Atea AS General Sales and Delivery Terms for Business Customers, effective from February 27th 2026
1. Scope of the Agreement
The Agreement is entered into between Atea AS (“Atea”) and Atea’s customer (“the Customer”) and applies to services, software, and products ordered by the Customer and delivered by Atea during the term of the Agreement.
Atea and the Customer are each referred to as a “Party”, and jointly as “the Parties”.
The Agreement is concluded in accordance with Atea’s offer when the Customer accepts the offer in writing (“date of signature”), and subsequently when the Customer places orders through Atea eShop, Atea Cloud Portal, and/or by phone / electronic communication / email.
All technical information, such as drawings, brochures or content on Atea’s websites, is for guidance only.
Atea reserves the right to cancel orders and/or correct prices and other terms in the event of obvious errors in eShop, including but not limited to typing errors, technical errors, and system errors.
2. Atea eShop and Third-Party Terms
Atea eShop allows the Customer to search for, compare and place orders for hardware, software, accessories, and other related IT services from Atea and/or other IT manufacturers.
The Customer may also administer their cloud services (Public Cloud) or SaaS applications and relevant SaaS-related services.
The ordering process for such deliveries is described in the offer.
The Customer gains access to all deliveries via Atea eShop and Atea Cloud Portal, regardless of whether they are performed by Atea or by IT manufacturers and their suppliers.
Atea acts as the supplier under the Agreement, but deliveries from manufacturers are governed by terms agreed directly between the Customer and the respective manufacturer.
3. Remuneration
All prices and payment terms appear in the offer. Unless otherwise agreed, remuneration is invoiced upon delivery. Recurring services are invoiced monthly in arrears.
Invoices fall due 14 days after the invoice date. All prices are stated and paid in NOK, exclusive of VAT but including customs and all other duties.
Invoices shall be itemised and documented so the Customer can easily verify them against the agreed remuneration. For hourly services, a detailed timesheet shall be attached, and expenses specified separately.
Atea may retain title to products until full payment has been received.
If the Customer is a public sector entity, Atea must use electronic invoices in an approved standard format in accordance with the Regulation of 2 April 2019 on electronic invoicing in public procurement.
4. Delivery Provisions
All products are delivered Ex Works (INCOTERMS 2020) from the Atea address stated in the order confirmation. Shipping and freight costs are invoiced to the Customer.
If delivery is prevented due to circumstances on the Customer’s side, Atea may store the goods at a suitable location at the Customer’s expense and charge storage fees and related costs.
Delivery of a product or software is considered completed when the Customer is granted access to the service. Access may, for example, be provided by opening an API, activating a licence or another agreed method, in accordance with the manufacturer’s terms.
5. Receipt of Products: Customer’s Duty to Inspect
Upon receipt of products, the Customer must inspect the packaging for damages before the carrier leaves the delivery site.
Any damages must be noted on the consignment note or equivalent and reported to Atea immediately. The Customer must follow Atea’s checklist for goods receipt: https://www.atea.no/eshop/documents/Sjekkliste-mottak_av_gods
The Customer must preserve the original packaging (including inner packaging and pallet/stretch film) until the product is confirmed to be undamaged.
In case of damage or suspected damage, the Customer must document the condition of the packaging and product (e.g., photo/video from several angles) and keep both unchanged until the case is handled.
The Customer may request return of all or parts of the delivery via My Atea (https://www.atea.no/my-atea/) within 2 weeks of delivery, provided manufacturer terms allow it. Seals must not be broken before return.
Return may only take place once Atea has approved the request and provided necessary return instructions. After approval, the Customer is responsible for sending the product to the specified return address.
Incorrect deliveries must be reported immediately. This includes situations where the Customer receives the wrong item, where Atea or distributor recommended the wrong item based on the Customer’s criteria, or where information in Atea eShop does not match the delivered product. Atea covers the return costs for incorrect deliveries.
6. Invoicing of Consultancy Services
Unless otherwise agreed, consultancy services are delivered and invoiced on an hourly basis. Normal working hours are 08:00–16:00 on business days.
Supplements
- 50% for work outside normal working hours
- 100% for work between 20:00–08:00, weekends, or public holidays
7. Terms and Conditions for Software and Services Provided by Suppliers
Software is delivered in accordance with the manufacturer’s terms. These third‑party terms are agreed directly between the Customer and the manufacturer, and Atea is not a party to nor responsible for such deliveries.
