General Terms and Conditions for Customers

Scope

These terms and conditions cover the services and products provided by Busspart Sverige AB, Busspart Norge AS and Busspart Danmark ApS and shall apply where so agreed. Any deviation from these terms and conditions shall only be valid if agreed in writing between the parties.

Prices and Product Images

We reserve the right to make price adjustments and account for discontinued products, stock discrepancies, technical problems, changes to technical specifications, and any typographical errors on our website or in our advertisements. We reserve the right to cancel incorrect orders.

Busspart generally reserves the right to continuously adjust prices on its website and in catalogues, brochures, price lists and similar materials, for example due to price adjustments or changes in exchange rates. Significant changes in costs that directly affect the prices of confirmed orders and occur before delivery entitle us to adjust those prices.

In the event of errors or misprints relating to prices, delivery times or similar information, we reserve the right to correct such information retrospectively.

Prices displayed in the online store exclude VAT.

In addition to the cost of the product, shipping costs shall be charged where Busspart is requested to deliver the product. Where a separate agreement regarding prices and fees has been entered into, these prices and fees will be displayed on the website when the customer is logged in.

Product images on the website do not guarantee an exact representation of the appearance or characteristics of the product. We reserve the right to correct any errors in the product information and to change product information and prices without prior notice.

Payment and Invoicing Terms

Busspart does not accept cash, and payment is primarily made by invoice. Unless otherwise agreed, Busspart has the right to:

• invoice the Customer on an ongoing basis;
• charge an invoicing fee, late-payment interest and reminder fees in accordance with applicable law; and
• assign the invoice to a third party.

Any errors in an invoice issued by Busspart must be disputed no later than the invoice due date. If the invoice is not disputed in time, the error may not be invoked against Busspart.

In the event of late payment, Busspart has the right to suspend the performance of its obligations. Busspart is not required to notify the Customer of such suspension.

We reserve the right to cancel orders containing incorrect personal information or where the customer has a record of non-payment. Busspart has the right to carry out a credit check where necessary in order to grant credit terms.

As a customer, you undertake to make payment within the applicable payment period for the selected payment method. Payment after the due date may result in late-payment fees and interest.

Credit Terms

Unless otherwise agreed, payment must be received by Busspart no later than ten days after the invoice date. This applies to corporate customers and other business operators. Other payment terms may apply.

In the event of late payment, late-payment interest shall be charged at the current rate of 8% plus the applicable official discount rate.

At any time during the credit period, Busspart has the right to require the Customer to provide adequate security for the credit. At its own discretion, Busspart also has the right to require advance payment before commencing any work.

Busspart may terminate the credit facility with immediate effect and demand immediate payment of all outstanding amounts if:

• the Customer is late in making any payment to Busspart;
• any security provided by the Customer is, in Busspart’s assessment, no longer adequate;
• the Customer fails to provide adequate security following a request from Busspart; or
• the Customer has filed for or been declared bankrupt, commenced composition proceedings, suspended its payments, may otherwise reasonably be presumed to be insolvent, or has entered into liquidation.

Delivery Terms

Body Parts

Unless otherwise agreed, Busspart’s products are delivered in accordance with Incoterms EXW.

Unless otherwise agreed in a written agreement or at the time the order is placed, Busspart undertakes to deliver products within two to five working days from the date of the order within Sweden, Norway, Denmark and Finland.

If delivery will be delayed by more than one day beyond the above period, the Customer shall be informed at the time the order is placed.

Responsibility for the goods and products passes to the buyer when the freight forwarder or carrier collects them from the seller.

Damage Repairs and Services

For standard repairs, a delivery date shall be specified when the order is placed. In other cases, the delivery time shall be specified once the extent of the repair has been established.

Where no delivery time has been agreed, the assignment shall be completed within a reasonable period, taking into account what is customary for a service of the same type and scope.

In insurance matters, the Customer is responsible for informing the insurance company of what is included in the reported damage. The Customer is also responsible for authorising the commencement of the work.

Busspart reserves the right to commence work in connection with the delivery of spare parts, which may affect the overall delivery time.

Busspart is required to inform the Customer’s insurance company if the cost of repairing the damage may exceed the market value of the vehicle. In such cases, Busspart may not commence the work without the insurance company’s approval.

The Customer may, however, always choose to have the work carried out at the Customer’s own expense.

