Terms and conditions of delivery

Return and Refund Policy

– All goods purchased and delivered by Transmotec can be returned within 30 days after they have been received. This applies to both unused goods or any defective goods.

– Returned goods and return costs are reimbursed at total purchase cost including shipping within five working days of receipt. Compensation can be obtained by credit card repayment or bank transfer. Compensation can also be obtained by replacement product/products at an equivalent cost. The above by agreement with us.

– Unused items returned must be returned in their original condition, marking and packaging. However, this requirement does not apply to defective goods.

– Goods can be returned without return or approval from Transmotec but must contain information that enables us to track the purchase. For example, our order number, copy of purchase document or correspondence with us.

– For questions about returns please contact us email inquiry@transmotec.com or call for USA 339 234 9200 Europe +46 8 792 35 30

General terms and conditions of delivery IML 2009 Adopted 2008 by the IM Association – The industrial association of suppliers of products and services within electronics and automation
Applicability
1.

These general terms and conditions of delivery provisions shall apply to the extent that they are not amended by written agreement between the parties. In the absence of written confirmation in connection with conclusion of this contract, statements and information will not override what is prescribed in the terms and conditions of delivery or otherwise be relevant for the determination of the content of the contract. These terms and conditions do not apply to the software included in the delivery to the extent that special conditions apply for the software.

Drawings and descriptions
2.
All information regarding weight, dimensions, capacity, price, technical and other data in catalogues, prospectuses, circulars, advertisements, image materials and price lists are approximate. Such information is only binding to the extent that it is referred to explicitly in the contract.
3.
Unless otherwise agreed, all drawings and technical documents provided by the vendor for manufacture of the product, or part of the product, remain the property of the vendor. They may not be used by the purchaser or copied, reproduced, loaned or in any other way be disclosed to a third party without the vendor’s permission.
4.
All drawings and technical documents for manufacture of the product, or part thereof, that are given by the purchaser to the vendor remain the property of the purchaser. They may not, without the consent of the vendor, be used, copied, reproduced, loaned, or in any other way disclosed to a third party.
Sekretess
5.
Information about matters – including technical information and relationships to customers and other commercial contacts – knowledge of which has been acquired on the basis of the cooperation between the parties must, to the extent that they are not in the public domain, be disclosed to any third party by the provision of documents or in any other way other than what is necessary to meet the obligations of the party or the interests of the contract. Parties must ensure that this obligation to confidentiality is respected through non-disclosure agreements with staff or other appropriate measures. This obligation applies even after the contract has been completed or has been terminated.
Packaging
6.
The prices stated in price lists and catalogues refer to unpackaged goods.
Delivery tests
7.
Agreed delivery tests must be conducted in the vendor’s factory in normal working hours unless otherwise agreed. If the technical specifications for the test are not specified in the contract, the test must be conducted in accordance with the standards generally applicable in the relevant industrial sector in the country in which the product is manufactured.
8.
The vendor must inform the purchaser of the delivery test in sufficient time for a representative of the purchaser to be present. If the purchaser is not present at the test, the vendor must provide the purchaser with the test protocol, which will make up a binding proof of the results of the test.
9.
If, following the delivery test, the product is not found to be in conformance with the contract, the vendor must ensure that the product is brought into agreement with the contract promptly. If the purchaser so requests, a new test must then be performed. If the non-conformance has been insignificant, a new test cannot be requested.
10.
The vendor shall bear all the costs for delivery tests that are conducted in its factory. The purchaser is responsible for their own costs such as travel and per diem for the employee appointed by them to attend the test.
Delivery and delivery times
11.
Delivery is free of charge from the vendor’s warehouse. Delivery times will be calculated from the latest of the following times:

(a) the day before the contract is completed;

(b) the day that the vendor receives notification of any necessary licenses or other permits;

(c) the day that the vendor receives the payment prescribed in the contract that must be paid before manufacture begins;

(d) the day that the vendor receives all technical data and instructions necessary for the delivery.

