1.1 - Nivator Instrument AB, org. no. 556472-1040, ("Nivator") conducts sales of basic Z-FIX equipment - among other products - on the website Nivator.com.
1.2 - These general terms and conditions ("General Terms") apply to all purchases on Nivator.com, where the customer ("Customer") intends to use the acquired products ("Products") primarily for and through business (B2B). The General Terms and Conditions are applicable from and including the date indicated above and replaces, where applicable, previously published general terms and conditions by Nivator. The General Terms and Conditions shall, together with the Customer's order and the order confirmation, constitute the agreement between Nivator and the Customer ("Agreement").
2.1 - An order placed on Nivator.com is binding. After completing the purchase, the Customer receives an order confirmation.
2.2 - Product information and prices are provided with reservation for printing and typing errors, increases in suppliers' prices, possibly incorrectly stated technical specifications, etc. as well as for EOL.
Product prices can be seen from Nivator.com. The prices are stated in SEK and exclude VAT. Costs for shipping and payment options may be added, read more under points 4 and 5.
4.1 - Payment must be made against an invoice with a 30-day payment period from the invoice date.
5.1 - Nivator provides various delivery options. Delivery options for the current order and delivery cost and date of delivery are shown for each order. Nivator does not guarantee that all delivery options are possible for all addresses and/or Products.
5.2 - All products sold on Nivator.com are intended for immediate delivery (according to the delivery times specified for each order) and the Customer does not have the right to demand delivery at another time.
5.3 - When ordering several Products, these may be delivered continuously at different times.
5.4 - The risk for the Product passes to the Customer (i) in case of drop shipping; when the Product has been handed over to the Customer from a forwarder or carrier employed by Nivator, (ii) upon delivery to a store or postal agent; when the Product has been picked up in the store, or (iii) upon delivery with installation; after signed self-inspection.
5.5 - For untried packages at stores or postal agents as well as for deliveries that could not be completed due to circumstances attributable to the Customer, Nivator has the right to charge the Customer 20% of the Products' value. However, in the event that Nivator's actual administration and overhead costs, including but not limited to Nivator's actual cost for return shipping, amount to a higher amount, Nivator is entitled to full compensation for the amount in question.
6.1 - Nivator reserves the right of ownership to the sold Products until the Customer has fulfilled all his obligations according to this Agreement and made full payment for the Products. It is prohibited for the Customer to sell, pledge or otherwise dispose of the Products, before ownership has completely passed to the Customer.
7.1 - The customer must check the Product upon reception and in doing so check whether the packaging and/or Product has a visible defect ("Transport damage"). Any transport damage shall be noted on the waybill or reported to Nivator.
7.2 - Before the Product is put into operation, the Customer must carefully examine and check it. In the event that the Customer has any comments on the condition of the Product, the Customer must immediately, and at the latest within fourteen (14) days from delivery, notify Nivator (info@nivator.com) of such error or deficiency.
7.3 - Nivator is not responsible for such errors or deficiencies which the Customer should have discovered during inspection according to clause 7 but which were not noted on the waybill in accordance with clause 7.1 or which the Customer did not inform Nivator about within the time prescribed in clause 7.2.
8.1 - With the limitations that follow from this Agreement, Nivator is responsible for provided guarantees and/or quality requirements or other errors in the Product ("Problems").
8.2 - The Customer must immediately, but at the latest within fourteen (14) days from when the Customer became aware of the Problem, report the Problem to Nivator ("Complaint").
9.1 - If there is a Problem for which Nivator is responsible, Nivator shall, at its own discretion, remedy the Problem by means of repair, redelivery or price reduction.
9.2 - Nivator's liability according to this Agreement shall not apply in the event that the Customer used the Product in violation of product terms, instructions for use, assembly instructions or Nivator's at any time provided instructions for use. In addition, Nivator is not responsible for the Product's compatibility with other products, with the exception of what is expressly stated by Nivator or which appears in product terms and conditions provided by Nivator.
9.3 - Nivator's liability according to this Agreement is under all circumstances limited to direct damages and Nivator is not liable in any case for indirect damages that may affect the Customer. Nivator's liability is also limited to a total maximum amount corresponding to the price of the Product.
Nivator is not responsible for damage caused by the Product to persons, real or movable property or the consequences of such damage, with the exception of such liability arising from mandatory legislation.
11.1 - All intellectual property rights regarding the Product belong to Nivator.
11.2 - The customer undertakes not to, on his own or through others, directly or indirectly, attempt to register, use or infringe on, transfer, assign or in any other way appropriate third-party rights of use to Nivator's and/or Nivator's subcontractors' patents, copyrights, trademarks, trade names or other intellectual property rights.
The Party is exempt from penalty for failure to fulfill certain obligations under this Agreement if the failure is based on circumstances beyond the Party's control and which significantly complicates or delays the fulfillment thereof. Such circumstance may be a change in legislation, strike, blockade, pandemic or similar spread of infection, fire, flood, or similar event. A Party that calls for relief due to such an event shall without delay notify the other Party thereof.
13.1 - This Agreement constitutes the Parties' complete settlement of all matters to which the Agreement relates. All written or oral information and statements that preceded the Agreement are replaced by the contents of this Agreement.
13.2 - Amendments and additions to this Agreement must be made in writing and signed by the Parties to be binding.
13.3 - Party may not assign its rights and obligations under this Agreement without the other Party's approval.
14.1 - This Agreement shall be interpreted in accordance with Swedish law.
14.2 - Disputes arising out of this Agreement shall be finally settled by arbitration in accordance with the Rules for Simplified Arbitration for the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of the arbitration shall be Stockholm.
14.3 - However, Nivator has the right to file a claim against the Customer for the overdue claim in a general court.
Nivator Instrument AB, org.nr. 556472-1040
Postaal address: Engelbrektsgatan 6, 702 12 Örebro
Telephone: +46 0322-633 994
Email: info@nivator.com
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