Technical information

7.5 The Company shall be under no liability under the above warranty:
7.5.1 in respect of any defect in the Equipment arising from any drawing, design
or specification supplied by the Reseller;
7.5.2 in respect of any defect arising from fair wear and tear, wilful damage,
negligence of the Reseller, abnormal working conditions, failure to properly
maintain and operate the Equipment in accordance with its specifications, failure
to follow the Company’s instructions or industry standards and practices, misuse
or alteration or repair of the Equipment without the Company’s approval or
improper storage;
7.5.3 where the Equipment is transported to the Reseller at the Reseller’s risk and
the defect occurred during transit;
7.5.4 in respect of parts, materials or Equipment not manufactured by the
Company in which case the Reseller shall only be entitled to the benefit of any
warranty or guarantee as it is given by the manufacturer to the Company.
7.6 The Company is not responsible for programming any replacement cards
issued under warranty.
7.7 The Company shall have no liability under this warranty other than under
Clause 7.3. If the Company fails to comply with its obligations under Clause 7.3 its
liability for such failure shall be limited to the price of the Equipment.
7.8 Subject to Clause 8, this express warranty is the Reseller’s sole remedy in
respect of defects in the Equipment and is in lieu of all warranties, conditions or
other terms implied by statute or common law, custom, trade, usage, course of
dealing or otherwise, all of which are excluded to the fullest extent permitted by
law.
7.9 Nothing in these Conditions shall affect the statutory rights of a Reseller who
is dealing with the Company as a consumer.
8 Liability
8.1 Except in respect of:
8.1.1 injury to or death of any person caused by the Company’s negligence;
8.1.2 the Company’s liability under the Product Liability Act (SFS 1992:18) for any
injury to or death of any person or loss of or damage to property intended for
private use caused by a defect in the Equipment;
8.1.3 breach on the part of the such interference the Company will charge for the
service at its current rates.
8.2 The Company shall not be liable for any consequential or indirect loss
suffered by the Reseller whether this arises from a breach of duty, in contract or in
tort, including negligence, or in any other way including without limitation loss of
business, goodwill or profit.
8.3 In the event that notwithstanding the provision of Clauses 7.8, 7.9, 8.1 and
8.2, the Company is found liable for any loss or damage suffered by the Reseller,
that liability should in no event exceed the amount of insurance cover the
Company has in respect of the particular liability.
9 Intellectual property/software
9.1 No intellectual property rights in or associated with the Equipment shall
pass to the Reseller as a result of the sale of the Equipment to the Reseller.
9.2 The Company endeavours not to offer for sale Equipment which infringes
known and valid patents or other intellectual property rights but shall not be liable
in any manner whatsoever to the Reseller for any costs, damages or loss of profits
arising from the use or sale of the Equipment which infringes or allegedly infringes
any patent, registered design, copyright or other intellectual property rights of any
third party.
9.3 Software embedded in the Equipment and stored in programmable read
only memory is supplied by way of irrevocable, non-exclusive licence to the
Reseller to use such software only or in respect of the Equipment. The Reseller
shall not other than as expressly permitted by these Conditions, copy, reproduce,
translate, adapt, decompile, modify, reverse engineer or disassemble any such
software. The Reseller acknowledges that the copyright and other intellectual
property rights in such software are the property of and shall remain with the
Company.
9.4 Software supplied by the Company which is not embedded in the Equipment
is licensed on the basis of a Software Licence Agreement normally provided with
each copy of that software or its handbook and the Reseller agrees to use such
software strictly in accordance with the terms of its licence.
10 Export conditions
10.1 In these Conditions “Incoterms” means the international rules for the
interpretation of trade Conditions of the International Chamber of Commerce as
in force at the date when the contract between the Company and the Reseller was
made. These Conditions shall prevail over Incoterms in the event of inconsistency
between them.
10.2 Where the Equipment is supplied for export, the provision of this Clause 10
shall apply notwithstanding any other provisions of these Conditions, subject to
any special Conditions agreed in writing between the Company and the Reseller.
10.3 Any bank or other charges on negotiable instruments in respect of export
payments shall be paid by the Reseller.
10.4 Unless otherwise specified on the order acknowledgement issued by the
Company to the Reseller for the Equipment, Incoterms ex works shall apply.
10.5 Where delivery is made fob the Company shall be under no obligation to give
notice under Section 9 of the Sale of Goods Act (SFS 1990:931).
10.6 The Reseller shall be responsible for arranging for testing and inspection of
the Equipment at the Company’s premises before shipment. The Company shall
have no liability for any defect in the Equipment, which is made after shipment or
in respect of any damage during transit.
10.7 Unless otherwise agreed in writing between the Company and the Reseller,
payment shall be made by irrevocable letter of credit opened by the Reseller
in favour of the Company and confirmed by a bank in Sweden approved by the
Company.
11 Insolvency of reseller
If the Reseller is unable to pay its debts, ceases to carry on business or becomes
bankrupt or insolvent or any steps are taken by any person with a view to its
winding up or dissolution or it enters into any composition or arrangement for
the benefit of its creditors, or any trustee, liquidator, receiver or similar officer
is appointed to it over its assets, the Company shall be entitled to cancel the
Contract or suspend any further deliveries under the Contract without any liability
to the Company and if the Equipment has been delivered but not paid for the
price shall become immediately due and payable notwithstanding any previous
agreement or arrangement to the contrary.
12 Specifications
12.1 Specifications, dimensions and other product details as stated by the
Company may be altered by the Company at any time without notice.
12.2 If the Equipment is to be manufactured or any process is to be applied to
the Equipment by the Company in accordance with a specification submitted by
the Reseller, the Reseller shall indemnify the Company against all loss, damages,
costs and expenses awarded, against or incurred by the Company in connection
with or paid or agreed to be paid by the Company in settlement of any claim or
infringement of any patent, copyright, design, trade mark or other intellectual
property right of any other person which results from the Company’s use of the
Reseller’s specification.
13 Miscellaneous
13.1 any controversy or claim of whatever nature arising out of or relating to these
conditions or breach thereof shall be governed by the laws of Sweden.
13.2 All disputes arising in connection with these Conditions or the Contract shall
be subject to the non-exclusive jurisdiction of the Swedish Courts.
13.3 The Company is a member of the group of companies whose holding
company is Bewator Group AB and accordingly the Company may perform any
of its obligations or exercise any of its rights under these Conditions by itself or
through any other member of its group, provided that any act or omission of any
such other member shall be deemed to be the act or omission of the Company.
13.4 The Company shall not be liable in any circumstances for any failure to
perform any obligations where such failure is due to industrial dispute, acts
or delays of suppliers or sub-contractors or any cause beyond the Company’s
reasonable control.
13.5 Any notice required or permitted to be given by either party to the other
under these conditions shall be in writing addressed to the other party at the
address shown on the acceptance of order or quotation of the Company or such
other address as may have been notified pursuant to this Clause to the party
giving the notice.
13.6 The failure of either party to exercise or enforce any rights under this
Agreement shall not amount to a waiver of those rights.
13.7 The illegality or invalidity of any part of these Conditions shall not affect the
legality or validity of the remainder of them.
CONDITIONS OF SALE
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