The terms for sale and delivery is also available in Swedish.
- INTRODUCTION
These general terms and conditions of sale and delivery apply to all quotations, sales and deliveries made by ATS SWEDEN AB (ATS). This applies regardless of whether ATS acts as seller/owner, broker for seller/owner or supplier for seller/owner.
In these terms and conditions, the term “goods” shall mean the product (the object of sale) that the seller sells, including any accompanying equipment and accessories. The terms and conditions of sale apply to the goods in their entirety.
Any deviations from the terms of sale must be agreed in writing between the parties to be valid.
“Agreement” refers to these terms and conditions of sale, order confirmation and purchase contract with any annexes. In the event of a conflict between an individual order and these terms and conditions of sale, what is stated in the order confirmation and/or purchase contract shall prevail. Unless otherwise agreed, the Swedish Sales Act (1990:931) shall apply to the parties’ dealings in connection with this agreement. However, what is prescribed in the agreement shall prevail over the said Act.
These terms and conditions apply to all offers, sales and deliveries unless the parties have agreed otherwise in writing. ATS is not bound by the buyer's own general or special terms and conditions unless ATS has expressly agreed to be bound by them in writing.
- OFFER, ACCEPTANCE, ORDER CONFIRMATION, PURCHASE CONTRACT
An offer submitted by ATS lapses if the offer is not accepted by the buyer within the specified offer deadline or otherwise if the offer is not accepted within a reasonable time after it was submitted. An agreement is concluded by the buyer accepting an offer submitted by ATS or alternatively by ATS accepting an offer submitted by the buyer. If ATS has submitted an offer orally, ATS is not bound by the offer until ATS has confirmed the same in writing, for example by post, e-mail or by order confirmation.
For bids submitted during a so-called bidding round, the buyer undertakes to be bound by the submitted bid for at least 2 weeks, unless otherwise specifically agreed.
ATS normally confirms concluded agreements by sending an order confirmation, whereby ATS also sends purchase contracts to which these terms of sale are attached. Unless otherwise agreed, confirmation of an order is made by sending an order confirmation by letter, email or telephone.
The order as set forth in the order confirmation is final and binding. These Terms of Sale form part of the confirmed order and the agreement between the parties.
ATS assumes no liability for errors or misunderstandings that may arise as a result of orders being placed by telephone. Errors or distortions in written and electronic orders that are due to circumstances on the part of ATS will be corrected or rectified by ATS without delay. For orders and orders that the customer places with ATS, these general terms and conditions apply even if the customer has made reference to its own terms and conditions at or in connection with the order or order.
- SALES PRICE – COSTS
Payment shall be made in the amount, in the manner and at the time specified in the purchase contract and order confirmation. All prices are stated excluding VAT, environmental tax and shipping, which are additional. The buyer is responsible for these and other additional costs in connection with the purchase. This applies, for example, to fees, charges, insurance, transport, etc.
If the cost of implementing the agreement changes from the time the agreement is entered into until payment is due under the agreement, the seller is entitled to receive compensation from the buyer for the increase in costs. The same applies to changes in fees and taxes, environmental fees or exchange rate changes that affect the seller in relation to its suppliers by more than two percentage points. The seller is entitled to receive full compensation from the buyer as above.
If the buyer requests a change to the parties' agreement and the change is accepted by the seller, the seller has the right to request a change to the price and delivery terms.
The buyer shall clear customs and take all necessary measures in connection with the import of a good, which also includes the buyer's obligation to be responsible for costs arising in connection therewith. The buyer is also responsible for fulfilling applicable requirements with regard to informing the relevant authorities in a necessary manner in connection with import and customs clearance, which also includes the buyer being responsible for costs arising in connection therewith.
- DELIVERY AND TRANSFER OF RISK
Delivery shall take place at the time and in the manner specified in the contract. The goods shall be deemed delivered when they have come into the buyer's possession, when they are kept available to the buyer in the manner agreed upon, or when they have been delivered to an independent company for onward shipment to the buyer.
If the goods are to be delivered to an agreed delivery location, the buyer is responsible for the goods from the time the goods have been delivered in an appropriate manner to this location.
When the goods have been delivered as above, the risk of the goods being destroyed, deteriorated or lost through accident or otherwise passes to the buyer.
Upon delivery, responsibility for further transport, insurance, etc., consequently passes to the buyer.
If it is agreed that ATS will bear the cost of shipping, ATS is free to choose the carrier.
- DELIVERY TIME
Delivery of goods held in stock by ATS is normally made immediately after order. ATS, however, reserves the right to a reasonable extension of the delivery time to the extent required for ATS to be able to fulfill what has been agreed regarding special transport obligations or if the scope of the order, other deliveries or other circumstances make immediate delivery difficult.
The delivery time stated in the quote, order confirmation or contract for goods held by a third party is an estimate. ATS reserves the right to deliver the goods up to one week before or after the delivery time stated.
- DELAY, DELIVERY OBSTACLES
ATS is exempt from liability for failure to fulfill obligations under the agreement if the failure is due to circumstances beyond the company's control which the company cannot reasonably be expected to overcome. This applies, for example, in the event of war, act of war, mobilization, acts of terrorism, requisition, seizure, significant changes in the foreign exchange market, export or import bans, labor disputes, insufficient supply of raw materials, lack of means of transportation, fire, factory accidents, insufficient or delayed deliveries from subcontractors.
