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EFUEL Partner – General terms and conditions

Electric Fuel Infrastructure Sweden 2 AB Sales Conditions - Effective from March 1, 2023.

1. General These terms ("the Terms") apply to all sales from Electric Fuel Infrastructure Sweden 2 AB, hereinafter referred to as "EFUEL", to its customers, hereinafter referred to as "Customer", (collectively referred to as “Parties” and individually as “Party”) unless otherwise agreed in writing.

EFUEL's Customers consist of its resellers, who market/sell EFUEL's products to end customers. There is an annual minimum purchase level of 7,000 SEK, calculated per calendar year. EFUEL reserves the right to deactivate the account of Customers who do not meet the minimum purchase level.

Definitions: In these General Sales Conditions, the following terms shall have the meanings set forth below: “Terms” refers to these sales conditions. “Website” refers to efuel.se and its subpages. “Industry Terms” refers to ALEM 09. “Contract Customers” refers to customers who have entered into a specific framework agreement where certain conditions replace or complement these Sales Conditions. “CE” abbreviation for “Customer Excellence” and refers to EFUEL's customer service.

1.1 Contract Documents In the event of conflicting information or regulations, the documents shall take precedence in the following order, unless otherwise expressly stated:

The specifically written agreements between the parties, if any, such as Contract Customers. These Sales Conditions. Applicable Industry Terms. 2. Sales Conditions

2.1 Prices The current price list applies at each order occasion, statutory value-added tax is added. EFUEL reserves the right to adjust the agreed price or make corrections to the price list due to changes in currency, production, raw material, administration, supplier, subcontractor, or transport costs. EFUEL also reserves the right to make necessary price adjustments due to changes in applicable charges, e.g., environmental fees, other fees, or taxes.

2.2 Payment Terms Customers with approved credit (which can be obtained after a credit check) have the option to purchase on invoice where payment must be made within 20 days from the invoice date. Contract Customers may obtain different payment terms. The invoice is delivered free of charge in PDF format by email as standard. E-invoice is available as an option. Interest on overdue payments after the invoice due date is charged at the Swedish National Bank's reference rate +8% and a reminder fee of 60 SEK.

2.3 Other Payment Terms EFUEL reserves the right to set and change the credit limit for the Customer. Furthermore, EFUEL has the right to request advance payment, offset outstanding credits, terminate the Customer's account, or cease to deliver under these Terms if the Customer is bankrupt or under reconstruction, has suspended payments, repeatedly paid invoices late or not at all, or otherwise there is reason to believe that the Buyer is insolvent or otherwise breaches these Terms.

Customers who do not have credit or if the credit limit is exceeded have the option to make an advance payment or pay by card before the order is shipped.

2.4 Shipping Cost Delivery is free of charge according to delivery terms INCOTERMS® 2020 DAP (delivered at the specified place), with reservations for what is described in 2.4 Handling Fee and for larger orders sent by pallet freight. EFUEL reserves the right to charge a pallet fee of 500 SEK per pallet (maximum fee 1500 SEK regardless of the number of pallets). This also applies if an individual package exceeds 35 kg or has dimensions over 150 cm. This cost is not shown on the order confirmation but only on the invoice to the Customer.

2.5 Handling Fee For orders under 1000 SEK (excluding VAT, shipping, and other fees), EFUEL reserves the right to charge a handling fee of 160 SEK. This cost is not shown on the order confirmation but only on the invoice to the Customer. EFUEL reserves the right to invoice additional shipping costs according to 2.4 Shipping Cost and 2.5 Handling Fee separately afterwards.

2.6 Product Information on the Website EFUEL reserves the right for possible image and typing errors on the Website. EFUEL has the right to correct any errors and to update or change the information on the Website. If an incorrect price has been stated for an item that the Customer has ordered, the Customer will be informed and EFUEL will await the Customer's approval of the amended price before the Customer's order is sent.

Images and other information on the Website should only be seen as illustrations, and EFUEL does not guarantee that the images accurately reflect the exact appearance or functions of the product. Some color variation may occur depending on resolution, photo quality, and monitor.

2.7 Cancellation of Order It is possible to cancel an order until the order is processed by the warehouse. If the Customer changes their mind after this point, the Customer needs to make a return (see below under section 4 Return).

2.8 Account Details If the Customer uses login via the Website, the Customer is responsible for maintaining the secrecy of their account and password and, to the extent permitted by applicable law, agrees to accept responsibility for all activities that occur under their account. The Customer must take all necessary measures to ensure that the password is kept secret and secure. The Customer must inform EFUEL immediately if the Customer has reason to believe that someone else is aware of the password or if the password is being used, or is likely to be used, in an unauthorized manner. EFUEL reserves the right to deactivate an account if there is suspicion that the account is being used in an unauthorized manner. EFUEL will immediately inform the Customer of such suspicion and reactivate the account after the Customer has re-secured that account information and password are secure.

