have the right to terminate this Agreement with immediate effect in the event of commencement of a proceeding in or for bankruptcy, insolvency, dissolution or liquidation by or against the other party.

For leases, there is a lock-in period of 60 months, after the end of the binding period, an agreement must be made between RealTimeID and the Customer regarding further use or return of hardware. 

  1. Force majeure

Is REALTIMEID AS prevented from delivering or making mandatory redelivery pursuant to clause 8 above, or does such delivery obligation become unreasonably burdensome as a result of labor dispute including at REALTIMEID AS or any other circumstance when the parties cannot with reasonable means influence it, such as, but not limited to, fire, war, mobilization or unforeseen military summons of similar magnitude,  requisition, seizures, public restrictions both nationally and internationally, riots and riots, scarcity of means of transport, general scarcity of goods, restrictions on inputs of driving power, as well as deficiencies in, or delays in, deliveries from subcontractors or manufacturers as a result of such circumstances as are referred to in this clause, REALTIMEID AS is exempt from all other responsibility than in case of complaint to credit the defective item's purchase price 

  1. Export

Companies undertake to obtain their own written approval before exporting products to countries where export restrictions still exist. 

  1. Assignment

RealTimeID shall at all times be entitled to assign its rights under this agreement (in whole or in part), or to exploit subcontractors for any part it deems necessary or desirable.

The Customer shall not assign its obligations or rights under the Agreement, in whole or in part, to any third party without RealTimeID's express consent, such consent shall not be withheld unreasonably. However, this does not apply to mergers, demergers, acquisitions and the like, and in the event of transfer to the Customer's affiliates. 

  1. Confidentiality

Except as required by applicable law or with the other party's consent in writing, the parties shall keep confidential all information of a confidential nature, including, but not limited to, personal information, trade secrets, expert knowledge, information that may harm either party, or other information that may be exploited by third parties in the course of business.

The Parties shall ensure that these confidentiality obligations also apply to the Parties' employees, representatives and others who may act on behalf of the Parties. The parties shall take appropriate measures to ensure that confidential material and information is not disclosed in violation of this Agreement.

The confidentiality obligations in this Agreement shall survive any termination of this Agreement. Each party shall ensure that employees or others withdrawing from representing that party shall be subject to similar confidentiality obligations as described herein after they withdraw.

  1. Privacy policy – personal data and information

RealTimeID will take all reasonable steps to ensure the integrity and security of all personal information and information hosted or processed by RealTimeID in connection with the Service in accordance with applicable laws and regulations. RealTimeID will not disclose or grant third parties’ access to such personal data for any purpose and will not itself use such data for any other purpose, commercial or otherwise, than as required to provide the service below. However, RealTimeID will collect anonymous statistics and pattern analysis of usage and content and is free to use the results of such statistics for commercial and non-commercial purposes.

The roles and responsibilities of RealTimeID with regard to the processing of personal data are otherwise governed exclusively under the terms of a separate data processing agreement entered into with the Customer at the start of the Service. The terms are available on https://realtimeid.no/en/privacy-policy/

  1. Disputes

If a dispute arises between the parties regarding the interpretation or legal effect of the Agreement, the dispute shall be resolved through negotiations. If such negotiations do not succeed, either party may demand that the dispute be settled – by the ordinary courts and the parties adopt Sør-Trøndelag District Court as the proper venue.