These general terms of sale and delivery shall apply unless they have been amended by written agreement between HARALD PIHL and the purchaser, where HARALD PIHL expressly has agreed to deviations from these terms.
HARALD PIHLs offer is valid for 14 days unless otherwise stated, with reservation for prior sales.
3. Order confirmation
HARALD PIHLS order confirmation is binding in all parts unless any objections are put forward by the purchaser within three working days of receipt.
For tolerances regarding dimensions, lengths, weight, etc., the applied standard for the material concerned applies. In the event of any uncertainty regarding the applicable standard, the sales representative should be contacted.
Cut or sheared pieces will not be deburred, straightened or processed in any other way. Flatness according to the material standard cannot be guaranteed after the material has been cut or sheared.
Unless otherwise agreed, the current price on the day of ordering shall apply. All prices are stated exclusive of VAT.
6. Cutting cost
Cutting costs will apply for stock material, if cut.
7. Freight and delivery clauses
Delivery clauses shall be interpreted on the delivery date according to current Incoterms, as issued by the International Chamber of Commerce.
If the purchaser has a private freight agreement, the purchaser shall be charged directly by the carrier. In other cases, freight costs shall be charged by HARALD PIHL.
Goods that are sold CPT with a specified destination must be insured by the purchaser. If the goods is not insured, the purchaser risks losing any right to compensation should the goods be damaged or lost.
If goods, for which HARALD PIHL is the shipping client, go astray, the carrier's terms for replacement delivery shall apply.
Certificates shall be charged at EUR 15 per item, unless otherwise agreed.
9. Exchange rate changes
When the offer is based on foreign currency the conversion rate should be stated in the offer, regardless of whether the offered price is given in foreign currency or SEK, and will form the basis for a possible adjustment to the rate applicable at the time of delivery. If the USD exchange rate deviates more than two (2) percent at the delivery date (from HARALD PIHLs warehouse) then HARALD PIHL reserves the right to adjust the price according to the new exchange rate. The conversion rate is determined by SEB's spot rate.
If there is reason to believe that the purchaser will fail to fulfil his or her obligation under the terms of the agreement, HARALD PIHL shall have the right to demand that an acceptable guarantee is issued for the fulfilment of the agreement. If this is not done within a reasonable period of time, HARALD PIHL shall have the right to cancel the purchase. This must be done in writing and applies to goods that have not been delivered.
11. Payment and interest on arrears
The terms of payment are 30 days from the invoice date, unless otherwise agreed. If payment is not received on time, interest will be charged on arrears. The rate of interest on arrears is 12% per year.
12. Notification of delay
Should HARALD PIHL find that the agreed date of delivery cannot be met, the purchaser shall be notified immediately and a new delivery time agreed upon.
13. Damages due to delay, cancellation
Delay in delivery, for which HARALD PIHL is responsible, are not grounds for damages, nor cancellation.
If the purchaser cancels the purchase during the delivery time, the purchaser shall be liable to pay damages, equal to one third of the order amount. However, HARALD PIHL have the right to additional compensation if the actual damage is greater than the agreed damages payment.
HARALD PIHL does not take material in return, unless otherwise agreed. Materials that are dependent on a documented charge number will not be accepted as returned goods if this information is missing. Similarly, HARALD PIHL, does not accept to take materials that have been cut or sheared, in return.
15. Acceptance inspection
A packing list must accompany the goods.
On receipt, the purchaser must examine the goods. If, due to the nature of the packaging or for some other reason, the goods cannot be examined immediately, the acceptance inspection shall cover the packing list and number of packages.
Where possible, a comparison should be made between the packing list and information on the packaging.
After the packaging has been removed and before the goods are put to use, a more thorough acceptance inspection must be conducted.
HARALD PIHL is not responsible for any damage caused to the goods after the acceptance inspection has been completed.
16. Complaints due to shortfall or damage
In the case of goods sold CPT with the place of destination specified, any loss or damage that occurs in transit should be noted on the consignment note and reported to the carrier and HARALD PIHL within 3 working days. If neither goods nor consignment note are received by the purchaser, then this shall be reported to the carrier and HARALD PIHL within 3 working days after the purchaser found out or should have found out that the goods are missing. The goods will not be replaced by HARALD PIHL.
If the goods are sold FCA or EXW from Täby and, during transport, a defect or shortfall occurs in the goods delivered, this should be noted on the consignment note and reported to the carrier.
17. HARALD PIHLs liability for defects in the material.
Incorrectly supplied materials will only be replaced with new materials. HARALD PIHL is not responsible for any consequential damage and will compensate the purchaser up to a maximum of the purchase price.
Transport costs that arise in connection with incorrect or replacement materials, shall be borne by HARALD PIHL.
18. Reservation of ownership
Ownership of the materials supplied by HARALD PIHL passes to the purchaser once the entire purchase price has been paid. The purchaser does not have the right to process, sell or in any other way dispose of the material until the ownership has been transferred.
19. Over or under delivery
HARALD PIHL has the right to over or under supply by up to 10% of the amount specified by the purchaser.
20. Processing of material supplied by the purchaser
For damages on the purchaser’s material, HARALD PIHL is only responsible if the damage has been caused by HARALD PIHLs negligence and where the damage is not covered by the purchaser’s insurance. The compensation is limited to the value of HARALD PIHLs processing cost. HARALD PIHL is not responsible for any consequential damage.
21. Selection and suitability of materials
HARALD PIHL is not responsible for ensuring the materials are suitable for any particular purpose and therefore disclaims all liability.
22. Grounds for exemption – Force Majeure
HARALD PIHL is not responsible for delays or damage caused by force majeure, i.e. natural obstacles, fire, war, traffic disruption, strike, lockout, boycott or equivalent.
This also applies to any other obstacle that could not have been foreseen at the time when the agreement was entered into.
A subcontractor affected by the above, are also grounds for exemption for HARALD PIHL.
Swedish law shall apply to this agreement. Disputes, due to this agreement or the legal relationship due to this agreement, shall when possible be solved through negotiations in consensus between the parties. If a dispute cannot be solved through negotiations the dispute shall be settled in public court with Stockholm District Court as first instance.
Täby, March 2016