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 apply to deliveries and services, electrical household appliances, consumer electronics, computers or software.

SV. ALEM09
EN. ALEM09

Introductory provisions and definitions

1. Unless otherwise stipulated below, or otherwise agreed between the parties, the Swedish Sales Act applies.

2. Price base amount: Price base amount according to the General Insurance Act (1962:381).

3. Purchase price: Specified price excluding VAT for goods that, according to the individual agreement, are to be delivered to a project or to a delivery location.

Written: Information that can be read and stored.

5. The seller shall, in an appropriate manner, for example via its website, keep the buyer informed about suppliers with deviating liability periods according to 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 shall be clearly stated in the offer. Otherwise, what is stipulated in the request shall apply, unless the circumstances clearly indicate otherwise.

Documents

8. Drawings and other documents submitted by a party remain the property of that party. The other party may only use, reproduce or communicate such documents to third parties if this is required for the purpose for which the documents were submitted. In addition, protection may apply under intellectual property law or the Act on the Protection of Trade Secrets.

9. All persons present at or delivering to a construction site are required to wear a name tag stating the bearer's name and employer and to have valid identification available, for example in the form of a driver's license or ID card. Unless otherwise agreed, the seller shall impose a fine on each occasion in which any of his employees or employees of transporters hired by the seller are found to be in breach of the provisions of the preceding paragraph. The fine shall be SEK 500 per person per day.

Messages etc.

10. The message must (e.g. through order or object number) state the person or unit at the recipient that the recipient has stated will handle the delivery.

Statutes etc.

11. The goods shall meet the requirements applicable at the time of delivery according to laws and other regulations as well as the regulations and instructions referred to in the parties' agreement. If such a provision is changed after the seller's offer, the agreement shall be changed to the extent that the costs or delivery time are affected.

Product information

12. If the parties' agreement refers to a catalogue or other product information, the goods shall correspond to the product data stated therein. The same applies if it is clear from the circumstances of the agreement that the parties intended that the goods shall correspond to the data in the product information.

Product changes

13. The seller has the right, unless this causes technical or economic inconvenience to the buyer, to deliver the goods with product changes made after the conclusion of the agreement. If such inconvenience occurs for the buyer, the buyer has the right to cancel the agreement insofar as it concerns the changed goods and goods that are in such a connection with the changed goods that they must be considered to constitute a unit. The seller is obliged to compensate the buyer for any damage incurred only if the seller realized or should have realized at the conclusion of the agreement that the change could cause such inconveniences as stated above. The liability for compensation according to this point is limited to the purchase price.

Samples

14. Samples are to be considered type samples, unless exact conformity has been agreed upon.

Responsibility for construction etc.

15. A party is responsible for the information in the manufacturing documentation and for the design that he has provided. A party is also responsible for any changes to the party's design proposed by the other party, unless he has expressly reserved his position before the start of manufacturing.

16. The seller is not liable for defects resulting from goods provided by the buyer, unless the seller has shown negligence.

Transport and reception

17. Unless otherwise agreed, delivery shall be made with the seller's transport organization free of charge to the agreed destination or with an independent carrier free of charge to the buyer's nearest freight station or other agreed destination. The seller shall take out transport insurance or be responsible for the goods in a corresponding manner.

18. The goods must always be marked in a manner agreed upon between the parties.

19. Disposal of packaging and wrapping is at the buyer's expense.

20. The buyer is responsible for ensuring that there is access from the public road to the reception site and to construction transport routes constructed within the work site, and that the buyer's reception conditions allow delivery in an appropriate manner.

21. If special lifting equipment is required for unloading the goods, it shall be provided by the buyer and at his expense unless otherwise agreed. The seller shall notify the buyer if and when special lifting equipment is required, 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 collected in cash upon delivery.

Returns

23. Only returns for which the seller has been responsible will be accepted at no extra cost to the buyer. For other returns approved by the seller, the buyer will be credited with the invoice amount with a deduction that for stock goods is normally 20 %. For returns, the buyer must provide information about the number and date of the seller's invoice or delivery note. The seller must issue a return note for the received or collected goods.

Delivery time

24. Delivery shall be made within the agreed delivery time. If no such time has been agreed in the case of stock goods, delivery shall be made without delay.

