Hovedkravet i saken gjelder faktura

Hovedkravet i saken gjelder fakturakrav knyttet til levering av fliser, matter og andre flisrelaterte produkter. Motkravet gjelder mislighold av avtale og heving og erstatning for levering av mangelfulle fliser.

Framstilling av saken

Solum Eiendom AS (heretter saksøkte eller SEAS) besluttet i 2013 å oppgradere sine bilutstillingslokaler i Løkka 25 i Larvik, som ble leid av Solum Bil AS. Denne oppgraderingen omfattet blant annet utskiftning av fasade ved innsetting av vinduer langs hele byggets fremside, samt flislegging av gulvet i begge etasjene. Første etasje var på ca. 900 kvadratmeter, og andre etasje var på rundt 300 kvadratmeter.

SEAS tok ved prosjektleder Atle Omlandseter kontakt med Flisesenter Vestfold AS (heretter saksøker eller FVAS). Omlandseter ønsket å forhøre seg om hva slags fliser som kunne leveres til prosjektet. Det ble opplyst om at flisene skulle legges i en bilutstillingshall, og det ble også formidlet at flisene skulle være lyse etter ønske fra Citroën og Nissan. Partene er uenige rundt flere forhold knyttet til prosessen som ledet frem til utvelgelsen av den valgte flistypen; Thassos-fliser fra Marte-serien fra den italienske flisprodusenten Casalgrande. Retten kommer tilbake til dette.

Flisene ble levert hos Solum Bil AS 2. april 2013. Flisene var ferdig lagt i første etasje i midten av juni 2013, og andre etasje stod ferdig i løpet av sensommeren 2013.

Solem Bil AS opplevde tidlig problemer med flisene. Flisene ble raskt skitne, og det ble stygge spor av både bildekk og skosåler som viste seg å være vanskelig å få bort med gulvmopp og såpevann.

SEAS henvendte seg til FVAS om problemet. FVAS tok umiddelbart tak i saken, og kom på befaring for å undersøke hva som kunne gjøres. Det ble i løpet av høsten 2013 foretatt et forsøk på å bone gulvet med en overflatevoks som var ment å gjøre renholdet lettere. Påføringen av voksen ble imidlertid foretatt på feil måte, og resultatet ble dårlig. Det ble foretatt et nytt forsøk på å legge overflatevoks på gulvet. Denne gangen mislyktes forsøket som følge av en produksjonsfeil hos voksprodusenten.

SEAS fremsatte 10. desember 2013 en formell reklamasjon. Reklamasjonen og de fremsatte misligholdsbeføyelsene ble bestridt fra FVAS' side.

Etter en del korrespondanse mellom partene, ble det besluttet å foreta et siste forsøk på å fjerne problemet i påsken 2014. Voksen ble fjernet, og gulvene ble vasket med maskin og

Resultater (engelsk) 1:

The main requirement in the case concerns the claim related to invoice the delivery of tiles, mats and other chip-related products. Against the requirement applies breach of agreement and uplift and compensation for the delivery of defective tiles. Presentation of the matter Solum Eiendom AS (hereinafter the defendant or SEAS) decided in 2013 to upgrade their car showrooms in the loop 25 in Larvik, which was hired by Solum Car AS. This upgrade included replacement of the façade by inserting the Windows along the building's front side, as well as the tiling of the floor in both floors. The first floor was at approximately 900 square meters, and the second floor was of around 300 square metres. SEAS took by project leader Atle Omlands ether contact with Tile Centre Norway AS (hereinafter the plaintiff or FVAS). Omlands ether wanted to enquire about what kind of tiles that could be delivered to the project. It was stated that the tiles should be placed in a car exhibition hall, and it was also provided that the tiles would be bright as desired from Citroën and Nissan. The parties disagree about several matters relating to the process that led up to the selection process of the selected tile type; Thassos-tiles from the Marte series from the Italian tile manufacturer Casalgrande. The Court comes back to this. The tiles were delivered with the Bil AS Solum 2. April 2013. The tiles was done on the first floor in the added mid-June 2013, and the second floor was completed in the course of the late summer 2013. Stephen Car AS experienced early problems with the tiles. The tiles quickly became dirty, and it was ugly traces of both tires and shoe soles that turned out to be difficult to get away with gulvmopp and soapy water. SEAS turned to FVAS about the issue. FVAS took hold immediately in the case, and arrived at the site inspection to investigate what could be done. It was in the autumn of 2013 made an attempt to wax the floor with a surface wax that was intended to make cleaning easier. Application of the wax was, however, made in the wrong way, and the result was bad. It was made a new effort to add surface wax on the floor. This time the attempt failed as a result of a manufacturing defect with wax manufacturer. SEAS put forward 10. December 2013 a formal claim. The complaint and they put forward the misligholdsbeføyelsene was contested from FVAS ' page. After some correspondence between the parties, it was decided to make a last attempt to remove the problem in the Easter 2014. The wax was removed, and the floors were washed with machine and

