1. PARTIES AND APPLICATION
These Terms and Conditions apply to the services provided by Northbull Imports/Maskin & Truckex AB ("Operator") to a customer ("Customer") who orders a product, such as a mini excavator or other machine, from a third party manufacturer abroad using a trading platform provided by the Operator.
The Operator is not a seller, importer, manufacturer or reseller of the goods, but acts as an operator of the commercial ordering and delivery process, as a trading platform, as a payment intermediary and as a logistics coordinator. The contract is concluded when the Customer accepts the offer by paying the corresponding invoice. The operator is not a party to the trade but provides the platform for trading. The responsibility for the transaction lies with the trading parties.
Role definitions:
- Customer = ordering party
- Manufacturer/Seller = factory manufacturing the product
- Operator (Northbull Imports) = operator, payment intermediary, service provider
2.
The customer orders the product directly from the foreign manufacturer. The operator is not a party to the contract for the sale of goods, but provides the following services on behalf of the customer:
- Payment intermediation and currency conversions
- Order communication and coordination of documents with the manufacturer
- Arranging the communication with the manufacturer and the supplier (communication with the buyer, negotiation with the supplier and the contractor), arranging the delivery of the goods to the buyer's home or other agreed place
- Customs clearance and importation with VAT on behalf of the Customer
- Arranging transport insurance (only if agreed separately)
- Monitoring and quality control of the completion of the order to the extent reasonably possible with the means and cooperation available
3. ORDERING PROCESS
- The customer selects the product and accepts the offer.
- The customer confirms in writing the technical specifications, equipment and delivery address.
- The customer pays 100 % of the price quoted in advance.
- A separate commercial contract is concluded between the customer and the manufacturer, setting out the parties to the transaction and their responsibilities.
- The operator initiates the process on behalf of the Customer.
- The product is delivered from the manufacturer to the Customer.
4. TERMS OF PAYMENT
All payments shall be made 100% in advance, unless otherwise agreed in writing. The Customer shall pay the price indicated in the offer or invoice. The Operator shall not be obliged to deliver the Product, book transport or initiate the delivery process if any payment relating to the invoice or order (including any surcharge based on the freight indexation) remains unpaid after the due date. This also applies to any additional costs determined at the time of delivery based on changes in freight rates, port charges, insurance or other charges related to the delivery. If payment is not made on time, the Operator reserves the right to withhold delivery of the product or release of the stock without notice. The price may include the following items, unless otherwise stated:
- The factory price of the product and the manufacturer's charges.
- International and domestic transport costs (by sea, air or road).
- customs duties, VAT and other statutory taxes and charges
- Taxes, customs duties, VAT and other taxes (including VAT, customs duties, customs duties, etc.)
- Documentation and forwarding services (e.g. B/L, customs documents, export clearance)
- Transport insurance (only if specifically agreed)
- Operator's service fee (fixed + commission including order coordination, communication, payment brokerage, transport management and customer service)
Index-linked freight rate
The freight share in the tender or contract, reviewed and finally confirmed when the transport starts (e.g. container is booked or waybill is created). Weeks or months may elapse between the time of order and delivery, during which the actual freight rates may change downwards or upwards (e.g. due to fuel and container costs, force majeure, etc.).
The Shanghai Containerized Freight Index (SCFI) or other index indicators can be used as a reference for estimating freight price developments. In the event of a significant increase in this index at the time of delivery compared to the time of order, the Operator reserves the right to charge 8 -15% of the value of the freight at the time of commencement of delivery. Likewise, if the actual cost of freight is significantly lower than the initial estimate, the corresponding saving may be credited to the customer up to a maximum of 10% of the cost of the freight. 5% of the value of the freight at the time of purchase.
This mechanism allows for a fair cost allocation in a constantly changing market and global situation and protects the parties from unpredictable price fluctuations in international logistics.
Receipt of payment does not constitute an unconditional obligation to deliver if the order is prevented from proceeding for reasons beyond the Supplier's control (e.g. payment service disruptions, currency restrictions, official decisions).
Transit time of payments and impact on the delivery schedule.
Due to international payment transaction practices, the time taken to transfer payments between countries and banks may vary significantly. For example, there may be delays in receiving payments:
- weekends, national and international public holidays
- internal bank processing times
- delays in currency transfers or payment intermediaries
- regulatory controls or additional checks on the source of the payment
The operator has no influence on the timing or delays of payment transactions. Consequently, the start of production of a product may also be delayed accordingly, depending on when the manufacturer receives the payment and the practice of that manufacturer. The Customer understands and accepts that the delivery process timelines may only start from the time the payment is credited to the manufacturer's account, not from the time the payment is sent.
5. DELIVERY TERMS (INCOTERMS 2020 + DELIVERY PRACTICES)
International deliveries will be made by default in accordance with Incoterms 2020 DDP (Delivered Duty Paid) unless otherwise agreed in writing.
Possible delivery terms are:
- EXW - Pick up by the customer from the factory.
- FCA - The manufacturer hands over to the carrier.
