General conditions of sales and delivery
Preamble
These General Conditions of Sale and Delivery shall apply, save as varied by express agreement accepted in writing by both parties.
Contract
A tender is not binding for the Seller until the tender has been accepted and final confirmation of delivery on the part of the Seller has been made.
Quality
Unless otherwise agreed, delivery will be in the standard quality of the Seller. When ordering a different quality than the standard quality of the Seller, the Seller has the right to deliver ten percent more or less than indicated on the order. Reference values for the technical quality of standard products are indicated in the product description, which can be obtained on request. Information on the test method used and on applicable tolerance levels can also be obtained.
Function
Since the Seller has no control over conditions after delivery under which the goods will be handled and managed, the Seller disclaims any responsibility for the functioning of the goods.
Payment
Payment shall be made within 30 days from the date of invoice, unless otherwise agreed upon. Should payment fail to be made in time, the Seller is entitled to penalty interest equal to the current Swedish discount rate plus 8% computed from the date due until full payment has been made.
Retention of title
The goods remain our property until full payment of the goods, including associated expenses, has been received. We are entitled to the goods without the consent of the buyer, even in case of partial payment.
Currency clause
In the event of changes in currency exchange rates caused by the decision of a Swedish or foreign central bank or other foreign exchange authority, the Seller reserves the right to adjust his prices accordingly.
Price changes
The sales price is based on the raw material prices, costs and currency exchange rates in effect at the time of tendering. Cost increases before delivery of the goods entitle the Seller to alter the price. If the Buyer does not approve the new price, the Seller is entitled to cancel the order.
Value-added taxes
The purchase price does not include value-added tax.
Delivery
Delivery shall be made - unless otherwise stated - ex Seller´s works. If no delivery date has been stated, delivery shall be made when the goods are ready. Delay in delivery does not entitle the Buyer to cancel the order, save as such right has been expressly granted to him. The Seller is not liable for damages in the event of damage due to delay.
Reliefs
Should, on account of circumstances beyond the control of the parties, such as labour conflict, war, decision of the authorities, major work stoppage at one of the parties, deficiency in deliveries from sub-contractors, or shortage of raw materials, the Seller´s possibilities to make delivery of the Buyer´s possibilities to take delivery be prevented or considerably impeded, the Seller or Buyer, respectively, shall be entitled - if the circumstances should not have been taken into consideration when the purchase was made and if the party also could not reasonably have removed the detrimental effect of the circumstance - to postpone delivery for as long as is necessary in order to remove the effects of such circumstance. Should this time exceed two months, both parties shall have the right to terminate the Contract, wholly or in part, as regards the deliveries which should have been made during the period in question. This shall also apply in the event that such circumstance as referred to above occurs after the contractual delivery period.
A party desiring to take advantage of a right as provided for above shall without delay give notice in writing to this effect to the other party. A party shall not be liable for damages in the event of a termination, wholly or in part, of the Contract on grounds of a circumstance stated in this point.
Defects or shortcoming of goods
If the delivery goods are found to have faults for which the Seller is responsible, the Seller is obliged to take back unused defective goods without any delay and also undertake to deliver new goods free from defects, as soon as possible as replacement for the faulty goods. If the item is not in the Seller´s stock, the Seller may choose to pay a reimbursement instead, no higher than the invoiced amount. Furthermore, the Seller disclaims any liability whatsoever for damages or expenditure caused by the defect. The Seller disclaims any responsibility for damage or failure due to circumstances outside the Seller´s control.
Disputes
Any dispute as to the construction of application of Contacts shall be settled according to the Swedish Arbitration Act. The Seller shall however be entitled to bring action in a public court of law to claim payment for deliveries made or expenses arising in connection therewith.