Terms and Conditions

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AXDOS AB – Terms and Conditions

Axdos AB (”Axdos”) offers spare parts for automation (”the Product” or “the Products”) that are no longer available with manufacturers.

1. Definitions of Customer Categories

”Business Customer” Legal entities and companies who enter into agreement with Axdos

”Private Customer” Private individuals who enter into agreement with Axdos

”Customer” Business Customers as well as Private Customers

2. The Conditions

Upon the purchasing of the Products, the Customer agrees to comply with these terms and conditions (” the Conditions”), which apply generally to all purchases made from Axdos.

Use of ordered Products is not allowed unless the Customer accepts the Conditions in full.

Deviations from the Conditions are valid only if both parties have signed a separate written agreement thereon.

Axdos works mainly towards companies and other businesses and the vast majority of the Customers are thus Business Customers. Unless otherwise stated, the Conditions apply to Business Customers as well as Private Customers in and outside of Sweden world-wide (with the exception of the USA where special terms and conditions apply). Please note that Swedish law is the choice of law and is applicable in accordance with the Conditions.

Private Customers might, however, have special and more far-reaching rights under mandatory national consumer protection laws, such as the Swedish Consumer Sales Act (2022:260) and the Distance Contracts Act (Sw: Distansavtalslagen) (2005:59) as are applicable in relation to Swedish Private Customers. Such mandatory national law prevails in relation to the provisions of the Conditions. More information about the rights of Private Customers in Sweden can be found on the website of the Swedish Consumer Agency, www.kov.se.

If any of the provisions in the Conditions should be found to be invalid, for any reason whatsoever, the remaining provisions of the Conditions shall however still remain in full force.

3. Order

Orders are accepted by phone, fax, e-mail, letter or through Axdos web shop.

When Axdos confirms an order by a written confirmation, an agreement of purchase is entered into on which the Conditions are applicable. Ordered Products may not be used or commissioned, unless the Conditions are accepted in its entirety.

An order shall clearly specify

(i) the company name,

(ii) reference person, including his or her contact information,

(iii) billing address and

(iv) delivery address.

Any additional relevant information or wishes of the Customer in addition to (i)-(iv) above that should be taken into account by Axdos, must be specified in the order.

If a Customer wishes to change an order after Axdos’ receipt thereof, Axdos reserves the right to charge the Customer an administrative fee of 1 000 SEK (excl. VAT) per occasion of such request.

If a Private Customer is below the age of 18, parental permission must be obtained before placing the order.

Axdos does not accept orders from customers located in Russia or Belarus.

The Customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.

4. Price and Payment

Axdos prices are generally stated excluding Value Added Tax (“VAT”). VAT shall be added to the specified price if the purchase is within Sweden. With regard to other countries within the EU, VAT will be added if the Business Customer lacks a VAT number. VAT will not be added on sales outside of the EU.

Orders below 500 SEK are generally not accepted.

All orders are followed by an invoice, regardless of the payment method.

Axdos accepts only the following payment methods: Invoice, PayPal and debit/credit cards. For payments by card, the Adyen payment system is used, which enables payment with Visa, MasterCard and American Express in SEK, EUR, and USD. In the event of card transaction, the Conditions apply automatically as soon as the card transaction has been approved.

The Customer can choose between ten (10) or thirty (30) days net payment by invoice. The Customer is required to meet an acceptable solvency level, which is determined solely by Axdos, and be a resident of or have its legal seat in any of the following countries: Austria, Belgium, Canada, The Czech Republic, Denmark, Estonia, the Faroe Islands, Finland, France, Germany, Great Britain, Greenland, Hungary, Ireland, Italy, Japan, Liechtenstein, Lithuania, Luxemburg, Malta, Netherlands, Norway, Poland, Portugal, Rumania, Switzerland, Slovakia, Slovenia, Spain, Sweden, USA.

In the event of delayed payment, interest on overdue payment will be debited with two (2) percent per month as from the due date of the invoice. Axdos is not responsible for any changes in prices, incorrect pricing and the situation of the Products being sold out. If the price is incorrect, or the Products are sold out, Axdos may terminate the order and refund any already paid amount to the Customer. Axdos shall, as reasonable, inform the Customer should any of the above situations occur. Axdos shall also inform the Customer if a comparable replacement product should be available.

