| Terms of purchase
TERMS AND CONDITIONS
1. General
a) These terms and conditions apply to the products Crom Marine AB provides, unless otherwise specifically agreed in writing between the customer and Crom Marine AB.
b) When selling to private consumers, Crom Marine AB apply the mandatory regulations imposed by applicable law.
2. Order
An order for products from Crom Marine AB shall be placed via e-mail, www.crommarine.com, letter, telephone or fax. For an order to be binding for Crom Marine AB, the order shall have been confirmed in writing by Crom Marine AB prior to delivery, called the confirmation day. This means that if a product no longer is available in the Crom Marine AB assortment or with reasonable effort obtainable Crom Marine AB is not liable to supply that product, regardless if the customer ordered it the as stated above.
3. Delivery and shipping
a) Delivery Date is the date on which the product leaves Crom Marine AB's stock. If the customer doesnt pick up or receive the product on time, the delivery date is the date on which the product was available for collection at Crom Marine AB. The risk of the product passes to the customer on the delivery day.
b) Unless otherwise agreed, delivery is made from Crom Marine AB's stock in Sweden. Crom Marine AB provides upon request of the customer transport including transport insurance and selects the most appropriate mode of transport by the order placed by the customer. If Crom Marine AB provides transport, the customer pays Crom Marine ABīs expenses related to transport, unless otherwise agreed in writing.
4. Delivery Delay
The Customer may by written notice to Crom Marine AB cancel the contract in respect of items with a delivery delay due to Crom Marine AB or any relationship at Crom Marine AB side that lasts more than 45 days.
5. Price and payment
a) On Crom Marine's website, in its catalogues and price sheets, where prices and charges are noted they are exclusive of VAT and other taxes and levies, unless otherwise specified, and also excluding any shipping or postage costs, which are paid according to Crom Marine AB current price list on the day of delivery.
b) Crom Marine AB reserves the right at any time up until the order is sent to the customer to adjust under Section 5.1 of the prices stated, provided that the customer is notified. The customer has the right to cancel the purchase in writing in accordance with Clause 8 below.
c) Unless Crom Marine AB in writing provides otherwise, the customer shall pay cash on delivery. When ordering from Crom Marine AB's website Crom Marine AB also provides the opportunity to direct payment through online banking, and payment with VISA and MasterCard cards. Upon specific written request and after credit check payment can also be made against invoice. Crom Marine AB issue invoice on delivery day.
6. Delay in payment
a) If the Customer does not pay on time, Crom Marine AB has right to receive interest under the law and, where appropriate, keep the delivery or part thereof.
b) If the Customer is in arrears with payments more than 30 days after Crom Marine AB asked the customer to pay the amount due, Crom Marine AB may by written notice to the customer cancel the contract in whole or in part. If Crom Marine AB decides to cancel the contract Crom Marine AB is also entitled to damages.
7. Ownership reservation
The products remain Crom Marine ABīs property until they have been fully paid and the Customer shall in the mean time care for the product in the best possible way.
8. Returns and Refunds
a) The Customer has the right to return the product only if such product is in Crom Marine AB stocks. For products Crom Marine AB does not hold stock or product Crom Marine AB stocks but are specially designed for the customer, there is no right of return. Returns must be made within 10 days from the date of delivery provided that the product is returned to Crom Marine AB in undamaged and unused condition in original packaging. Customers wishing to return products must first contact Crom Marine AB and thereby obtain a return number. The return number is then valid for 10 days from receipt. When returning the product the return number provided and a copy of the invoice and / or receipt of payment shall be attached. Note that receiving a return number does not in any way constitute an approved return of the product. The return is approved only after Crom Marine AB received and checked the item and found it to be sent in accordance with the above conditions. It is the responsibility of the customer to arrange and pay for the cost of return shipping. For the refund and / or credit Crom Marine AB also deducts shipping costs and a general management fee amounting to SEK 375 in the event that the value of the product exceeds SEK 1,000 excluding VAT. Return shipping is at the Customers risk.
