C-PRO complies with the general delivery regulations regarding electrical equipment for delivery and use in Sweden, prepared by the Electrical Installers' Organization EIO and Sweden's Electric Wholesalers, SEG.
The delivery provision is not intended to be applied to deliveries and services, household electrical appliances, consumer electronics, computers or software.
Introductory provisions and definitions
1. Unless otherwise provided below, or otherwise agreed between the parties, the Purchase Act applies.
2. Price base amount: Price base amount according to the Act on General Insurance (1962: 381).
Purchase price: Declared price excluding VAT for goods that according to the individual agreement are to be delivered to a project or to a delivery point.
Written: Information that can be read and stored.
5. The seller shall in an appropriate manner, for example via his website, keep the buyer informed of suppliers with deviating liability periods in accordance with clause 38.
Offer
6. The seller's offer is valid for one month, unless otherwise stated.
7. If the seller's offer deviates from the buyer's request, this must be clearly stated in the offer. Otherwise, what is prescribed in the request applies, unless the circumstances obviously require otherwise.
Documents
8. Drawings and other documents submitted by a party remain his property. The other party may only use, reproduce or serve such a document on a third party if it is required for the purpose intended for the transmission of the document. In addition, protection may follow in accordance with intellectual property law or the law on protection of trade secrets.
9. All persons who are at or deliver to a construction site are obliged to wear a name tag with information about the wearer's name and employer and have valid identification available, for example in the form of a driving license or ID card. Unless otherwise agreed, the seller shall pay a fine on each reported occasion that any of his employees or employees of carriers hired by the seller violates what is prescribed in the previous paragraph. Fines are paid at SEK 500 per person per day.
Messages etc.
10. The notice shall (eg by order or object number) state the person or unit of the recipient that he has stated to handle the delivery.
Statutes etc.
11. The goods must comply with the requirements applicable to delivery in accordance with laws and other regulations as well as the regulations and instructions referred to in the parties' agreements. If such a provision is changed after the seller's tender, the agreement shall be amended to the extent that the costs or delivery time are affected.
Product information
12. If the parties' agreement refers to a catalog or other product information, the product shall comply with the product data specified therein. The same applies if it appears from the circumstances of the agreement that the parties intended that the product shall correspond to the data in the product information.
Product changes
13. The seller has the right, unless this entails technical or financial inconveniences for the buyer, the right to deliver the goods with product changes made after the conclusion of the agreement. If such inconveniences arise for the buyer, the buyer has the right to terminate the agreement with regard to the changed goods and goods that are in such connection with the changed goods that it must be considered as a unit. The seller is obliged to compensate the buyer for damage only if the seller at the time of entering into the agreement realized or failed to realize that the change could cause such inconveniences as stated above. The liability for compensation under this section is limited to the purchase price.
Samples
14. Tests are to be regarded as type tests, if exact conformity has not been agreed.
Responsibility for construction etc.
15. A party is responsible for information in the manufacturing documentation and for the design he has provided. A party is also responsible for a change in the party's design proposed by the other party, unless he has expressly reserved himself before the commencement of production.
16. The seller is not liable for defects due to goods provided by the buyer, unless the seller has shown negligence.
Transport and reception
17. Unless otherwise agreed, delivery takes place with the seller's transport organization at a freely agreed destination or with an independent carrier free of charge and packaging at the buyer's nearest freight station or other agreed destination. The seller must take out transport insurance or be responsible for the goods in a corresponding manner.
18. The product must always be marked in the manner agreed between the parties.
19. Packaging and packaging are disposed of at the buyer's expense.
20. The buyer is responsible for ensuring that there is an access road from the public road to the reception site and to construction transport routes laid out within the workplace and that the buyer's reception conditions allow delivery in an appropriate manner.
21. If a special lifting device is required for the unloading of the goods, this shall be provided by the buyer and at his expense unless otherwise agreed. The seller shall notify the buyer if and when a special lifting device is needed, except in cases where it is clear for special reasons that such notification is not required.
22. Any shipping costs must always be invoiced to the buyer and not charged in cash upon delivery.
Returns
23. Only such returns, to which the seller has been responsible, are accepted at no extra cost to the buyer. For other returns approved by the seller, the buyer is credited with the invoice amount with a deduction which for stock items is normally 20%. When returning, the buyer must provide information on the number and date on the seller's invoice or delivery note. The seller must issue a return slip for received or collected goods.
Delivery time
24. Delivery must be made within the agreed delivery time. If such is not agreed in respect of stock items, delivery shall take place without delay.Liability in case of delay
25. If a Party considers that he will be delayed in the delivery or receipt of the goods, he shall immediately inform the other Party thereof and indicate when the delivery or receipt can take place.