5. Reservation of Title and Risk

All Products remain the sole and exclusive property of Axdos until full payment has been received. The risk for the Products pass to the Customer upon the shipment of the Product.

6. Delivery

Axdos ambition is to deliver orders as soon as is practically possible. Orders are generally sent the same day, or the day after the orders have been received. Special delivery arrangements can be agreed upon in case of urgency.

6.1 Failure to Collect Delivery

Should the delivery not be timely collected by the Customer, and therefore be returned to Axdos, the Customer will be charged an administrative fee of 500 SEK (excl. VAT) for administration costs. In addition, the Customer will be charged for freight and transport costs.

6.2 Freight Damages

If a Product from Axdos is damaged during transport, regardless of whether the damage is visible or not, the carrier shall be notified thereof immediately by the Customer, however at the latest within seven (7) days upon receipt of the delivery.

6.3 Delay and Cancellation

If a delivery is substantially delayed, the Customer has the right to cancel the order, provided that the Products have not yet been shipped from Axdos. Cancellation after the Products have been shipped is not possible. Furthermore, a valid cancellation requires a written confirmation thereof from Axdos.

In the event of cancellation, Axdos is entitled to compensation for expenses and other losses that may arise due to the cancellation.

The Customer may not cancel an order if the order comprises Products that are custom made or acquired specifically for the Customer in accordance with the customer’s specifications or other requirements.

The Customer has no right to other sanctions than cancellation of the order in the event of delay. Cancellation is thus the only and exclusive sanction in case of delay.

6.4 Annulment

Business Customers do not have the right to annul or withdraw an order, unless otherwise have been agreed specifically.

Private Customers in Sweden have (and may have under other national law) however a mandatory right to withdraw an order within 14 (fourteen) days from the receipt of the Products, according to the Swedish Distance Contracts Act. The right to withdrawal applies only if the Products and their original packaging can be returned to Axdos in a substantially unaltered condition. The Products should not have been used.

When exercising the right of withdrawal, the Customer should contact Axdos by phone 0151-12500, via email info@axdos.se, or through website www.plcsweden.com and provide the order-id and specify which product is to be returned. The customer can also use the standard form for exercising the right of withdrawal provided by the Swedish Consumer Agency.

When the Customer contacts Axdos, a return shipping label is provided. The return freight cost is paid by the Customer.

The right to annulment, or the right to withdrawal, is not applicable in relation to Products that are custom made or acquired specifically for the Customer in accordance with the customer’s specifications or other requirements.

7. The Product

7.1 The Condition of the Product

The Products are either refurbished or so-called new surplus. The Products are therefore distributed in the condition as is specified in the product classification in Section 7.2 below.

The Products are purchased from businesses and/or individuals who have acquired redundant spare parts from disposed machines. No Products derive from a general agent.

Axdos carries out only limited function controls and is generally not liable for any defects in the Products with the exception of significant malfunctions. Axdos’ liability in relation to significant malfunctional defects are exhaustively regulated in Section 7.4 below. Thus, Axdos takes no responsibility for the Products whatsoever, with the exception to what is explicitly specified in Section 7.4 below.

The Customer carries the risk at installation and/or assemblage of the Products and takes the sole risk and liability in the event of business interruption, loss of equipment, loss of data and personal data and other possible damages, including any indirect or incidental damages. No guarantee is provided by Axdos for normal wear and tear, incorrect installation/set-up or if the Products are used for a purpose they are not intended for or if the Products should infringe any third-party rights.

Axdos is making its best efforts to identify counterfeit spare parts and Axdos exclude such Products from its’ assortment upon detection. However, Axdos has no possibility to fully verify, or guarantee, that counterfeit copies may occur. Axdos can therefore not guarantee that the Products are counterfeits or that the Products may not infringe any third-party rights. The Customer acquires and uses the Products at their own risk.

