Terms and Conditions
- The term “the seller” shall mean Majnabbe Motor Diesel Service AB
- The term “the buyer” shall mean the person, firm or company to whom the quotation is issued.
- The term “the quotation” shall mean the sellers quotation.
- The term “the acknowledgement of the quotation” shall mean the buyer’s written acknowledgement of the quotation.
- The term “confirmation of order” shall mean the seller’s written confirmation of the acknowledgement of the quotation.
- The term “the contract” shall mean the contract between the seller and the buyer comprising the quotation, the acknowledgement of the quotation and the confirmation of order. Should there be any inconsistency between the documents comprising the contract they shall be interpreted in the order of the documents herein listed. These conditions of contract shall apply to the contract. Unless otherwise agreed in writing by the seller these conditions of contract shall over-ride any condition imposed or purported to be imposed by the buyer.
- The terms “goods” and “services” shall mean the goods and services stated in the quotation as amended by the acknowledgement of the quotation and/or the confirmation of order.
- It is specifically drawn to the attention of the buyer that the contract is not completed without the seller’s confirmation of order.
2. Delivery date(s)
Unless specifically guaranteed by the seller in writing the date(s) of delivery stated in the quotation and/or the confirmation of order is/are estimates only and is/are not guaranteed by the seller and the seller shall have no liability to the buyer or third parties in connection therewith. Even where the seller specifically guarantees in writing the date(s) of delivery the seller shall have no liability in connection with such guarantee if the seller fails to deliver within the guaranteed time due to delay caused by war, strikes, lock-outs or other industrial action, fire, accidents, delay by sub-contractors or other cause(s) outwith the reasonable control of the seller.
The price(s) stated in the quotation as amended by the acknowledgement of the quotation and/or the confirmation of order is/are estimates only and the price(s) ruling at the time of the quotation and/or the confirmation of order and as such price(s) are not guaranteed unless specifically stated by the seller in writing. Except where the price(s) are guaranteed by the seller as aforesaid the price(s) payable for the goods and services shall be the seller’s ruling price at the time of dispatch of the goods and/or completion of the service. Unless otherwise stated by the seller in writing the price(s) for the goods shall be ex the seller’s works and the costs of freight and insurance to be the responsibility of the buyer.
4. Terms of payment
Unless otherwise stated by the seller in writing, payment in full for the goods and services shall be due by the buyer thirty days from dispatch of the goods from the seller’s works or thirty days from the completion of the service. Interest at the rate of 1,5 per cent per month on the value of the goods and services outstanding and unpaid shall be due and payable by the buyer from the date thirty days from the dispatch of the goods and/or completion of the service until payment.
Notwithstanding delivery the goods shall remain the property of the seller until such time as payment in full for the price(s) under the contract and any other sums due by the buyer to the seller under any other contract between the buyer and the seller has been made by the buyer to the seller. Any claims of the buyer in connection with the resale of the goods are hereby assigned to the seller. In connection with any resale of the goods by the buyer, the buyer shall hold the proceeds of any such resale in trust for the seller in satisfaction of all sums due from the buyer to the seller under the contract between the buyer and the seller.
6. Passing of Property and Risk to the Buyer
The risk in the goods passes to the buyer when the goods are dispatched from the works of the seller.
In lieu of any warranty, condition or any liability expressed or implied by statue or common law, custom, trade or otherwise all of which, so far as it is competent to do so, are expressly excluded, the liability of the seller shall be limited to making good defects in the goods so far as the goods are manufactured by the seller (or to making good defects in workmanship on the part of the seller) for a period of eighteen months from the date of dispatch of the goods from the seller’s works (or completion of services) and irrespective of whether the goods are stored by the buyer or installed by or on behalf of the buyer during the said period and provided always that where the goods are installed by or on behalf of the buyer during the said period the liability of the seller shall be restricted to defects in the goods provided the buyer has followed the seller’s instructions for the operating, cleaning or maintenance of the goods and also provided always that, unless otherwise arranged, defective goods are promptly returned (free of carriage charges) to the Works of the seller for inspection and acknowledgement of defect. In the case of goods which are not of the seller’s manufacture (or services provided by a third party) the buyer shall be entitled only to the benefit of any guarantee given by the seller’s supplier or sub-contractor of the goods or services. The guarantees contained in this clause shall be subject to fulfilment by the buyer of the whole terms of payment and all other obligations of the buyer under the contract being strictly adhered to and shall not cover negligent or improper handling of the goods by the buyer or his employees or agents or third parties and nor shall this guarantee cover any damage caused beyond the control of the seller. Further the guarantee contained in this clause shall not be effective if the buyer either by himself or through a third party undertakes alterations or repairs to the goods without having previously obtained the written consent of the seller.
8. Exclusion of consequential loss
The seller shall not be liable for any consequential loss or indirect loss suffered by the buyer whether this loss arises from the breach of a duty in Contract or in any other way (including loss arising from seller´s negligence). Non-exhaustive illustrations of consequential or indirect loss would be loss of profits; loss of contracts; damage to the property of the buyer or anyone else; and personal injury to the buyer or anyone else (except so far as injury is attributable to the seller’s negligence). Notwithstanding the above the seller’s total liability in respect of the contract howsoever shall not exceed the contract price.
9. Legal Construction
The contract and the regulations of the rights shall be governed, construed and shall take effect in accordance with the laws of Sweden and the buyer agrees to submit to the exclusive jurisdiction of the Gothenburg District Court, Sweden.
10. The titles to these conditions shall not affect the legal construction of the conditions.