1.1 During the term of this Agreement MW Security AB, a corporation organized and existing under the laws of Sweden hereinafter called SELLER, undertakes to deliver Safers as of this Agreement (hereinafter referred to as “GOODS”) in accordance with the provisions as specified in this Agreement.
1.2 This Agreement is a general Agreement applicable to continuous deliveries over an unspecified period of time. This Agreement presupposes that special agreements regarding the quantity and the time of the delivery are entered into by the parties.
1.3 BUYER undertakes to keep the SELLER continuously informed of all relevant circumstances, which may be of importance to SELLER regarding the delivery of GOODS in accordance with this Agreement.
2. PURCHASE ORDER AND ACCEPTANCE THEREOF
2.1 A binding Agreement of delivery of GOODS will be entered into by SELLER only through an acceptance in writing of an order received from BUYER. This provision excludes any other way of binding SELLER to an undertaking of delivering GOODS.
2.2 SELLER is neither obligated to accept the selling or delivery of a certain quantity of GOODS during the term of this Agreement nor sell or deliver at a certain frequency. Orders are dealt with as they are received, and customers are recommended to order well in advance or keep a small stock at hand. Buyer agrees that cancellation of a given order is not accepted.
3.1 SELLER undertakes to keep the agreed times of delivery at his best ability. However, SELLER is entitled to the necessary postponement of the delivery in case a delivery should be delayed due to shortage of available GOODS or due to technical circumstances, such as default of his subcontractors to deliver any material or equipment necessary for the production of GOODS or other interruptions of the production.
3.2 THE SELLER undertakes to deliver the products “ex works” in accordance with the “Incoterms 1990” issued by the International Chamber of Commerce, at the SELLER’s principal place of business the address of which is indicated in the preamble of this Agreement, during ordinary business hours.
3.3 SELLER supplies untagged GOODS and orders are always made on untagged GOODS, unless otherwise is stated in writing, SELLER will fix alarm elements at an additional expense upon a writing request from BUYER. BUYER is responsible for sending the alarm elements to the SELLER. SELLER does not guarantee the function of the alarm elements. GOODS that are ultra sound welded at the factory, must be fitted with the alarm element while in production, hence the charge for attachment is included in the price.
3.4 SELLER will only supply complete boxes.
4. LIMITATION OF LIABILITY
4.1 The risk of damage to property and injury to people or property owing to the GOODS shall lie completely with BUYER.
4.2 SELLER shall under no circumstances be held responsible for loss of productions, loss of profit or any other consequential economic loss.
4.3 BUYER shall under no circumstances be entitled to damages exceeding the agreed purchase sum of the relevant delivery due to any breach of contract on SELLER’s side.
5.1 BUYER undertakes to inspect the delivered GOODS as soon as the GOODS have been collected at the place of delivery.
5.2 BUYER shall immediately inform SELLER of any claims due to failure of the delivered goods as soon as such failure is discovered or ought to have been discovered. BUYER is not entitled to make any other claim than stated in this article.
5.3 After having received and accepted a claim from BUYER based on any failure of GOODS as stipulated above, SELLER shall to the best of his ability compensate BUYER by delivering replacement goods. SELLER may alternatively choose to compensate BUYER by a refund of the purchase sum corresponding to the quantity of failure goods or shortage, which has to be agreed in writing to be binding.
6. PRICES AND TERMS OF PAYMENT
6.1 BUYER shall purchase the GOODS at the SELLER’s export prices according to SELLER’s at the time ruling list of charges, unless otherwise is agreed in writing. The prices given by SELLER are excluding taxes or any other duties that may be applicable. These taxes and duties are to be paid by BUYER.
6.2 Payment should be made according to the terms on each invoice. If payment is not executed, SELLER is not obligated to deliver GOODS. If the time for payment has been exceeded, 1.0 % interest will be charged for each month.
6.3 The right of property of the GOODS belongs to the SELLER until full payment is executed.
7 AMENDMENTS AND LANGUAGE
7.1 Any amendment or modification of this Agreement shall be agreed upon between the parties in writing form in order to be valid. Any notices as well as other communications of this Agreement shall be carried out in English which language shall also be the official language in any dispute or any arbitration litigation.
7.2 All notices required under the terms and provisions of this Agreement shall be sent by registered mail and the notices shall be considered to have reached the other party ten days after the registration of the mail at the Post Office.
8 APPLICABLE LAW
8.1 This Agreement shall be construed in accordance with and governed by the laws of Sweden.
9. COMPETENT JURISDICTION – ARBITRATION
9.1 All matters, questions, disputes or differences whatsoever arising between the parties touching the construction, meaning, operation or effect of the Agreement or breach thereof, shall be settled by arbitration according to the rules of Arbitration Institute of the Stockholm Chamber of Commerce. The arbitration shall be conducted in Malmö. The award shall be final and binding on the parties. Judgement upon the award rendered by arbitrators may be entered in any court having jurisdiction or application may be made to such court for juridical acceptance of the award and in order to enforcement as the case may be.
MW Security launch a new Product catalogue.
Read more:on http://www.mwsecurity.se/products/