{"id":17063,"date":"2023-11-02T15:41:38","date_gmt":"2023-11-02T13:41:38","guid":{"rendered":"https:\/\/www.weare.fi\/?page_id=17063"},"modified":"2023-11-02T15:41:38","modified_gmt":"2023-11-02T13:41:38","slug":"general-terms-of-reselling","status":"publish","type":"page","link":"https:\/\/www.weare.fi\/en\/general-terms-of-reselling\/","title":{"rendered":"General Terms of Reselling"},"content":{"rendered":"
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WEARE SOLUTIONS OY - GENERAL TERMS OF RESELLING\n<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1. PURPOSE OF THE GENERAL SALES TERMS\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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These General Sales and Delivery Terms are applied to the sales and licensing appropriate products (hereafter \u201dProduct\u201d) of WeAre Solutions Oy (hereafter \u201dWeAre Solutions\u201d). Any terms contained in any purchase order or other documents which are inconsistent with these terms are expressly rejected and shall not become a part of any contract between our companies, unless embodied in a writing signed by our both companies.<\/span><\/p>\n

A \u201cProduct\u201d means any hardware, software, service or licensed products or anything <\/span>else a Vendor sets available for WeAre Solutions to sell or services performed by WeAre Solutions, its employees and\/or agents and\/or subcontractors.<\/span><\/p>\n

A \u201cCustomer\u201d means a customer purchasing Products from WeAre Solutions. The Customer shall purchase and possess the Products and the Customer shall have no right to represent WeAre Solutions in any form.<\/span><\/p>\n

A \u201cVendor\u201d means manufacturer of the Product or company holding title to the Products.\u00a0<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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2. PRODUCT INFORMATION AND PRICING\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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WeAre Solutions shall have the right to change, increase, or decrease the Product portfolio, models and versions of Products, pricing, or Product description, and\/or end selling Product without giving prior notice to the Customer.<\/span><\/p>\n

The listed and quoted prices are exclusive of value added tax and any other taxes or <\/span>charges.<\/span><\/p>\n

A written quote by WeAre Solutions is valid for 14 days starting from the day of quote delivery to the Customer, unless otherwise stated on the quote. Unless expressly otherwise stated, all quotes made by WeAre Solutions are non-binding.<\/span><\/p>\n

WeAre Solutions shall comply with the resale terms and pricing practices as recommended by its Vendors. The current resale terms and pricings are available through the WeAre Solutions Sales Administration. When ordering Products, which WeAre Solutions invoices periodically, the Customer agrees to the terms set forth in relevant Vendor agreements.\u00a0<\/span><\/p>\n

WeAre Solutions reserves the right to change pricing after conclusion of an agreement or accepting an order in case of Vendor price increases and\/ or according to terms set by the Vendor and\/or according to WeAre Solutions exchange rate policy.<\/span><\/p>\n

WeAre Solutions or WeAre Solutions suppliers may provide recommended resell prices for the Products. WeAre Solutions is not bound by these recommendations and may implement case by case pricing plans.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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3. CUSTOMER REGISTER, TRADEMARKS, AND PRODUCT INFORMATION\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Customer shall have the right to use the Product-related trademarks in addition to the Product-related distinctive marks (\u201dDistinctive mark\u201d) only in connection with the Product sales and marketing and only in a way that is stated in and complies with valid operational guidelines referenced by WeAre Solutions and Vendors. The Customer may not remove any Distinctive marks from Products nor mark the Products with other trademarks. The Customer shall have no right regarding the Products\u2019 Distinctive marks or other trademarks that are the property of WeAre Solutions or the Vendor, except for the limited right of use granted to the Customer in this section.<\/span><\/p>\n

The Customer shall present the Products in an appropriate manner and may not provide information that is misleading or conflicting with the Product information.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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4. ORDERING\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Customer shall place orders to WeAre Solutions in writing via email, WeAre Solutions Web site or with other means accepted by WeAre Solutions. WeAre Solutions shall accept orders either in writing via email or with other mutually agreed medium or through delivery. After order acceptance, WeAre Solutions shall undertake all reasonable action to ensure delivery. Any notifications regarding delivery times are estimates only, and WeAre Solutions shall not be liable for damages in case of delays in delivery.\u00a0<\/span><\/p>\n

