Conditions of sale:
These Conditions of Sale shall apply to all sales through www.hoganasthermalspray.com and will exclude application of any deviating general or specific conditions or terms of buyer. No waiver or modification of these Conditions of Sale shall be binding upon Höganäs, unless approved in writing by an authorised representative of Höganäs.
2. Information concerning product:
Any information concerning weights, prices, technical properties and other specifications for products being part of Höganäs catalogues, brochures, advertisments, circulars, data sheets, price lists or otherwise shall not be binding upon Höganäs and may not be relied upon by buyer, unless such information follow from a specific agreement and is expressly specified therein.
3.1 Products delivered shall be in accordance with Höganäs' specification or such other specification agreed in writing. The quantity of the products established by Höganäs forms the basis for invoicing.
3.2 Höganäs shall notify buyer in case there is reason to believe that delivery of products may be delayed. Except in cases set forth in Clause 5 below, buyer shall, in case the delay exceeds thirty (30) calendar days, be entitled to cancel the delivery in question provided that the delay causes the buyer considerable inconvenience. Buyer shall not be entitled to make any other claims for damages or otherwise in case of delayed delivery.
3.3 In case Höganäs has reason to question buyer's solvency or ability to pay for delivered products, Höganäs shall have no obligation to make delivery, and shall be entitled to stop products under carriage, unless buyer makes advance payment for the delivery and other claims arising from the business relation or grants security which can reasonably be accepted by Höganäs.
3.4 Höganäs accepts returns of products in unopened packages and will reimburse the buyer the purchase price for such returned products less a 2% restocking fee, provided that the return freight is arranged for and paid by the buyer and that Höganäs receives the returned products within ten (10) days from the original delivery date.
4.1 Should products, as delivered, be shown not to conform with Höganäs' specifications or the specification otherwise agreed in writing, as the case may be, or the quantity of delivered products be shown to deviate from the agreed quantity, Höganäs shall, at it's own discretion and at its own cost, as the sole remedy of the buyer, either deliver new products or refund such proportion of the purchase price received corresponding to the non-conformity or the shortage. The buyer is, however solely liable for the suitability of products, and their compliance with laws, regulations and applicable standards, for the intended use.
4.2 The buyer shall examine the products upon delivery and report to Höganäs any damages, non-conformities or deviations in quantity. Any claim from buyer on account of such examination must be made to Höganäs prior to the product or any part thereof is used or put into production. Any claim on account of such defects, damages or non-conformities shall be deemed waived by the buyer, unless submitted to Höganäs in writing not later than ten (10) days from the delivery date.
4.3 Any notice of claim shall be specified and state the alleged defect, non-conformity or deviation in quantity as well as the lot number and delivery date of products. Höganäs shall be entitled to examine and take samples of any delivery with an alleged defect or non-conformity. In the event Höganäs acceots to deliver new products, Höganäs shall have the right to collect defective products.
4.4 Höganäs shall have no liability in respect of damages, non-conformities or deviations in quantity if such damages, non-conformities or deviations is resulting from failure by buyer (or its employees or customers) to comply with laws, regulations, applicable standards or instructions of Höganäs as given from time to time regarding the use, handling, transportation or storing of the products.
4.5 The total liability of Höganäs on any claim whether in contract, tort (including negligence) or otherwise arising out of, connected with or resulting from the manufacture, sale, delivery, resale, replacement or use of any product shall in no event exceed the price allocable to the products or part thereof which give rise to the claim. No action may be brought by the buyer more than six (6) months from the delivery date.
5. Force Majeure
Höganäs shall not be liable for any non-performance caused by circumstances beyond Höganäs' control, which directly or indirectly prevent, obstruct or render production, delivery or freight uneconomical until such obstacle has been removed (force majeure). Such circumstances shall be deemed to include difficulties to procure raw materials as well as other difficulties and disturbances, including but not limited to war, riot, labour conflicts, fire, flood, storm, accident, fuel or power shortages, transportation shortages, obstacles or interruptions regarding transportation at sea and breakdowns or interruptions of any kind as regards Höganäs' equipment or facilities, which are deemed necessary for the performance of Höganäs' obligations.
6. Disputes and Governing Law
6.1 Any dispute arising out of or in connection with delivery of products shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration proceedings shall take place in Malmö, Sweden and the language to be used in the arbitral proceedings, its documentation and award shall be English. The Rules for Expedited Arbitrations shall apply if the amount of the dispute does not exceed EUR one hundred thousand (100 000). Höganäs shall also be entitled to apply directly to any competent court of law, in cases of default in payment.
6.2 These general Conditions of Sale and any other agreeement between Höganäs and buyer shall be governed by Swedish law, without regard to its principles of conflict of laws, except that the Swedish law (1987:822) on International Sale of Goods shall not apply.
In Compliance with
Directive on Electronic Commerce (Directive 2000/31/EC) of the European Parliment and the Council.
Company name - Höganäs Belgium SA, Address - Ruelle Gros Pierre 10, B-7800 Ath. Belgium.
VAT number - BE 0422 056.601. Email - firstname.lastname@example.org