Conditions of sale 1/2017 Modern Flames
1. FORMATION OF CONTRACT
1.1 A contract shall be considered concluded if an order has been accepted by the vendor by means of a special order acknowledgement. The wording of the order acknowledgement shall be determining for the contract and shall replace all previous oral and written agreements. Unless otherwise stated, quotations are not held open for longer than 20 days.
2. DRAWINGS AND DESCRIPTIONS
2.1 Any information of weight, dimensions, capacity, price, technical and other data in catalogues, leaflets, circulars, advertisements, pictorial material and price lists are binding only to the extent that the contract expressly refers to such information.
3.1 Delivery is made within Europe by carrier or delivery firm engaged by Modern Flames with delivery terms: Ex works Modern Flames warehouse. The risk for delivery is passed to the customer when Modern Flames hands over the product to carrier.
Modern Flames does not carry any responsibility for delivery being delayed, regardless if the delay depends on delay by the carrier, delay or back order by the product manufacturer or any other circumstance.
4.1 The prices are free at the place of delivery, not including purchase tax, value added tax, packing and customs duties.
4.2 The time of payment is calculated from the date of delivery or, if postponement of delivery has been requested by the purchaser, from the date when the goods should originally have been delivered. In the event of delay of payment, the vendor is entitled to charge interest from the day on which payment was due equivalent to the official Swedish discount rate plus 9%.
4.3 The goods delivered shall remain the vendor’s property until payment for the goods has been executed in full, provided such retention of property is permitted by the applicable law. If that law does not recognize reservation of title, the vendor may exercise all other rights with regard to the goods, which the law allows him to reserve. The purchaser shall give the vendor every assistance in taking measures necessary for the protection of that proprietary rights of the vendor or such other rights as have been mentioned in the foregoing.
4.4 If the purchaser does not make payment on time, the vendor has the right to postpone fulfillment of his own obligations until such payment has been made, unless the omission by the purchaser is due to some action or default in the part of the vendor.
5.1 Test and inspection of the goods shall be executed by the purchaser at his earliest convenience and any defect in the goods or lack of material shall be reported to the vendor without delay, in default of which the purchaser shall lose his right to make any claim due to the said defect.
6.1 Warranty on goods is given by the manufacturer of the product. Modern Flames Europe gives no further warranties in excess of respective manufacturer’s specified warranty terms.
6.2 The liability of the vendor in respect of any defect in the goods supplied is limited to making good by replacement or to the repair of defects which, under proper use, appear therein and arise solely from faulty material and/or workmanship within a period of twelve calendar months after the original goods shall have been first dispatched, provided always that such defective parts are returned free to the vendor´s warehouse for examination. It is expressly agreed before returning defective goods -purchaser must clearly mark the goods in writing confirmed by the vendor. Goods without such mark will not be accepted.
6.3 It is expressly agreed that the vendor shall not be liable in any respect including payment or other compensation whatever to the purchaser from any indirect consequential – including loss of profit – or direct
costs, loss, damage, product liability, personal injury or for damage to property not included in the delivery under this agreement.
7. FORCE MAJEURE
7.1 The following circumstances shall considered as cases of reliefs, if they occur after the contract has been made and impede, obstruct and/or prevent its fulfillment: labor disputes and any other circumstance such as fire, mobilization, requisition, confiscation, currency restriction, riot and civil commotion, scarcity of transportation, general commodity shortage and restrictions on motive power, where such other circumstances have been beyond the control of the parties.
7.2 Should delivery be delayed for any cause other than those specified in article 7.1, the vendor is not liable to pay compensation to the purchaser other than to the extent that such liability to compensate has been agreed. In such cases the purchaser is entitled to cancel the contract if the delay is not of minor importance.
8. ARBITRATION AND APPLICABLE LAW
8.1 All disputes arising from those contract shall be finally settled by arbitration.
8.2 Except where otherwise agreed, the law of the vendor´s country shall be applicable to the contract.