General terms of sale and delivery
Apply unless otherwise agreed in writing.
This document is a translation. In case of differences in interpretation, the Swedish version applies.
1. Application
The terms apply to Precisionstål’s sales to businesses. The customer’s own standard terms apply only if Precisionstål has expressly accepted them in writing.
2. Quotation and order
A quotation is valid for the period stated in it. A contract is deemed concluded when Precisionstål has confirmed the order in writing or has commenced delivery. The customer is responsible for order documentation, drawings, standards, tolerances and other requirements being complete and correct.
3. Product and material
The properties of the product are determined by the order confirmation and by expressly invoked specifications. Information in catalogues, on the website or in marketing material is indicative unless expressly made part of the contract. Material certificates, test reports or other documentation are provided where agreed.
4. Quantity, weight and tolerances
Normal commercial, manufacturing, cutting and weight tolerances may occur unless otherwise expressly agreed. For specially ordered, cut or processed material, the actual quantity or weight delivered may deviate within customary or agreed tolerances.
5. Price and taxes
Prices are stated excluding value added tax unless otherwise indicated. Precisionstål is entitled to adjust the price before delivery where the change in cost is due to altered customs duties, taxes, public charges, currency movements or other external costs that could not reasonably have been foreseen when the contract was concluded, provided the customer is notified without unreasonable delay.
6. Delivery
Delivery terms and the passing of risk follow the Incoterms® rule and version stated in the order confirmation. If no delivery clause is stated, delivery is made from Precisionstål’s warehouse and risk passes when the goods are handed over to the customer or the carrier. A stated delivery time is an estimate unless expressly agreed as binding.
7. Delay
Precisionstål shall notify the customer of any material delay. The customer may terminate the delayed part only after having given Precisionstål a reasonable additional period in writing, unless the delay is of material significance and Precisionstål realised or ought to have realised this.
8. Inspection and complaints
The customer shall inspect the goods without unreasonable delay after receipt. Visible transport damage shall be noted to the carrier on receipt. A complaint shall be made in writing as soon as the defect is discovered or ought to have been discovered, and shall state the order number, material identity, a description and relevant documentation.
9. Defects and remedies
Where a defect is Precisionstål’s responsibility, Precisionstål is primarily entitled, at its own reasonable option, to remedy the defect, make a replacement delivery or credit the defective goods. The customer may not process or return material subject to a complaint without Precisionstål’s approval where this would impede investigation or remedy.
10. Limitation of liability
Precisionstål is not liable for indirect loss, loss of production, loss of profit or other consequential loss, except where liability cannot lawfully be limited. Precisionstål’s aggregate liability for an order is, subject to the same exception, limited to the amount the customer has paid for the part of the delivery that caused the loss.
11. Payment
Payment terms are set out in the quotation or invoice. Late payment carries default interest under the Swedish Interest Act (räntelagen) together with statutory charges. Where there is justified uncertainty as to the customer’s ability to pay, Precisionstål may require security or advance payment for remaining deliveries.
12. Retention of title
Goods delivered remain the property of Precisionstål until payment has been made in full, to the extent such a retention of title is valid and enforceable under applicable law.
13. Force majeure
A party is released from liability for failure caused by circumstances beyond that party’s reasonable control, such as action by public authority, war, conflict, extensive operational disruption, cyber incident, epidemic, fire, natural event, transport disruption, energy shortage or material supplier disruption. The party shall notify the other party promptly.
14. Export control and sanctions
The customer shall comply with applicable rules on export control, sanctions and trade. Precisionstål may decline or stop a delivery if it is reasonably assessed as liable to conflict with such rules.
15. Intellectual property and confidentiality
Drawings, quotations, calculations and other material provided by Precisionstål may not be used outside the purpose of the contract or passed on in breach of a confidentiality undertaking or applicable law.
16. Governing law and disputes
Swedish substantive law shall apply. Disputes shall in the first instance be resolved through negotiation. If the parties do not reach a solution, the dispute shall be determined by the Swedish general courts, with Stockholm District Court as the court of first instance, unless otherwise agreed in writing.