Terms & Conditions B2B Tellkiddo
The following general terms and conditions of sale shall apply for all sales from TELLKIDDO AB unless otherwise agreed in writing in the specific case.
- These terms are not and shall not be construed as a distributorship or agency agreement or any similar agreement between TELLKIDDO and the customer, but merely as terms for any sale and delivery of the products made by TELLKIDDO to the customer.
- All prices are exclusive of any tax or duty such as VAT or sales tax, import duty etc. The customer shall pay any taxes and duties connected with the delivery from TELLKIDDO of the products sold.
- Unless explicitly agreed otherwise in writing with TELLKIDDO, all payments for the products shall be made by advance payment before delivery.
- The customer shall immediately after receipt of the products from TELLKIDDO examine all shipments and shall notify TELLKIDDO in writing within ten (10) business days after receipt of delivery of any shortage, error or faulty goods.
- The customer recognises and acknowledges that TELLKIDDO is the sole and absolute owner of the trademark TELLKIDDO including its figurative elements, no right, title or interest in or to the trademark is transferred to the customer except the non-exclusive and revocable right for the customer to use it when marketing the products sold to the customer by TELLKIDDO.
- The customer shall neither register nor have registered any of the trademark, trade names, logos or symbols of TELLKIDDO or any similar trademarks there to. The customer must not use the trademark in any other way than explicitly is allowed under these terms. For example, the customer must not use the trademark as part of its corporate name or register any domain names incorporating the trademark.
- TELLKIDDO's liability towards the customer is in all events expressly limited to replacing products or completing at its own cost any shortage in shipment notified to TELLKIDDO in writing as set out in writing above.
- The customer shall indemnify, defend and hold TELLKIDDO harmless to the extent TELLKIDDO incurs liability towards any third party in respect or due to the customer's sale of the products; or against any loss or liability arising out of any issue of the products; or of any wrongful or misleading statements or misrepresentation by any person, employee, servant or agent of the customer or any of its affiliates, or in any contract or promotional material of the customer, in either case concerning the quality, uses or attributes of the products or any of them.
- The customer shall at its own cost be responsible to fulfil any requirements, regulations and standards under the law in the customers’ jurisdiction that must be met concerning the products or otherwise. Thus the customer is responsible for fulfilling any local requirement in its jurisdiction, including but not limited to, that the products must be approved and registered and reports must be sent to local authorities.
- A party shall not be responsible for losses or damages by reason of industrial disputes or of any circumstances outside the reasonable control of that party or which that party could not have reasonably foreseen.
- The sale and delivery of the products, these terms and the parties relationship in general shall be governed by Swedish substantive law without its conflict of law rules
- Any dispute, controversy or claim arising out of or in connection with the sale and delivery of the products, shall be finally settled by arbitration in accordance with the arbitration rules of arbitration institute of the Stockholm chamber of commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in arbitral proceedings shall be Swedish.
By submitting the order and paying the invoice, the customer agrees to the terms and conditions above.