- CPT / CIP - Carriage paid or transport + insurance paid
- DAP / DPU - Delivery to destination (unloaded or unpacked)
- DDP - Delivery to door, all payments and responsibilities handled on behalf of the Customer
Risk is transferred in accordance with Incoterms. For DDP deliveries, the risk is only transferred to the Customer on delivery.
Delivery schedules
Delivery schedules are always estimates and are not binding on the Operator, the manufacturer or the carrier. The delivery process only starts once all payments, documents and necessary information have been submitted and confirmed. Deviations from schedules may be caused by third parties, weather conditions, port congestion, customs, disruptions in the logistics chain or other unforeseen factors.
Terms of delivery
The operator is under no obligation to deliver the product or to book transport if any payment (including indexation or additional charges) relating to the order is outstanding. If the customer fails to provide the necessary information (e.g. delivery address, importer's ID, contact details) by the deadline, delivery may be postponed or postponed without any obligation to pay compensation.
Liability for taking delivery and unloading
The customer is responsible for ensuring that the delivery can be received at the agreed destination. Unless otherwise agreed, the Customer is responsible for unloading the Product from the Vehicle. If the delivery fails for reasons attributable to the customer (e.g. the recipient is not present), the customer shall be responsible for any additional costs (storage, redelivery, waiting times, etc.).
Delivery in the event of obstacles
The operator has the right to postpone or delay delivery in the event of force majeure or logistical disruption (e.g. weather conditions, strikes, traffic jams, official orders). The Operator shall not be liable for any delay in delivery if it is caused by a circumstance beyond the Operator's control.
Customer participation and obligation to provide information
The Customer is obliged to provide all information required for the delivery in due time and to ensure that the delivery can be carried out safely and smoothly. The Customer shall, where necessary, ensure that local authority requirements are met and shall assist in any official inspections or customs clearance.
6. LIMITATION OF LIABILITY
The Operator only acts as a trading platform, payment intermediary, order process manager and transport operator in the supply chain between the Customer and the foreign manufacturer. The Operator is not responsible for any promises, guarantees or actions of the manufacturer, factory or third parties. The Operator is not a party to the product sales contract and is not responsible for any errors or omissions of the manufacturer. The Operator is not part of the contract for the sale or manufacture of the Goods and assumes no liability thereunder. The operator is not liable for indirect or direct damages and is not obliged to grant any price reduction or compensation. The Customer's sole remedy for a fault in the Operator's service is the right to claim a refund of the Operator's service fee only to the extent that the service has been substantially omitted due to the Operator's own fault.
Unless otherwise expressly agreed in writing, the Operator shall not be liable for, inter alia:
- the characteristics, quality, defects or deficiencies of the Product
- the fitness for purpose, safety or technical functioning of the Product
- the acts, omissions, schedules or defaults of the factory or manufacturer
- decisions, delays or errors made by third parties such as freight forwarders, carriers, customs, port or other authorities
- Indirect or consequential damages such as loss of profit, production stoppages, project delays, contractual penalties or damage to reputation
- transport or loading errors, if the goods have been handed over to a third party freight broker in accordance with the agreed delivery terms
- any requirement or failure to meet any requirement relating to the registration, type approval, CE marking or other national requirements of the product
- shortcomings in technical documentation, such as blasting diagrams, maintenance instructions or spare parts lists, unless otherwise agreed
- delays, errors or expenses due to the customer's own actions or omissions (e.g. wrong delivery addresses, late payments, failure of the customer to clear customs)
The Operator's total liability is always limited to a maximum of its own service fee, and only if the Operator can be shown to have acted with gross negligence or intent.
The Operator is entitled to terminate the contract with the Customer if the performance of the order proves to be substantially impeded, for example because the manufacturer is unable or refuses to supply the product in accordance with the Operator's instructions.
7. SUBCONTRACTORS
The Operator shall be entitled to use subcontractors and third party service providers to perform the Services, including but not limited to: factories, carriers, freight forwarders, shipping companies, insurance companies, customs agents and logistics operators.
The Customer understands and accepts that these third parties are acting in an independent capacity and are not under the responsibility of the Operator.
If a subcontractor makes a mistake or causes damage (e.g. loss of goods, damage, customs delay, schedule delay, system problem), any claim for compensation by the Customer will be made directly against that subcontractor or insurer and not against the Operator. The Operator may assist the Customer in the preparation of a claim or damage report, if so agreed.
The Operator shall not be liable for errors, omissions or delays committed by a subcontractor, unless it can be proved that the Operator itself selected or directed the subcontractor to act in a manner which was clearly negligent or contrary to the agreed terms.
8. TRANSPORT DAMAGE AND INSURANCE
The Customer is responsible for checking the condition of the goods on delivery. Any transport damage or defects must be documented immediately in writing at the time of delivery (e.g. on the consignment note or by photographs) and reported to the carrier or insurer within the applicable time limits.
If the Operator has, at the Customer's request, arranged transport insurance on the Customer's behalf or otherwise, the notification of damage and documentation of the damage must be carried out in accordance with the Operator's instructions and time limits. The Operator shall be entitled to require the Customer to comply fully with the instructions given in order to initiate the compensation process.