Delivery shall be made in accordance with the order and the delivery obligation shall not be deemed fulfilled until delivery of all order lines in the order has taken place. ATS reserves the right to make partial deliveries and to complete full deliveries in accordance with the agreement within a reasonable time. ATS is, however, obliged to notify the buyer if there is reason to assume that the agreed delivery time cannot be met. If the buyer does not accept the changed delivery time, it is the buyer's responsibility to notify ATS of this immediately and in writing.
Goods specially ordered by the customer cannot be cancelled.
The buyer has the right to cancel the order in the event of a significant delay on the seller's part. However, the buyer does not have the right to claim penalties against the seller for delays.
If a party is prevented from fulfilling a contractual obligation due to a cause beyond the party's control (Force Majeure), the party shall in this respect still not be considered to have breached the agreement and the non-offending party shall not be entitled to claim penalties.
- RETURNS AND CANCELLATION FEES
The buyer only has the right to return goods if this is done after written agreement with ATS.
If the buyer does not fulfill his part of the agreement or cancels the goods after ordering before the goods have been delivered, ATS is entitled to charge the buyer a fee amounting to 10% of the agreed price excluding VAT and overheads. The fee is intended to cover losses for ATS in terms of time spent and lost profit. When returning goods, the buyer is responsible for costs, such as return shipping, that arise in connection herewith. The buyer is responsible for shipping costs regarding delivery of the goods to the buyer. If ATS and the buyer agree on the return of goods, the agreement shall state the reasons why the buyer wishes to return the goods. The goods must be returned undamaged and unchanged, as they were when delivered. Otherwise, ATS is entitled to receive compensation for any decrease in value of the goods.
- PAYMENT TERMS
Unless otherwise agreed, the buyer shall pay the full agreed purchase price to the account of the seller/broker specified by the seller/broker prior to delivery of the goods. The purchase price shall then be transferred to the supplier after deduction of commission, costs and expenses.
A payment guarantee can only be provided if ATS allows this in the individual case. Unless otherwise agreed, a payment guarantee must be issued by a bank, insurance company or other credit institution.
In the event of late payment, the buyer must pay default interest according to law.
The buyer is not released from the obligation to make payment in accordance with the contract or to issue a guarantee for payment if the buyer makes a complaint regarding defects in the goods or on other grounds. The buyer is also not entitled to assert a counterclaim that can be set off as a reason for not making payment unless the counterclaim is recognized by ATS.
However, the above does not mean that the buyer loses his right to claim a price reduction or other penalty corresponding to the error alleged, after payment has been made, cf. point 9.
If a payment arrangement other than that specified in this paragraph has been agreed, the seller retains ownership of the delivered goods until the purchase price plus interest and costs has been paid in full. Furthermore, the buyer is not entitled to dispose of the goods by pledge or in any other similar manner until the purchase price plus interest and costs has been paid in full.
- COMPLAINT
The buyer shall, as soon as possible and without undue delay after receipt, examine the goods and immediately submit a complaint to ATS in the event that the buyer wishes to claim that the goods deviate from the above in any respect.
If the complaint is unfounded, penalties will not be considered.
The Buyer loses his right to claim a complaint if he does not notify ATS Sweden of the defect within 1 week after he discovered the defect or should have discovered the defect. It is the Buyer's responsibility to report the defect to ATS Sweden.
The buyer is aware of and accepts the following conditions:
- a) The goods are used/worn and the agreement concerns the purchase of used goods.
- b) The goods are sold as is and in their existing condition.
- c) ATS acts as an intermediary between the previous owner and the buyer, or ATS has purchased the goods from the previous owner for immediate resale.
- d) ATS has no knowledge of the goods beyond what has been conveyed by the previous owner.
- e) The buyer has been given the opportunity and encouraged to:
- examine the goods before the agreement is concluded.
- to seek the help of a special expert to examine the goods before the purchase.
- to ask questions about the goods directly to the seller's supplier and request necessary information from him.
- f) ATS is not responsible for the goods being damaged or deteriorated during transport. The buyer is offered and encouraged to take out their own insurance regarding the transport. In the event of transport damage, the buyer must immediately notify the transport company.
- g) the buyer shall in all respects and at all stages regarding sale and delivery contribute to the proper performance of the agreement and provide the information required by the seller/supplier.
- h) the purchase price has been accepted by the buyer and reflects the buyer's perception of the value of the goods.
If the goods are defective in any respect, ATS has the right to remedy the defect within a reasonable time or to make a replacement delivery.
The buyer loses the right to assert the defect if he fails to file a complaint in the manner specified above. Complaints must be made in writing.
The seller is not liable for errors or related penalties in any respect beyond what is stated above.
The seller is therefore not liable for any consequential damages and/or losses that may be caused by the error, such as operating costs, loss of profit or other consequential damages of a financial nature.
The buyer is aware of and accepts that the seller's liability is limited in such a way that the buyer cannot validly make claims against the seller that go beyond the claims the seller can in turn make against the seller's supplier/former owner/legal representative.
- DISPUTES
This agreement shall be governed by Swedish law. Disputes arising from this agreement shall be settled by a general court, with Östersund District Court being the first instance.