The Customer is responsible for the use of products. Support is specified in the offer.
8. Change Management
8.1 Change Proposals
Both Parties may propose changes to the Agreement, the delivery, or other matters covered by the Agreement. Proposals must be in writing and include description, justification, and consequences for price, timeline and terms.
8.2 Processing of Change Proposals
The receiving Party shall assess the proposal without undue delay and provide written feedback. Agreement on the change shall be documented in a signed change protocol/order that becomes part of the Agreement.
8.3 Implementation of Changes
No changes are binding until agreed in writing and signed by both Parties. Until then, the original Agreement applies.
8.4 Consequences of Changes
The change protocol shall specify consequences for price, timeline, scope and other terms.
If the Customer requests changes that alter the delivery obligations, Atea has the right to demand adjustments to the remuneration and/or timelines.
8.5 Disputes on Changes
If the Parties do not agree, the Agreement continues as originally signed.
8.6 Third‑Party Terms
Third‑party terms may be amended by the manufacturer during the Agreement. Atea must inform the Customer of such changes.
9. Price Adjustments and Customs Duties
Prices may be adjusted annually in line with the Norwegian Consumer Price Index (from Statistisk sentralbyrå), unless another index is agreed.
Atea may also adjust prices without prior notice in the event of exchange rate changes, changes in customs duties and excise taxes, or new regulations relating to transport, trade, and similar services, whether on Atea’s side or the Manufacturer’s side.
Atea reserves the right to adjust the price, change the delivery date and/or cancel orders up until the delivery date if the Manufacturer changes prices, discounts, fees, delivery terms, or other conditions beyond Atea’s control. The Customer will be notified without undue delay, and Atea can document the basis for the adjustment if requested.
Atea is not liable for delays caused by changes in national customs procedures or duties, including new trade restrictions introduced after contract signing.
10. Warranty Period
The warranty period follows the manufacturer’s applicable warranty terms. The Customer is responsible for staying informed of the manufacturer’s terms.
DOA (Dead on Arrival) is a service offered by some manufacturers for specific products for a limited period. It applies to products that would otherwise be handled through normal warranty repair.
11. Intellectual Property Rights
The Customer may use the deliveries in accordance with the manufacturer’s and/or Atea’s terms.
If Atea develops material specifically for the Customer that is not otherwise agreed, Atea grants the Customer a limited, non‑exclusive licence to use such material for its own business purposes during the term of the Agreement.
12. Defects and Delays
A defect exists if deliveries for which Atea is responsible do not comply with the Agreement. Delay exists if agreed deliveries are provided after the agreed deadline.
The Customer must notify defects immediately and no later than 30 days after discovery, with detailed description and basis for the claim.
If defects are confirmed, the Customer may require remediation. Atea shall begin remediation without undue delay. Errors may, if possible, be corrected online. Atea is not responsible for circumstances caused by the Customer or force majeure
12.1 Termination
Material breach exists when the delivery or other matters for which Atea is responsible deviate materially from what is agreed.
Before claiming material breach and terminating, the Customer must give Atea a reasonable time to remedy.
Termination may occur only if remediation is not completed within the reasonable time or is clearly not possible.
12.2 Compensation
In the event of defects, the Customer may claim compensation for documented direct financial losses in accordance with the general principles of tort law, with the following limitations:
Atea is not responsible for indirect losses, including business interruptions, loss of data or lost profits.
Atea`s total liability shall not exceed 50% of the payment (excluding VAT) for the part of the Deliveries to which the claim relates, calculated on the basis of the last six (6) months prior to the date of the damage. The total liability under the Agreement shall under no circumstances exceed NOK 750,000 (excl. VAT).
The total compensation under a maintenance agreement or subscription shall not exceed the amount (excluding VAT) paid for maintenance/subscription in the last twelve (12) months prior to the event in question.
The limitations of liability herein do not apply in the event of intent or gross negligence.
12.3 Duty to Notify
Atea must notify the Customer in writing if a delivery cannot be met as agreed, including cause and expected new delivery date.
12.4 Force majeure
Neither Party is liable for failures caused by circumstances beyond their control, including natural disasters, strikes, lockouts or governmental orders.