Liability in case of delay

25. If a party considers that he will be delayed in delivering or receiving the goods, he must immediately notify the other party of this and state when delivery or receipt can take place.

26. If the parties have agreed on a specific day or week for delivery or receipt of the goods, the party shall – unless the parties have agreed otherwise – for each commenced calendar week by which he exceeds this time, pay a penalty of 2 % of the agreed price for the delayed goods, or if part of the goods is delayed, of the price for this part. The penalty is limited to 10 % of the price stated above, unless the parties have expressly agreed on another maximum amount. A claim for a penalty must be made within 30 days of the agreed time for delivery or receipt of the goods. If this is not done, the right to a penalty shall lapse. Delays regarding stock goods must be notified to the other party no later than ten days before the delivery time. If this occurs, a penalty shall not be paid. Penalty amounts below 100 SEK will not be paid.

27. If a new delivery date becomes effective in the event of a delay, if a party exceeds the new date for delivery or receipt of the goods, a penalty pursuant to clause 26 shall be imposed regardless of the penalty that shall be imposed due to the previous delay.

28. If a party has notified the other party of a delay before the agreed delivery date, the other party may cancel the agreement in writing with regard to the delayed goods only if the notified delay entails significant costs for the other party. If the delay concerns goods that are manufactured or procured specifically for the buyer according to the buyer's instructions or wishes, the buyer may, however, cancel only if the delay exceeds ten working days and the buyer can also obtain delivery of the delayed goods from someone other than the seller before the time of delivery notified by the seller.

29. If 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 in the purchase, the agreement may be cancelled in its entirety.

30. If a party does not exercise the right to cancel the agreement within five working days of receipt of notification of delay, the date of delivery specified therein shall be deemed to be the new delivery date.

31. If a party cancels due to delay, he is entitled to compensation for the damage that occurred after the cancellation. The damages, including compensation according to clauses 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 compensation or other liability due to delays in delivery.

Receipt inspection and inspection before assembly

33. If the buyer is unable to be present at the time of receipt, the goods will only be delivered if the buyer has approved this when ordering. The buyer then accepts that the carrier acknowledges the goods with regard to the number of packages and based on visible defects. If the buyer fails to appear without such agreement, the goods will be returned to the seller and 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 reconcile them with the delivery note and check the goods for visible defects.

36. When the goods are unpacked, or otherwise before the goods are assembled, the receipt inspection must be completed with care appropriate to the nature of the purchase and the goods.

Complaints in case of errors

37. The buyer may not claim that the goods are 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 goods were handed over to the buyer must be complained about within five working days thereafter and before the goods are assembled. If the defect can be assumed to have occurred during transport and the goods are acknowledged on a separate
In addition, if the defect is not on the consignment note, the defect must be reported to the carrier immediately. Otherwise, the defect must be reported within ten working days after the defect was noticed or should have been noticed or otherwise came to the buyer's attention through a complaint from another party.

Seller's liability for defects

38. The seller is liable for defects in the goods that appear within two years of delivery of the goods. In cases where the buyer is liable to his customer in a contract according to one of the General Provisions of the Construction Contracts Committee, the seller is liable for defects in the goods that appear within the period for which the buyer is liable to his customer with an additional six months, however, a maximum of 66 months from delivery of the goods. If the seller has a shorter liability period than five years from delivery of the goods from his supplier, however, the shorter liability period applies, if the seller has informed the buyer of this in writing at the latest when the agreement is concluded. The liability period cannot, however, be less than the period specified in the first paragraph.

39. The seller is not responsible for anything that is due to incorrect assembly 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 cover 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 periods specified in point 38 if the defect is material and is proven to be due to negligence on the seller's part. The general statutory limitation period for the specified liabilities applies from the date the goods were 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 undue delay after a complaint, at no cost to the buyer, remedy the defect or make a replacement delivery.