26. If the parties have agreed on a certain day or week for the delivery or receipt of the goods, the parties shall - unless the parties have agreed otherwise - party, for each commenced calendar week by which he exceeds this time, pay a fine of 2% of the agreed price for the delayed goods , or if part of the item is delayed, by the price of that part. Fines are limited to 10% of the above price, unless the parties have expressly agreed on another maximum amount. Claims for fines must be submitted within 30 days after the agreed time for delivery or receipt of the goods. If this does not happen, the right to a fine lapses. Delays regarding stock items must be notified to the counterparty no later than ten days before the time of delivery. If this happens, knowledge will not be published. Fines of less than SEK 100 are not paid.
27. If a new delivery date applies in the event of a delay, if a party exceeds the new time for delivery or receipt of the goods, a fine in accordance with paragraph 26 shall be issued independently of the fine to be issued due to the previous delay.
28. If a party has notified the other party of a delay before the agreed delivery time, the other party may terminate the agreement in writing in respect of delayed goods, only if the announced delay entails a significant cost for him. If the delay refers to goods that are manufactured or procured specifically for the buyer according to his instructions or wishes, the buyer may, however, cancel only if the delay exceeds ten working days and the buyer can also receive delivery of delayed goods from another than the seller before the time announced for delivery.
29. If a delayed goods are in such a context with goods already delivered, or goods to be delivered later, that it would entail significant costs for the party entitled to cancel to partially remain at the time of purchase, the agreement may be terminated in its entirety.
30. If a party does not exercise the right to terminate the agreement within five working days of receiving notification of delay, the time specified for delivery shall be regarded as a new time of delivery.
31. If a party cancels in the event of a delay, he is entitled to compensation for the damage that has occurred after the cancellation. The damages, including compensation in accordance with points 26 and 27, shall not exceed the purchase price in total.
32. In addition to what is stipulated above, the seller is free from liability for damages or other liability due to delay in delivery.
Receipt inspection and inspection before assembly
33. If the buyer is unable to attend the reception, the goods will only be delivered if the buyer has approved this when ordering. The buyer then accepts that the carrier acknowledges the goods regarding the number of packages and based on visible defects. If the buyer is absent without such an agreement, the item is returned to the seller and then delivered after a new delivery date has been agreed. If the seller can show that the buyer has been sought, additional costs will be charged.
34. The delivery note must accompany the goods.
35. When the goods are handed over to the buyer, he must make a reconciliation against the delivery note and check the goods for visible defects.
36. When the product is unpacked, or otherwise before the product is assembled, the receipt check must be completed with care adapted to the nature of the purchase and the product.
Complaints in case of errors
37. The buyer may not claim that the product is defective if he does not notify the seller in writing of the defect (complaint) within the time limits specified below. Defects that were noticed or should have been noticed when the product was handed over to the buyer must be reported within five working days thereafter and before the product is assembled. If the defect can be assumed to have occurred during transport and the item is acknowledged separately
delivery note, the defect must also be reported to the carrier immediately. Otherwise, the defect must be reported within ten working days after the defect has been noticed or should have been noticed or otherwise come to the buyer's notice through a complaint from another.
Seller's liability for defects
38. The seller is responsible for defects in the product that appear within two years of delivery of the product. In cases where the buyer is liable to his customer in a contract in accordance with any of the Construction Contract Committee's General Provisions, the seller is liable for defects in the product that appear within the time the buyer is liable to his customer with a supplement of six months, however a maximum of 66 months from the product delivery. If the seller has a shorter warranty period than five years from the delivery of the goods from his supplier, the shorter warranty period applies, however, if the seller informs the buyer in writing at the latest at the conclusion of the agreement. However, the liability period may not be less than the time specified in the first paragraph.
39. The seller is not responsible for anything that is due to incorrect installation or installation, lack of maintenance, improper care, neglect, abnormal use or anything else that can be attributed to the buyer.
The seller's liability also does not include normal wear and tear or deterioration. The buyer is obliged to follow up and document agreed maintenance and care measures.
40. The seller is only liable for defects in the goods that appear after the times specified in point 38 if the defect is significant and is shown to be based on negligence on the part of the seller. For specified responsibilities, the statutory general limitation period applies from the day the goods are delivered.
41. The advertised product must be kept available for the seller's investigation.
42. If the buyer complains and it turns out that there is no defect for which the seller is responsible, and if the buyer should have realized this, the seller is entitled to reasonable compensation for costs incurred.
43. The seller shall, without unreasonable delay after complaint, at no cost to the buyer, remedy the defect or undertake re-delivery.
