General conditions of sales
1. All orders placed are subject to acceptance by the Company in writing.
2. The price(s) quoted are the Company’s current rates and are ex factory except where otherwise stated. Whilst every effort will be made to adhere to them, orders are only accepted on the understanding that goods will be invoiced at prices ruling at the date of dispatch. This condition does not apply to fixed price quotations. Price(s) accepted against fixed price quotations specifically exclude any increase in the Company’s prices that be occasioned by the increase or imposition of any duty or tax payable in respect of the Company’s products. Due notice of any such increases will be given by the Company.
3. Freight may be prepaid by the Company for the Customers account and charged to Customer on the invoice. The Company will endeavour to arrange shipping at the most economical rate. In the event of any general freight increase or any governmental ruling or regulation that results in increased freight costs, the Company may, without any advance notice, increase the amount of freight charged on the invoice to reflect such additional costs.
4. When an order has been received and accepted by the Company, cancellation or changes will be accepted at the Company’s discretion. The Company reserves the right to charge for all moulds made or purchased and work carried out up to the date of acceptance of cancellation/change.
5. (a) Unless otherwise agreed in writing payment is to be made in time to reach the Companies account before or on due date. Should payment not be made in due time as described in the above, the Company is entitled to charge penal interest at the rate of the Swedish bank discount +9% if not otherwise agreed upon in writing. (b) Failure to make due payment in respect of deliveries or instalments under this or any other Contract with the Company, shall entitle the Company to delay, suspend or cancel deliveries at its discretion. (c) The Company may exercise the rights set out in (b) above if the Customer becomes bankrupt or makes an assignment agreement or composition with his creditors or goes into liquidation (otherwise than of reconstruction or amalgamation purposes) or if a receiver is appointed. These rights may also be exercised by the Company if it has reasonable grounds to believe that any of such above events is likely to occur.
6. The Company and the Customer agree that until the Companyhas been paid in full for the goods comprised in this or any other sale contract between them: (a) The goods comprised in this Contract remain the property of the Company (although the risk therein passes to the Customer at the point when delivery begins). (b) The Company may recover those goods at any time from the Customer if in his possession if the Company judges that the amount outstanding from the Customer on the general statement of account between the parties is in excess of the credit limit the Company is willing to accord to the Customer; and for that purpose the Company, its servants and distributors/ agents may enter upon any land or building upon which the goods are situated. (c) If the Customer incorporates such goods into other products (with the addition of his goods or those of others) or uses such goods as materials for other products (with or without such additions) the property in those other products is upon such incorporation or use ipso facto transferred to the Company and the Customer as bailee of them for the Company will store the same for the Company in a proper manner without charge to the Company. (d) The Customer has the right to dispose of the goods or such other products in the course of his business for the account of the Company and to pass good title to the goods or products to his customer being a bona fide purchaser for value without notice of the Company’s rights. (e) In the event of such disposal the Customer has the fiduciary duty to the Company to account to the Company for the proceeds but may retain there from an excess of such proceeds over the amount outstanding under this or any other sale contract. (f) The law of the Customer shall apply with regard to § 6 a-f.
7. Any delivery dates given by the Company (whether before or after acceptance of order) are given in good faith and in expectation that the Company will be able to fulfil them. No liability is accepted by the Company for loss, damage or expense suffered by the Customer or any third party arising from failure of the Company to delivery on any specified date or time or to any place.
8. Should dispatch, shipment or delivery of the goods or any part thereof be delayed, prevented or prohibited by force majeure or for any cause whatsoever beyond the Company’s control then at the Company’s option either the contract or any unfulfilled part thereof shall be cancelled or alternatively the time for delivery shall be extended until a reasonable time after the operation of any such cause shall have ceased.
9. The Customer shall be responsible for providing labour at the delivery point for the unloading of trucks carrying goods ordered by them. The Company does not accept liability for shortages or for goods damaged during transit unless written notice is given both to the Company and the carriers within seven days of receipt of goods and an opportunity is given to inspect the same.
10. Where appropriate, all materials supplied shall be fixed in accordance with instruction set out in the Company’s latest catalogues and it is a condition of sale that the company shall be under no liability for any damages, loss or fault which may arise when such instructions have not been adhered to in all respects.
11. As regards goods manufactured by the Company, the Company will make good at its option by repair or replacement any defects therein attributable solely to defective workmanship or materials which are notified to the Company immediately upon detection and within a period of twelve months from the date of delivery and, if so requested by the Company the goods are returned to it within one month of discovery of the defect. The Company’s liability is expressly limited to repair and replacement of such defective goods at its own costs. This guarantee does not, however, extend to: (a) Defects caused by wilful or accidental damage, negligence, incorrect storage, movement of buildings or their components, installation of application whether with or without the Company’s prior knowledge. (b) Defects caused by fair wear and tear. (c) Defects involving other material applied to the Company’s goods which is not the Company’s manufacture. Save as above the Company accepts no liability for any loss, damage or expense whatsoever or howsoever caused. In the case of goods not of the Company’s manufacture, no guarantee is given or liability accepted beyond such guarantee as is given by the manufacturer. (d) Colour variations may occur between batches and must be considered acceptable.
12. Only complete cartons can be supplied.
13. Except as herein provided, any express or implied conditions, warranty, statement of representation, statutory or otherwise as to the quality of fitness of the goods is expressly excluded.
14. No distributor, agent or representative of the Company has any authority to vary or omit these conditions or any of them 15. These conditions alone shall apply to the sale of the Company’s goods to the exclusion of any conditions contained or referred to in the Customers order.
16. All transactions are closed on ”Incoterms 2010”.
17. The Agreement shall be governed, construed and interpreted in all respects according to the laws of Sweden except what is stated in § 6 of Conditions of Sale for Export.
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