If the vendor finds that the agreed delivery time cannot be met or delay on its side is likely, he should without delay communicate in writing to the purchaser, specifying the reason for the delay and as far as possible indicate the time when the delivery is estimated to take place.

12.
If the delivery time indicated in the contract is only approximate, each party, at the end of two-thirds of the time set, must request the other party in writing to agree a specific time. If the agreement does not specify any delivery time, each party, six months after the conclusion of the contract must submit such a request as referred to in the previous section. Such specified time must apply as if it were a delivery time specified in the contract.
13.
If delivery is prevented or made more difficult due to any of the items specified in section 34, or by the purchaser’s actions or omissions, the delivery time will be extended to the equivalent extent. This provision shall apply regardless of whether the circumstance in question occurs before or after the end of the agreed time of delivery.
14.
If the vendor does not deliver the product within the time of delivery or within the extended time specified in section 13, the purchaser is entitled to a penalty payment, as long as with regard to the circumstances of the case it may reasonably be assumed that the vendor has caused the damage and the purchaser has submitted the penalty claim immediately after the delay has occurred. The following percentages, or maximizing shall apply to the above-mentioned penalty:
0.5 % per week of that part of the agreed purchase price relating to the part of the products that, as a result of the delay cannot be put to its intended purpose. If the amount on which the penalty shall be calculated exceeds SEK 500,000, the penalty on the excess is 0.25 % per week. The penalty, which is calculated for each full week that the delay lasts, calculated from the date on which the product should have been deliverer, cannot exceed 7.5% of the part of the purchase price that refers to that part of the product that can be put to its intended use. Subject to the provisions of section 16 the purchaser’s right to a penalty any other sanctions in respect of the vendor’s delayin delivering the product.
15.
If the purchaser is entitled to the maximum penalty provided for in section 14, it is entitled to cancel the contract with regard to that part of the product on which the maximum penalty has been calculated, if it in writing required the delivery and notified of its intention to cancel the purchase if delivery does not take place within a specified reasonable time limit and the vendor does not deliver the goods before the expiry of the notice period. The purchaser is also entitled to cancel the purchase with regard to parts that have already been delivered even though the cancellation right does not apply because the part cannot obviously be used for intended purpose, and the vendor understands, or should have understood, this.
16.
If the purchaser cancels the purchase, or parts thereof, pursuant to section 15, it is entitled, within the limitations described in sections 37-39, to compensation for added costs due to the compensation delivery (compensation for price difference) or for such costs that may arise if it decides not to acquire another product instead.
17.
If the purchaser considers that the it will not be able to receive the product on the set date, it must communicate without delay in writing with the vendor, specifying the reason for the delay and, as far as possible specify a time at which receipt can take place. If the purchaser does not receive the goods on the set date, it is still obliged to make payment in the same way as would have been the case if the goods had been delivered.
18.
19.
If the purchaser does not receive the goods within the agreed time, it is responsible for the risk of destruction of the goods and is obliged to pay the vendor for costs arising from care, storage or insurance of the goods. If the vendor cancels the contract in accordance with section 18, it is entitled to compensation from the purchaser at a price that is equivalent to the purchase price with deduction of the amount that the vendor can save by not completing the delivery to the purchaser. In this context it is assumed that the vendor if possible will attempt to sell the product to another person.
