Unless otherwise separately and in writing agreed upon by the parties, the following conditions shall apply in preference to all other conditions between the companies in Company name and its clients.
The Buyers order placements are expressly conditioned upon the Buyer’s acceptance of all of the terms and conditions of incorporated herein by reference. Any additional terms and/or conditions stated on the order confirmation stated by the Seller shall apply in addition to these conditions.
Any additional or different terms and conditions which may appear in any communication from Buyer are hereby expressly objected to and shall not be effective or binding unless specifically agreed to in writing by Seller. No such additional or different terms or conditions contained in any printed or incorporated form by reference of Buyer shall become part of this sales despite Buyer’s acceptance of goods unless Seller specifically agrees otherwise in writing.
Terms of delivery
Ex.works Company Name, in accordance with INCOTERMS 2000.
Claims made by the Purchaser arising from delays in delivery attributable to the freight or haulage contractor must be made direct to the contractor concerned.
Prices are exclusive of VAT and/or costs of design or layout work where applicable. An expediting charge of SEK 75:- will be made in respect of all orders with a value of less than SEK 500:-. Quantities of goods supplied will be accurate to within 10 percent.
Means of delivery
Goods will be delivered via DHL/Post Nord/Bring, business delivery department and its partners/agents, except in such cases as the Purchaser has given written instructions for some other form of delivery and has supplied Company name with completed delivery documents.
Terms of payment
Except where otherwise agreed, goods must be paid
for COD. In the event of outstanding invoices not having been paid by the Purchaser by their due date; further goods will be supplied on a COD basis until all outstanding debts have been liquidated.
All orders are accepted on the basis that the Purchaser supplies satisfactory underlying material. In the event of uncertainty arising, the Purchaser should contact the sales representative of the actual case.
Cancellation of order
If Purchaser wants to cancel a confirmed order after the order is placed for production, a cancellation agreement must be obtained from and approved by the factory and the Vendor will charge for all incurred costs and lost profits for the deal.
Except in cases where the Purchaser has informed Company name sales representative of a defect in the goods delivered within the specified period after their delivery, the Purchaser is ineligible in claiming for goods that are defective. Claims in respect of defects noted, or that should have been noted on receipt of the goods by the Purchaser or by a person authorized by the Purchaser to receive them must be made within one calendar week of their receipt and, where applicable, before the goods are processed. In all other cases, claims must be made within a reasonable time after a defect is noted, or should have been noted, or has otherwise come to the knowledge of the Purchaser as the result of a claim from
a third part. If no claim is made within four calendar months of the date when goods were received, the Purchaser will be ineligible to make a claim.
The Vendor´s liability to make good any loss suffered by the Purchaser in respect of defects in the goods is limited a maximum of 10 percent of the sales price stated by the company in Company name in respect of the goods.
The Vendor will not be liable to make good any loss suffered by the Purchaser as a result of delay on the part of the Vendor in cases where such delay is the result of circumstances outside the control of the Vendor, and which the Vendor could not reasonably expect to arise on the occasion of the sale of the goods, and consequences the Vendor could not reasonably be expected to have avoided or overcome and consequences the Vendor could not reasonably be expected to predict or prevent.
The Vendor will not be liable to make goods any loss suffered by the Purchaser as a result of a defect in the goods in cases where circumstances are outside the control of the Vendor, and which the Vendor could not reasonably expect to arise on the occasion of the sale of the goods, and consequences the Vendor could not reasonably be expected to have avoided or overcome prevent the supply of goods free of defects.
The Vendor shall only be liable to make good any indirect loss suffered by the Purchaser in cases where it can be shown that such loss is the result of gross negligence on the part of the Vendor.
Defective Goods or goods which for any reason do not correspond to the Buyers, or the Buyers customers request, shall in an eventual re-production be sent back on the Buyer’s risk and costs to the Seller. The fact that the Goods have been taken in use and can’t be returned, will result in that the Seller doesn’t have any further obligations for such costs as manufacturing and logistics costs when it comes to produce new products.
Delayed delivery or damaged goods that are caused by the transportation company shall be claimed by the Buyer directly to the transportation company. When the Buyer has received a valid claim number from the transportation company, Company Name can assist in the claim.
Changes in prices
The companies in Company Name reserves the right to alter prices and to make any necessary adjustments due to the fluctuations in the rates of exchange at any time. The foregoing Price List and Terms and Conditions of Sale replace all previous price lists and terms and conditions of sale, and any quotations based upon them. Company Name also reserves for print errors in pricelists and quotations of its companies.
Sample of production
If customer requests sample of approval before mass production starts, this should be ordered separately. Delivery of samples will be at normal run of things. If customer requests fast delivery of sample for approval, the cost of SEK 500 will be charged for a DHL document.