If the Customer\u2018s order contains incorrect or incomplete order information causing the Vendor inability to deliver the ordered Products or the need to change pricing (for example, campaign Product availability or pricing structure), WeAre Solutions shall not be held liable. In case the Vendor is unable to fulfill an order in reference to their own terms or an agreement between the Customer and the Vendor, WeAre Solutions shall have no obligation to deliver.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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5. DELIVERY, FREIGHT COST AND PRODUCT OWNERSHIP\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Delivery shall be initiated at the WeAre Solutions central warehouse facility in Finland at address \u00c4yritie 12, 01510 Vantaa, with delivery term CIP (Incoterms 2000). Actual freight costs shall be charged from the Customer unless otherwise agreed in writing. Freight costs shall be determined according to the chosen shipment method and the current pricing plan of WeAre Solutions.\u00a0<\/span><\/p>\n

In case the Products are shipped from another location than the WeAre Solutions central warehouse, the terms of the shipping party in question shall be applied.<\/span><\/p>\n

The Customer shall be responsible for the Products and shipment costs, unless otherwise agreed in writing, for the freight costs between place of delivery and destination.<\/span><\/p>\n

WeAre Solutions may make and the Customer shall accept one or more partial deliveries of the Products. Each delivery shall be considered to be a part delivery of the whole order and failure by WeAre Solutions to make any one or more deliveries shall not entitle the Customer to treat the order as a whole as disputed.<\/span><\/p>\n

The Product ownership shall be transferred to the Customer only after the purchase price has been paid in full.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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6. PRODUCT DEFECT LIABILITY, RETURNING A PRODUCT AND ORDER CANCELLATION\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Customer shall notify WeAre Solutions, in writing, of any defects in the Product or its delivery upon discovering the defect without undue delay, no later than within five (5) business days of receiving the Product. The Customer shall have no right to refer to a faulty delivery or a Product defect after that.\u00a0<\/span><\/p>\n

The Customer shall have no right to return a Product or cancel an order without prior written consent from WeAre Solutions. To acquire this consent, the Customer shall send a request for return or cancellation to WeAre Solutions via email. WeAre Solutions reserves the right to decline the request if it is unjustified, faulty, or declined by the Vendor.\u00a0<\/span><\/p>\n

When accepting a return request, WeAre Solutions will provide the Customer a return reference number which is valid for 14 days. The number must be used as reference in the return shipment, and the shipment must contain a copy of the invoice or some other relevant delivery document. The returned items must be in original (preferably unopened) packaging and the package may not contain markings or defects. Returns failing to meet the above conditions shall not be processed in any way by WeAre Solutions and are shipped back to the Customer at Customer\u2019s expense.<\/span><\/p>\n

WeAre Solutions warrants that when a Product consists of services performed by WeAre Solutions, its employees and\/or agents and\/or subcontractors, services will be provided using reasonable care and skill and following Vendor\u2019s guidelines. Services performed according to the Customer\u2019s instructions or specifications that are not in accordance with the Vendor\u2019s guidelines, are implemented at the responsibility of the Customer. WeAre Solutions reserves the right (at its sole discretion) to re-perform any services which have been defectively performed or otherwise refund the price of such services.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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7. CREDIT LIMIT, PAYMENT TERM AND DISPUTING AN INVOICE\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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WeAre Solutions shall apply for a credit insurance for the Customer, and define a credit limit according to WeAre Solutions credit policy. WeAre Solutions may at its sole discretion at any time re-evaluate credit limit based on information provided by a credit insurance company or according to WeAre Solutions credit policy. Payment term for the Customer with insured credit limit is net 30 days unless otherwise agreed in writing. If credit insurance is not granted for the Customer, Products are delivered against prepayment unless otherwise agreed in writing. If insured credit limit does not cover total value of the Customer\u2019s order, WeAre Solutions is entitled to reject the Customer\u2019s order or a special payment arrangement for value exceeding credit limit may be agreed in writing.\u00a0<\/span><\/p>\n

Any delayed payments shall be subject to a penalty interest starting from invoice due date in compliance with the Finnish Interest Act.\u00a0<\/span><\/p>\n

In case WeAre Solutions has overdue receivables from the Customer, after giving notice, WeAre Solutions shall have the right to decline delivering any accepted orders or to accept new orders until overdue payments are settled. In such cases, delivery time estimation for accepted orders is adjusted accordingly and the Customer shall have no right to make demands to WeAre Solutions regarding postponed delivery.\u00a0<\/span><\/p>\n

Any falsities in invoicing must be disputed, in writing, within eight (8) business days of the invoice date.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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8. SOFTWARE PRODUCTS\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Software products are the property of the software product Vendor, and are not sold as such but a right to use the software product is granted in compliance with the appropriate and included terms and conditions for the Product.\u00a0<\/span><\/p>\n