Prices and payment
20.
Unless otherwise agreed, the vendor is entitled to compensation for price increases on the basis of taxes, public charges or exchange rate changes following the quotation date. If the agreed delivery time because of agreement about this or in accordance with section 13, is extended by more than six months, the vendor is not bound by the agreed price, but is entitled to a fair and reasonable price which in this case is determined by reference to the price generally applied on the delivery date.
21.
Payment shall be made no later than thirty days after the invoice date. If the purchaser does not make payment at the correct time, the vendor is entitled to the statutory interest on late payment. If the purchaser, for reasons other than those specified in section 34, has not paid the amount due, the vendor is entitled to notify the purchaser in writing that it is canceling the contract and claim compensation from the purchaser in the same way as specified in section 19, second paragraph.
Reclamation conditions
22.
If it can be assumed that the purchaser will not fulfill its commitments correctly under the contract, or if the vendor cancels the contract, the vendor is entitled to reclaim goods that can still legally be reclaimed. Until the product is fully paid, the purchaser is not entitled to dispose of it without the vendor’s written permission in such a way that the vendor’s right to reclaim it is compromised. Acceptance or other commercial actions are not regarded as payment, until it is completely settled.
Responsibility for faults
23.
The vendor undertakes, in accordance with sections 24-32 to remedy all deficiencies in design, materials or manufacture that occur.
24.
The purchaser must inspect the product as soon as possible after arrival If there are any grounds to suspect that faults in the product may entail risk of injury, a written complaint must be lodged immediately. The vendor’s liability only concerns faults that the purchaser reports in writing within 15 days of the fault being found, or should have been found, and no later than one year from the agreed date of delivery, or a later date when the vendor had fulfilled its obligations under the contracts delivery clause.
25.
Exchanged or modified goods that are delivered are under warrant under the same terms and conditions applicable to the original product for a period of three months. This provision does not apply to the other parts of the product, for which the warranty period only is extended by the time during which the product has been impossible to use due to faults specified in section 23.
26.
Having received a written notification of a fault from the purchaser, as specified in section 23, the vendor must remedy the fault with all diligence and – with the exception of that specified in section 27 – at its own expense. The purchaser must send the part that has suffered failure to the vendor, as specified in section 23, unless the vendor finds it suitable to perform the repair at the purchaser’s site. When the vendor delivers the product appropriately repaired or replaced to the purchaser, the vendor shall be deemed to have fulfilled its obligations under this section with respect to the faulty component. If the vendor, instead of remedying the fault, refunds the purchase price, the purchaser must return the product in substantially unchanged or undiminished condition or, if this is not possible in the settlement of the purchase price, pay the vendor an amount that corresponds to the value of that which is retained. The amount that the vendor shall repay to the purchaser will be reduced by compensation that is reasonably paid by the purchaser for return and use of the product as well as an amount corresponding to the product’s decrease in value.
27.
The purchaser must pay the costs and carry the risk of transport of faulty parts to the vendor, while the vendor must pay the costs and carry the risk for transport of delivered or repaired exchange parts to the destination specified in the contract or – if not so specified – to the delivery location. If the vendor performs, as specified in section 26, the repair at the purchaser’s site, it must pay travel costs and allowances concerning travel and working hours for the vendor’s personnel.
28.
Faulty parts that are exchanged in accordance with section 23, must be put at the disposal of the vendor.
29.