Resultater (engelsk) 2:

The main requirement in the case concerns invoice requirements related to delivery of tiles, rugs and other tile-related products. Counterclaim applies breach of contract and cancellation and compensation for the delivery of defective tiles. Presentation of the case Solum Eiendom AS (hereinafter defendants or SEAS) decided in 2013 to upgrade its car showrooms in Løkka 25 in Larvik, which was rented by Solum Bil AS. This upgrade included the replacement of the facade by inserting windows along the building's front side, and tiling of the floor on both floors. The ground floor was approximately 900 square meters, and the second floor was of around 300 square meters. SEAS took the project manager Atle Omland Seats contact Tile Centre Vestfold AS (hereinafter plaintiff or FVAS). Surrounds Seats wanted to inquire about what kind of tiles that could be delivered to the project. It was reported that the tiles would be laid in an auto exhibition hall, and it was also conveyed that the tiles should be bright at the request of Citroën and Nissan. The parties disagree about several issues related to the process that led to the selection of the selected tile type; Thassos tiles from Marte series from the Italian tile manufacturer Casalgrande. The court will return to this. The tiles were provided by Solum Bil AS 2 April 2013. The tiles were finished laid on the ground floor in mid June 2013 and the second floor was completed in late summer 2013. Solem Bil AS experienced early problems with the tiles . The tiles quickly became dirty and it was ugly traces of both tires and shoe soles which proved to be difficult to get away with a floor mop and soapy water. SEAS approached FVAS issue. FVAS immediately took hold of the case and came on inspection to examine what could be done. It was during the autumn of 2013 made ​​an attempt to bone floor with a surface wax that was supposed to make cleaning easier. The application of adult was however taken the wrong way and the result was bad. It was made ​​a new attempt at adding surface wax on the floor. This time the attempt failed due to a manufacturing error at the wax manufacturer. SEAS put forward 10 December 2013 a formal complaint. Complaints and they put forward remedies set was contested from FVAS 'side. After some correspondence between the parties, it was decided to make a last attempt to remove the problem at Easter 2014. Adults were removed, and the floors were washed by machine and

Resultater (engelsk) 3:

The basic requirement in the case invoice requirements linked to the delivery of the tiles, mats and other tile related products. Motkravet applies to abuse of the agreement and raising and replacement for the delivery of deficient tiles.

forward position of the case

Whisper Property AS (hereinafter case increased or SEAS) decided in 2013 to upgrade their auto exhibition premises in its reins 25 in Larvik, that was rented by Whisper Car AS.This upgrade included including replacement of the facade by the insertion of windows along the entire building up side, as well as tiling of the floor in both floors. The first floor was of approx. 900 square meters, and second floor was on around 300 square meters.

SEAS took by project manager Atle Omland Ether contact with Tile Center Vestfold AS (hereinafter case increases or FVAS).The surrounding region ether wanted to interrogate themselves about what kind of tiles that could be delivered to the project. It was stated that the tiles were to be added in an auto exhibition hall, and it was also communicated that the tiles should be bright as desired from Citroen and Nissan. The parties disagree around several factors related to the process that lead up to the selection of the selected tile type;