1. Contractual Basis
The following sales and delivery terms shall apply to all orders placed by a Customer and shall apply to all deliveries consequently made by Eightmood of Sweden AB hereby called ‘EOS’, Södra Industrigatan 10, 274 30 Skurup, Sweden (VAT: SE559256381001). The EOS order confirmation, the following sales & delivery terms, the Swedish Sale of Goods Act and other optional law shall apply to all EOS’s orders and delivery agreements in the below list.
2. ORDER & ORDER CONFIRMATION – DELIVERY EXTENT
Orders placed are not binding to EOS unless the same has confirmed the order by a written order confirmation. This includes orders placed by any form, such as through our B2B website, by phone or email. It is the responsibility of the customer to check that the order confirmation corresponds with the order placed. The order will be processed by EOS and sent over as soon as possible which means that all available items will be shipped immediately. Thus, when placing an order that can be shipped immediately, the customer refrains from making any changes to it. If the customer does not make any objections within the above deadline, the order confirmation shall be binding, and EOS will not be liable for any errors in the order confirmation.
3. DELIVERY & TIME OF DELIVERY
Unless otherwise expressly agreed in writing and stated in the written order confirmation, delivery shall be made DAP (Delivered at Place) for countries within the EU and DDU (Delivered Duty Unpaid) for the United Kingdom, Norway, Switzerland in accordance with existing price list. The freight cost is calculated based on the delivery address of the customer. In all other countries the deliveries will be EXW (Ex works) according to current freight rates. All deliveries are made with reference to Incoterms 2010. Price list for European countries:
Price list for European countries:
|Orders From||United Kingdom||
Orders exceeding GBP 2000 - Carriage paid
Orders exceeding EUR 2000 – Carriage paid
Orders exceeding EUR 2000 – Carriage paid
|Orders From||Germany and Denmark||
Orders exceeding EUR 1250 – Carriage paid
**The customs fee covers the issuing of documentation. Any relative import fees is the responsibility of the customer. Also, it is up to the customer to take out a transport insurance even if the shipment is arranged by EOS.
Orders exceeding SEK 10000 - Carriage paid
|Orders From||All other EU Countries, except islands||
Orders exceeding EUR 2000 – Carriage paid
|Orders From||All remaining countries and islands||
Orders from all remaining countries and islands will be delivered ex works from Sweden, based on actual freight rate after acceptance from the customer.
*For deliveries to islands you as a customer can always choose to request the delivery to be made to any port on mainland for normal shipping terms. Please let us know by making a note to your order or inform your sales agent if this is the case.
If any products on small orders and/or back orders are not suitable to be shipped as parcels, EOS reserves the right to ship these with your next delivery to avoid damaging the goods. If bulky products are to be shipped EOS will deliver them ex works from Sweden based on actual freight rate.
IMPORTANT: If you discover any breakages or shortages on the pallet, you must report this to EOS within 24 hours of receipt. Please note that any damage or missing claims will not be accepted after this period. If any visible damages on the pallet are discovered upon delivery, notes must always be made on the driver’s cargo note. If failed to do so, the claim will not be accepted.
In the case of EOS not being responsible for arranging the shipment and the delivery cannot be made at the given delivery address, EOS reserves the right to store the goods at an appropriate location and arrange the delivery at the cost and risk of the customer.
As a customer you will be informed of the estimated delivery time on your order confirmation. This delivery time is to be considered an estimation and should the time be passed, this cannot be considered a delay, and neither shall a delivery ahead of time entitle the customer any compensation. Partial deliveries may occur and will be invoiced correspondingly. Any eventual back orders shall be delivered as agreed with the customer. In the case the customer refuses a delivery or be unable to accept it on the agreed time, any costs or losses incurred by EOS, including any insurance or storage until customer has accepted delivery, shall be covered by the customer.