Delivery Delays

In the event of a delivery delay, the Customer shall be informed and a new delivery time shall be agreed.

If an assignment is not commenced, progressed or completed within the agreed period, and this is not due to circumstances attributable to the Customer, Busspart shall be responsible for the delay.

The Customer may then withhold payment as security for its claims until the assignment has been completed in full and may require Busspart to complete the assignment. If the delay is material, the Customer may terminate the agreement.

Ordering Services and Products

Orders for our products may be placed through our online store, by email or by telephone.

When an order is placed through the online store, an order confirmation is automatically sent to the buyer by email.

The prices stated on the invoice may differ from the prices stated in the order confirmation because any discount available to the buyer is deducted on the invoice and shipping costs and applicable VAT are added. The price stated on the invoice is the applicable price and must be paid.

The Customer is responsible for ensuring that the correct invoicing and delivery information is clearly stated when the order is placed.

The order must identify the paying party, the person placing the order, any payment reference, the recipient and delivery address, and the products and quantities ordered.

When ordering painted products and services, the Customer must also provide Busspart with colour codes specifically intended for painting.

Busspart does not guarantee that the colour will match the Customer’s vehicle, as differences commonly exist between paint suppliers’ interpretations of a colour and the composition of the paint.

The vehicle’s colour before painting also affects the comparison. In addition, paint changes over time as a result of ultraviolet radiation, regular washing and similar factors.

A colour sample sent to Busspart will provide the best result but may affect the delivery time.

The Customer is responsible for ensuring that its representatives are authorised to order services and products from Busspart. The Customer is therefore responsible for informing anyone placing orders of any internal spending limits or approval rights applicable within the Customer’s organisation.

Cancellations must be made immediately in order to minimise the impact on the parties.

Busspart nevertheless reserves the right to charge full payment for work already commenced, including completed painting work, shipping costs and similar expenses.

Returns

Where products are returned due to an incorrect order, all shipping costs shall be paid by the Customer.

Busspart does not accept returns of painted products unless otherwise agreed.

A return must be made within 14 days of the date on which the product was received. Before returning the product, the Customer must contact us and obtain approval.

For a return to be approved, the product must:

• have been purchased from Busspart;
• be a product normally held in stock, although specially ordered products may be accepted for return in individual cases; and
• not have been installed, used or damaged.

Performance of Services

Busspart performs services in accordance with the Customer’s order.

Busspart determines the choice of materials, products and spare parts unless the Customer specifically states otherwise in the order.

Busspart uses materials and methods that are suitable for the intended purpose and are well established, or that comply with the vehicle manufacturer’s instructions.

If work is required that is not covered by the original assignment but, due to its connection with the assignment, is appropriate to carry out at the same time, the Customer’s instructions shall be obtained.

If the Customer cannot be reached within a reasonable period, Busspart may nevertheless carry out the additional work if the price is low in relation to the price of the originally agreed assignment or if there are special reasons to assume that the Customer would want the additional work to be carried out.

Vehicle Storage Costs

If a repair assignment cannot be commenced despite Busspart having fulfilled its obligations, and the nature of the damage means that the vehicle must be stored, a storage fee shall be charged.

A separate storage fee shall also be charged from the first working day following the agreed delivery date or, if no specific delivery date has been agreed, normally from the second working day after the Customer has been informed that the vehicle is ready for collection.

The above also applies in the case of insurance damage. The Customer may be entitled to reimbursement of the storage costs from its insurance company.

Product Information

Information on the website and in catalogues, brochures and similar materials has been carefully and thoroughly prepared but is not claimed to be complete.

Claims for compensation and consequential losses arising from such information will not be accepted.

Drawings, images and technical descriptions relating to our products or their manufacture that are provided by one party to the other shall remain the property of the party providing them.

Without the consent of the other party, such materials may not be used for any purpose other than the purpose for which they were provided. They may not be copied, disclosed or otherwise made available to third parties without consent.

Stock availability information may be inaccurate due to delayed updates.

Warranties

Body Parts

Busspart provides a full warranty for all products in respect of durability, adequate fit and finish.

Busspart will normally handle an approved warranty claim or complaint by replacing the defective product with a new or alternative product at no cost to the Customer, provided that Busspart has approved the warranty claim or complaint.

By durability and adequate fit, Busspart means that the product corresponds to the original product.

By finish, Busspart means that the exterior of the product corresponds to an original product, although the interior may differ.

