1. Overview
When two parties decide to enter into an agreement governed by either NS 8411 or NS 8412, it is because one buys and the other sells “construction goods” or manufactures “products”.
One would therefore expect the requirements for the construction products or products to be dealt with early in the standard contracts, but they do not. The rules on these requirements can be found in Chapter VI of the Standards. The next chapter (VII) deals with deficiencies.
The provisions on how delivery is to take place and the rules on the timing of when delivery is to be carried out can be found in Chapter IV of the Standards. Since the rules on delay and the consequences of delay are so closely related to the rules on delivery, delay is dealt with in the following Chapter V.
We have chosen to distribute our review of the rules on delivery on three articles, of which of this is the first and the parent.
In the preceding Chapters I — III, there have been broadly equivalent provisions in both standards, with some exceptions.
In Chapter IV of the standards, on the other hand, we find several differences between NS 8411 and NS 8412.
The differences consist essentially in the fact that NS 8412 contains several provisions that can be returned to two key differences between the two standards. While NS 8411 concerns the purchase of (generic) construction products that are normally in stock, or can be obtained from the downstream sales pipeline, NS 8412 deals with products to be manufactured to the buyer's specifications and to assembly on a building or construction site.
This is not all that the Seller can control in terms of the manufacturing process and, accordingly, NS 8412 contains rules that apply if such circumstances cause delays to the Seller. Therefore, according to the circumstances, the seller may be entitled to an extension of the deadline, which has consequences for the time of delivery. Secondly, an agreement on assembly will have the consequence that one must undergo special procedures to verify that the assembled is working properly.
We have chosen to deal with these provisions in a separate collection of articles for the special provisions of NS 8412.
2. Rule mirror
Below we have adopted a separate matrix in which we have listed all the provisions covered by Chapter IV of NS 8411 and NS 8412, respectively. As can be seen, Chapter IV of the two standard contracts contains very many provisions, taken together.
All that is highlighted in red font are provisions that exist only in NS 8412, and which are not addressed here. We consider them in the collection for those provisions peculiar to NS 8412.
The other provisions (in normal black print) are essentially the same. To the extent that there are inequalities we make note of it.
3. The further scheme
Both standards contain a paragraph called “Agreed terms of delivery”, see NS 8411 paragraph 11 and NS 8412 paragraph 11.1.
The two provisions state nothing more than that delivery shall take place according to agreement, and that INCOTERMS shall apply if this is specifically agreed.
These two provisions therefore do not necessitate a separate article.
Both standards also contain a point dealing with “Documentation on delivery” see NS 8411 paragraph 14 and NS 8412 paragraph 12.
In our view, these provisions are very exhaustively described in the standards. The provisions appear to be reasonably technical and we consider that the obligations incumbent on the seller are reasonably well known in the industry.
Accordingly, we are content to refer to the wording of NS 8411 paragraph 14 and NS 8412 paragraph 12, respectively.
The rules of “Risk and Insurance” in NS 8411 paragraph 15 and NS 8412 paragraph 12.2 respectively are short.
The provisions on risk state that the risk that the construction product or the manufactured product passes from the seller to the buyer when it is handed over, while the provision on insurance states that the person who bears the risk should provide insurance. There will therefore be other provisions specifying in more detail when the goods or goods are to be regarded as handed over. In this regard, we refer to the rules on consignment purchases and pickup purchases, as well as the rules on take-over business at assembly which are dealt with in the collection, which include only special provisions of NS 8412.