The Products shall be installed and assembled by the Customer in a professional manner and in accordance with the manufacturer’s recommendations and guidelines. Axdos is not responsible for any damages that may occur as a result of the Products being handled, installed or set-up in an incorrect, non-professional or negligent manner.

7.2 Product Category

Axdos uses following terminology for its product categories:

New surplus: The Product may have been connected, but never commissioned. The Product may be in sealed original packaging, opened original packaging or in Axdos’ own packaging.

As new: Normally a Product that has been used for demonstration purposes and therefore commissioned for a very short time.

Refurbished: A previously used device in a, for the particular Product, good working condition. Lids and other parts without any relevance to the Product’s functionality may be missing.

Not nice, may have small damages: A Product with cosmetic defects without relevance to the functionality of the Products. Normally plastic or slight rust damages.

Lid missing: the same as used however the lid on which the installation guide is written is missing.

Display not perfect: An operator panel where the display is more damaged than what can be expected from a second-hand device in a good working condition.

Renovated: A previously used device that has been renovated to extend its lifespan.

Overhauled: A previously used unit that has been partially renovated to extend its lifespan.

Axdos might also use other categories, which in such case will be specified specifically in each case.

7.3 Quality Control

The Products are subject to a limited functionality control, as far as Axdos has knowledge and ability.

7.4 Limited Warranty

Axdos is not liable for any defects in the Products whatsoever, with however the limited exception of significant functionality defects where Axdos may rectify such defects during a period of twelve (12) months from the purchase.

Rectification of functional defects is made without any cost to the Customer, provided that the rectification can be made without an unreasonable cost or inconvenience for Axdos.

Axdos may also replace the defect Product with a similar Product in the same product category. Axdos reserves the right to replace a defect Product with an equivalent Product if an identical Product is not available.

Should rectification or replacement not be a possible option, and the defect is of significant importance to the Customer, the Customer may terminate the order. Upon such termination, however, the Customer has no right to any compensation (including damages) or any other alternative remedies, except the reimbursement of the paid amount for the Product in question. The Product must be returned to Axdos upon termination.

Axdos’ liability for defects is exclusively limited to rectification and termination in accordance with this Section.

Private Customers have specific rights under the Swedish Consumer Sales Act as well as according to other national laws as may apply.

7.5 Notification

The Customer must, without delay after the Customer detected or should have detected a defect, notify Axdos thereof. The Customer shall duly inspect the Products upon delivery in order to verify that the Product is correct and free of defects.

When a Customer wishes to notify Axdos of a defect, the Customer shall contact Axdos complaint department by telephone 0151-12500, e-mail info@axdos.se or through Axdos website www.plcsweden.com and state order-id and the reason of notice.

Customers shall request a so-called RN (return number) which is valid for 14 (fourteen) days. When returning the Products to Axdos, the package must be clearly marked with this RN. Returned Products without a RN will not be accepted by Axdos.

In addition, returned Products must be packaged in a way that is appropriate for the Products and that under no circumstance may generate damages to the Products during transportation. Returned Products, that are determined not to fulfil these demands, shall not be considered as correctly returned and the notification shall therefore be invalid

The following applies to Business Customers. Any costs related to the return of the Products to Axdos shall be borne by the Business Customer. If Axdos cannot confirm the defects stated in the notification, Axdos shall have the right to reasonable compensation for any costs arising from examination of the Products (including the costs for preparations).

With regard to Private Customers, the Swedish Consumer Sales Act is applicable on notifications. The freight costs shall, according to mandatory law, be borne by Axdos in case of a valid return. Therefore, a Private Customer has the right to get a pre-paid return shipping label sent to them. If the return is not valid, the Private Customer will be charged for the freight costs in both directions. In the event where the reason of return is defects in the Products, and such defects cannot be proven, the Private Customer shall be charged a fee of 200 SEK. In addition, the Customer shall be charged VAT, the freight costs in both directions and other costs related to Axdos handling of the notice. Packages without a RN will be sent back to the Private Customer who will be charged for the freight costs.

The approximate time to handle notifications is four weeks from the time Axdos receives the Products. The Customer will be contacted by Axdos if the time to handle exceeds four weeks.

