GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERY
These General Terms of Sale and Delivery shall apply to all quotations, order confirmations, sales and supplies made by GasiQ AB. These general provisions do apply unless otherwise agreed by the seller and the buyer.
2. Offers and quotation
2.1 Quotations are valid for 30 days from the date of the quotation, unless otherwise agreed by the seller and the buyer.
2.2 Quotations are only valid in writing.
3. Prices and terms of delivery
3.1 The stated price quoted are excluding VAT or other similar tax.
The price is further based on the current exchange rate at the time of quotation and order confirmation, respectively. If there are, between the order date and the delivery date, a change in the exchange rate, which depends on the authorities decision to adjust currencies of the countries concerned in relation to each other, prices must be recalculated with regard to this.
3.2 Changes in customs duties, commodity taxes, prosecutors or other fees negotiated by the seller's co-vendors on the delivery's performance and which are not known by the seller, allows the seller to increase the agreed price in the same months.
3.3 Unless otherwise stated, the price is EX. Works, including packaging. Special packaging and pallet are charged at cost price and not returned. The seller's liability ends with the delivery of goods to the railway, car transport company, post office or other transport company. Any damage during transport must therefore be reported directly by the buyer to the transport company.
3.4 On order, freight fee is charged unless otherwise agreed by the seller and the buyer.
3.5 In the case of deliveries of products, which are not stocked items but ordered especially to the buyer, the seller is entitled to over or under delivery with a maximum of 10% of the quantity agreed.
4. Delivery time
4.1 Unless otherwise agreed, the specified delivery time shall be considered to run from the date the seller approves the order.
4.2 The delivery shall be considered completed on the day the goods are shipped or notified completed for collection or inspection.
4.3 If the buyer, through addition or change in the order or otherwise changes the conditions for the agreed delivery time or if the delivery delay occurs due to any circumstance specified in paragraph 5.1 or 5.2, the seller shall extend the delivery time to the extent reasonable in the circumstances.
4.4 If the delivery is delayed for more than 30 days and the delay is not due to an event as stated in paragraph 5.1 or 5.2 or to any purchaser's act or omission, the buyer shall in writing cancel the contract as far as the delayed delivery is concerned. Regardless of whether the agreement is canceled or not, the buyer is entitled to compensation or indemnity only if a special written agreement has been reached.
4.5 If the buyer fails to receive ready-made goods at a fixed time, he is nevertheless obliged to pay every payment made dependent on delivery as if the goods in question had been delivered. The seller shall arrange for the storage of the goods at the buyer's risk and cost and insure the goods at the buyer's expense if the buyer so requests.
5. Grounds for liberation (force majeure)
5.1 Due to circumstances beyond the Seller's control, such as labor conflict, accident, war status and any other difficulty in obtaining labor, transport accident, government regulations, prohibition of entry, currency restrictions or other comparable circumstances, blocked, barred, political unrest, political unrest, or other disruptions in manufacture, lack of means of transport or traffic disruption at railways, ports or other traffic institutions, or other conditions, regardless of the nature, which is beyond the seller's control and which affect the seller's ability to fulfill the contract, whether the performance of the delivery is hindered or made difficult or the manufacture if the goods sold are expensive or the delivery is delayed, the seller has the right to exempt the buyer, in the first two cases by written notice, without obligation to pay compensation, from the obligation to fulfill the deliveries either completely or In part, where the buyer does not grant conditional price increase conditions, and in the latter case obtain a corresponding extension of the delivery time against the time during which the obstacle lasts.
5.2 Delay, failure to deliver or incorrect delivery from any of the seller's subcontractors or other relationship attributable to the seller that prevents, complicates, make dearer or delay the delivery is always considered a circumstance beyond the seller's control.
6.1 Payment, where not otherwise provided, shall be made within 30 days from the date of delivery.
6.2 Payment to representative without written authorization is not approved.
6.3 The seller may, as a condition of delivery, request that the buyer provide security for the fulfillment of its payment obligation.
6.4 Acceptance or other commitment is not considered payment until it has been fully redeemed.
6.5 The delivered remains the seller's property until the same has been paid in full.
6.6 On the amount due for payment, the seller has the right to charge the interest rate on the due date. Reminder fee is paid in case of late payment.
6.7 In the event of non-payment, the seller has the right to use debt collection companies to collect payment.
7. Warranty and complaint
7.1 The Buyer shall immediately after receipt examine the goods and without delay in writing complain of any failure or defect in the delivery.
7.2 The Seller warrants that sold machines, tools, accessories and spare parts are not liable for manufacturing defects and undertakes to replace or repair the incorrect goods for a reasonable period of 1 year from the delivery's fulfillment free of charge within a reasonable time.
7.3. Note to quality in goods not caused by unsuitable transport, handling and storage conditions or as a result of atmospheric effects, relating to articles of a consumable type, shall be made immediately after the defect is discovered and no later than one year after receipt of the goods . If such a complaint is not made immediately, even though the buyer has discovered or should have discovered the error, he loses the right to prosecute the error.
7.4 A complaint against the delivered quantity shall be available
to the seller within 8 days of receipt of the goods.
7.5 In the event of a failure or defect in the delivered goods not referred to in point 7.2, the seller shall deliver new goods free of charge within a reasonable time. The seller's warranty covers only the composition of the goods and the characteristics stated in the specification of the product concerned. No guarantee is given for the work result when using the product.
7.6 The Buyer does not have the right to cancel the purchase in the event of a failure or defect, nor is it entitled to any other compensation or damages other than above or in paragraph 9.
8. Return policy
8.1 Returns or claims for claims must reach the seller no later than 8 days after receipt of goods with the buyer.
8.2 Returns of delivered goods may not take place until the seller has given written permission with return number.
8.3 Goods older than 12 months, spare parts, non-stocked products, and products with limited durability will not be accepted for return.
8.4 If the seller accepts that the products are returned but there is no negligence on the part of the seller, the buyer is credited with the invoice amount less the return fee in accordance with the return rules applied by the seller. The item must be returned with the buyer paid shipping.
8.5 Returned products must be in new condition and the seller does not accept responsibility for potential shipping damage caused by the freight forwarder.
9. Limitation of liability
9.1 The seller's liability and damages, even where the Force majeure clause is not applicable, never covers any damage that may arise to the buyer in relation to third parties or own business. Liability for damages is limited to the maximum value of the goods, or including the ruined part thereof, and can always be fulfilled through compensation from the seller.
9.2 The seller waives any liability for direct or indirect losses that may have been caused to the buyer or other persons, or damage or accident resulting from external damage or incorrect handling of the delivered goods.
9.3 The seller may make recommendations and / or oral information tailored to a specific product, and the buyer cannot therefore rely on the recommendation and / or the oral information for any other purpose.
Seller may hold demonstration and / or training regarding use of products. A given recommendation and / or oral information from the seller does not mean that the seller guarantees that a certain result is achieved but should always be considered as a guide for the buyer.
10. Procedure in case of dispute
Disputes arising from the agreement and to the provisions attached thereto and disputes concerning the re-stated and consequential legal relationships therewith shall be settled according to Swedish law to be admitted to trial in the seller's choice of Stockholm District Court as the first court or by arbitration in accordance with applicable law on arbitrators.
These general terms and conditions of sales and delivery apply from 1 January 2020.