General customer conditions
- Scope
These conditions cover the services and products provided by Busspart Sverige AB and are applicable where agreed. Deviation from
these conditions are only valid if the parties have agreed in writing. - Prices
The Client shall pay the prices and charges under the Contract. With regard to administrative service charges and surcharges, and in cases where specific agreements on
prices and charges, Busspart’s regular price lists in force at any given time apply. In addition to the cost of the product, there is a shipping cost in
the cases where the Busspart is requested to deliver the product. All prices and charges are exclusive of VAT.
For damage carried out through the Client’s insurance company, VAT and excess costs are invoiced directly to the Client. - Payment and invoicing conditions
Unless otherwise agreed, Busspart has the right to:
continuously invoice the Client and the Client is obliged to pay the invoice within 10 days of the invoice date.
charge an invoicing fee as well as penalty interest and a reminder fee in accordance with the law.
transfer the invoice to a third party.
Inaccuracies in a Busspart invoice must be claimed by the due date. If the complaint is not made in time, the defect cannot be
apply to Busspart. In the event of delayed payment, the bus partner shall be entitled to suspend performance. Bus partners are not obliged to
notify the Purchaser of any such suspension of performance.
In the case of damage repairs, Busspart reserves the right to invoice the customer for spare parts before the work is completed. - Credit conditions
Busspart is entitled at any time during the duration of the credit to demand sufficient security from the Client for the credit. Busspart may say
suspend the credit with immediate effect and the outstanding debt with immediate effect if
The Client is in arrears with any payment to the Busspart
A security provided by the Client to Busspart is no longer sufficient in the opinion of Busspart.
the Customer has not provided sufficient security at Buspart’s request; or
The client has filed for or been declared bankrupt, entered into composition proceedings, suspended payments, or is otherwise likely to be
insolvent or in liquidation. - Terms of delivery
Body parts
Unless otherwise agreed, Busspart products are delivered according to Incoterms EXW. Busspart promises delivery of products within 2-5 days in Sweden
from order unless otherwise agreed. For services performed by Busspart, delivery is made according to the agreement with the Client at each
time of ordering. If delivery is delayed by more than 1 day in addition to the above, the Client will be informed at the time of ordering. In case of returns
due to incorrect orders, all shipping costs are borne by the Client. Busspart does not accept returns of painted products unless otherwise stated.
agreed.
Damage repairs and services
For standard repairs, a delivery date shall be specified at the time of ordering. In other cases, the delivery time shall be indicated when
the extent of the repair is established. If a delivery time has not been agreed upon, the contract shall be performed within a period of time which is reasonable in terms of
taking into account what is normal for a service of the same nature and scope.
In insurance matters, it is the Client’s responsibility to notify the insurance company of the nature of the claim. It is also
The client who orders the work to start.
Busspart reserves the right to start work during the delivery of spare parts, which may affect the overall delivery time.
The Bus Partner is obliged to notify the Customer’s insurance company if the cost of the damage may exceed the market value of the vehicle and may in
in these cases, do not start the work without the approval of the insurance company. However, the client can always choose to carry out the work at its own cost. - Delay in delivery
In the event of a delay in delivery, the Client shall be informed and a new delivery date shall be agreed.
If an assignment is not started, progressed or completed within the agreed time, and this is not due to any circumstance on the part of the Client’s
side, the Busspart is responsible for the delay. The client may then withhold payment as security for its claims until the contract is completed in its entirety.
and require Busspart to perform the contract or, if the delay is substantial, terminate the contract. - Ordering services and products
The client is responsible for ensuring that the correct invoicing and delivery details are clearly stated in the order. It shall indicate the paying party,
ordering party, possible payment reference, recipient and recipient’s address, and the products and quantities ordered.
General Customer Conditions Busspart 2022-01-01 2 (3)
When ordering painted products and services, the Purchaser shall also provide Busspart with color codes specifically for painting.
The client is responsible for ensuring that its representative is authorized to call for services and products from Busspart. It is therefore the responsibility of the Client to
inform the ordering party or parties of any internal thresholds and authorization rights.
