SafeSack Scandinavia AB - General Terms of Delivery
Updated 2020-08-27
Applicability
These general terms of delivery apply unless otherwise agreed. Any deviations from these terms shall not be effective unless agreed in writing. In writing can also mean in electronic form.
In the event of a dispute between different language versions of these general terms of delivery, the Swedish version shall prevail.
The Validity of the Offer
Each offer of the supplier is always without engagement. A contract shall be deemed to have been made if the supplier has sent a written order confirmation.
Order
Cancellation or modification of an order is only possible with the supplier’s written consent.
Period of Delivery
a)
Delivery is considered to have taken place in time, if the goods within the delivery period either have been shipped from the supplier, have been reported ready for shipment or for inspection.
If the customer does not fulfill the obligations in time or delayed the performance, the supplier is entitled to extend the delivery time accordingly, unless the supplier prefers to exercise his right to cancel the contract.
b)
Delayed delivery entitles the customer to damages only if this has been specifically agreed upon in writing.
c)
Should, as a result of force majeure, the delivery be prevented, obstructed or delayed, the supplier relinquishes all responsibility and reserves the right to cancel the whole or a part of the contract, or to postpone the delivery with a new agreed delivery date.
The following circumstances shall among other things constitute Force Majeure: industrial disputes, military call up and every other difficulty in obtaining labor, war, blockade, barriers, political disorder, pandemics, state interference of various kinds such as confiscation, export and import bans, also refused licenses from various government authorities, fire, shortage of water, flooding and other natural events, machine damage or other disruptions in manufacturing, lack of means of transport or traffic disruption at railways, docksides or other traffic institutions, delayed ships or other means of transportations, discards during manufacture that could not have reasonably been foreseen, non-delivery, faulty delivery or delayed delivery of semi-finished products, raw materials etc. or other circumstances, regardless of what kind, for which the supplier have no control over and which affects opportunities to fulfill delivery obligations.
d)
If the customer neglects to receive the goods on the specified date, the customer is obliged to pay every payment made for delivery, as if the goods in question had been delivered.
Warehousing
If agreed upon, the supplier undertakes to provide storage of the goods up to 12 months. The storage time that the parties have agreed on, can be found in the order confirmation.
The seller reserves the right to send the goods directly to the buyer and charge the buyer for the shipment of the goods when the time period for warehousing is exceeded and when the units are still stored in the warehouse.
Payment
a)
Delivered goods shall be paid by the customer to the extent delivery takes place. The payment shall be made in the manner and the time specified in the agreement between the parties. Unless specific conditions of payment have been agreed upon, the invoice shall be paid within 30 days after the invoice date.
b)
If reasonable reason arises before delivery, for assuming that the customer will not be able to fulfill his payment obligation, the supplier has the right to request security for the proper and punctual observance of its payment obligations or an advance payment.
If security of payment or an advance payment is not provided by the customer or not approved by the supplier, the supplier has the right to cancel the contract.
Delivered goods remain in the supplier’s property until full payments has been made. Acceptance or other engagement is not considered payment until full redemption has been made.
c)
In case of payment after the due date the supplier is entitled to an interest rate of 8% in addition to the Riksbank’s (Sweden’s central bank) interest rate.
d)
The buyer is responsible for the supplier’s costs, in the case of collection of receivables that are due.
Incoterms
Unless agreed otherwise, the responsibility of the goods passes to buyer as per the agreed Incoterm, which can be found in the order confirmation.
Delivery quantity
The supplier reserves the right to over delivery or under delivery with a maximum of 10% of the agreed quantity.
Prices
Confirmed prices apply with reservation for changes in exchange rates, raw material prices, taxes and public charges. If changes in exchange rates, raw material prices, taxes and public charges occur after the date of the offer or signed contract, the supplier has the right to adjust the price accordingly upon delivery.
Packaging
Packaging, in addition to standard, is charged at cost price.
Insurance
The supplier arranges insurance on the behalf of the costumer only if this has been specifically agreed upon.
Liability for defects
Should the delivered goods be defective, for which the supplier is responsible, the supplier is obliged within a reasonable time to free of charge withdraw, compensate, repair or rework the defective goods, provided that the customer notifies the supplier in writing of the defect within 20 days from the signed delivery note. In the event of a complaint, the customer must present their claims and state the basis for these. Otherwise, the complaint will not be valid and the customer lose their right to bring action.
In addition, the supplier has no obligation to pay compensation or damages for the direct or indirect losses that may occur to the customer due to the
error.
Disputes
All disputes arising under or in connection with an agreement or agreements resulting therefrom or the performance thereof between supplier and buyer as well as any disputes regarding these general terms of delivery, which cannot be resolved through negotiation between the parties, shall be settled by arbitration by one arbitrator in accordance with the applicable Swedish arbitration law. The arbitration proceedings shall take place in Helsingborg, Sweden.
Regardless of what is stated above, a competent Swedish general court may take legal action for collection of receivables that are due.
Value-added tax (VAT)
The agreed purchase price does not include value-added tax, unless expressly agreed otherwise in writing. Where, due to authority’s decision or due to a higher tax than debited is to be paid, the supplier is entitled to redebit.