The terms listed below shall have the following meaning in these general terms of delivery:
The Company refers to Jon’s Alltjänst AB, company registration number 559192-1936.
The Customer refers to the customer buying the Company’s goods.
Goods refers to the marketable goods to be delivered by the Company to the Customer.
Delivery Date refers to the day agreed between the Company and the Customer on which delivery of the Goods to the Customer shall take place.
Purchase Price refers to the agreed remuneration the Customer shall pay to the Company on purchase of the Goods.
- Terms of delivery
These terms of delivery apply to the Company’s sale of goods manufactured or otherwise supplied by the Company.
- Changes in general terms of delivery
The Company is entitled to change these general terms of delivery at any time. Any such change will enter into force four (4) weeks after the Company has sent notification to the Customer of the changed terms or has otherwise informed the Customer of the changed terms.
- Delivery undertaking
- The Company’s commitment
The Company undertakes to deliver the Goods to the Customer under the terms stated in these general terms of delivery.
- Buying and selling the Goods
The Customer buys the Goods at an agreed price and sells them under its own name for its own account.
- Imports outside the Company’s control
The Company is not responsible for importing the Goods into Sweden if such imports are outside the Company’s control.
- Delivery address
Delivery shall be made to the address notified by the Customer.
- Information regarding the Goods
All information relating to the composition, content, weight, size, shelf life, consistency and other data in catalogues, circulars, advertisements, images, electronic information and price lists and on packaging is – with the exception of cases where the law requires exact information – approximate, and is subject to change. Such information is only binding if an agreement makes specific reference to it.
- Delivery time
- Determination of delivery time
The delivery time is determined for each individual delivery. An order must be placed no later than three (3) working days before the desired delivery date.
- Notice of delivery delay
If the Company discovers that an agreed delivery time cannot be met or if a delay in delivery appears likely, the Company shall notify the Customer of this at once. If the Customer discovers that it will be unable to take receipt of the Goods on the Delivery Date or if a delay appears likely, the Customer shall notify the Company of this at once.
- Notified delivery delay
If the Company has notified the Customer of a delay in delivery in accordance with section 4.2, the Company shall not be deemed to be delayed in making delivery. In other respects, a delay in delivery only affords the Customer those rights stated in section 4.
- Extended delivery time
If delivery is delayed due to a circumstance specified in section 13 or due to a circumstance that is attributable to the Customer, or if the Company has otherwise given notice in accordance with section 4.2, the delivery time shall be extended by a reasonable length of time.
- Termination of contract
If the delivery time is extended in accordance with section 4.4 by longer than ten (10) days and if the Goods have not been delivered by the end of this time, either party is entitled to terminate the agreement in relation to delayed delivery by notifying the other party.
- Failure to receive goods
If the Customer fails to take receipt of the Goods at the agreed delivery time, the Customer is nevertheless obliged to make payment for the Goods. In such as case, the Company shall deal with storage of the Goods at the Customer’s risk and expense. The Company is entitled, if the Company so desires, to cancel the purchase instead.
- Terms of delivery
- Interpretation of the terms of delivery
Terms of delivery shall be interpreted in accordance with the Swedish International Freight Association’s cost allocation system in connection with Incoterms (Combiterms), with the wording as at the date on which the agreement was entered into.
Unless otherwise agreed in writing, such terms of delivery shall apply Carriage and Insurance Paid (CIP) to the address specified by the Customer. The Company will charge the Customer the cost of transportation and insurance.
- Amendment, cancellation and return
- Amendment and cancellation of order
The Customer is entitled, without cost, to amend or cancel the order for goods provided that notification of this reaches the Company no later than three (3) working days before the Delivery Date.
No returns will be accepted unless a specific agreement has been reached in relation to this.
- Prices and invoicing
The price of the Goods shall be the price stated in the Company’s applicable price list as at the order date for orders for immediate delivery. For other orders, the price stated in the Company’s applicable price list as at the Delivery Date shall apply.
All prices in every price list issued by the Company are stated excluding value added tax.
- Conditions of payment
Payment shall be made in accordance with the terms stated in the applicable price list. In addition to the Purchase Price, the Customer shall pay value added tax and any other applicable tax or duty.
- Penalty interest
On making payment after the due date, the Customer shall pay penalty interest in accordance with that which is stated in the applicable price list.
- Changes to the Goods
- Quality, packaging and brands
The Company is free to change the quality and packaging of the Goods, and/or to omit certain brands included therein.
- Liability for faults or deficiencies
- Faults or deficiencies
Faults or deficiencies in delivered goods only entail the rights for the Customer as stated below. A fault refers to a fault that is attributable to the manufacture or composition of the Goods. A deficiency refers to the delivered Goods not complying with the agreed quantity.
- Replacement of goods
In the event of a fault or a deficiency, the Company commits – at its own choice – to replace the Goods, either in full or in part, or to make an additional delivery.
- Notification of faults or deficiencies
The Company shall only be held liable for faults or deficiencies that existed at the time of delivery. In the event of faulty packaging and faults that are otherwise visible to the Customer, the Company shall only be held liable if the Customer notifies the Company of the fault in writing within two (2) days of the day on which the Customer received the Goods. In the event of damage in transit, however, faults shall be notified immediately to the driver and shall be noted on the shipping documentation.
- The Company’s liability
The Company shall not be held liable for faults or deficiencies caused by:
- deficiencies in the storage or handling of the Goods at the Customer’s premises
- normal deterioration of the Goods
- changes to the Goods made by the Customer
- defective logistical procedures at the Customer’s premises (including, but not limited to, the “first-in-first-out” principle).
- Liability for product damage
- Swedish Product Liability Act
The Company is liable for product damage in accordance with the Swedish Product Liability Act and in accordance with section 11.
- The Company’s liability for product damage
The Company is only liable for product damage to property if at the time of the damage the property was used primarily for private purposes.
- Customer’s liability
In the event that the Company is assigned product liability in relation to a third party, the Customer will be obliged to indemnify the Company if damage has occurred as a result of the Customer’s misleading marketing.
- Product damages
If a third party brings a claim against the Customer concerning product damage, the Customer shall immediately notify the Company of this in writing.
- Intellectual rights
- Use of intellectual rights
Patents, trademarks, copyright and other intellectual rights attributable to goods marketed by the Company belong to the Company or another party with which the Company has a distribution agreement or an agreement on entitlement to make use of such rights. The Customer does not acquire any right to such patents, trademarks, copyright or other intellectual rights attributable to the goods, and the Customer’s entitlement to make use of the intellectual rights of the Company or the Company’s agreement partner is limited to the right to market and sell the goods under the trademarks, in the packaging and with the use of the copyrights specified by the Company.
If the Company’s agreement partner places additional restrictions on the Company in relation to the use of the agreement partner’s intellectual rights, the Customer shall take corrective action in accordance with this as soon as the Company has notified the Customer of such restrictions in writing.
- Grounds for release
- Circumstances beyond party’s control
The following circumstances shall be deemed to constitute grounds for release if they prevent the fulfilment of the agreement, and a party shall not be obliged to take action to avoid or overcome the consequences thereof:
- Circumstances constituting grounds for release
War, strike, insurrection or uprising, mobilisation or unforeseen military drafting on a corresponding scale, requisition, sequestration, currency restrictions, restrictions on exports or imports, general shortage of goods, shortage of means of transport, industrial dispute including industrial dispute at the party’s own workplace, restrictions relating to operating power, conflagration, defects or delays in deliveries from subcontractors or the supplier of raw materials caused by any of these grounds for release or loss of raw materials during transit to any of the Company’s facilities and any other circumstance over which a party could not have any control; all this provided that the party could not have had any control over such circumstances, and that the effect of the circumstances on the fulfilment of the agreement could not have been foreseen at the time of entering into the agreement.
- Allocation of quotas
If the total demand for the Goods in accordance with the Company’s total order book exceeds available production capacity, or if transportation difficulties of a not insignificant scale or other similar events restrict access to raw materials at the Company’s production facilities, the Company shall be entitled to allocate quotas to its deliveries.
- Conditions of damages
If the Company is obliged to pay damages to the Customer, damages shall only relate to such loss that the Company could reasonably have foreseen at the time of delivery. Under no circumstances shall the Company be liable for a drop in sales or production, loss of earnings or any other indirect loss, irrespective of whether the indirect loss arose in order to limit a direct loss.
- Other provisions
- Failure to exercise rights
Failure to exercise rights in accordance with what has been agreed shall not be deemed to mean that a party has relinquished its right to invoke such rights at a later date.
- Failure to cite breach of contract or to exercise rights
The failure of a party to cite breach of contract or to exercise its rights on the grounds of any such breach of contract does not mean that the party relinquishes its right to invoke any subsequent breach of contract.
- Right to withhold delivery
If the Customer is declared bankrupt, enters into a deed of arrangement, suspends payments or is in such a state of insolvency that the Purchase Price cannot be paid, the Company shall be entitled to withhold delivery until satisfactory collateral has been pledged. The Company is entitled to terminate the agreement, either in full or in part, if the Customer does not pledge such collateral.
- Modified or invalid term
If any term or terms in these general terms of delivery is modified or otherwise turns out to be invalid, the other terms in these general terms of delivery shall continue to apply unchanged.
- Choice of law and dispute
This Agreement shall be construed in accordance with and be governed by the laws of Sweden. Disputes regarding the interpretation or application of these general terms of delivery and the associated legal position shall be settled by a court of law.