44. If the seller fails to remedy the defect or make a replacement delivery without undue delay, the buyer is entitled, after written notice to the seller, to compensation for reasonable costs incurred in remedying the defect himself or to a price reduction corresponding to the defect. If the defect occurs in or concerns a facility that, taking into account the buyer's expertise, is of a complicated nature, it is the buyer's responsibility to provide the seller with a reasonable opportunity to do so before attempting to locate or remedy the defect himself. If remedy or replacement delivery is not carried out within a reasonable time after the complaint, the buyer may cancel the purchase insofar as it concerns the defective product, if the defect is of significant importance to the buyer and the seller has realised or should have realised this. In the event of cancellation, the buyer is entitled to compensation for damage suffered. The compensation is limited to the purchase price.

45. If the buyer cancels in respect 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 adhering to the purchase in respect of these deliveries.

46. If the second paragraph of clause 38 applies, the seller is responsible for reasonable costs associated with the repair or replacement of the defective product, namely:

• location of the error
• access and removal of defective goods
• installation of repaired or replaced goods
• restoration of damage to real estate or to property other than the goods sold, which has arisen through intervention necessary for the repair or replacement and which is limited to the area of work for this purpose. The seller's liability for compensation under this clause is limited to what can be compensated by the seller's special access insurance.

47. The seller has no liability for defects or damage beyond what is stipulated in clauses 38-46. This applies to any loss that the defect or damage may cause, such as loss of production, loss of profit and other consequential financial loss. However, this limitation does not apply if he has been guilty of gross negligence.

48. The seller is not liable for compensation under clauses 38 – 46 if he can demonstrate that there was an obstacle to delivering the defect-free goods referred to in clause 61 and the seller notifies the buyer of this as stated in clause 62.

Responsibility for taking care of goods and the like

49. A party is liable for damage that occurs due to neglect or inadequate care on his part to equipment, goods or aids that the other party provides to him, unless he can prove that the damage occurred through no fault of his.

Insurance

50. The seller shall, during the periods specified in clause 38, have general liability insurance covering damage resulting from defects in the goods. The insurance amount shall be at least 200 price base amounts. The seller shall also have special access insurance with an insurance amount not less than 200 price base amounts.

Safety

51. If there is reasonable reason to believe that a party will not fulfill its delivery or payment obligation, the other party has the right to demand that acceptable security be provided. If this is not done without delay, the party that has demanded security is entitled to cancel the purchase in writing with respect to the undelivered goods.

52. A party may cancel the purchase without first requiring security if the other party is declared bankrupt or otherwise cannot be expected to fulfill its obligations under the agreement as a result of insolvency.

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 any value added tax due thereon.

55. Unless otherwise agreed, the price that the buyer is notified of before the agreed delivery applies.

Payment and prescription

56. The seller shall send the invoice to the buyer no later than four months after final delivery or, if this gives the seller longer time for invoicing, four months after the date on which the buyer's contract was handed over. If this has not been done, the seller is not entitled to payment for the invoice sent later.

57. If the seller's claim relates to amounts that are included in the buyer's contract sum or value added tax regarding his contract, the limitation period does not apply according to paragraph 56.

58. If the seller can show that he did not know or should have known of his claim, the limitation period is calculated as four months from the time when he first became aware of such knowledge.

59. Payment does not imply approval of the product.

Cancellation

60. The buyer has the right to cancel an order for undelivered goods. In the event of cancellation, the buyer shall reimburse the seller for the costs of the cancelled goods, if the seller cannot obtain compensation for this through sale to another party or in some other way.

Grounds for liberation

61. The seller and the buyer may not invoke failure to fulfill the agreement against each other if its fulfillment is significantly hindered as a result of any circumstance, such as a labor dispute, war, a decision by an authority, extensive operational disruptions at the party or subcontractor or other circumstances not caused by the party, which significantly affect the fulfillment of the agreement and which the party could not have foreseen or whose adverse impact he could not reasonably have eliminated.

62. A party shall immediately notify the other party in writing that a ground for exemption exists. Otherwise, he may not invoke it.

63. If the agreement cannot be fulfilled within a reasonable time, either party may terminate the agreement in writing to the extent that its fulfillment has been made difficult by the circumstances mentioned above.

Dispute

64. Unless the parties have agreed otherwise, the following applies. Disputes arising from 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 clearly 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. The price base amount refers to the price base amount at the time the action is brought. However, a party may bring an action before a general court for payment of undisputed amounts due under the agreement.