Painted products may contain isolated minor runs or dust inclusions.

For intellectual property reasons, certain products have been modified and may therefore differ in appearance from the original product, although not in terms of fit.

Services

For painting services, Busspart provides a full warranty of one year for the paint applied by Busspart.

For services, a warranty of three months is normally provided for the services delivered.

Equipment, hardware or software supplied by Busspart is covered by a warranty corresponding to the supplier’s warranty.

For the assembly or installation of equipment provided by the Customer, a one-year warranty is provided for the assembly or installation itself, but no warranty is provided for the equipment, hardware or software.

Remedies for Defects

Busspart undertakes, without unnecessary delay and after the Customer has given Busspart an opportunity to do so, to remedy a defect in completed work free of charge.

This obligation does not apply if remedying the defect would cause inconvenience or costs to Busspart that are unreasonably high in relation to the significance of the defect to the Customer.

The defect shall be remedied within a reasonable period.

In respect of defects that the Customer should have noticed upon receipt, the Customer must inform Busspart of the defect immediately and no later than seven days after receipt.

If the Customer fails to inform Busspart within this period, the Customer loses the right to have the defect remedied.

A defect shall be determined through a professional assessment of whether the product or service deviates from the normal standard.

Busspart’s responsibility for defects also applies to incorrect deliveries where the Customer has not been provided with sufficient information to reasonably understand that an incorrect delivery has occurred.

The Customer is responsible for checking that the correct product for the intended purpose has been received.

Busspart’s responsibility applies only to defects arising during proper use and handling.

It does not cover defects caused by circumstances occurring after receipt. In particular, it does not cover defects caused by inadequate maintenance, unsuitable storage conditions, incorrect installation, incorrectly performed repairs, normal wear and tear, or deterioration.

Busspart’s responsibility for defects means that Busspart may, at its own discretion, repair or replace the defective product.

Repair or replacement may be carried out at the Customer’s premises, or the Customer shall send the product to Busspart if requested to do so by Busspart.

The defect shall be remedied within a reasonable period, taking the Customer’s needs into account, from the date on which the Customer submitted a claim relating to the defect and made the goods available.

Replaced goods and products shall be made available to Busspart and shall remain Busspart’s property.

Except as described above, Busspart has no responsibility for defects.

Complaints and Claims

If a complaint or claim is not submitted in time, the defect may not be invoked against Busspart.

A complaint or claim relating to a lost or damaged product must be submitted without unreasonable delay after the loss or damage was discovered or should have been discovered.

This also applies to complaints relating to products with inadequate fit or finish.

The following shall apply in particular:

For visible damage, a complaint must be submitted immediately upon receipt of the shipment to:

• Norway: info@busspart.no
• Denmark: info@busspart.dk
• Sweden and other countries: info@busspart.se

Delays must be reported within seven working days of the date on which the shipment was received.

In the event of a shortage or damage that is not visible, a complaint must be submitted within seven working days of receipt of the shipment.

If this is not done, the party submitting the complaint is responsible for demonstrating that the damage or shortage occurred before receipt.

Complaints may not be submitted later than six months after delivery, except where a corresponding longer warranty has been provided.

At Busspart’s expense, the Customer must be prepared to send the product subject to the complaint to Busspart.

Liability

In accordance with the provisions below, Busspart undertakes to remedy any defects caused by deficiencies in workmanship or materials that existed on the delivery date.

The Customer undertakes to indemnify and hold Busspart harmless against all costs and any other damage or loss incurred as a result of the Customer’s use of products in breach of these terms and conditions.

Busspart shall not be liable if a fault or defect in a product is caused by circumstances beyond Busspart’s control that Busspart could not reasonably have been expected to anticipate when the service or product was provided and whose consequences Busspart could not reasonably have avoided or overcome.

Busspart’s liability is limited to the amount paid by the Customer for the service during the invoicing period in which the damage occurred.

Under no circumstances shall Busspart be liable for indirect or consequential loss, including loss of commercial profit, downtime costs, loss of market or any other similar damage or loss.

Busspart shall not be liable for services performed or products that have been damaged or become defective as a result of external influences.

Liability for Vehicles

Busspart is responsible for ensuring that the vehicle is not damaged while work is being carried out.

Busspart shall not be liable if it can demonstrate that the damage was not caused by negligence on the part of Busspart or was caused by circumstances that Busspart could not have foreseen.

