Terms of sale
The following conditions apply unless otherwise agreed in writing.
1. CONTRACT
The seller is only bound after he has issued a written acknowledgment of the order (order confirmation).
2. DELIVERY TIME
If the delivery time is specified as a certain period, it must be calculated from the latest of the following
times:
a) the date of conclusion of the agreement.
b) the day the seller receives notification that a valid export or import license has been issued if
one is required for the contract fulfillment.
c) the day the seller receives such payment as stipulated in the agreement, which must be paid
before delivery begins.
Delivery is considered to have taken place on time if the goods are either dispatched within the
delivery time from the seller or, where applicable, his supplier or reported ready for dispatch
inspection
3. SUCCESSIVE DELIVERY
If the agreement refers to successive deliveries, each delivery must be regarded as an independent sale. Thus, the buyer does not have the right to cancel the contract in the event of a delay in the partial delivery or an error or deficiency in the partial delivery. If delivery is postponed because of circumstances specified in point 12, the seller owns the right to postpone subsequent deliveries to the corresponding extent.
4. DELAY
If a party finds that he cannot keep the agreed time for delivery (partial delivery) or receiving of the goods, the other party must be informed of this without delay. If the buyer is delayed with receiving, the risk for the goods passes to the buyer at the agreed time of delivery. If the delay causes significant inconvenience, it belongs to the parties who are not responsible for the delay, cancel the agreement as far as delayed goods are concerned. If the buyer´s delay in receiving causes the seller to cancel the contract, the seller is entitled to damages. The seller is not liable for damages in the event of damage due to delay.
5. ERRORS & DEFICIENCIES IN THE DELIVERY
The quantity stated in the order acknowledgment may be exceeded or understated by 10%. If the delivered goods are defective, they must, if the party so wishes, and it is practically possible, be exchanged for a defect-free one or the defect filled. If the defect is not rectified or the defect is not filled within a reasonable time, the buyer is entitled to a deduction from the purchase price that corresponds to the defect, or to cancel the contract. In the event of a fault, however, the buyer has the right of cancellation only if the fault is not minor. The seller is not liable for damages in the event of damage due to errors or defects. If the buyer claims that there are defects in the goods, the buyer must arrange and pay for the transport of the goods to the seller for inspection.
6. COMPLAINT
The buyer is obligated to notify the seller in writing within 30 days of receiving any defect or deficiency in the goods that he has noticed or removed if he otherwise loses his additional rights due to the defect that has arisen as a result of transport and which can be ascertained without difficulty, however, it is the responsibility of the buyer in the event of an incident as stated above to notify the relevant carrier and the seller in writing immediately after receiving of the error or defect
7. TRANSPORT
Transport takes place at the buyer’s expense and risk, even with free delivery. The risk for the goods passes from the seller to the buyer when taken care of for transport by the buyer or by an independent carrier. Transport insurance is not taken out by the seller
8. PRODUCTION INFORMATION AND PRODUCT LIABILITY
The seller is not responsible for the goods being suitable for any particular purpose unless it has been declared to be the case through a written guarantee. The seller is not obliged to the buyer to compensate for damage due to the damaging nature of the goods. The buyer is liable to third parties for harmful properties in the goods. Processing of the seller’s products is non-binding and does not release the buyer from the obligation to test for himself whether the goods are suitable for the intended purpose. The buyer is responsible for any third-party rights of protection.
9. PRICE ADJUSTMENT
If a fixed price has been agreed upon and is introduced after the conclusion of the agreement for the goods, export or import duty, customs, export tax, import, and delivery, or other similar charges or there is a change to this, if the introduction or change of the charge is not taken in to account in the agreement, the price shall be changed to the corresponding extent.
10. VALUE ADDED TAX
The purchase price does not include value-added tax.
11. PAYMENT TERMS
Payment must be made within 30 days due net unless otherwise agreed. After that, a late fee and payment interest is charged.
12. INSOLVENCY, ETC
If there is reasonable reason to assume that the buyer will not fulfill his payment obligation, the seller has the right to demand that acceptable security be provided. If this does not happen without delay, the seller has the right to cancel the agreement in writing as far as undelivered goods are concerned.
13. GROUNDS OF EXEMPTION
Should, as a result of circumstances beyond the control of the parties such as labor conflict, war,
decisions of the authorities, extensive operational disruptions at the party, non-delivery from a
subcontractor, or shortage of raw materials, the seller´s ability to fulfill, or the buyer´s ability to receive
delivery is hindered or significantly hindered, the seller or the buyer, if the circumstance of not take into
account after the purchase, nor was the party reasonably able to remove the adverse impact of the
circumstance- entitled to postpone delivery for as long as necessary to remove the effects of such
circumstance.
Should this time exceed four months, each party has the right to cancel the agreement
as far fully or partially as the deliveries that would have taken place during the time in question are
concerned. This also applies if such a circumstance, as referred to above, occurs after the agreed
delivery time. A party that wants to use the right in writing without delay. The party is not liable for
damages in the event of full or partial cancellation of the agreement due to circumstances specified in
this clause.
14. TRADEMARK
Several products are trademark-protected. If these products are processed, the trademark may not be used without written consent from the trademark holder.
15. DISPUTE
Disputes arising from the agreement shall be settled by arbitrators in Stockholm and according to Swedish law. However, the seller has the right to file a lawsuit at the Stockholm district court as far as non-payment on the part of the buyer is concerned.