If the vendor, despite requests, does not fulfil its obligations as laid down in paragraph 26 within a reasonable period of time, the purchaser is entitled to perform necessary repairs, or have a new product manufactured at the vendor’s expense, under the condition that it thereby exercises discretion, or if the fault is important to the purchaser and the vendor understands, or should understand that, in canceling the contract with regard to that part of the product that as a result of the vendor’s failure to act, cannot be put to its intended use. In such a case, the settlement must take place in accordance with section 26, paragraph 3- The vendor’s obligation to perform itself the actions stated in section 26, and to compensate the purchaser in accordance with the present section is limited to a cost that in total represents 15 per cent of the price of the product.

30.
The vendor’s liability does not extend to faults that are caused by materials supplied by, or specified in the design by, the purchaser.
31.
Independently of what is stated in sections 23-30, the vendor’s liability does not extend beyond 15 months from the beginning of the original warranty period.
32.
The vendor’s liability relates only to errors that occur under the working conditions assumed in the contract and under normal use. It does not include faults caused by inadequate maintenance or incorrect installation by the buyer, changes without the vendor’s written consent, improperly perform repairs by the purchaser, normal wear or deterioration. The vendor has no responsibility for faults in addition to those described in sections 23 – 31. This applies to every loss that the fault can cause, for example, loss of production, loss of profits and other financial consequential losses.
Product liability
33.
The purchaser must indemnify the vendor to the extent that the vendor is held liable to a third part for such damages or loss for which the vendor is not responsible to the purchaser pursuant to the second and third paragraphs of this section. The vendor is not responsible for damage that the product causes a) to fixed or movable property or the consequences of such damage if the damage occurs when the product is in the possession of the purchaser or b) to products obtained by the purchaser or to products in which the purchaser’s products are included. The limits stated to the liability of the vendor do not apply if it has been guilty of gross negligence. If a third-party lodges a claim against the vendor or the purchaser for compensation for damage or loss referred to in this paragraph, the other party must immediately be informed in writing accordingly. The vendor and the purchaser are obliged to allow themselves to be summoned to the court or arbitration that deals with the claim against either one of them if the claim is based on damage or loss allegedly caused by the delivered goods. Internal issues between the vendor and purchaser must, however, always be decided in the manner specified in section 42.
Release from the obligation to perform
34.
If adherence to the terms of the Agreement is prevented or hampered by any circumstance – such as war, intervention by the public authorities, civil disturbances, restrictions on energy supply, labor market disturbances, prohibitions, restrictions and the loss of authorization, accidents, adverse transport or weather conditions or lack of deliveries from suppliers – that a party cannot reasonably have foreseen at the time of the conclusion of the contract and the consequences of which it has not been able to avoid or overcome, it will accordingly be released from its obligation to deliver or receive the product as agreed.
35.
If such circumstances as specified in section 34 occur, the party concerned must inform the other party in writing without undue delay.
36.
In addition to the purchaser’s right to cancel the contract due to delay in delivery under section 15 and the vendor’s right to rescind the contract on the basis of the purchaser’s failure to receive the product under section 18 or to pay for it in accordance with section 21, each party, if the performance of the contract is made impossible for a period of six months because of such circumstance referred to in section 34, is entitled to terminate the agreement by giving written notice to the other party.
Limitation of liability
37.
If, under these provisions, there are circumstances leading to liability by party, damages can only be paid for such damage which, at the time of conclusion of the contract, could reasonably be foreseen as a typical result of these circumstances, and with the restrictions specified in sections 38 and 39.
38.
It is the responsibility of the party claiming breach of contract to undertake reasonable measures to limit occurring damage If such measures are not undertaken, damages that otherwise would be paid may be reduced, adjusted or be completely removed.
39.
The total amount that the vendor may be required to pay to the purchaser due to the purchase, is limited to an amount equivalent to 15 per cent of the price of the product, and no greater than 10 baseline amounts pursuant to the General Insurance Act (SFS 1962:381)
Statute of limitation
40.
40. Claims against the vendor will lapse if court or arbitration proceedings under section 42 do not commence within two years from the submission.
Export and import licenses, prohibition against re-export m.m.
41.
The purchaser undertakes:

(a) to the required extent to contribute to the obtaining of export or import licenses for the purchased product and to provide in all respects true and complete information

(b) ) in the event of re-export of the product or any other product in which the purchased goods are wholly or partially included, to obtain the necessary authorization and comply with the provisions in force

(c), in the event of sale of the product impose upon the subsequent purchaser the same obligations as borne by the purchaser in accordance with (b) above.

Court case and arbitration
42.
The vendor’s claim for the purchase price shall in the case of omitted payment be recovered by the application for payment proceedings and settlement of disputes relating to less than 10 base amounts, pursuant to the General Insurance Act (SFS 1962:381) and shall be determined in the ordinary courts. Other disputes arising from the agreement must not be subject to court proceedings through the statement of claim, counterclaim or offsetting claims but shall be determined by arbitrators in accordance with the applicable Arbitration Act and with the application of Swedish law.