b) It is the responsibility of the customer to check the products received immediately upon reception to uncover any deficiencies or faults. Should the Customer find through its investigation that the product is defective or faulty shall the customer make a complaint in writing within 10 days from the date of delivery. If Crom Marine AB do not receive such claim the Customer is deemed to have accepted the condition that the product is delivered in.
c) the private consumer right of withdrawal for distance contracts the private consumer have in the way law on protection of consumers in respect of distance contracts etc specifies, in certain cases the right to cancel a purchase, by to Crom Marine AB submit or send a message to this effect within 14 days of the day the consumer received the goods or a substantial part of it. Return policy only applies if the goods along with the original packaging are essentially unchanged. The item with the original packaging must be returned in the same condition as when it was received by the customer. The gods shall be sent to Crom Marine AB with order form, invoice or receipt and note with a valid return number. Otherwise, the purchase can not be identified by Crom Marine AB.
If a private consumer wishes to exercise the right of withdrawal they shall consult Crom Marine AB's customer service by fax: + 46-8-731 67 59, e-mail: crom@crommarine.com or by phone: +46-8-731 67 50 and provide the order or invoice number to obtain a return number. The return number is then valid for 14 days, during which time the goods at the customer's expense must be received by Crom Marine AB. If the return shipping is not paid by the customer it will be deducted from the customers refund. For more information on the Act see also the distance agreement act. The right of withdrawal does not apply to businesses.
9. Warranty
The products are supplied with the guarantees that manufacturers offer Crom Marine AB from time to time. The Customer can not derive any additional product warranty from Crom Marine AB. The warranty period is not extended as results of Crom Marine AB rectifying faults or re-delivery of the products.
10. Liability for defects
a) Crom Marine AB is obliged under the terms below and with the urgency the circumstances require, at its own expense, rectify defects in the product if it does not meet the agreed specification.
b) Crom Marine AB is not liable for errors that are not relevant for the intended use and that does not inconvenience the Customer.
c) Crom Marine AB is not liable for:
i defects caused by use of the products with other equipment or accessories in a way that affects its function;
ii. Errors caused by the Customer by changes to or interference with the products which are not in accordance with Crom Marine AB instructions;
iii. defects caused by use of the products in a manner other than that described in the user documentation or through the negligence of the customer, his staff or third parties, or by circumstances outside of Crom Marine AB control;
iv. Normal operational maintenance such as alignment, normal wear and tear or replacement of consumable items required.
d) Crom Marine AB is responsible only for defects that are highlighted within one year from the date of delivery.
e) If the customer has notified a warranty fault but it turns out to be no errors Crom Marine AB has the right to claim that the customer shall fully reimburse Crom Marine AB under Crom Marine ABīs current price list.
f) Crom Marine AB's liability is limited to the above stated, unless there is a case of gross negligence. The Customer can not make any other claims against Crom Marine AB due to error.
11. Limitation of Liability
a) Should liability arise for Crom Marine AB according to the present general conditions shall, unless intent or gross negligence, the liability be limited to an amount equivalent to the purchase price of the product or products the liability is based on.
b) Crom Marine AB's responsibility includes only direct losses. Crom Marine ABīs liability does not cover indirect losses such as loss of business or damages Crom Marine AB could not reasonably have foreseen when the agreement was concluded and the consequences of which Crom Marine could not reasonably have avoided or overcome.
12. Transfer of the agreement
a) Crom Marine AB may, without the customer's consent, transfer the right to receive payment according to the terms and conditions.
b) The present terms and conditions may not otherwise be transferred without the other's consent.
13. Arbitration
Disputes concerning the interpretation or application of these terms and conditions shall be settled by arbitration in accordance with Swedish law. If the dispute, the value of the claim clearly does not exceed ten times the time of initiation of arbitration, the applicable base amount under the Act (1962:381) insurance dispute shall be settled by a single arbitrator who on request of the parties is appointed by the Stockholm Chamber of Commerce.
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