Terms and Conditions

Business information

The content of this online store is provided, updated and managed by the following companies:

Diwiton AB
Batterivägen 4
461 38 Trollhättan
Sweden

Organisations number: 5565400636
Phonenumber: +46(0)10-199 81 00
Mail: info@diwitonmarine.se

1 PRICES

1.1 Prices quoted are delivery INCOTERMS 2020 CPT in accordance with the pricelist valid at date of order
1.2 Prices are in SEK or EUR
1.3 Diwiton reserves the right to make price adjustments with a notice of 30days, direct cost increase, caused by incidents out of Diwiton's control, Diwiton reserves the right to make immediate price adjustments.

2 PAYMENT TERMS

2.1 Normal payment term is payment in advance.
2.2 Invoices are issued upon delivery CPT INCOTERMS 2020.
2.3 Minimum invoice value exclusive of VAT and freight charges is SEK 500,-. Diwiton reserves the right to levy a handling charge on all orders of net value less than SEK 500,-.
2.4 A fee for invoices on paper will be charged.

3 DELIVERY

3.1 Terms of delivery are CPT INCOTERMS 2020.
3.2 Delivery times in quotations are not binding and subject to goods being available at the time of order.
3.3 The actual delivery time is informed in the order confirmation. The delivery time may change if information, requirements from Buyer changes.
3.4 The scope of delivery is confirmed in the order confirmation.
3.5 If no written confirmation is received latest 10 days after Buyer’s receipt of the order confirmation, Buyer shall be deemed to have accepted the scope.
3.6 No work on any order will be started before all agreed financial terms are met by Buyer.
3.7 Any changes in the order a few weeks before delivery normally cause a delay
3.8 Late delivery does not give the customer the right to cancel the order.
3.9 Diwiton cannot be held liable for costs incurred by the customer in the event of a delay

4 PACKING

4.1 Products will be delivered in standard packaging which shall be in a manner consistent with the usual and customary form of packaging for commercial shipment.
4.2 Packaging costs are normally included, but will be invoiced if special packaging is required.

5 MARKING

5.1 Marking on shipments, boxes and pallets and information on blankets forms not within Diwiton’s standard will be invoiced.

6 CANCELLATION AND CHANGE ORDER FEE

6.1 Diwiton reserves the right to invoice a cost upon cancellation of an order
6.2 Buyer may by written notice to Diwiton cancel the order in full or partly, whereupon Diwiton will confirm acceptance and cease the performance of the work and/or the delivery.
6.3 In case of cancellation of an order or for parts thereof, Diwiton can charge a cancellation fee.
6.3.1 30 or more days before delivery date: 50 % of the order amount that relates to the cancellation.
6.3.2 Less than 30 days before delivery date: 75 % of the order amount that relates to the cancellation.
6.4 Only Diwiton's standard products can be subject to changes or cancellation. Specially made products, modified standard products, products that have already been configured or built in or third party products cannot be changed or cancelled.
6.5 In case the Buyer desires to change the scope of supply including but not limited to amendments in volume, type of supply, quality, delivery date or any other matter, less than 28 (twenty-eight) calendar days before agreed delivery date, Diwiton reserves the right to charge a fee.
6.6 Any cancellation or changes to orders are not regarded as validly made, until explicitly accepted and confirmed in writing from Diwiton.

7 RETENTION OF TITLE/SECURITY FOR UNPAID PURCHASE

7.1 To the extent applicable under law, all deliverables from Diwiton shall be covered by Retention of Title ("ROT") including similar legislation (e.g. security for unpaid purchase).
7.2 All materials provided by Diwiton are the property of Diwiton until full payment is made
7.3 The Buyer is not entitled to sell or in any way transfer, process or join the goods with other items without Diwiton's explicit consent to do so, as long as the goods are comprised by the ROT.
7.4 If the buyer does not pay, diwiton has the right to take back the item, the buyer is obliged to return the goods to Diwiton.
7.5 Buyer is at Buyer’s own expense obligated to insure goods that are included in the ROT to the extent of damage, fire, thievery, water damage and similar events that may reduce the value of the goods.

8 LOSSES OR DAMAGE IN TRANSIT

8.1 Insurance of the product during transport shall be subject to CPT INCOTERMS 2020. Diwiton shall not be liable for any loss, damage, delays, costs or other expenses incurred during or resulting from transportation. In such case, the Buyer shall immediately give both Diwiton and the Buyer’s agent a written notice of the deviations to substantiate any resulting formal claim.

