General Terms & Conditions

Oqema AB's General Terms and Conditions of Sale and Delivery 

1.Application 

1.1 All sales and deliveries from OQEMA AB are subject to the following general terms and conditions of sale and delivery, which shall be considered an integral part of the agreement between OQEMA AB and the Customer. 

1.2 Any deviation from these terms and conditions of sale and delivery must be agreed in writing to be valid. This also applies to any purchase conditions of the customer. These shall only apply if they have been accepted in writing by OQEMA AB. In the event of any conflict between these terms and conditions of sale and delivery and the customer's terms and conditions of purchase, these terms and conditions shall prevail. 

2. Conclusion of the contract 

2.1 The Customer's order shall not be binding on OQEMA AB until an order confirmation has been issued to the Customer. Any communication from OQEMA AB to the Customer prior to the order confirmation shall only be considered as an invitation to the Customer to submit a tender. 

2.2 The object of sale shall be the products specified in OQEMA AB's order confirmation. OQEMA AB is therefore only obliged to deliver the products specified in the order confirmation. This also applies in the event of discrepancies between the customer's order and the order confirmation. 

3. Payment and interest 

3.1 The full invoice amount shall always be paid. The Customer shall not be entitled to set off any claims against OQEMA AB against the purchase price. 

3.2 If the Customer fails to pay on time, interest shall be added 30 days from the due date on the overdue amount at the interest rate applicable from time to time under the Swedish Interest Act. 

4. Reservation of title 

4.1 The ownership of the delivered products shall remain with OQEMA AB until the delivered products have been paid in full. 

5. Delivery and risk transfer 

5.1 Delivery shall be made under separate agreement with the Customer and risk in the Products shall pass to the Customer in accordance with the latest edition of the INCOTERMS delivery clauses. 

5.2 When delivering goods manufactured according to the customer's specification or purchased according to a special order or when delivering in bulk (tankers, etc.), OQEMA AB is entitled to deliver +/- 10% of the agreed quantity. 

6. Delay and errors 

6.1 Unless otherwise agreed, a delay in delivery of up to 2 weeks from the agreed delivery date shall be considered as timely delivery. In the event of delayed delivery, OQEMA AB's liability shall be limited to 10% of the invoice value of the delayed products, but not more than SEK 50,000. 

6.2 If the delivered products are defective, OQEMA AB may, at its discretion, take measures to remedy the defect or make a proportionate reduction. Only in cases where OQEMA AB does not take such action or make a proportionate reduction shall the Customer be entitled to claim compensation for the defects. 

6.3 In no event shall OQEMA AB be liable for any losses and costs, including operating losses, loss of profit or other indirect losses suffered by the Customer in the event of delayed or incorrect delivery. 

6.4 OQEMA AB shall in no case be liable for losses and costs arising from differences in color, shade and gloss in the finished products of which the products supplied by OQEMA AB have become a part or have been mixed with. 

7. Duty to inspect and time limits for complaints 

7.1 Upon delivery, the customer shall carry out a proper inspection of the delivered goods. Any visible or immediately ascertainable defects or deficiencies that have occurred during transportation must be notified to the carrier at the time of delivery and the customer must ensure that the carrier confirms this. Defects and deficiencies that the customer could have discovered during an inspection of the delivered goods or that are not notified to the carrier cannot be invoked later. 

7.2 The Customer loses all possibilities of redress for breach of contract due to delay or defect if a written complaint has not been received by OQEMA AB within 7 days of receipt in the case of a visible defect and in the case of a hidden defect or delay within 7 days of the time when the Customer became or should have become aware of the defect or delay.

7.3 The Customer will forfeit its remedies if no complaint is made within 12 months from the time of delivery. 

8. Product liability and compensation 

8.1 OQEMA AB's product liability for commercial damages caused by defects in the delivered products that occur after the Customer has received the products, including damages to or caused by products manufactured by the Customer or products in which the products delivered by OQEMA AB are included, shall in all cases be limited to a maximum of SEK 1,000,000 per damage or serial damage. The value of the delivered products shall always be deducted from the compensation. 

8.2 In no event shall OQEMA AB be liable for the Customer's indirect losses, including operating losses, loss of profit or other consequential financial losses. Nor shall OQEMA AB be liable in any case for losses, expenses or costs in connection with repatriation, recall or withdrawal, repair, return, destruction or removal of defective products supplied by OQEMA AB or defective products containing products supplied by OQEMA AB. 

8.3 The Customer shall indemnify OQEMA AB to the extent that OQEMA AB is held liable to third parties for such damage and loss for which OQEMA AB is not liable to the Customer under Clauses 8.1 - 8.2. 

8.4 OQEMA AB shall in no case be liable for damage caused by the delivered products in the USA or Canada. If the Customer forwards OQEMA AB's product to the United States or Canada or uses OQEMA AB's product as part of its own product and this product is forwarded to the United States or Canada, the Customer shall be liable for any damage caused by the product in the United States or Canada. 

9. Force majeure 

9.1 In the event of force majeure, OQEMA AB shall be entitled to cancel the sale in question without liability to the Customer. 

9.2 Force majeure exists, inter alia, if OQEMA AB or its subcontractor and/or carrier is prevented from fulfilling the agreement due to war, civil war, insurrection, terrorism, government restrictions, import or export bans, blockade, strike, work stoppage, natural disasters, including but not limited to earthquake, storm surge, extensive flooding, torrential rain and volcanic eruptions or similar, which should not have been foreseen by OQEMA AB at the time of entering into the agreement. 

10. Applicable law and jurisdiction 

10.1 The agreement between OQEMA AB and the Customer, including the interpretation and implementation of these terms and conditions, shall be governed by Swedish law. 

10.2 Any disputes between OQEMA AB and the Customer shall be settled at Linköping District Court. 

10.3 If a third party takes legal action against OQEMA AB in the event of the Customer's resale of OQEMA AB's product or a product of which the products supplied by OQEMA AB have been made a part or mixed with, the Customer shall, at OQEMA AB's request, be obliged to appear before the court dealing with the claim against OQEMA AB. However, the mutual relationship between OQEMA AB and the customer shall also in this case be governed by Swedish law, including these terms of sale and delivery. 

OQEMA AB, Linköping April 2026