Terms of sale
General terms of delivery
Adopted by the Commercial Steel Section of the Steel and Metal Association 2008-06-02.
1. These general conditions of delivery are valid between traders and apply insofar as they have not been amended by written agreement between the parties.
2. the seller's offer is valid for eight days unless otherwise stated, subject to prior sale. The costs of tests carried out on request are included in the quotation only if specifically indicated.
Recognition of orders
3. The seller's written order acknowledgement is binding on the buyer unless any objections are raised immediately.
4. Tolerances with regard to dimension, length, weight, etc. as well as the seller's right to over- and under-delivery are subject to the standards generally applied by the industry for the respective type of goods, unless otherwise stated. Unit weights stated by the seller are approximate. Samples are to be regarded as type samples unless otherwise agreed.
5. Unless otherwise agreed, the buyer shall pay the price applied by the seller on the day of delivery for the type of goods covered by the contract. In addition to the agreed price, the buyer shall pay compensation for the value added tax thereon. Packaging which is required or requested shall be charged separately and shall not be taken back unless otherwise agreed.
6. Delivery clauses shall be interpreted in accordance with the INCO terms, issued by the International Chamber of Commerce, in force at the time of the contract.
Payment and default interest
7. terms of payment 30 days net to the seller from the date of invoice. If payment is not made in due time, penalty interest will be charged at an interest rate twelve percentage points above the Riksbank's reference rate applicable at any given time. If the reference rate changes, the penalty interest rate will be changed with effect from the end of the following month. Payment does not imply acceptance of the goods or of the invoice. If payment is overdue, the seller is entitled to compensation for a written payment reminder concerning the debt in accordance with the Act on Compensation for Collection Costs, etc.
8. if there is reasonable cause to assume that a party will not fulfil his obligation under the parties' agreement, the other party is entitled to demand that acceptable security be provided for the fulfilment. If this does not take place without unreasonable delay, the party who demanded the security may cancel the purchase in writing with regard to goods not yet delivered.
Notification of delay
9 If a party finds that he cannot keep the agreed time for delivery or receipt of the goods or if such a delay appears likely, the other party shall be informed without delay. Furthermore, the time when delivery is expected to be completed shall be stated. The above also applies to partial deliveries included in the delivery.
Cancellation in case of delay
10. If a delay in delivery or receipt, whether announced or actual, causes substantial inconvenience, the party not responsible for the delay may cancel the contract in writing. If the delay concerns only individual goods in the delivery, cancellation may only be made in respect of these goods and goods associated with them. However, if the announced or occurred delay concerns the delivery of goods manufactured according to the buyer's instructions and/or goods of such a kind that the seller does not normally stock and the buyer realised or should have realised this, the buyer may only cancel if the delay is substantial and if the buyer can obtain delivery of the delayed goods from a party other than the seller before the time of delivery announced by the latter. If a party does not exercise his right to cancel the contract without unreasonable delay, the time for delivery stated in the notification of the delay shall be regarded as the new delivery time. If the contract is cancelled due to an announced or occurred delay, the party is not entitled to compensation for damage other than what is stated in section 11.
Damages in case of delay/cancellation
11. Compensation for delay and/or cancellation is only payable if a special agreement has been reached. Any claim for damages shall be made in writing no later than two months after the delivery should rightfully have taken place. Claims made later do not give the right to damages.
12. The consignment note shall accompany the goods. On arrival of the goods the buyer shall examine them with care appropriate to the nature of the goods and the mode of delivery, which means, inter alia, that the buyer shall unpack any goods which might otherwise be damaged. Where the goods cannot be examined immediately because of the nature of the packaging or for some other reason, the acceptance inspection shall nevertheless include the delivery note, the number of packages (packaging units), the type of goods on the packaging and any visible damage. When the goods are unpacked or otherwise before the goods are used, the acceptance inspection shall be carried out with care appropriate to the nature of the goods.
Complaints about shortages or damage
13. shortage or damage to the goods, which can be assumed to have occurred during transport, shall be reported directly to the carrier in accordance with the transport regulations applicable to the transport. Where applicable, the seller shall also be notified without delay. Deficiency or damage which is apparent on examination on receipt of the goods shall be notified immediately to the carrier and the seller. In other cases, shortage or damage shall be reported without delay after unpacking. Complaints shall be made or confirmed in writing and contain information on the nature and extent of the defect or damage. If the buyer does not complain in accordance with the above provisions, he loses the right to make a claim on account of the defect.
Seller's liability for defects in the goods
14. The seller shall within a reasonable time, at his option, either remedy the defect in the goods or deliver new goods in place of the defective ones. The seller's undertaking also includes responsibility for the necessary transport of defective or replaced goods, but not for costs arising from the use of the goods. If the seller fails to remedy the defect or deliver new goods in place of defective ones within a reasonable time, the buyer is entitled to demand a deduction from the purchase price or, if the remaining defect is substantial, to cancel the purchase in respect of defective goods and goods associated with them. A prerequisite for the seller's liability for defects is that the goods are handled professionally and used for the intended purpose. Defects that are noticeable on inspection on receipt shall be notified without delay and before the goods are used. In other cases, defects shall be notified without delay after they have been noticed and before the goods are used. If a complaint is not made as above, the buyer loses the right to make a claim on that basis. The seller is not liable for defects in goods which the buyer has not complained about within three months of the date of delivery. The seller's liability is limited to what is stated above. The buyer cannot claim any other penalties than those stated above and has no other right than those stated in the first paragraph, i.e. no right to compensation for loss of profit or other indirect damage. Nor is the buyer entitled to compensation for damage to property other than the goods sold or for personal injury and damage to property to an extent other than what applies under mandatory legislation.
Information and services
15. all information in the form of catalogue data or notifications from the seller's staff before or after the conclusion of the contract is given without obligation. The vendor thus releases himself from all responsibility for the suitability of the delivered goods for the intended purpose, unless a guarantee has been given in writing. The same applies to any technical service that the Seller may provide to the Buyer regarding the use of the goods after delivery.
Grounds for exemption
16. The following circumstances shall be deemed to constitute grounds for relief if they occur after the conclusion of the contract and substantially impede its performance: industrial dispute and any other circumstance beyond the control of the parties, such as fire, act of terrorism, war, mobilisation or unforeseen military call-up of a similar magnitude, requisition, seizure, currency restrictions, insurrection and riot, scarcity of means of transport, general scarcity of goods, scrapping of large pieces of work, restrictions on power supply and failure or delay in deliveries by a subcontractor due to a circumstance referred to in this paragraph. It is incumbent on a party wishing to invoke such a circumstance as referred to above to inform the other party in writing without delay of the occurrence thereof and of its termination. If the contract cannot be fulfilled within a reasonable time, each party may cancel the contract to the extent that its fulfilment is hindered by the circumstances mentioned above.
17 Swedish law shall apply, with the exception of private law conflict of laws rules and the law (1987:822) on international sales.
18) Disputes arising from the agreement, amendments and additions to the agreement and all related legal relationships shall be settled by arbitration in accordance with the Swedish Arbitration Act. Notwithstanding the above, a party may, however, bring an action before a general court in respect of an undisputed due claim.