Only the terms set out in this document shall constitute the contract between the Buyer and:
Telecom Easy Scandinavia AB
Ôstra Farmvägen 15B,
212 16 Malmö
Phone no. +46 40 948412
Fax no. +46 40 948411
(Referred here-in as Seller) regarding sale of equipment from Seller to Buyer.
Delivery of the equipment shall be affected when the equipment is turned over to the Buyer at the place of delivery. Until delivery, the equipment shall be at the risk of the Seller in all respects.
Property of the equipment
The property of the equipment shall pass to the Buyer when, and only when payment in full has been received by Seller.
Test and Maintenance
The Buyer will undertake at its own expense test and commissioning of the equipment. The Buyer shall at its own expense be fully responsible for all maintenance, service, software and upgrade agreements required for the use of the equipment after delivery.
Warranty and notification of defects
Telecom Easy warrants that the equipment will correspond with its specification at the time of delivery and will be free from defects for a period of 30 days from delivery. The Buyer is obliged to examine the equipment promptly on receipt and notification of any defects can only be made in writing and not later than 30 days upon receipt of the equipment.
Handling of defects and incorrect delivery
In case defects or incorrect deliveries are identified through the warranty period, the Buyer is obliged to ship the parts in question to the destination of repair or replacement pointed out by Telecom Easy.
After receipt of the parts, Telecom Easy has 30 days to repair or replace and ship back the parts in question. If Telecom Easy is not able to do so, the order of the parts in question is cancelled and buyer will have the paid amount returned excl. shipping and transaction costs. Shipping costs for the return of defect parts is covered by the seller, Telecom Easy.
The following circumstances result in exemption from liability when occurring after the conclusion of the contract and preventing its fulfillment:
Labor disputes , strikes, lockouts and any other circumstance on which the parties have no influence such as fire, war, mobilization, unforeseen military calling-up, sabotage acts, requisition, impounding currency restrictions, import and export prohibition, rising, weather disturbances, lack of working plants, general lack of goods, restrictions in the means of motive power, and lack of deliveries from subcontractors or delay in such deliveries as described in any of the circumstances in this clause.
Telecom Easy is entitled to inform the Buyer in writing that the contract is cancelled when a fulfillment hereof in reasonable time is impossible due to one or more of the circumstances stated in this clause.
In relation to the Buyer, Telecom Easy is not liable to damage on chattels personal or real property, just as Telecom Easy is not liable to any loss of profits, lost wages or any other indirect or diverted loss caused by the circumstances stated in this clause.
Telecom Easy warrants that the equipment in question is sold free of all encumbrances, liens, charges and claims whatsoever.
Upon the passing over of the risk of the equipment to the Buyer, Telecom Easy shall bear no responsibility for shortcomings, apart from the liabilities set out in this clause. Upon passing over the risk, the Buyer is not entitled to cancel the contract, claim damages or sustain any other claim of non-fulfillment.
Telecom Easy clearly disclaims responsibility for any direct and indirect losses such as consequential loss, loss of time, loss of profits or the like that any shortcomings, defects or non-fulfillments may have caused the Buyer.
The contract will not be assignable by the Buyer without Telecom Easy´s written consent, which Telecom Easy shall be entitled to its discretion to refuse.
Settlement of disputes
For sales to customers in Sweden any dispute between the two parties shall be settled at the appropriate Swedish Court notwithstanding that the nature of the dispute may be a High Court case.
For sales to foreign customers any dispute shall be settled in accordance with the rules and regulations of the Swedish jurisprudence at the appropriate Court.