Terms of sale
General shipping agreements
Adopted by the Commercial Steel Section within the Steel and Metal Association 2008-06-02
1. These general delivery provisions apply between traders and apply insofar as they have not been changed by written agreement between the parties.
2. The seller’s offer is valid for eight days unless otherwise stated, subject to intermediate sales. Costs for tests provided on request are included in the quote only if this is specifically stated.
3. The seller’s written order acknowledgment is binding on the buyer if any remarks are not made immediately.
4. For tolerances with regard to dimension, length, weight, etc. as well as the seller’s right to over- and under-delivery, standards generally applied by the industry for each type of product apply, unless otherwise stated. The unit weights stated by the seller are approximate. Tests are to be regarded as type tests unless otherwise agreed.
5. Unless otherwise agreed, the buyer shall pay the price the seller applies on the day of delivery for the type of goods to which the agreement relates. In addition to the agreed price, the buyer shall pay compensation for the amount of value added tax thereon. Packaging that is required or requested is charged separately and will not be taken back unless otherwise agreed.
6. Delivery clauses shall be interpreted in accordance with the INCOterms in force at the time of the agreement, issued by the International Chamber of Commerce.
Payment and default interest
7. Terms of payment 30 days net to the seller from the invoice date. If payment is not made on time, interest on arrears will be charged at an interest rate that exceeds by twelve percentage points at any given time the Riksbank’s reference rate. In the event of a change in the reference interest rate, the default interest rate changes with effect from the following month-end. Payment does not imply approval of the goods or of invoicing. In the event of overdue payment, the seller is entitled to compensation for a written payment reminder concerning the debt in accordance with the Act on compensation for debt collection costs, etc.
8. If there is reasonable reason to assume that a party will not fulfill his obligation under the parties’ agreement, the other party has the right to demand that acceptable security be provided for the performance. If this does not happen without unreasonable delay, a party who has demanded the security may cancel the purchase in writing as far as goods not delivered are then.
Notification of delay
9. If a party finds that he cannot keep the agreed time for delivery or receipt of the goods or such a delay appears probable, the other party shall be notified without delay. Furthermore, the time when delivery is expected to be fulfilled must be stated. What has been said above also applies to partial deliveries included in the delivery.
Cancellation in case of delay
10. If the announced or occurred delay in delivery or receipt causes significant inconvenience, the party who is not responsible for the delay may terminate the agreement in writing. If the delay concerns only individual goods in the delivery, cancellation may only take place in respect of this goods and associated goods. If announced or occurred delay refers to delivery of goods manufactured according to the buyer’s instructions and / or goods of such kind that the seller does not normally stock and the buyer realized or fails to realize this, the buyer may cancel only if the delay is significant and if the buyer can receive delivery of delayed goods from other than the seller before the time announced by him for delivery. If a party does not exercise its right to terminate the agreement without undue delay, the time specified for the delivery shall be considered in the notification of the delay as a new delivery time. If the agreement is terminated due to a delayed or occurred delay, the party has no other right to compensation for damage than what is stated in section 11.
Damages in the event of delay / cancellation
11. Damages in the event of delay and / or cancellation are only paid if a special agreement has been reached. Any claim for damages must be submitted in writing no later than two months after the delivery should have rightly taken place. Subsequent claims do not entitle to damages.
12.Delivery note must accompany the goods. Upon arrival of the goods, the buyer shall examine this with care adapted to the nature of the goods and the method of delivery, involving e.g. that the buyer must unpack goods, which can otherwise be damaged. As the goods cannot be immediately examined due to the nature of the packaging or other reason, the receipt control must include a delivery note, number of packages (packaging units), type of goods information on the packaging and visible damage. When the goods are unpacked or otherwise before the goods are used, receipt control shall be performed with care adapted to the nature of the goods.
Complaint in case of defect or damage
13. Brist eller skada på godset, som kan antas ha uppkommit under transport, skall anmälas direkt till fraktföraren och i enlighet med för transporten gällande befordringsbestämmelser. Där jämte skall i förekommande fall säljaren utan dröjsmål underrättas. Brist eller skada, som är märkbar vid undersökning vid godsets mottagande, skall omgående anmälas till fraktföraren och säljaren. I annat fall skall brist eller skada anmälas utan dröjsmål efter avemballering. Reklamation skall göras eller bekräftas skriftligen och innehålla uppgift om bristen eller skadans art och omfattning. Reklamerar köparen ej enligt ovanstående bestämmelser, förlorar han rätten att framställa anspråk på grund av felet.
The seller’s responsibility for defects in the goods
14. The seller must within a reasonable time in his choice either remedy defects in the goods or deliver new goods instead of incorrect ones. The seller’s commitment also covers being responsible for the required shipments of incorrect or replaced goods, but not for costs due to the goods being used. If the seller fails to remedy the defect or deliver new goods within a reasonable time instead of incorrectly, the buyer may claim a deduction from the purchase price or, if the remaining defect is significant, cancel the purchase in respect of incorrect goods and goods related thereto. A prerequisite for the seller’s liability in the event of a fault is that the goods are handled professionally and used for the intended purpose. Defects, which are noticeable during the inspection, must be reported without delay and before the goods have been used. Otherwise, defects must be reported without delay after it has been marked and before the goods have been used. If there is no complaint as above, the buyer loses the right to make a claim due to this. The seller is not responsible for defects in goods, which the buyer has not complained within three months from the date of delivery. The seller’s liability is limited to what is stated above. The buyer may not apply other sanctions than those stated above and in addition has no other right than that stated in the first paragraph, ie not the 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 property damage to an extent other than that which applies under mandatory legislation.
Information and service
15. All information in the form of catalog information or notifications from the seller’s staff before or after the end of the agreement is provided without connection. The seller thus disclaims all responsibility for the suitability of the delivered goods for the intended purpose, unless a guarantee for this has been given in writing. The same applies to such technical service that the seller can provide to the buyer in terms of the use of the product after delivery.
Grounds for liberation
16. The following circumstances shall be deemed to constitute grounds for exemption, if they occur after the conclusion of the agreement and significantly impede its fulfillment: labor dispute and any other circumstance beyond the control of the parties, such as fire, terrorist act, war, mobilization or unforeseen military conscription, requisition, seizure , currency restrictions, riots and riots, shortages of means of transport, general shortages of goods, scrapping of large workpieces, restrictions on propulsion and errors in or delays in deliveries by subcontractors, based on the circumstances referred to in this paragraph. It is the responsibility of a party who wishes to invoke such a circumstance, as referred to above, to notify the other party in writing without delay of the occurrence thereof as well as of its termination. If the agreement cannot be fulfilled within a reasonable time, each party has the right to terminate the agreement to the extent that its fulfillment has been hampered by a circumstance as mentioned above.
17. Swedish law shall be applied, however, with the exception of rules of private law and the law (1987: 822) on international purchases.
18. Disputes in connection with the agreement, amendments to and additions to the agreement and all related legal matters shall be settled by arbitration in accordance with Swedish law on arbitrators. Notwithstanding the above, a party may, however, bring an action before a general court regarding an undisputed overdue claim.