GENERAL TERMS AND CONDITIONS OF SALES*
adopted by the Commercial Steel Section within the Swedish Steel and Metal Association
1. These general terms and conditions of delivery apply 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 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 respect 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 on the day of delivery applies to the type of goods to which the agreement relates. In addition to the agreed price, the buyer must pay compensation for the amount of value added tax. 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 INCO terms valid 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 the reference rate of the Riksbank's reference rate at any given time by twelve percentage points. 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 Collection Costs, etc.
8. If there are reasonable grounds to believe 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 with regard to goods not delivered at that time.
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 delivery.
Cancellation in case of delay
10. If a delayed delivery of 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. However, if the announced or occurred delay refers to the delivery of goods that have been manufactured according to the buyer's instructions and / or goods of the 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 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 announced or occurred delay, the party has no other right to compensation for damage than what is stated in clause 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 based on. 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. Defects or damage to the goods, which can be assumed to have occurred during transport, must be reported directly to the carrier and in accordance with the transport regulations applicable to the transport. In addition, the seller shall be notified without delay if applicable. Defects or damage that is noticeable during inspection upon receipt of the goods must be reported immediately to the carrier and seller. Otherwise, a defect or damage must be reported without delay after unpacking. Complaints must be made or confirmed in writing and contain information about the nature or 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 due to the defect.
The seller's responsibility for defects in the goods
14. The seller shall, within a reasonable time in his choice, either remedy defects in the goods or deliver new goods instead of incorrect ones. The seller's obligation also includes being responsible for the required transport of incorrect or exchanged goods, but not for costs due to the goods being used. If the seller fails to remedy the defect within a reasonable time or deliver new goods instead of incorrectly, the buyer has the right to 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 receipt check, 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 claim other penalties 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 does the buyer have the right 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 conclusion of the contract is provided without connection. The seller is thus released from all liability 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 performance: labor dispute and any other circumstance beyond the control of the parties, such as fire, terrorist act, war, mobilization or unforeseen military conscription of equivalent scope, requisition , seizures, currency restrictions, riots and riots, shortage of means of transport, general shortage of goods, disposal of major workpieces, restrictions on power and errors in or delay in deliveries from subcontractors, based on the circumstances referred to in this paragraph. It is the responsibility of a party wishing to invoke such 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 made more difficult by a circumstance as mentioned above.
17. Swedish law shall be applied, with the exception of rules of private law and the Act (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 concerning an undisputed overdue claim.
* The above GENERAL TERMS AND CONDITIONS OF SALES have been translated into English from the Swedish version by automatic translation without further review. In the event of a dispute, the Swedish version is valid.