Delivery is considered to have taken place on time, if within the delivery time the goods have either been shipped from the Supplier or have been made ready for shipment or inspection. If the Purchaser does not fulfill the obligations in due time or otherwise delays the execution of the work, the Supplier is entitled to extend the delivery time as warranted by the circumstances, unless the Supplier prefers to exercise his right to cancel the contract.
Delayed delivery entitles the Purchaser to damages only if special written agreement has been reached.
If, due to force majeure, the completion of the delivery is prevented, impeded or delayed, the Supplier is released from liability and reserves the right, at his sole discretion, to cancel the contract in whole or in part or to postpone the delivery by a period of time warranted by the circumstances, in addition to the delivery time specified in the contract.
Force majeure includes amongst other things: labour conflicts, military summonses and any other difficulty in obtaining labour, war, embargo, blockades, political unrest, state interventions of various kinds such as seizures, export and import prohibitions, the refusal of licenses from various authorities, fire, water shortage, flooding and other natural events, machine damage or other manufacturing disturbances, lack of means of transport or traffic disruptions at railways, ports or other traffic institutions, delayed ships or other means of transport, rejects during manufacture which could not reasonably be foreseen, lack of or incorrect or delayed delivery of parts, semi-finished goods, raw materials, power etc. or other conditions, irrespective of their nature, which are outside the Supplier’s control and which affect his ability to fulfill his delivery obligations.
If the Purchaser fails to accept delivery-ready goods on the agreed-upon day, he is nevertheless obliged to make any payment specified as dependent on delivery, as if the goods in question had been delivered.
The Supplier shall undertake storage of the goods at the Purchaser’s risk and expense. At the request of the Purchaser, the Supplier shall keep the goods insured at the expense of the Purchaser.
Delivered goods shall be paid for by the Purchaser to the extent delivery takes place. Payment shall be made in the manner and time specified in the agreement between the parties. Unless otherwise agreed, payment shall be made within 30 days from the invoice date.
If, before delivery, there are reasonable grounds for assuming that the Purchaser will not be able to fulfill his payment obligation, the Supplier is entitled to demand collateral. Unless the collateral offered is acceptable to the Supplier, then the Supplier is entitled to cancel the agreement.
In the event of payment after the due date, the Supplier is entitled to late payment interest of 8% in excess of the current base rate of the Swedish National Bank (Sveriges Riksbank).
Should delivered goods be found to have defects for which the Supplier is liable, the Supplier is obliged, within a reasonable period of time based on the circumstances, either to withdraw, replace, repair or rework the defective goods free of charge, provided the Purchaser within 20 days from receipt of such goods notifies the Supplier of the defects.
In addition, the Supplier has no obligation to pay compensation or damages for direct or consequential losses incurred by the Purchaser.
Disputes in connection with the agreement and to these attached provisions, as well as disputes concerning legal considerations pertaining thereto, shall be settled by arbitration in accordance with the applicable law.