The Operator may, at its discretion, assist in the preparation of a claim form or delegate the claims process to an insurance company or other party on behalf of the Customer, but is under no obligation to do so. The Operator shall not be liable if compensation is refused or not received due to the Customer's errors or delays.
If insurance has not been arranged or has been arranged by the Customer, all claims and liabilities will be the responsibility of the Customer.
9. PROVIDER/OPERATOR'S RIGHTS, RIGHT OF INTERRUPTION AND CONDITIONS OF MODIFICATION
The Operator shall have the right to remove, modify, block or suspend the Service or any part thereof if it considers that there are reasonable grounds for doing so. The Operator reserves the right to suspend, transfer or cancel the Customer's order in circumstances where:
- the manufacturer fails to supply the product or is otherwise unable to operate
- the Customer fails to provide the necessary information or confirmations within the agreed timeframe
- there is a substantial deviation, technical impediment, regulatory requirement or other reason preventing performance of the contract
The Operator reserves the right to amend these Terms and Conditions by notifying the Customer in writing, by e-mail or by publishing them on its website. The amended terms and conditions shall enter into force seven (7) days after notification, unless otherwise stated. The Customer accepts the changes by continuing to use the Service or by placing a new order after the date of notification.
The Operator will use reasonable endeavours to provide the Service during the stated opening hours. Service interruptions may occur due to, among other things, maintenance, high volume of users, technical failure, cyber disruption or other similar reasons. The Operator shall not be liable for any loss of data, delays or indirect or direct damage caused by such interruptions.
The Operator endeavours to provide a high quality and reliable Service, but does not guarantee the accuracy, correctness or continuous availability of the Service or the Content contained therein, and shall not be liable for any damages caused by malfunctioning of the Content or the Service.
The Operator reserves the right to modify, remove or add elements, features or functionalities of the Service, or to discontinue providing the Service in whole or in part, without any liability to the Customer.
The Operator also has the right to moderate or modify notices, promotions or other content provided by the Customer on the Service if their content is not in accordance with the purpose of the Service, is incorrect, misleading or otherwise inappropriate.
10. WARRANTY AND COMPLAINTS
If the manufacturer offers a warranty, liability and handling is between the Customer and the manufacturer. The Operator is not responsible for the fulfilment of the manufacturer's promises and is not a party to the warranty or claims process.
11. RETURNS AND CANCELLATIONS
All Products are ordered and manufactured to the Customer's individual requirements and wishes from a foreign manufacturer. The products are therefore clearly identified and are not subject to any right of withdrawal or return under Chapter 6 of the Consumer Protection Act.
Any cancellation of an order or return of a product is only possible with the written consent of the manufacturer. In this case:
- The Customer shall be liable for all costs arising from the cancellation or return to both the manufacturer and the Operator. These include production costs, administrative handling costs, payment brokerage, freight, repackaging, customs clearance procedures and any manufacturer's cancellation fees.
- The Customer undertakes to reimburse in full all direct and indirect costs incurred by both parties, even if the order has not yet been delivered.
- Under no circumstances shall the Operator be obliged to reimburse any costs to the Customer or the manufacturer.
12. FORCE MAJEURE
The Operator shall not be liable for delays, damages or non-performance of obligations if they are caused by force majeure. Such force majeure shall be deemed to be an event beyond the control of the Operator which prevents the fulfilment of the contractual obligations. Such circumstances include, for example:
- war, civil unrest, terrorism
- pandemics or virus epidemics
- natural disasters, fires, storms or floods
- industrial action, strikes, lockouts
- disruption of transport or logistics chains
- export and import bans, customs delays or decisions by public authorities
- cyber-attacks, large-scale system disruptions or energy supply interruptions
The operator is entitled to postpone the performance of its contractual obligations for the duration of the impediment or to terminate the contract without compensation if the performance of the obligations becomes impossible due to force majeure.
The Operator undertakes to inform the Customer of the impediment and its estimated duration as soon as reasonably possible.
13. APPLICABLE LAW AND DISPUTE RESOLUTION
This contract shall be governed by Swedish law, excluding its conflict of law rules. Any disputes shall be settled in the first instance by the District Court of Stockholm. The consumer-customer may, if he so wishes, also bring the matter before the Consumer Disputes Board.
14. ACCEPTANCE AND BINDING NATURE
The Customer accepts these Terms as binding by paying the invoice or by accepting them in writing or by electronic signature, if used. The Operator reserves the right to update the Terms unilaterally. The new Terms will enter into force when they are published on the website or attached to a new offer or contract.
If any part of these terms and conditions is found to be invalid, the other terms and conditions shall remain in force.
Additional Clause on International Payment Transactions
The Customer acknowledges that due to international banking practices, the transfer of funds between countries and banks may take several days. Delays may be caused by weekends, public holidays, internal bank processing times, currency exchange handling, or regulatory checks.
The manufacturing and delivery process shall only commence once the Manufacturer has received the full payment into its account. The Operator has no influence over the timing of international payment transactions, and therefore all delivery schedules are calculated from the date the Manufacturer confirms receipt of funds, not from the date of payment initiation by the Customer.
