1. Overall
We have written it in several places, but clarify that the parties can also conceivably agree on assembly where the agreement concerns the sale of generic construction products. However, NS 8411 does not contain provisions for assembly. Our recommendation is that the parties — if so — agree that NS 8412's rules on assembly are applied.
The rules on assembly also include the handover after assembly, and we have written about this in an article that exists here.
2. Overview of the rules
3. Assembly plan
It is stated in NS 8412 paragraph 21.1 that the seller must draw up an assembly plan “in consultation with the purchaser”.
The rest of the provision contains moments for what such an assembly plan must (and should) contain.
The list is not exhaustive, but it is very specific and we see no reason to repeat these here.
4th. Assembly work
NS 8412 paragraph 21.2 provides guidance on how the work should be carried out.
It may be appropriate to remind that assembly work should normally take place on an ongoing construction site, and must therefore be coordinated with other on-site activities.
In the first paragraph of the provision, the obvious is stated, namely that the assembly work should take place according to the agreement of the parties and the assembly plan.
Furthermore, it follows that testing etc should be conducted if agreed and if so in accordance with standard industry practice. We are a little unsure why this is repeated here than as long as this is a duty incumbent on the seller in preparation for the actual takeover business, which we have written about in the article we have a link to in paragraph 1.
In the last paragraph, it is established that the buyer has the responsibility and risk that the conditions on the construction site comply with public law regulations. In our view, this should be understood somewhat further, namely that the buyer has the responsibility and risk that the conditions on the construction site are justifiable for the seller when assembling it.
5. Insurance
NS 8412 paragraph 21.3 states that the seller must take out a liability insurance policy “covering damage to the purchaser's or third party's person and things in connection with the assembly”.
