Terms of Delivery
These terms complement the agreement with COBS AB and shall apply to sales from COBS AB to customer
Drawings and Specifications
- Drawings and specifications are supplied only to the extent deemed necessary and purposeful by COBS AB. All information regarding technical data, capacity, weight and dimensions listed in COBS AB ´s catalogues, prospectuses, circulars, advertising and illustrations is approximate. Such information is binding on COBS AB only when expressly referred to in the agreement.
- Any and all drawings or technical documents supplied by either party to the other party before or after execution of the agreement shall remain the property of the supplying party. Without express permission such drawings or technical documents may not be reproduced, released or otherwise made known to any third party.
- Any party purposely or inadvertently violating this item shall indemnify the other party for any consequential damage.
- Tenders submitted by COBS AB are binding for COBS AB for a period of 60 days after submission.
- If the buyer changes a confirmed order, COBS AB reserves the right to charge the buyer for all its own costs emanating from the change.
Prices and Terms of payment
- All prices specified in COBS AB ´s price lists, catalogues, prospectuses, circulars and advertisements are approximate and do not include costs for packaging. Such specifications are binding only to the extent that expresses reference thereto is made in the agreement.
- Prices listed in any tender or agreements do not include value-added tax or any government imposed levies.
- Invoices shall be paid within 30 days of the date thereof. At failure to observe the credit period, COBS AB shall be entitled to charge penalty interest at the rate of the Central Bank of Sweden official discount rate plus 8 %.
- Should after execution of the agreement any change in the rates of exchange occur to cause increased production costs for COBS AB, then the price shall be immediately adjusted pro rata. However, no price adjustment shall be effected if the change is less than 5 %.
- Delivery is affected Delivery Duty Paid “DDP” (Incoterms 2000).
- Should no delivery date have been agreed upon, then the delivery period runs from date of order confirmation from COBS AB.
- COBS AB is not obligated to deliver products unless the order is confirmed by COBS AB.
Reservation of title
- Until paid in full, goods sold remain COBS AB ´s property to the extent that so is legally possible at the relevant location.
- As soon as COBS AB finds that any such delivery delay is likely to occur as is not caused by the buyer it shall inform the buyer of the reason for the delay and, if possible, the date when delivery is expected to be implemented.
- If the delivery delay is caused by any circumstance listed in item 9.1 below or is due to any action by the buyer, then COBS AB is entitled to such extension of the delivery period as can be deemed reasonable, but always to not less than the period of time corresponding to the cause of the delay.
- Should COBS AB not be entitled to time extension as per the preceding item, and then the buyer shall be entitled to a penalty, unless it can be assumed that he has suffered no damage by reason of the delay.
- The penalty shall be paid for each commenced 7-day period of the delay in the amount of 0.5% of the value of such portion of the goods as due to the delay cannot be used as intended. However, the penalty in its entirety shall not exceed 7.5 % of the said value.
- Irrespective of whether penalty shall be paid or not under the preceding item, buyer shall have no right to require any other sanction by reason of COBS AB ´s delay unless buyer can show that COBS AB has been grossly negligent.
- If the agreement is cancelled by virtue of the preceding item then over and above the penalty the buyer shall be entitled to damages that shall not exceed the maximum penalty as specified in item 6.4.
Delay in accepting delivery
- As soon as buyer finds that any such delay in acceptance is likely to occur as is not caused by COBS AB, the buyer shall inform COBS AB of the reason for the delay and, if possible, when it is expected that delivery can be accepted.
- Buyer may hold back payment only provided the delay is caused by COBS AB or due to any such circumstance as is listed in item 9.1 below.
- If the delay in acceptance is not caused by COBS AB or is due to any such circumstance as is listed in item 9.1 below, then COBS AB shall be entitled to require the acceptance to be implemented at the risk of the agreement being cancelled in so far as it relates to such portion of the goods as has not yet been delivered.
- Should the agreement be cancelled under reference to the provision in the preceding item, then COBS AB shall be entitled to damages in full over and above indemnification for storage and insurance costs, whereby loss of trading profit will be calculated as 20 % on the order value.
Liability for defects
- COBS AB is liable as provided below, by exchange or repairs to remedy all such defects in the goods as are due to shortcomings in construction, material or production.
- COBS AB ´s liability is limited to such defects as become apparent within one year of delivery.
- COBS AB is liable for parts exchanged and repaired, in accordance with item 8.2, during one year from the day when the exchange and repairs were affected. Should it be impossible to utilize other parts of the goods while repairs or exchange is affected, then the guarantee period is correspondingly extended.
