General Terms & Conditions for Sweden & International Customers
These General Terms and Conditions are used by J&A Mobiles AB. Company incorporated under the laws of SWEDEN.
These terms and conditions apply to all offers by the Seller and all contracts with the customers who are legal entities incorporated under the laws of the Sweden or international customers.
The Buyer is obliged to read the GENERAL TERMS AND CONDITIONS FOR SWEDEN AND INTERNATIONAL CUSTOMERS before every purchase.
The Seller shall sell and the Buyer shall purchase the Goods for the agreed Purchase Price.
The Seller accepts orders to purchase the Goods placed by following means:
By webpage www.b2b.jqmobiles.com through the interface in the section for the registered customers;
By phone call received by the sales representative of the Seller.
The order confirmation shall include:
the identification of both Parties,
the specification of Goods, i.e. the quality and quantity of Goods ordered,
means of payment,
the way of delivery and the expected time of delivery,
information on insurance of the consignment,
costs of the delivery and consignment
eventual provisions on discounts or special arrangements.
After the order confirmation has been delivered to the Buyer, the Purchase Agreement shall be considered to be concluded effectively even if it is not signed in written in paper form (hereinafter as “Agreement”).
The Buyer acknowledges that the Agreement shall be drawn up for the Seller and Buyer who are both legal entities established in order to perform business activities and the rights and obligations under the Agreement shall not constitute any obligation of the Seller towards the customers of the Buyer.
Price and Payment Conditions
The Seller and the Buyer have agreed that as the consideration for the sale of the Goods, the Buyer shall pay to the Seller the Purchase Price that has been specified due to the pricelist available on the webpage www.b2b.jqmobiles. in the section reserved for registered customers. The Purchase price shall be calculated and valid as of the time of ordering.
The Seller and Buyer can agree on prices that are different from the prices published at the webpage www.b2b.jqmobiles. in a separate agreement which shall be always confirmed in written.
The Seller can provide the Buyer with a special individually calculated discount on Purchase Price based on the quantity of the turnover. Such discount shall be calculated as a percentage of the turnover performed by the Buyer in each calendar quarter. The discount shall be applied for the supplies of Goods following the calendar quarter in which the significant turnover was reached.
The specification of the quality and quantity of Goods, the Purchase Price, way of delivery and payment shall be defined in the Order confirmation and/or the Agreement.
The amount of the Purchase Price shall not be subject of any increase and indexation and includes all transaction costs and taxes. In case of legal entities incorporated under the laws of the SWEDEN the value added tax (VAT) shall be added to the amount of the Purchase Price according to the valid laws of the SWEDEN, with exceptions to this provision, as specified further in this Article. In case of international customers, i.e. legal entities with the country of residence other than SWEDEN all payments made by the Buyer to the Seller under the Agreement shall be made free and clear of, and without deduction for or on account of, any present or future income tax, stamp duty or other taxes, levies, imposts, duties, charges, fees, deductions, now or hereafter imposed, levied, collected, withheld or assessed by any governmental authority, or any political subdivision or taxing authority thereof. The Buyer shall be obliged to settle VAT or other applicable taxes in the country of residence.
The Seller accepts that the Purchase Price might be paid by following means:
100% of the payment in advance by bank transfer, all transfer related costs must be paid by the Buyer and proforma invoice/order number must be mentioned in transfer description.
cash at the premises of the Buyer, if the Buyer’s premises are located in any of the SWEDEN the Buyer has at least one completed order which was paid via bank transfer which was not later than one month and the subtotal amount does not exceed 1500 EUR, Prerequisite of Cash on Delivery payment option is one fully completed order which is paid by bank transfer and not older than 1 month. If these conditions are met the Buyer shall contact the Seller to make the Cash on Deliver payment option available. CHEQUES are not accepted and not considered as payment for Goods. All Cash on Delivery orders submitted must be confirmed by the Buyer via automated e-mail responds which are sent out by the Seller. If a Cash on Delivery order returns to the Seller as not deliverable, the Buyer loses the right to submit further a Cash on Delivery order. The Buyer shall be able to apply for Cash on Delivery payment option again after a successfully delivered order which was paid via bank transfer.
In case of legal entities incorporated under the laws of the the International costumers, Seller shall not charge the Buyer with the VAT and the Buyer shall be responsible to pay the VAT provided the Seller supplies the Buyer mobile telephones being devices made or adapted for use in connection with a licensed network and operated on specified frequencies, the Seller shall not charge the Buyer with the VAT and the Buyer shall be responsible to pay the VAT.
Delivery of Goods
Except otherwise agreed by the Parties the Goods are delivered, and the risks of loss or damaging shall pass to the Buyer upon collection of the Goods by the first carrier at the Seller’s premises.
The Seller can upon a request of the Buyer ship the Goods to the Buyer by carrier service and also have the consignment insured. The costs of the courier delivery and insurance shall be borne by the Buyer and shall be paid together with the Purchase Price, unless agreed otherwise.
The delivery dates or delivery terms serve as a guidance only without any guarantee of the Seller. Late delivery shall not allow the Buyer to cancel the order, reject the Goods or claim damages. The Seller shall allow the Buyer to apply his rights from the transportation contract against the carrier.
Provided the Parties agree on different delivery option.
The Buyer may withdraw from the contract if the Seller becomes unable to make final and complete delivery prior to transfer of risk.
Upon receiving the shipment the Buyer shall check whether the received Goods fully correspond with the Goods ordered, the condition of the shipment and the damages and/or shortages in the shipment in general. In case the received Goods do not correspond with the Goods ordered in any way the Buyer shall inform the Seller immediately or not later than 3 days from the day of receipt of Goods.
In case of damaged and/or missing Goods the Buyer shall write everything clearly on the receipt and specify every damaged and/or missing Goods, confirm it with a signature and inform the Seller. Notification shall be done by the Buyer towards the carrier company as well.
Shipping and delivery of Goods, delivery expenses and risks during shipping period are on the Buyer and the Seller is not liable for any direct or indirect loss or damage of Goods that has resulted from any reason. The Seller offers possibility to ensure the Goods for additional fee. In case of ensured Goods the Seller accepts the obligation to file a claim to the insurance company in the Buyer’s name.
Information about the expected time of delivery can be found on the website of the carrier company.
Every order for which the payment is confirmed by the Seller’s bank by 12:00 PM will be processed the same day if the ordered Goods are available at the Seller’s warehouses. Preparation of orders is done from Monday to Friday.
In case an ordered Good is not available in the Seller’s warehouses, delivery time is extended and the Buyer has the right to cancel the order.
Buyer has no right to terminate the contract nor demand compensation or interest or money refund for any delays caused by the carrier company.
Disputes and Applicable Law
Any controversy or claim arising out of or relating to this Agreement shall be submitted to the court of the SWEDEN.
If any provision of the Agreement and/or of this Terms is or becomes invalid or unenforceable, such invalidity or unenforceability shall not invalidate the remaining provisions of the Agreement and/or Terms except where the provisions cannot be severed from the rest of this Agreement due to the nature of the Agreement and/or Terms, its subject matter or the circumstances in which the Agreement and/or Terms was concluded. The Parties agree to do all things necessary to achieve the same result as was intended by any such invalid or unenforceable provisions.
This Agreement shall be governed and interpreted in accordance with the laws of the SWEDEN.
These General Terms and Conditions shall be applied for all purchase agreements between the Seller and customers who are legal entities incorporated under the laws of the SWEDEN or international customers.