44. If the seller fails to remedy the defect or make a re-delivery without undue delay, the buyer is entitled, after written notice to the seller, to compensation for reasonable costs for remedying the defect or the right to a price reduction corresponding to the defect. If the defect occurs in or affects a facility which, with regard to the buyer's competence, is of a complicated nature, it is the buyer's responsibility to, before he himself seeks to locate or remedy the defect, provide the seller with a reasonable opportunity to do so. If remediation or re-delivery does not take place within a reasonable time after the complaint, the buyer may cancel the purchase in respect of defective goods, if the defect is of significant importance to the buyer and the seller has realized or should have realized this. In the event of cancellation, the buyer is entitled to compensation for damage he has suffered. The compensation is limited to the purchase price.
45. If the buyer cancels in the case of a defective product, he may at the same time cancel the purchase in respect of earlier or later deliveries, if, due to the connection between them, he would have significant inconvenience in sticking to the purchase in respect of these deliveries.
46. Where the second subparagraph of paragraph 38 applies, the seller shall be liable for reasonable costs relating to the repair or replacement of defective goods, namely:
- location of the error
- access and removal of defective goods
- installation of repaired or replaced goods
- restoration of damage to property or to property other than the goods sold, which has arisen through an intervention necessary for the repair or replacement and which is limited to the work area for this purpose. The seller's liability for compensation under this section is limited to what can be reimbursed by the seller's special access insurance.
47. The seller has no liability for defects or damage beyond what is prescribed in paragraphs 38-46. This applies to any loss that the error or damage may cause, such as loss of production, loss of profit and other financial consequential loss. However, this restriction does not apply if he has been guilty of gross negligence.
48. The seller is not liable for compensation under paragraphs 38 to 46 if he can show that there was such an impediment to the delivery of the defect-free goods referred to in paragraph 61 and the seller notifies the buyer as provided in paragraph 62.
Responsibility for taking care of goods and the like
49. A party is liable for damage which, due to failure or inadequate care on his part, arises on material, goods or aids provided to him by the other party, if he cannot show that the damage has occurred without his fault.
Insurance
50. The seller shall, during the periods specified in paragraph 38, have general liability insurance which covers damages as a result of defects in the goods. The insurance amount must be at least 200 price base amounts. The seller must also have special access insurance with an insurance amount that is not less than 200 price base amounts.
Safety
51. If there is reasonable cause to assume that a party will not fulfill his obligation to deliver or pay, the other party has the right to demand that acceptable security be provided. If this does not happen without delay, a party who has demanded security may cancel the purchase in writing as far as the goods not delivered are concerned.
52. A party may cancel the purchase without first requiring security, if the counterparty is declared bankrupt or otherwise as a result of insolvency can not be expected to fulfill its obligations under the agreement.
Right of withdrawal reservation
53. The goods remain the property of the seller, until they have been paid in full, to the extent that such reservation is valid under applicable law.
Price etc.
54. In addition to the agreed price, the buyer shall pay compensation for the value added tax thereon.
55. Unless otherwise agreed, the price of which the buyer was notified before the agreed delivery applies.
Payment and prescription
56. The seller must send the invoice to the buyer no later than four months after final delivery or if this gives the seller a longer time for invoicing - four months after the date on which the buyer's contract was handed over. If this has not happened, the seller is not entitled to payment for a later sent invoice.
57. If the seller's claim relates to amounts included in the buyer's contract sum or VAT in respect of his contract, no limitation period arises in accordance with paragraph 56.
58. If the seller can show that he did not know or did not know his claim, the limitation period of four months is calculated from the time when he first lost possession of such knowledge.
59. Payment does not imply approval of the product.
Cancellation
60. The buyer has the right to cancel undelivered goods. In the event of cancellation, the buyer shall reimburse the seller's costs for canceled goods, if the seller can not receive compensation for this through sale to another or in another way.
Grounds for liberation
61. The seller and the buyer may not invoke against each other failure to perform the contract, if its performance is significantly impeded as a result of any circumstance, such as labor dispute, war, authority decision, extensive operational disruption of the party or subcontractor or other unrelated relationship, as significant affects the performance of the agreement and which the party could not foresee or whose adverse effect he could not reasonably have eliminated.
62. A party shall immediately notify the other party in writing that there are grounds for exemption. Otherwise he has no right to invoke this.
63. If the agreement cannot be fulfilled within a reasonable time, each party has the right to terminate the agreement in writing to the extent that its fulfillment has been hindered by a circumstance as mentioned above.
Dispute
64. Unless the parties agree otherwise, the following applies. Disputes due to the agreement shall be settled in Sweden with the application of Swedish substantive law with the exception of its rules on choice of law. If the disputed amount does not manifestly exceed 150 price base amounts, excluding VAT, the dispute shall be settled by a general court. Otherwise, the dispute shall be settled by arbitration
under the Arbitration Act. Price base amount refers to the price base amount at the time the action is brought. However, a party has the right to bring an action before a general court for the payment of undisputed amounts due under the agreement.