7.6 Termination of Order

In the event that Products, that are acquired specifically for the Customer in accordance with the Customer’s specifications or other requirements, are not approved by Axdos’ quality control, Axdos has the right to terminate the order. The amount paid by Customer upon placing of order shall be repaid to the Customer following such termination. The Customer is not entitled to any compensation upon such termination.

8. Limitation of Liability

Axdos liability is exclusively and exhaustively limited to the sanctions (cancellation, rectification and termination) that are expressly specified in the Conditions.

Axdos has no liability for damages whatsoever. Axdos is thus not responsible for any direct or indirect damages, such as loss of income, loss of profit, business interruption, or increased operating costs, missed business opportunities, loss of usage of equipment, loss of data or other possible losses or damages, including, but not limited to, indirect and incidental damages.

Private Customers may have other rights under the Swedish Consumer Sales Act or other national laws that may apply.

9. Force Majeure

Axdos shall not be liable for non-fulfilment of the Conditions if the non-fulfilment is due to circumstances that Axdos cannot control and that prohibit or substantially hinder the performance thereof (“Force Majeure Event”). Such Force Majeure Event include but are not limited to war, acts of war, measures by a public authority, natural disaster, fire, new or altered legislation, labour conflicts, or disruption of normal supplier channels of distribution due to the same or similar circumstances as stated above. In order to be relieved from liability according to this Section, Axdos shall within reasonable time notify the Customer hereof.

10. Data Processing

10.1 Business Customers

In order to be able to deliver the Product and to comply with the agreement and applicable law, Axdos needs to process contact details - and thus personal data - linked to the contact specified on order. This is done on the basis of Axdos’ legitimate interest in being able to come into contact with the specified person in order to ensure that the Product is delivered in the desired manner. The data will be processed by Axdos for as long as the contractual relationship requires it and thereafter for as long as is required by applicable law or in order for Axdos to be able to ensure Axdos’ rights under the agreement.

In accordance with the General Data Protection Regulation, the contact specified may contact Axdos to get their personal data corrected or deleted or to get access to the personal data in question. Axdos will grant such requests unless they violate legal requirements or there are other legitimate reasons that prevent a required erasure.

Axdos employs the company CAG Ateles AB for hosting of data in Axdos’ web shop. CAG Ateles AB, which thus processes personal data as a data processor, uses Amazon Web Services servers in Germany & Ireland for cloud storage. Learn more about Amazon Web Services' handling of personal data here: www.aws.amazon.com/privacy.

10.2 Private Customers

In order to be able to deliver the Product and to comply with the agreement and applicable law, Axdos needs to process personal data linked to you as a private Customer. This is done on the basis of the agreement between you and Axdos, since Axdos cannot deliver the Product or administrate invoices without having your personal information. The personal data that need to be processed for the above purpose are your name, address, phone number, email address, social security number and bank account number. The data will be processed by Axdos for as long as the contractual relationship requires it and thereafter for as long as is required by applicable law.

In accordance with the General Data Protection Regulation, you may contact Axdos to get your personal data corrected or deleted or to get access to the personal data in question. You can also contact Axdos to receive your personal data in a structured, commonly used and machine-readable format. Axdos will grant such requests unless they violate legal requirements or there are other legitimate reasons that prevent a required erasure.

10.3 Cookie policy

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11. Amendments

Axdos reserves the right to make adjustments and amendments to the Conditions, including but not limited to prices, technical specifications and product offers, without any previous notification. For a Business Customer already bound by the Conditions, Axdos has the right to make reasonable changes as specified above upon due notice. Changes of the price can be made without any previous notification.

12. Versions of the Conditions

The Conditions are also available in Swedish. The Swedish version of the Conditions shall always have priority in relation to this English version should there be any inconsistencies between the different language versions.

13. Applicable Law and Dispute Resolution

Swedish law is applicable to all claims, disputes, or other issues that may occur due to the Conditions.

All disputes shall be handled by Swedish courts (Sw. svensk allmän domstol) with the District Court of Nyköping (Sw. Nyköpings tingsrätt) as the first instance. Private Customers may however have the right to bring legal actions before court in their own jurisdiction according to mandatory national law as may apply.

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