- If the buyer wishes to require repairs or exchange of defective goods he shall forthwith so notify COBS AB in writing.
- After receipt of such notice, COBS AB shall remedy the defect or exchange the goods with no undue delay. Repairs or exchange shall be effected where COBS AB deems suitable. The buyer shall defray all costs caused by the repairs or exchange, such as insurance and transportation costs to location specified by COBS AB. COBS AB is responsible for transportation to buyer and insurance of goods repaired or exchanged. In case of guarantee repairs affected on location, travel time, travel costs and daily allowance will be charged.
- Should COBS AB fail within a reasonable period of time to remedy any defect duly brought to its notice, then the buyer shall be entitled – at his own risk and expense – to remedy the defect and request a price reduction corresponding to the defect but not more than 15 % of the agreed price.
- Should the non-remedied defect be essential to the buyer, then the buyer shall be entitled to cancel the agreement.
- COBS AB is liable only for defects arising in proper use under working conditions as implied in the agreement and not for defects depending on the buyer or arising out of material provided or out of a design stipulated by, or faulty connections made by other party than COBS AB or by strokes of lightning.
- 1. In the event of damages due to the goods, the buyer shall keep COBS AB indemnified to the extent that COBS AB becomes liable vis-à-vis a third party for such damage or loss for which COBS AB is not liable vis-à-vis the buyer.
COBS AB is not liable for damages caused by the goods
a. to real and movable estate if the damage occurs when the goods are in possession of the buyer, or
b. to products manufactured by the buyer or products in which the buyer’s product is a part, or for damage to real and movable estate that these products cause.
COBS AB is not liable in the event of a production loss, loss of profit or other subsequent financial loss.
2. The buyer shall finally be responsible for any injury caused by the goods after delivery of the same or, if delivery was delayed for a reason caused by the buyer, from the date that delivery should have taken place.
If a third party makes a claim against COBS AB or the buyer for compensation for a damage or loss as stated in this item the other party must immediately be notified of this
- Over and above the stipulations in items 8.1 to 8.9, COBS AB is not liable for any defects in the goods
- Over and above what is stipulated in this agreement regarding damages, neither party shall be entitled to any damages. This applies to both direct and consequential damages.
- If implementation of any of the commitments of the parties to this agreement be rendered more difficult or be prevented by any circumstance beyond the control of the parties, such as labor conflict, stroke of lightning, fire, war, mobilization or any other military call-up of corresponding extent, requisition, embargo, foreign currency restrictions, action by government or government agency, insurrection or civil commotion, general restrictions or shortage of propellants or transportation, goods and energy and defects or delay in deliveries from subcontractors by reason of any of the said circumstances, then this shall constitute right to time extension, release from liability to pay damages or penalty and limitation of the other party’s right to cancel the agreement.
- The provisions in item 9.1 apply irrespective of whether the cause of the delay materializes before or after execution of the agreement or whether it ought to have been foreseen.
- Should either party’s right to time extension prevail for more than three months, then the other party shall be entitled to detach himself from the agreement without right or liability to compensation.
Solvency of the parties
- Should the buyer be adjudged bankrupt, commence composition with its creditors, suspend payments or in any other way have been placed in such insolvency that the purchase price cannot be paid properly, then COBS AB shall be entitled to hold back delivery until satisfactory security shall have been forthcoming. COBS AB shall also be entitled to cancel the agreement wholly or partly unless buyer provides such security for implementation thereof.
- Should COBS AB be adjudged bankrupt, commence composition with its creditors or suspend payments and fail to provide proper security for implementation of delivery, then the buyer shall be entitled to cancel the agreement.
- Unless otherwise shall have been agreed upon, all legal issues relating to the agreement and these provisions shall be adjudged by arbitration pursuant to the Swedish Arbitration Act with application of Swedish law. The majority of the arbitrators and, failing majority, by the Chairman, shall decide the award. The arbitration tribunal shall convene in Gothenburg, Sweden.
- However, COBS AB may commence action before any court of law regarding payment of any purchase money due with interest, costs and recovery of any goods not paid for.
- Are goods incorrectly ordered and returned – return fee is 20% on the order value. Must returns be restored or adjusted before being placed into storage a labor cost of 15 EURO is added. Are goods incorrectly delivered by COBS AB or dual delivery we credit the entire invoice, inc. shipping. Credit note is printed and sent within 10 days.
- Requirements for returns A return must be followed by a detailed packing list with details of product, return reason and a copy of the invoice. Returned product shall be unused and in perfect condition and always be in their original packaging. Not met these requirements, deductions will be made in connection with the credit invoice