Loading…
Last updated: March 2020
These General Conditions of Sale, Service and Delivery (GTCs) shall apply to all our business relationships with our customers (“Buyers”). The GTCs shall apply in particular to contracts for the sale and/or delivery of goods (“Goods”), regardless of whether we produce the goods ourselves or buy them from suppliers. Unless otherwise agreed, the GTCs shall apply in the version valid at the time of ordering by the Buyer. Our GTCs shall apply exclusively.
Our offers are non-binding and subject to change. The ordering of goods by the Buyer shall be considered a binding contract offer. We shall be entitled to accept this contract offer within four weeks of its receipt by us. Acceptance can take place either in text form (e.g. order confirmation by e-mail) or by delivering the goods to the Buyer.
The delivery period shall be agreed individually, or stated by us upon acceptance of the order. Delivery dates or periods which have not been expressly agreed upon as being binding shall be exclusively non-binding. If we cannot meet binding delivery deadlines for reasons for which we are not responsible, we shall immediately inform the Buyer thereof and provide the new, most probable delivery date.
The delivery shall be carried out from the warehouse (FCA Hjo, Incoterms 2010), which is also the place of performance for the delivery and for any subsequent performance. The risk of accidental loss and accidental deterioration of the goods shall pass to the Buyer at the latest with the transfer of the goods.
Unless otherwise agreed in individual cases, our prices are valid at the time the contract is concluded ex-warehouse (FCA Hjo, Incoterms 2010), plus statutory VAT, if applicable. The purchase price shall be due and payable within 30 days of invoicing and delivery or acceptance of the goods.
We shall retain ownership of the purchased goods until complete settlement of all current and future liabilities from the purchase agreement and an ongoing business relationship. The goods subject to retention of title shall be neither pledged to a third party before complete settlement of the secured claims nor transferred as means of a security.
For the rights of the Buyer regarding physical and legal defects the statutory provisions shall apply unless otherwise agreed. The warranty period shall be one year from the date of delivery or, if acceptance is required, from the date of acceptance.
Unless otherwise stipulated in these GTCs, we shall be liable in accordance with the statutory provisions for any breach of contractual and non-contractual obligations. We shall be liable for damages for intent and gross negligence. Notwithstanding the above, we will not be liable for any loss of use, loss of product, loss of profit, downtime or any other indirect, incidental, special, punitive or consequential damages.
We reserve the right to perform checks of legal export provisions and will supply any necessary regulatory approval subject to these checks. The Buyer shall be obliged to obtain any required import licences.
Performance by either party hereunder will be extended for a period of time equal to reasonable time lost due to delays beyond the reasonable control of such party including acts of God, earthquakes, floods, fires, epidemics, pandemics, wars, strikes, and other causes beyond the reasonable control of such party.
Swedish law shall govern these GTCs and the contractual relationship between us and the Buyer, excluding international uniform law, in particular the UN sales law. Any dispute shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.