9 WARRANTY

9.1 Diwiton warrants that the product sold by Diwiton substantially confirm with said product's written specifications for a period of up to 24 (twenty-four) months after shipment date if no external influence has affected the performance of the product
9.2 Delivered batteries are generally not covered by warranty.

10 CLAIMS

10.1 Notice of claims related to delivery shall be made to Diwiton by prompt written notice and no later 10 days after recieving.
10.2 The product must have been properly stored, installed and used to claim under the warranty.
10.3 Diwiton shall not be liable for claims that can be related to accidental or improper use, wrong installation, work performed by uncertified technicians, or from other circumstances beyond Diwiton’s control.
10.4 The product shall be returned to Diwiton, after a consent from Diwiton. The product shall be returned immediately, and no later than 14 days after Diwitons consent. Returned products without approval will not be accepted by Diwiton, and returned to Buyer at Buyer’s cost.
10.5 The return cost shipment is to be covered by the Buyer. Diwiton will cover the cost of shipment for replaced or repaired parts.
10.6 Diwiton decides whether a defective product or part thereof shall be replaced, returned to factory for repair or be repaired on board the vessel or on site.
10.7 If a defective product shall be returned to factory for repair or replacement, Buyer shall uninstall the product and reinstall it again after
10.8 If repair/change of a product is to be done on board the vessel or on site, Diwiton shall approve the technician doing the labour on behalf of Diwiton.
10.9 After the repair is done on board the vessel or on site, Diwiton will, based on the repair report, decide if the mentioned repair is a warranty matter or not. If it is a warranty matter, Diwiton will cover labour time up to 4 hours, and spare products to correct the fault. Service technician’s preparation, travelling time and travelling expenses, are for the account of the Buyer.
10.10 Repair or replacement of products or parts by Diwiton during the warranty period has no effect on the expiration of the warranty for a complete project

11 REMOTE SERVICES

11.1 Diwiton will charge an hourly rate if remote support is requested.Minimum debt is 1 hour.

12 ONBOARD SERVICES

12.1 Diwiton will charge an hourly or daily rate if onboard service.
12.2 Service engineer attending the service will produce an serivce report and will have this signed.
12.3 Onboard working hours is 11 hours per working day.
12.4 All travel time and travel costs are invoiced
12.5 Buyer’s shall assist with all services crew etc. required for Diwiton to perform the services.
12.6 Diwiton will invoice all hours used including any interruptions, waiting time etc

13 SPARE PARTS

13.1 Diwiton guarantees the availability of spare parts as long as Diwiton's supplier has parts

14 INTELLECTUAL PROPERTY RIGHTS

14.1 All Intellectual Property Rights pertaining to the products belong to Diwiton.

15 SOFTWARE

15.1 Terms for use of software are referred to the respective manufacturer
15.2 Diwiton shall not be liable for errors caused by software

16 PRECEDENCE OF DOCUMENTS

16.1 In case of disagreements, precedence shall be given to documents in the following order:
16.1.1 mutual written and signed agreements between Diwiton and the Buyer, which clearly set out amendments or supplements to these terms and conditions and what these amendments or supplements are;

then

16.1.2 the confirmation of the order from Diwiton

then

16.1.3 these terms and conditions.

17 LIMITATION OF LIABILITY

17.1 Except for gross negligence, wilful misconduct or other liability that cannot be excluded by mandatory law, Diwiton’s entire liability under these terms and conditions and under law including for negligence or under any indemnity or warranty, shall be limited to 100% of the amount, exclusive of VAT, other taxes and fees, actually paid or payable by the Buyer to Diwiton relating to the actual product and/or services that form the
17.2 Diwiton shall not be responsible to the Buyer for any loss of profits and/or indirect losses arising, such as but not limited to consequential damages

18 GOVERNING LAW AND LEGAL VENUE

18.1 All matters arising out of or relating to these terms and condition or the order, shall be governed and construed in accordance with the laws of Sweden.
18.2 Disputes shall be exclusively settled through the courts of Sweden.

19 Privacy Policy

19.1 When you place your order with us, you need to provide certain personal information. In connection with your order, you agree that we store and use your information in our business to fulfill the agreement with you. According to the General Data Protection Regulation (GDPR), you have the right to receive the information we have registered about you. If it is incorrect, incomplete or irrelevant, you can request that the information be corrected or deleted. In that case, contact us by e-mail.