K3 Nordic – Allmänna villkor
1. Definitions and scope
K3 Nordic AB, hereafter ‘K3’, reg. no. 556492-5021, markets, sells and delivers goods and services to companies in the Nordic region in partnership with companies including Microsoft and HP.
‘Customer’ in this agreement refers to a physical or juridical person who has entered into an agreement to buy goods or services through K3 by means of an order.
These General Terms & Conditions are updated continuously. The prevailing terms and conditions can be found at www.k3nordic.com. K3 accepts no liability for any errors in printed or electronic media.
2. The Agreement, appendices and validity
Agreements may be entered into for either immediate or future delivery. If no particular time is agreed for delivery, the Agreement shall be assumed to refer to delivery as soon as possible. If the right of a contact person to order on behalf of the Customer ceases, K3 shall be informed immediately.
Through the purchase of goods or services through K3, the Customer accepts the General Terms & Conditions unless otherwise agreed. Special agreements shall not invalidate the terms and conditions in their entirety, but only specified sections.
3. Order and confirmation
Orders are mainly placed in writing, by e-mail or by phone.
In cases where the dispatched order delivery differs from what has been agreed, it shall be the responsibility of the customer to contact K3 within five working days to inform them of the error. Otherwise the order confirmation shall be deemed to reflect what has been agreed.
4. Prices and fees
K3’s prices are subject to continuous adjustment. Prices stated on printed or electronic sources apply on the date of publication, unless clearly specified otherwise. The prices then change each day.
In the event of changes in price levels from a supplier, K3 reserves the right to change its prices with immediate effect. K3 also reserves the right to debit the cost of price changes in cases where K3’s supplier has changed its price on delivery.
Freight, duty, invoice and delivery fees may also be charged.
All prices exclude value added tax (VAT) and in accordance with Incoterms EXW, freight may be charged extra in which case CPT shall apply.
5. Payment terms
The ordered product shall be paid for by invoice. The terms of payment are normally 20 days. K3 shall systematically carry out credit controls on the Customer and reserves the right if special reasons exist to impose special terms of payment or advance payment, or to demand security in order to accept orders.
Payment must be received by K3 by the due date stated on the invoice. If payment is not made before this date, K3 reserves the right to charge the Customer interest on overdue payment at 24% on a yearly basis for the time until payment is made.
In the event of a fault in the goods or delivery which has given rise to a claim, where the invoice for the said goods also refers to goods or services that have no faults, the Customer shall be obliged to pay the amount relating to the non-faulty goods or services. This shall apply in cases where part of the order is subject to return.
In cases where payment is not received by K3 on the due date, K3 reserves the right to charge a reminder fee of SEK 50 exc. VAT in Sweden, with special fees for invoices sent outside of Sweden. If payment is still not made despite the reminder, K3 reserves the right also to charge other collection-related costs.
The Customer is responsible for providing the correct delivery address when placing the order. K3 accepts no liability for goods being out of stock, or being unable to deliver because it is discontinued. In this case the Customer shall be offered an equivalent product if possible. Owing to its dependency on its own suppliers, K3 is unable to guarantee delivery times. If a delivery date is stated on an order confirmation or other communication, it should only be considered an estimated delivery date.
The Customer is responsible for filing a claim for errors in delivery, such as the incorrect quantity or damaged goods, within five working days. If the Customer neglects to inform K3 of errors in delivery, K3 reserves the right to demand remuneration from the Customer for additional costs caused by the Customer’s omission.
7. Claims and returns
In the event of a claim or return, the Customer shall always contact K3 as soon as possible.
The guarantee terms of the relevant producer shall apply. The Customer shall never have better rights over K3 than K3 has over its supplier. If the product has a fault that warrants a guarantee claim, K3 reserves the right to rectify the fault by repair or by providing an equivalent replacement product. In the event of a claim, the Customer shall contact K3 and state the order number, the product serial number and the reason for making a guarantee claim.
K3 does not offer a cooling-off period. If the order is placed by a private individual, the Customer shall have a 14-day right of sale or return, in accordance with the Distance and Doorstep Sales Act.
In special cases, a return may be accepted following consideration by K3. K3 reserves the right in these cases to charge a special cancellation fee of 15% of the order value, but a minimum of SEK 500. When a cancellation fee is charged, it must be paid before the purchase is cancelled.
8. Force Majeure
K3 shall not be responsible for damage arising from government decision, subcontractor error or range limitation, war, strike, insurrection, riot, fire or any other similar event which is due to circumstances beyond K3’s control and which could only be dealt with at an abnormally high cost.
9. Limitation of liability, and disputes
K3 shall be responsible for material damage caused by the negligence of its own employees. This liability is restricted to SEK 10,000,000. K3’s liability in a claim shall otherwise be restricted to the value of the product or service in question.
K3 shall be responsible for direct costs caused by the above, but not indirect costs such as loss of income.
In the event of a dispute, both parties shall strive for a positive solution. If the dispute cannot be resolved, the court of first instance shall be Örebro District Court and Swedish law as prevailing law.
10. Customer data
On entering into an agreement, K3 Nordic AB will register data about the Customer to enable them to use the Service and to enable K3 Nordic AB to fulfil commitments as per the Agreement entered into and existing legislation. By entering into this Agreement, the Customer gives consent for K3 Nordic AB, irrespective of media, to process and save data linked to the agreement for marketing and communication purposes.