Cancellations should be made promptly to minimize the impact on the parties. However, Busspart reserves the right to charge full payment for
work already started, such as painting work, freight costs, spare parts, etc.
Damage repairs
When ordering, the delivery date/time must be specified and Busspart will allocate resources on the agreed date. On those occasions when the Client
cannot attend in accordance with this agreement, Busspart reserves the right to charge a fee for this.
When ordering damage repairs against insurance companies, the Client shall also communicate the name of the insurance company, the name of the insurance company
claim number, vehicle registration number, odometer reading, date of damage and any excess cost.
- Performance of services
Busspart performs services in accordance with the Client’s order. Busspart determines the choice of materials, products and spare parts unless the Client
specifically states otherwise in their order. Busspart uses materials and methods that are fit for purpose and well proven, or according to
the vehicle manufacturer’s instructions.
If there is a need to carry out work not covered by the original contract, but which, by virtue of its connection with the contract, is
suitable to be carried out simultaneously, the Employer’s instructions shall be obtained. In cases where the Contracting Authority cannot be reached within a reasonable time, Busspart may nevertheless
carry out the additional work if the price is low in relation to the originally agreed contract or if there are particular reasons to assume that
The client wishes to have the additional work carried out. - Cost of storage of vehicles
If a repair job cannot be started, even though Busspart has fulfilled its obligations, and the nature of the damage means that
the vehicle must be stored, a storage fee is charged. In addition, a special storage fee will be charged from the first working day after
agreed delivery date or, if a specific delivery date has not been agreed, as a rule from the second working day after the Purchaser
has been notified that the vehicle is ready for delivery.
The above also applies in the event of an insurance claim. The client may be entitled to reimbursement of the cost of storage from their insurance company. - Guarantees
Body parts
Busspart provides a full warranty on all products for durability, adequate fit and finish and, in normal circumstances, deals with any possible
complaint by replacing the product complained of with a new or different product at no cost to the Customer, provided that Busspart
approved warranty/complaint.
By durability and adequate fit, Busspart means that the product is equivalent to the original product.
Finish means that the product is similar to an original product on the outside but may vary on the inside. Lacquered products are allowed to have individual
and minor run-off or dust deposits. Some products have been modified for rights reasons and may therefore differ from the original product in terms of
appearance but not fit.
Claims services
For painting services, Busspart provides a full guarantee of one (1) year for the paint applied by Busspart. - Penalties for errors
Claims services
The Bus Partner undertakes, without undue delay, after the Client has given the Bus Partner the opportunity to do so, to remedy a defect in the work performed free of charge.
However, the obligation does not apply if the remedy causes inconvenience or costs that are unreasonably high for Busspart in relation to the defect.
importance to the Contracting Authority. The remedy must be provided within a reasonable time. - Complaints
If a complaint is not made in time, the defect cannot be enforced against Busspart. A complaint about a lost or damaged product
shall be made without undue delay after the loss or damage has been or should have been discovered. This also applies to complaints about
products with poor fit and finish. In particular, the following applies
In the case of visible damage, a complaint must be made immediately upon receipt of the shipment to info@busspart.se or by phone 031-211 331.
Delays must be notified within seven working days from the date of receipt of the shipment.
In case of reduction or damage that is not visible, a complaint must be made within seven working days of receipt of the shipment. If this does not happen
the onus is on the complainant to prove that the damage or reduction occurred before receipt.
Complaints cannot be made later than six months from delivery. The purchaser shall be prepared, at the expense of Buspart, to send the
complained about the product to Busspart.
General Customer Conditions Busspart 2022-01-01 3 (3)
- Responsibility
The Client undertakes to indemnify Busspart for all costs and other damages incurred by the Client as a result of
Use of products by the Client in breach of the Contract.
Discharge and limitation of liability
Busspart is free from liability if the error or defect in the service or product is due to circumstances beyond Busspart’s control that Busspart does not
could reasonably have been expected at the time the service or product was provided and the consequences of which the Busspart could not reasonably have avoided.
or overcome.