Software products are covered by copyright laws, and the Customer shall have no right to copy, translate, change, alternate, or modify; nor create new products based on and derived from the software product without the consent of the software Vendor nor otherwise without specifically permissive peremptory provision of the law. Neither may the Customer dismantle, break down, or otherwise decipher the manufacturing mechanisms of the software product; nor transform the software product into a human-readable or understandable form; nor join or combine it with another software product; nor make any changes, either complete or in part, to a software product.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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9. WARRANTY, PRODUCT LIABILITY, AND LIMITATION OF LIABILITY\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Vendor may have issued a warranty for the delivered Product. WeAre Solutions does not issue direct or indirect Product warranties. Any warranty repairs shall be made by the Vendor or a maintenance company recommended by the Vendor.\u00a0<\/span><\/p>\n

The liability of WeAre Solutions regarding defects in goods shall not, in any eventuality, exceed total invoicing value. In error conditions, the liability of WeAre Solutions is limited to no more than repairing or replacing the damaged or defective goods with similar or corresponding items; in case such replacement is unavailable, WeAre Solutions shall, at its discretion, reimburse the Product\u2019s value based on the net amount invoiced from the Customer. WeAre Solutions shall not be held liable for damages caused by product defects; such damages may include production breaks, lost marginal profits, disappearance or loss of data, and other possible indirect damages to the Customer or a third party.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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10. FORCE MAJEURE\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The contracting parties shall not be held liable for loss or damage that would otherwise indicate liability as per these General Sales and Delivery Terms, but that are the result of delays in delivery or breach of these General Sales and Delivery Terms, when such delay or damage is caused by circumstances that prevent fulfilling contractual obligations or cause undue difficulty in doing so.\u00a0<\/span><\/p>\n

On the part of WeAre Solutions, the following, among others, are considered force majeure: termination of critical user rights; refusal to grant critical user rights; or unavailability of the Product. The aforementioned and similar conditions are deemed force majeure only if their effect on the fulfillment of contractual obligations could not be predicted at the time of the agreement.\u00a0<\/span><\/p>\n

A party invoking force majeure must inform the other party, in writing and without delay, of the occurrence of a force majeure and of its termination. Both parties shall have the right to cancel an order in writing in case either contractual party fails to perform its obligations for a period of over 60 days due to force majeure. Discharge from liability in accordance with this force majeure clause shall not, under any circumstances, free the Customer from their obligations to pay all debts in full.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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11. LEGISLATION\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The Customer must adhere to all applicable laws in their operations. It should be noted in particular that the Customer may not sell or otherwise turn over or export Products, including software products and documentation or other equipment, information, or other end product out of Finland without considering any and all legislation pertaining to export, sales, or handover; including the export legislation within the United States Administration Act.\u00a0<\/span><\/p>\n

The Customer shall undertake to refuse sales to customers that are suspected of being in possible breach of the aforementioned laws. WeAre Solutions may refuse to deliver Products if any party of the sales is suspected of being in possible breach of aforementioned laws or according to any WeAre Solutions policies, or the Customer refusing to sign \u201cCustomer end use and export compliance certification\u201d (EUC) when WeAre Solutions requests to.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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12. DISPUTE RESOLUTION\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Any disputes and dispute-related matters caused by these General Sales and Delivery Terms or their interpretation and application shall be settled in accordance with the Finnish Law and in the lower court of justice of the WeAre Solutions domicile.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

WEARE SOLUTIONS OY – GENERAL TERMS OF RESELLING 1. PURPOSE OF THE GENERAL SALES TERMS These General Sales and Delivery Terms are applied to the sales and licensing appropriate products (hereafter \u201dProduct\u201d) of WeAre Solutions Oy (hereafter \u201dWeAre Solutions\u201d). Any terms contained in any purchase order or other documents which are inconsistent with these terms […]<\/p>\n","protected":false},"author":10,"featured_media":11253,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"_improvement_type_select":"improve_an_existing","_thumb_yes_seoaic":false,"_frame_yes_seoaic":false,"seoaic_generate_description":"","seoaic_improve_instructions_prompt":"","seoaic_rollback_content_improvement":"","seoaic_idea_thumbnail_generator":"","thumbnail_generated":false,"thumbnail_generate_prompt":"","seoaic_article_description":"","site-sidebar-layout":"default","site-content-layout":"default","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-17063","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/pages\/17063","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/users\/10"}],"replies":[{"embeddable":true,"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/comments?post=17063"}],"version-history":[{"count":5,"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/pages\/17063\/revisions"}],"predecessor-version":[{"id":17068,"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/pages\/17063\/revisions\/17068"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/media\/11253"}],"wp:attachment":[{"href":"https:\/\/www.weare.fi\/en\/wp-json\/wp\/v2\/media?parent=17063"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}