The following general terms and conditions apply to all our contracts, in Sweden as well as abroad.
Definitions
The term “the Seller” is Motor-Service Sweden AB and the term “the Buyer” is the person, firm or company to whom the quotation/order/invoice is issued.
Quotations
All quotations are issued in Euro (€) currency unless otherwise stated in the quotation. The quotations validity is indicated on the quotation, normally one (1) month from date of issue.
Pricings
Pricing are for full order only, partial orders are subject to acceptance by the Seller. Pricing does not include shipping costs or any taxes additional for exporting/importing the goods to the Buyers territory/area. The pricing is binding during the validity of the quotation, hereafter the Seller reserve rights to modify the pricing accordingly.
Orders
Orders are considered firm and binding by recipient of fax/e-mail/post or any other similar document. An order is considered as acceptance of the quotation in aspect of the indicated conditions. The order should be technically clear, it’s the Buyer’s responsibility to specify the correct execution if any options available or to supply all necessary information for the Seller to be able to determine correct execution. In case it is incomplete the responsibility lies with the Buyer. For orders less than 200€ we charge an administrative fee of 35€.
Delivery dates
The delivery time is stated on the quotation/order and are estimated when the parts can be shipped, but not guaranteed by the Seller. The Seller shall have no liability to the Buyer or third parties in connection therewith. When specified a delivery date in writing, there are actions outside the Sellers reasonable control, for example war, strikes, fire, accidents, delay by sub-contractor or other to which the Seller cannot be held liable. The Seller is not liable or deemed to be in default if any no fulfillment/delay is a consequence of force-majeure circumstances.
Cancellation
Order that are cancelled after firm recipient of an order confirmation, are subject to 20% cancellation fee.
Transportations
All pricings in the quotation are from the Seller’s warehouse in Sweden unless otherwise stated in the quotation/order.
Transportation is done by the sub-contractor of the Seller unless other is required by the Buyer. All transportation costs are additional to the amount indicated on the quotation/order and will be added on the final invoice. All expenses connected with Customs’ taxes and duties on the Buyer’s territory/area of responsibility shall be covered by the Buyer. The value for customs clearance is the same as the value shown on the order confirmation/proforma invoice. When we arrange transportation on the Buyers account we charge an administrative fee.
Warranty
All parts supplied by the Seller are covered by a one (1) year warranty unless otherwise stated in the quotation/order. The seller cannot be held liable for parts and conditions of sub-contractors action and/or parts sourced specifically to the Buyer’s needs. The seller cannot be held liable for malfunctions due to improper installation or irregular use of the installation/equipment, other then what is specified by manufacture of the Equipment.
Terms of payment
Payment terms are stated in the quotation/order and are considered as accepted upon receiving of the Buyers confirmed order, usually 30 days from date of invoice. Payments should be done within the conditions stated and indicate order no/ invoice no as given in the order/invoice sent to the buyer. Interest of 2% per month of the invoice value, shall be due and payable by the Buyer from the date of the expiration of the invoice. All banking costs are to be covered by the Buyer. Remarks to the invoice must be done within 7 Days.
Please note that Motor-Service Sweden AB will hold the Company who placed the order, responsible for the payment of the corresponding invoice.
Ownership
The Seller is considered the owner off all items delivered until full payment of the specific invoice. In case of nonpayment the Seller can demand the return of the parts ordered as soon as the invoice is due. Any difference in value between the items supplied and returned will remain payable and are still considered to be the Sellers property until payment is performed.
Return of Spares
In cases of parts need to be returned to the Seller a “Return of Spares” must be issued, describing the circumstances of the return such as taxes, transportation costs, refund, cancelation fee (20%) etc, shall be stated by the Seller on the Return of Spares issued to the Buyer. Parts returned by the Buyer without this agreement, is subject to being refused to accept by the Seller. Parts must arrive to the Sellers warehouse within 2 months of issuing the “Return of Spares”. In case the returned parts or boxes are used/dirty/damaged/defect etc the Seller can charge the Buyer with additional charges to cover these costs.
The Buyer is responsible for compliance with the IMO regulations.
Note
Please contact us if you are operating your engine under the NOx parameter system, so that we can discuss your exact requirements.
Any use by us of any engine manufacturer’s brand or model name, product codes, part numbers or IMO numbers is for descriptive and/or reference purposes only. Such use does not mean that parts so described originate from the engine manufacturer. Should confirmation of origin be required, this will be provided separately.
These terms and conditions and all issues regarding them are governed by and will be construed in accordance with Swedish substantive law. Any dispute, controversy or claim arising out of or in connection thereof shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be Swedish.
Notwithstanding the above, the Seller shall be entitled to commence proceedings for the payment of any amount due in any court with jurisdiction over you or any of your assets.