General Conditions of Sale              

Mechanical Equipment

Delivery of mechanical equipment is covered by Orgalime.

 

Industry chemicals and base metals 

1     Scope of Validity

These general conditions of sale apply when no other written agreement has been reached.

2     Agreements

The buyer is required to allow two weeks for vendor approval. The agreement is formed when the seller sends an order confirmation during this time.

3     Delivery and Delivery Times

Goods are delivered ex sellers warehouse

Stated delivery times shall be counted from the date of the contract or from the date the vendor receives notice that a valid export or import license has been issued, if that date is later and a license is required in order to fulfill the contract.

4    Delays

If a party finds that he cannot keep to the agreed date of delivery or partial delivery or receipt of the goods, the other party shall be informed thereof without delay. If the delay is not covered by conditions referred to in paragraph 14, and causes significant inconvenience to the other party, the party not responsible for the delay may cancel the contract as pertains the goods which are delayed.

The seller is not liable for any damage caused by delay.

5     Quantity

The quantity stated in the order confirmation may vary by a maximum of 10% to what is actually delivered. The buyer is liable to pay for the quantity delivered.

6     Value Added Tax (VAT)

The order confirmation stated price is Nett of value added tax which the seller is entitled to charge.

7     Price adjustments

The seller has the right to increases in price, which may be caused by changes in exchange rates, taxes and other similar charges.

8     Payment

Payment shall be made according to the terms agreed in the order confirmation. If payment is not made as according to these terms, interest may be charged from the due date or the delivery of goods may be delayed. 

9     Payment security


If there are reasonable grounds to suppose that the buyer will not fulfill payment, the seller has the right to require acceptable security. If this is not given straight away, the seller will write to cancel the contract in respect of goods not delivered.

10  Product Information and Product Liability

The seller is not responsible for the goods being suitable for any particular purpose unless he declares in writing that this is the case.
Any injury caused by goods sold are answerable to by the seller, only if it can be shown that the injury was caused by negligence by the seller or by a party the seller is responsible for.

The seller is not responsible for any damage to real estate or personal property due to a harmful property of the goods sold. The seller is not liable under any circumstances for a loss in production, loss of profit or other indirect damages.
To the extent that the seller incurs product liability through third parties, the buyer is obliged to indemnify the seller to the same extent as the seller's liability is limited under this paragraph.

11   Errors or Defects in the Goods

Goods delivered with errors or omissions shall, if both party so desires and it is practically possible for the seller, be exchanged or any lack filled. If correcting the error or filling the order does not happen within a reasonable time the purchaser is entitled to deduction of the purchase price corresponding to the fault or deficiency. If the error is substantive or lack substantial the purchaser may terminate the contract.
The seller is not liable for damage due to any failure or deficiency and is not required to compensate the buyer for loss of production, loss of profit or any other indirect damage

12  Complaints

The buyer shall, within one week of receipt of the goods, inform the seller in writing of any deficiency. In the case of errors or defects that have clearly arisen as a result of transport, it is the receiver’s responsibility to give written notice to both the carrier and the seller of the defect or deficiency. If the buyer does not comply with the provisions set forth in this paragraph, he may lose any rights with respect to the defect or deficiency.

13  Partial Deliveries

The buyer is not entitled to in case of delay or failure or deficiency in the installment contract rescinded otherwise, even if entitled to cancel the installment would be applicable to him under any other provision of these regulations. If delivery is postponed due to circumstances specified in paragraph 14, the seller may defer subsequent deliveries accordingly.

14  Force Majeure

Would the seller's ability to fulfill the contract or the buyer's ability to accept the goods be prevented or substantially impaired as the result of a labor dispute or circumstances beyond the party's control, such as fire, war mobilization, government decisions, extensive disruption of the Party, failed deliveries from subcontractors or energy or raw material shortages, they are entitled to postpone delivery or receipt for the length of time required to remove the effects of such a circumstance, but only if such a circumstance could not have been predicted at the time of making the contract and plans could not have been made to avoid it. If this period exceeds two months, either party has the right to fully or partly terminate the contract in respect of the supplies which would have been delivered ​​during the time in question. This applies even if the circumstances referred to above occur after the agreed delivery time.
Neither party is liable for a cancellation of the contract due to any circumstances specified in this paragraph.

15 Governing Law, Arbitration.

This agreement is covered by Swedish law. Any dispute arising from the contract shall be settled by arbitration in accordance with the Swedish Arbitration Act. Parties may, however, appeal to a court for matters not exceeding the amount of 50,000 Swedish crowns.

            

 

Candor Sweden AB, Box 946, Spårgatan 11, S-601 19 NORRKÖPING, Sweden _ Tel: +46 (0)11 217500 _ info(at)candorsweden.com