Valid from 2019-03-15
Deviations from these terms and conditions must be agreed in writing for to become effective.
These general terms and conditions of sale apply to sales contracts between Motiofy AB, org no. 559119-9020-Majorsgatan 35, 852 38 Sundsvall, (hereafter the supplier) and the client, who, as a consumer, is not covered by the Consumer Purchase Act (1990:932).
Notice to the counterparty shall be addressed to the person or place of business which, according to the counterparty, is handling the case and shall contain the designation given by the counterparty, such as the order number.
The quotation submitted is valid for 30 days from the date (quotation date) indicated on the quotation date unless otherwise specified in the quotation. The Supplier reserves the right to correct the prices quoted in the quotation taking into account the taxes received after the quote date, other public charges and currency changes, the emergence of which is beyond the supplier’s control and does not significantly affect the price of the goods offered. This applies regardless of whether these costs are included in the quotation or not.
Orders must be given in writing or orally to the supplier. Confirmation of the order is made by written order recognition. If any condition of the order violates the General Terms and Conditions of Sale, this condition must be incorporated in writing in a contract of sale signed by both parties in order to be valid between the parties. Changes to orders must be made in writing within 8 days of the date indicated on the order recognition. Costs incurred as a result of changes to orders incurred after the above deadline will be charged to the purchaser as follows: Costs for modified goods will be charged at 25 % of the regular sales value of the modified product. Shipping and packaging costs are charged 100%.
Terms of sale
Price information provided by the supplier refers to prices according to the applicable price list unless otherwise stated. Costs for taxes, other public charges, packaging, shipping and insurance will apply unless otherwise stated. Used packaging is not withdrawn by the supplier. The supplier reserves the right to take out transport insurance for goods to be delivered to the customer.
The transport insurance is charged to the customer.
Invoice with 30 days payment period where payment must be provided to the supplier no later than 30 days from the invoice date. The payment is made in accordance with the detailed rules of the quote or sales contract. Other payment terms may apply. In the event of a delay in payment, interest on late payment is charged at the interest rate resulting from the Interest Rate Act (1975:635) at the time of the conclusion of the contract. The Supplier reserves the right to charge administration fees in accordance with the Act (1981:739) on the return of collection costs, etc., and the Regulation (1981:1057) on compensation for collection costs, etc.
Transport and Receiving
Where the supplier arranges transport, the purchaser shall inform the supplier without delay in the event that the shipment cannot be carried out in the manner indicated by the supplier. If the customer fails this, he is responsible for allowing delivery by the supplier specified. The customer is responsible for ensuring that the necessary personnel and facilities are available for unloading the goods. The customer is responsible for checking the goods received upon receipt. Delivered goods must be placed immediately under the responsibility of the customer in an appropriate space with normal room temperature and humidity.
Machines and implements are mainly supplied partially assembled. The intake and assembly of ordered goods is provided by the purchaser or supplier depending on what has been agreed in the contract of sale.
The delivery time is specified in the order recognition. The supplier cannot be held responsible for delays in delivery if the delay is due to circumstances beyond the supplier’s control. Examples of such circumstances are force majeure, strike, blockade, lock out or illness, as well as inaccuracies or delay of underdelivery.
The purchaser has the right to claim that the item is defective if, within the time limit set below, he gives the supplier a written notification of the defect indicating where the defect persists (complains). Errors shall be complained of within eight (8) days of the date of the goods received. In addition, damage to the goods presumed to have occurred during the transport, as well as any other defects in the delivery, shall be reported to the carrier in the immediate vicinity of the delivery. The nature of the damage shall be entered on the carrier’s shipping documents. The purchaser’s additional right to invoke defects in the product is stipulated in the warranty clause below.
Warranty 4 years for manufacturing and material defects on non-moving parts such as the machine frame. 2 year warranty on moving parts such as wheel bearings. The respective warranty does not cover cable cars, ropes, brake straps, rod handles, wheels or other wear parts, nor substitutes for the transport and packaging of the goods, work or travel. The guarantee means that the supplier is obliged, upon emergence of the customer, to complain about the defect of the goods, at his choice remedy the defect or to redelivery.
Defects caused by improper care or handling, or neglect, improper use or alteration of goods, or have not been installed in accordance with Motiofy’s instructions and installation instructions are not covered by the warranty. In order to take up the guarantee, the purchaser must notify the supplier within eight (8) days of the defect being discovered or removed, in writing together with the attached photo, notify the supplier of the defect indicating where the defect persists.
Responsibility for Personal injury
In accordance with the Product Liability Act (1992:18).
Delivered goods are the property of the supplier until it is fully paid in accordance with the parties’ agreements. The supplier has the right to cancel the purchase due to the customer’s delay in payment even if the goods have come into the customer’s possession. In the event of the supplier’s withdrawal of the goods due to the customer’s delay in payment, the purchaser is responsible for all the costs incurred in connection with the withdrawal. Until the ownership of the purchaser has been transferred, the purchaser does not have the right to transfer, pledge or otherwise sublet the goods, or to dispose of the goods in such a way that its characteristics change or that the supplier is not able to fully assert its ownership rights in relation to third parties.
Any dispute concerning the validity, interpretation, or application of this Agreement or of a legal relationship arising from this Agreement shall be settled by a general court with the District Court of Sundsvall as the first instance. However, a dispute concerning the supplier’s claim in money relating to goods sold may, at the supplier’s choice, be settled by the general court in which the purchaser has its registered office.