Buspart’s liability is limited to the remuneration paid by the Customer for the service during the invoicing period in which the damage occurred.
In no event shall Busspart be liable for any indirect or consequential damages, such as loss of business profits, downtime costs, loss of income, etc.
market or other similar damage or loss.
When painting, Busspart is generally not responsible for the substrate, which over time can affect the properties and appearance of the topcoat over time.
Busspart shall not be liable for any of the services or products that are damaged or defective due to external influences.
Responsibility for vehicles
The bus partner is responsible for ensuring that the vehicle is not damaged while it is being worked on. The bus company will be exempt from liability if it can prove that the damage is not caused by
due to negligence on the part of Busspart or due to circumstances that Busspart could not have foreseen. For items left in the vehicle
and are not part of the normal equipment, Busspart is only liable if a specific agreement has been made to that effect. Buspar’s liability ends when
the vehicle has been picked up and the keys have been handed over to the Customer or when the vehicle has been placed on a site at the Customer’s request
agreed location.
On occasions where Busspart has undertaken to transport the vehicle to/from Busspart, whether for payment or not, the responsibility passes to Busspart when the keys
and the vehicle is handed over. The Bus Partner shall carry out the transportation in accordance with the applicable rules and regulations, whereby the Customer shall, upon request
provide vehicle-specific information that can be considered necessary for the use of the vehicle. Unless otherwise agreed, any
costs associated with the transport, such as fuel costs, any road tolls and damages are paid by the Client if the Bus Partner
can be considered to have carried out the transportation as required. - Confidentiality
The parties undertake not to disclose to third parties, either during the term of this Agreement or thereafter, any information that either party
received from the other party and which is of such a nature that it is to be considered a trade secret of the other party in cases where the party is legally required to
obliged to provide information to the authority. - Force Majeure
A party is relieved of the penalty for failure to perform a particular obligation under this Agreement if the failure is due to a circumstance
of the kind set out below (“exonerating circumstance”) and the circumstance prevents, significantly impedes or delays performance thereof.
An exculpatory circumstance shall be considered to be, inter alia a. act or omission of a public authority, new or amended legislation, conflict of interest, etc.
labor market, blockade, fire, flood or major accident. Party claiming exemption under the provisions
above shall inform the other Party without delay. Notwithstanding the above provisions on relief from penalty, a party has the right to terminate the contract.
to immediate termination if the performance of certain obligations is delayed by more than three (3) months. - Dispute
Disputes arising from this agreement shall be settled by arbitration administered by the Arbitration Institute of the Gothenburg Chamber of Commerce.
The rules of the arbitral tribunal for simplified arbitration shall apply unless the arbitral tribunal, taking into account the complexity of the case,
the value of the subject matter of the dispute and other circumstances determine that the rules of the Arbitration Court of the Gothenburg Chamber of Commerce shall apply to it
procedure. The arbitral tribunal shall have the right to decide whether the tribunal shall consist of one or three arbitrators. However, Busspart has the right to bring an action
in a general court of law in respect of an overdue claim. Swedish law applies. The decision or award of the arbitrator shall be binding on the parties.
and shall be enforced by judgment in a court of competent jurisdiction. - Early termination of the Agreement
A party has the right to terminate the Contract with immediate effect in the following cases.
The counterparty has materially failed to comply with its obligations and has not rectified the deficiency within a reasonable time after being notified.
The Counterparty has gone into liquidation, filed for or been declared bankrupt, initiated company reorganization proceedings, initiated
composition proceedings, has suspended payments or is otherwise likely to be insolvent.
The Counterparty is in default of payment for more than ten days after the due date and has not rectified the situation within a reasonable time after being informed of it
deficiencies.
Early termination of the Contract by Busspart in accordance with this paragraph shall not entitle the Client to a refund of payments made. All
unpaid products are the property of Busspart and shall be returned to Busspart without undue delay. If the Agreement is terminated in the normal way
the fees paid for a service or product are refunded to the extent that the fees relate to the period after the termination of the Contract for that service.