Busspart shall only be responsible for items left in the vehicle that do not form part of its standard equipment if a separate agreement concerning such items has been entered into.

Busspart’s responsibility ends when the vehicle has been collected and the keys have been handed over to the Customer, or when the vehicle has been placed in an agreed location at the Customer’s request.

Where Busspart has undertaken, whether for payment or otherwise, to transport the vehicle to or from Busspart, responsibility passes to Busspart when the keys and vehicle have been handed over.

Busspart shall carry out the transport in accordance with applicable rules and regulations. At Busspart’s request, the Customer shall provide any vehicle-specific information considered necessary for the use of the vehicle.

Unless otherwise agreed, all costs associated with the transport, including fuel costs, road charges and any damage, shall be paid by the Customer, provided that Busspart can be considered to have carried out the transport in the manner required of it.

User and Account Information

To register an account, the Customer must contact Busspart.

Account and login details will then be provided to the Customer, who can use “My Account” to manage recent orders, delivery and invoicing addresses, passwords and account information.

The Customer is responsible for managing login details and access to its Busspart account in a manner that prevents unauthorised access.

If the Customer suspects that these details may have been disclosed to a third party, Busspart must be informed without delay.

Where a separate agreement has been entered into, unauthorised access to the account shall be regarded as a breach of the confidentiality clause in that agreement and shall be handled in accordance with the terms of the agreement.

Personal Data

When placing an order and/or registering an account, you consent to our storing and using your information in our business in order to perform and provide the services you can expect from us.

All processing of personal data is carried out in accordance with the General Data Protection Regulation.

The information you provide about yourself is used by busspart.com and our business partners for payment and delivery purposes.

We guarantee that no information about you will be sold or passed on to third parties. More information about how we process your personal data is available in our privacy policy.

We reserve the right to cancel orders containing incorrect personal information or where the customer has a record of non-payment.

Copyright

All content presented on Busspart.com or on social media, including text, graphics, logos, images, audio clips, digital downloads and other software, belongs to Busspart or our suppliers and is protected by Swedish and international copyright laws.

Code of Conduct

At Busspart, we are committed to ensuring that our business is associated with high moral standards and good business ethics. This also affects our business partners.

Busspart has defined its requirements and principles for cooperation with its business partners, particularly those relating to compliance with ethical standards, applicable laws and integrity.

Business partners include all companies that supply goods to or have a business relationship with Busspart.

Busspart expects its business partners to implement the principles set out in the Code of Conduct throughout their organisations.

The Code of Conduct enables us to engage in a more in-depth dialogue with our suppliers regarding these requirements, thereby mutually increasing our knowledge of responsible purchasing and deepening our cooperation in areas such as business ethics, human rights, climate and the environment.

Early Termination of the Agreement

Either party has the right to terminate the Agreement with immediate effect in the following circumstances:

• the other party has materially failed to fulfil its obligations and has not remedied the failure within a reasonable period after being notified;
• the other party has entered into liquidation, filed for or been declared bankrupt, commenced corporate restructuring or composition proceedings, suspended its payments, or may otherwise reasonably be presumed to be insolvent; or
• the other party is more than ten days late in making a payment after the due date and has not remedied the failure within a reasonable period after being notified.

If the Agreement is terminated early by Busspart in accordance with this section, the Customer shall not be entitled to a refund of payments already made.

All products that have not been paid for remain the property of Busspart and must be returned to Busspart without unreasonable delay.

If the Agreement is terminated in the ordinary manner, fees paid for a service or product shall be refunded to the extent that the fees relate to the period after the Agreement has ended in respect of that service.

Disputes

Any dispute arising from these terms and conditions and/or this Agreement shall be settled by arbitration administered by the Arbitration Institute of the Gothenburg Chamber of Commerce.

The Arbitration Institute’s rules for expedited arbitration shall apply unless the Arbitration Institute, taking into account the complexity of the case, the value of the subject matter of the dispute and other circumstances, determines that the rules of the Arbitration Court of the Gothenburg Chamber of Commerce shall apply to the proceedings.

The Arbitration Institute may determine whether the arbitral tribunal shall consist of one or three arbitrators.

Busspart nevertheless reserves the right to bring proceedings before a court of general jurisdiction in respect of overdue claims.

Swedish law shall apply.

The arbitrator’s decision or award shall be binding on the parties and may be enforced by judgment of a court of competent jurisdiction.