4. PRICES AND TERMS OF PAYMENT
The prices stipulated by EOS are done so in EUR/GBP/SEK/USD excluding VAT and for the delivery. Cost of carriage and customs fees are added separately to your invoice. If the prices on the agreed delivery are amended because of altered purchase prices, exchange rates, duties, taxes, carriages etc, EOS shall be entitled to amend the prices on the delivery up to ten (10) days prior to the agreed delivery time. All first orders taken by EOS are subject to a proforma invoice before the packing of the goods. When EOS receives the payment of this proforma, the order will be picked and dispatched immediately. EOS is entitled to hold the delivery of the order until the total proforma has been received. If the payment is not settled in full within the set date, an interest of 2% will be charged for each month commencing calculated from the due payment date until payment has been made. A payment default of the customer will be considered material breach and EOS is hence entitled to stop any other deliveries to the customer and assume no liability. The customer cannot pay for outstanding deliveries by deducting potential credit note amounts unless this is specifically agreed with EOS beforehand and confirmed in writing.
5. RETENTION OF TITLE
EOS is the rightful owner of the delivered products until payment in full from the client including any interest and cost. The customer shall therefore take any measures to protect the property belonging to EOS until the ownership has passed to the customer.
6. ORDER ANNULMENT
EOS is entitled to cancel any order in full, or partly, including goods that have been sold out and/or any back-order goods.
7. LIABILITY FOR DEFECTS AND LIMITATION
As soon as delivery has been made to the customer and under no circumstances later than seven (7) days after receipt of delivery, the customer needs to examine the products as required by proper business practice. Should any complaints regarding defects arise, this should be done in writing by email to the address email@example.com. Any return of goods needs to be previously agreed in written by EOS. Should any returns be made to EOS without written agreement these items will not be credited but instead ‘held’ at our warehouse for up to thirty (30) days, after upon the order will be cancelled, and an invoice will be made to the customer for the lost profit in full. In the event of a justified complaint made in time, EOS will be liable for a price reduction or free delivery of an equivalent new product within a reasonable deadline. However, EOS is also entitled to pay a compensation to the customer not exceeding the invoice value (excluding VAT) of the defective product. No other compensations or damages will be paid by EOS. If the customer forwards complaints regarding defects that are found not to be EOS’s fault, the customer shall reimburse any cost, such as lawyers’ fees, incurred by EOS in this respect.
8. PRODUCT LIABILITY
EOS assumes no product liability more than what is provided by Swedish law. Under no circumstances shall EOS assume liability for operating loss, loss of profit or any other indirect loss.
9. GENERAL LIMITATIONS (INCLUDING FORCE MAJEURE)
EOS assumes no liability for any operating loss, loss of profit or any other indirect loss. The advice given by EOS regarding the customer’s order shall only be considered as guidance, and EOS assumes no liability in this respect and is therefore not liable for the suitability of the product for specific purposes. In addition, EOS assumes no liability for errors in catalogues, brochures, or any other printed material, nor for any errors found in our web page material or misinterpretations of information given herein. Furthermore, the customer will accept the fact that there may be a variation between the delivered goods and the sales samples, or catalogue imagery in respect to minor deviations in color. Deviations that are a result of mass production must be accepted and tolerated. EOS is not liable for defects, delay, or any other damage caused by circumstances which could not have been expected, such as, but not limited to; acts of war, terrorism, malicious damage, fire, mobilization, import and export restrictions, strike, lockout, political unrest, pandemic events, natural events etc., and under any other circumstances that are considered force majeure under Swedish law. If any of such events are preventing the order fulfillment more than six (6) months, EOS shall be entitled to postpone the order fulfillment until the circumstances no longer exists or, if deemed necessary, be entitled to annul the order entirely or partly and assume no liability.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in respect to EOS’s trademark, design, and other intellectual property belongs exclusively to EOS. The customer’s use of these shall therefore be subject to EOS’s agreement in writing. Should this intellectual property be violated, it will be considered a material breach which entitles EOS to cancel all future deliveries and annul any unfulfilled orders. Furthermore, EOS will be entitled to put forward any general claims for breach of contract in accordance with Swedish legislation.
11. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of Sweden. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the SCC Institute). The Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply, unless the SCC Institute, considering the complexity of the case, the amount in dispute and other circumstances, determines, in its discretion, that the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the SCC Institute shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. The place of arbitration shall be Malmö, Sweden. The language to be used in the arbitral proceedings shall be English.