GENERAL TERMS OF DELIVERY
Validity
The following conditions apply unless deviations are confirmed in a written agreement between Consilium Marine AB, hereinafter called the vendor, and the
purchaser. In addition to what is stated in the following terms of sale, NL 92, including assembly NLM 84 in the Nordic countries and ECE 188 including
Addend. 92, including assembly ECE 188A, applies outside the Nordic countries.
Tenders and agreements made in conjunction with such tenders to apply, provided that the ability of the vendor either himself or via his subcontractors to
acquire the materials and other equipment needed to execute the delivery is not severely limited by circumstances outside the vendors control.
Should problems of this type arise, the vendor is entitled to cancel the agreement or extend the agreed delivery period by an appropriate period without being
obliged to pay compensation. An order confirmation from the vendor will be regarded as having been approved unless objections are raised immediately.
Price
The vendors price is based on the acquisition posts, exchange rates, customs duty, freight and insurance costs which applied on the Date the tender / order
confirmation was issued, If the prices, exchange rates or costs in question increase or if additional costs are incurred which the vendor is unable to foresee or
control The vendor is then entitled to raise the price in proportion to the increase and, if the delivery has already begun, to increase the price of those items
which have not a yet been delivered.
Terms of payment
Pre-payment or irrevocable letter of credit, unless otherwise agreed. If it has been agreed that part-deliveries are to be made and payment is delayed on any
part-delivery, the vendor is entitled to cancel the agreement for the goods which have not as yet been delivered. Should the vendor at any time during the
delivery have good reason to doubt the solvency of the customer, he is entitled to cancel the agreement.
Penalty interest
Should the purchaser fail to pay within the allotted time, penalty interest of 2% per month will be charged from the Date due together with the statutory
remainder charge. If delivery in payment causes the vendor to incur costs in the form of losses due to currency exchange, inflation or devaluation, or if
debt-collection, court-procedure or other expenses are incurred, these costs are to be borne by the purchaser.
Right of possession
Delivery is FCA warehouse (if nothing else is agreed upon). All transport takes place at the purchasers risk, unless otherwise agreed. Packaging and
forwarding are not included in the price. If the purchaser fails to fulfil his obligations within the agreed time or delays the work by adding to or changing the
order, the vendor is entitled to extend the delivery time by a period appropriate to the circumstances, unless the vendor chooses to exercise his right to cancel
the agreement.
Late deliveries entitle the purchaser to cancel the agreement, reduce the price or claim damages, but only if this has been agreed in writing.
The vendor is entitled without compensation to cancel the agreement or extend the delivery time as a result of events, which can be attributed to force majeure
such as war, mobilisation or other directives issued by the authorities in Sweden, or the countries in which the goods or parts thereof are manufactured, or to
circumstances regardless of type, which are outside the control of the vendor or his sub-contractors.
Terms of delivery
Delivery goods are to remain the property of the vendor to the degree permitted by the legislation in the purchasers country until half the sum is payable
under the contract has been paid. This right of possession includes the right to the goods in purchased or modified condition and the right to the assets or
liquid funds the purchaser may have acquired by disposing of the goods or the products made thereof. Money so received in payment by the purchaser is to
be kept in a separate account.
Guarantee
If any part of the delivered goods has a manufacturing defect, the vendor undertakes to replace, repair or revise the defective part within a reasonable time
when he so chooses and free of charge. This guarantee does not include costs associated with travelling or waiting times or travelling or living expenses.
The vendor is only responsible for defects, which are discovered during a period of 12 months after installation and a maximum of 18 months after delivery.
The vendor is to be notified of defects the moment the defect is discovered or should have been discovered.
Claim for damages
The vendor reserves the right to make charges for damage, expenses and the loss of profit caused by the cancellation or order. The vendor is not
responsible for any direct or indirect damage, regardless of type, which may be incurred by the purchaser as a result of the late delivery of or failure to
delivery goods. Nor will any fines be paid, unless this has been specifically agreed in writing.
Copyright
The purchaser is responsible for any breach of third-party rights related to patents, registered designs or the like both following the delivery of drawings, models
or other prototypes and in this cases in which a supplier undertakes design work.
Disputes
Disputes relating to this agreement are to be settled by an arbitration board in accordance with Swedish law. Arbitration is to take place in Stockholm in Sweden.
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Return of goods - general rules and information
On return of goods to the vendor the goods must always be marked with Name of vessel, Purchaser's order no, Shipper's address, Reference at
vendor and Actions required by vendor. In addition hereto
- Returned goods originating from the original system delivery must also be marked with Claim number, Yard and Hull number and Vendors
reference number "SG-number" (this four digit number can be found on a label on the inside of the door of the main central cabinet/panel).
- Returned spare parts must also be marked with Vendor's order number.
All goods not properly marked will be returned to the sender at senders cost.
Claimed goods that are mechanically broken or dirty will not be accepted as a claim. All parts included in the original unit have to be returned, i.e.
cable glands, glasses etc or it will not be accepted as a claim.
Unused spare parts or other items must be returned to vendor in their unbroken original packaging to be credited by vendor. The credit value is
75% of the original purchase value of each item.
Summary of Contents for Salwico CS4000
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