GENERAL TERMS OF DELIVERY

Adopted by the Metal Section within the Steel and Metal Association

Applicability

1. These general terms of delivery apply between traders and shall apply insofar as they have not been amended by written agreement between the parties.

Offer

2. The seller's offer applies on the day the offer is made. The seller reserves the right to adjust the price and delivery time until the day of delivery.

Costs for tests provided upon request are included in the offer only if this is specifically stated.

Order Confirmation

3. The seller's written order confirmation is binding for the buyer if any objections are not raised immediately.

Tolerances, etc.

4. Unless otherwise stated, the generally accepted industry standards for the respective type of goods shall apply for tolerances regarding dimension, length, weight, etc., as well as the seller's right to over- and under-deliveries. The weights stated by the seller are approximate. Samples are to be considered as type samples unless otherwise agreed.

Price

5. Unless otherwise agreed, the buyer shall pay the price applied by the seller on the day of delivery for the type of goods specified in the contract.

In addition to the agreed price, the buyer shall pay compensation for applicable value-added tax.
Packaging that is necessary or requested will be charged separately and will not be taken back unless otherwise agreed.

Delivery Clauses

6. Delivery clauses shall be interpreted according to the applicable INCOTERMS issued by the International Chamber of Commerce at the time of the agreement.

Payment and Late Payment Interest

7. Payment terms are 30 days net from the invoice date.

If payment is not made on time, late payment interest will be charged at a rate twelve percentage points above the current reference rate of the central bank. When the reference rate changes, the late payment interest will be adjusted accordingly from the following month. Payment does not imply acceptance of the goods or invoicing.

For overdue payments, the seller is entitled to compensation for written reminders in accordance with the law on compensation for collection costs, etc.

Security

8. If there is reasonable cause to believe that a party will not fulfill its obligations under the agreement, the other party has the right to demand acceptable security for the fulfillment. If this is not done without undue delay, the party demanding the security has the right to cancel the purchase in writing concerning undelivered goods.

Notification of Delay

9. If a party finds that it cannot meet the agreed delivery or receipt time of the goods or if such a delay appears likely, the other party shall be notified without delay. The time when delivery is expected to be completed shall also be stated. The above also applies to partial deliveries included in the delivery.

Cancellation for Delay

10. If a notified or actual delay in delivery or receipt causes significant inconvenience, the party not responsible for the delay has the right to cancel the agreement in writing. If the delay concerns only certain goods in the delivery, cancellation can only be made concerning these goods and the associated goods.

For materials specifically produced for the buyer, the right to cancel applies only after a 10-week delay from the agreed delivery date.

If a notified or actual delay concerns the delivery of goods manufactured according to the buyer's instructions and/or goods not normally stocked by the seller, the buyer can only cancel if the delay is significant and if the buyer can obtain delivery of the delayed goods from another supplier before the delivery date notified by the seller.

If a party does not exercise its right to cancel the agreement without undue delay, the time specified for delivery in the notification of the delay shall be considered the new delivery time.

If the agreement is canceled due to a notified or actual delay, the party has no other right to compensation for damage than stated in section 11.

Compensation for Delay/Cancellation

11. Compensation for delay and/or cancellation is only provided if a special agreement has been made. Any claim for compensation must be made in writing within two months after the delivery should have taken place. Later claims do not entitle compensation.

Receiving Inspection

12. A delivery note shall accompany the goods.

The buyer shall inspect the goods upon arrival with due care, considering the nature of the goods and the method of delivery, including unpacking goods that could otherwise be damaged. If the goods cannot be inspected immediately due to the nature of the packaging or other reasons, the receiving inspection shall cover the delivery note, number of packages, type of goods on the packaging, and visible damages.

When the goods are unpacked or otherwise before the goods are used, a receiving inspection shall be conducted with due care, considering the nature of the goods.

Claim for Shortage or Damage

13. Shortages or damages to the goods, presumed to have occurred during transport, shall be reported directly to the carrier and in accordance with the applicable transport regulations. The seller shall also be notified without delay where applicable.

Shortages or damages noticeable upon inspection at the receipt of the goods shall be reported immediately to the carrier and the seller. Otherwise, shortages or damages shall be reported without delay after unpacking. Claims must be made or confirmed in writing and include details of the nature and extent of the shortage or damage.

If the buyer does not make a claim according to the above provisions, they lose the right to make claims due to the defect.

Seller's Responsibility for Defects in the Goods

14. The seller shall within a reasonable time either rectify defects in the goods or deliver new goods instead of the defective ones. The seller's commitment also includes covering necessary transport costs for defective or replaced goods but not for costs due to the use of the goods.
If the seller does not rectify the defect or deliver new goods within a reasonable time, the buyer can demand a reduction in the purchase price or, if the remaining defect is significant, cancel the purchase concerning the defective goods and the related goods.

The seller's responsibility for defects is contingent upon the goods being handled professionally and used for their intended purpose.

Defects noticeable during the receiving inspection shall be reported without delay and before the goods are used. Otherwise, defects shall be reported without delay after they are noticed and before the goods are used.

If claims are not made according to the above, the buyer loses the right to make claims due to the defect.
The seller is not responsible for defects in goods not reported within three months from the delivery date.

The seller's liability is limited to what is stated above. The buyer cannot claim other consequences than those stated above and has no other rights than those mentioned in the first paragraph, i.e., no right to compensation for lost profits or other indirect damage. The buyer also has no right to compensation for damage to other property than the sold goods or for personal injury and financial damage beyond what is provided by mandatory legislation.

Information and Service

15. All information in catalogs or from the seller's staff before or after the conclusion of the agreement is provided without commitment. The seller thus disclaims all liability for the suitability of the delivered goods for the intended purpose unless a written guarantee has been provided.
The same applies to any technical service provided by the seller to the buyer regarding the use of the goods after delivery.

Force Majeure

16. The following circumstances shall be considered grounds for release if they occur after the conclusion of the agreement and significantly hinder its fulfillment: labor disputes and any other circumstance beyond the control of the parties, such as fire, terrorist acts, war, mobilization, or unforeseen military conscription of similar scope, requisition, seizure, currency restrictions, rebellion and riots, scarcity of transportation, general shortage of goods, rejection of significant workpieces, restrictions on power supply, and defects in or delays of deliveries from subcontractors due to such circumstances as mentioned in this clause.

A party wishing to invoke such a circumstance must promptly notify the other party in writing of its occurrence and its cessation.
If the agreement cannot be fulfilled within a reasonable time, either party has the right to cancel the agreement to the extent that its fulfillment has been hindered by the aforementioned circumstances.

Applicable Law

17. Swedish law shall apply, with the exception of private international law rules and the (1987:822) Act on International Sales.

Dispute

18. Disputes arising from the agreement, changes to and additions to the agreement, and all related legal relationships shall be settled by arbitration according to Swedish law on arbitration.

Notwithstanding the above, either party may bring an action before a general court regarding an undisputed matured claim.