13. Customer’s Responsibility
If the Customer fails to pay on time, Atea is entitled to late payment interest under the Norwegian Interest on Overdue Payments Act.
If payment including accrued interest is not received within 30 days of notice, Atea may send written notice that the Agreement will be terminated for material payment default.
14. Duration and Termination
The Agreement enters into force upon date of signature and applies to all orders placed during the period until termination.
The Agreement may be terminated by either Party with 3 months’ written notice unless otherwise agreed.
Any orders placed during the Agreement period continue to apply unless otherwise agreed.
14.1 Outstanding Payments
Upon termination, all outstanding invoices and obligations must be paid by the due date.
Atea may invoice for goods and services delivered for orders placed up to the termination date.
14.2 Subscription Services with Binding Period
For subscription services with binding period:
- If termination occurs before the end of the binding period, the Customer must pay for the remaining period unless otherwise agreed.
- Discounts or benefits granted during the period lapse if terminated early.
Atea shall terminate subscription services on the termination date unless the Parties agree to a transition period.
The Customer is responsible for securing data transfer or backup before termination.
15. Termination due to Insolvency or Dissolution
If a Party becomes insolvent, assigns rights to satisfy creditors, is dissolved or wound down, the other Party may terminate the Agreement with immediate effect by written notice.
16. Confidential Information
Neither Party may disclose confidential information to third parties without written consent.
This includes customer data, system information, technical facilities, personnel matters, business analyses and calculations, or other trade secrets not publicly known.
The obligation applies to both the Parties’ employees and third parties’ employees.
17. Information Security
Both Parties shall establish and maintain necessary technical and organisational measures to
(i) ensure secure and confidential processing of the other Party’s data,
(ii) protect against unauthorised access, modification, destruction or misuse, and
(iii) prevent known or expected security threats
Each Party is responsible for information security in its own systems, equipment and networks used for the deliveries.
18. Personal Data
Atea and the Customer may exchange personal data as necessary to administer and follow up the Agreement.
Each Party is responsible for its own processing of personal data and for complying with the Norwegian Personal Data Act and the EU General Data Protection Regulation (GDPR, Regulation 679/2016).
If Atea is to process personal data on behalf of the Customer and act as a data processor, this must be specifically agreed, and the Parties shall enter into a data processing agreement in accordance with the Personal Data Act and the GDPR. The data processing agreement shall be attached to the Agreement.
19. General
19.1 Assignment
Rights and obligations may not be assigned to third parties without written consent.
Consent may not be unreasonably withheld. However, the Agreement may be assigned within the same corporate group upon notice, and Atea may freely use factoring or transfer receivables.
19.2 Notices
All notices and communications must be in writing and signed by an authorised person.
19.3 Governing Law
The Agreement is governed by Norwegian law.
Both Parties shall comply with applicable Norwegian legislation and ensure that affiliates and representatives do the same.
Parties shall obtain and maintain necessary permits, certificates and approvals required to fulfil their obligations.
19.4. Dispute Resolution
Disputes between the Customer and Atea shall, where possible, be resolved amicably. If negotiations do not succeed, Oslo District Court is agreed as the legal venue.
20. Environment and Corporate Responsibility
20.1 General Responsibility
Atea shall act responsibly and contribute to reducing environmental impact and promoting sustainable development.
Atea shall comply with Atea’s Code of Conduct and with international principles such as the UNGP and OECD Guidelines for Multinational Enterprises.
20.2 Environmental Management and Continuous Improvement
Atea has an environmental management system certified according to ISO14001 or equivalent.
Annual goals and measures shall be set to reduce environmental impact, and results shall be documented.
20.3 Circular Economy and Resource Management
Atea promotes circular economy, extended product lifetimes and material recovery.
Transport, packaging and waste solutions shall aim for minimal environmental impact, and suppliers shall have return and recycling schemes where relevant.
20.4 Human Rights, Working Conditions and Ethics
Atea respects human rights and decent working conditions in line with ILO conventions.
There is zero tolerance for child labour, forced labour, discrimination, harassment and corruption.
Due diligence assessments shall be conducted to identify and manage risks to people, the environment and society.
20.5 Transparency and Reporting
Atea complies with the Norwegian Transparency Act and publishes due diligence assessments on its websites: