Sweden AB’s (“FläktGroup”) sales to the Customer (the “Customer”) unless otherwise is agreed in writing. The term Customer includes both company accounts and user accounts. Any general conditions referred to by Customer shall be valid only if accepted in writing by FläktGroup.

These Terms and Conditions together with the General Conditions of sale, the purchase order and FläktGroup’s order confirmation constitute a binding order (“the Order”).

These Terms and Conditions do not apply in relation to consumers.

 

Order

 

The Customer shall use its company account or user account when placing its order with FläktGroup online at FläktGroups’s e-commerce site available on the Website.

Lowest order value is SEK 500 exclusive of VAT. Orders with order value lower than SEK 500 will be rounded up.

 

Delivery

 

All Orders are subject to the general delivery conditions NL 09 and with appendix VU03 for installers. Ordered Products shall be delivered Ex Works (Incoterms). All orders are as standard shipped free of charge.

Upon delivery the Customer shall inspect the delivered Products. The Customer shall notify FläktGroup in writing of any shortage or defect in the delivered Products within five working days from the delivery date. Should the Customer neglect to notify FläktGroup in accordance with the provisions above the Customer shall lose the right to claim any such deviation and damages.

Any delivered Products can only be returned in accordance with FläktGroup’s prior written consent.

 

Prices

 

Any prices are given in the currency stated in the order confirmation and are, unless otherwise stated, exclusive of VAT, delivery costs and custom clearance fees.

 

Payment

 

Unless otherwise agreed between the parties, payment shall be made against invoice 30 days after the date of the invoice.

The delivered Products or Digital Services shall, to the fullest extent allowed by law, remain FläktGroup’s property until FläktGroup has received payment in full from the Customer. Upon delayed payment interest on arrears shall be charged in accordance with the Swedish Interest Act. FläktGroup shall furthermore have the right to withhold deliveries to the Customer, demand that acceptable securities be provided, amend the terms of payment and any possible credit limit and cancel the Order upon delayed payment. Should the Customer not pay in time FläktGroup shall have the right to send reminders and charge a fee for such reminders. Should the Customer not effect payment within the stated time in the reminder, any invoices due may be given to a debt collector without any further notice from FläktGroup. Any collection charges shall be charged for sending reminders according to the Swedish Debt Recovery Act (1974:182).

 

Damages

 

FläktGroup shall only be liable for any damages which the Products may cause persons or other property if such liability is imposed upon FläktGroup according to the mandatory Swedish Product Liability Act (1992:18).

 

Liability, breach of contract etc.

 

FläktGroup shall not be liable under the rules of lack of conformity in the Swedish Sale of Goods Act and the Swedish International Sale of Goods Act.

 

Disputes and applicable law

 

Any dispute, controversy or claim arising out of, or in connection with these Terms and Conditions, the General Conditions or an Order, or the breach, termination or invalidity thereof, or any non-contractual obligations arising out of or in connection with these Terms and Conditions, the General Conditions or an Order, shall be settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Gothenburg Sweden. The language of the arbitration shall be Swedish or English (unless otherwise agreed by the disputing parties).

 

All arbitral proceedings conducted pursuant to the Terms and Conditions, the General Conditions, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing Parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceedings shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award nor be disclosed to any third party without the prior written consent of the Party to which the information relates or, as regards to a decision or award, the prior written consent of all the other disputing Parties.

 

These Terms and Conditions, the General Conditions and any obligations due to an Order shall be interpreted and construed in accordance with the laws of Sweden (excluding its conflict of laws rules). CISG shall not apply.