2.9 Address and Delivery Details The Customer is responsible for ensuring the correct delivery and billing address for their account. In the event of incorrect delivery or billing details in connection with a placed order, EFUEL reserves the right to charge an administration fee of 160 SEK.

2.91 Reservation of Title EFUEL reserves the right to take back sold products, which should be kept separate from the Customer's own goods and clearly marked as EFUEL's products, until the Customer has fulfilled all payment obligations according to these Terms.

3. Delivery Terms EFUEL follows the general delivery provisions described in ALEM 09 and INCOTERMS® 2020 DAP (delivered at specified place), with reservations for what is described in section 2.4 Shipping Cost and 2.5 Handling Fee. The Customer is responsible upon receipt to confirm that delivered products correspond to the order confirmation and delivery note. If products are missing from the order, the Customer should inform EFUEL as soon as possible and no later than 14 days after delivery. If the claim is made later, the Customer is considered to have forfeited their right to make a claim.

3.1 Delivery Method Delivery within Sweden is made by either Schenker, DHL, or another forwarder. EFUEL reserves the right to change the delivery method chosen by the Customer. Orders placed before 07:00 on weekdays are usually sent the same day from EFUEL's warehouse.

Upon receipt of delivery, identity verification may be carried out on the recipient, and either an ID card or Service ID must be shown, and the shipment must be signed by the recipient. This is to prevent fraud and protect the Customer's shipment. EFUEL is not responsible for ensuring that identity verification has been performed in the event of a dispute or that the shipment has been acknowledged by the customer.

If delivery by courier cannot be made, e.g., because the office is closed or other similar obstacles, the goods are returned to EFUEL and will be sent to the recipient's address with a transporter chosen by EFUEL. EFUEL reserves the right to charge a fee of 160 SEK. This also applies if the shipment is not collected at the agent and is therefore returned to EFUEL.

3.2 Backorders and Partial Deliveries The Customer can place an order for products that are temporarily out of stock ("Backorder") except as stated below.

However, EFUEL reserves the right to deny Backorders from the Customer, this may, for example, be the case for products where availability and price level vary greatly or that the product has been discontinued.

When a Customer orders a product that is temporarily out of stock, EFUEL reserves the right to deliver the entire order when all goods are back in stock. However, with two exceptions:

Partial delivery is specifically requested by the Customer for a given order. In rare cases where EFUEL reserves the right to decide on partial delivery, for example, if the delivery prognosis from the supplier is uncertain or changes. In the case of partial delivery, it is always clearly stated on the delivery note which products have been delivered and what remains to be delivered at a later date.

3.3 Transport Damages The recipient must, upon receipt, check the goods and confirm that the number of packages corresponds to the freight document and order confirmation. Visible transport damages to the goods must always be reported directly by the recipient to the carrier. For a claim regarding transport damages to be valid, any freight discrepancies must be noted on the freight document and countersigned by the driver directly upon delivery. Thereafter, the Customer should inform EFUEL according to 3.5 Complaints for Transport Damage and Lost Goods. In addition, any non-visible transport damages, i.e., damages that may have occurred due to handling but are not visible on the packaging upon receipt, must be reported to EFUEL within 5 days after receipt according to 3.5 Complaints for Transport Damage and Lost Goods.

3.4 Lost Goods If a delivery from EFUEL's warehouse has been confirmed but the goods have not been received within what is considered normal delivery time, the Customer should, as soon as possible but no later than within 14 days from the date the order was placed, report this to EFUEL through contact with CE (Customer Excellence). EFUEL will initiate a claim against the carrier and provide the Customer with the missing items. A standard police report will be made, and the Customer is expected to assist in resolving any dispute.

3.5 Complaints Regarding Transport Damage and Lost Goods For complaints of transport damage or lost goods, the Customer must always contact CE and obtain an RMA number (RMA-ID) for the complained shipment. If the conditions according to § 3.3 Transport Damages and § 3.4 Lost Goods are followed, the responsibility will then transfer to EFUEL, and the Customer will be provided with new products.

§ 4 Returns

4.1 General Returns are accepted if a return request is made within 30 days from the invoice date. All products being returned must be assigned a return number ("Return-ID") and sent with a return shipping label provided by EFUEL, which the Customer either applies for in a logged-in state on the Website or is assigned by CE. If the Customer intends to exchange a returned product for a new product, this is done separately by placing a new order via the Website. The return shipping label is usually sent by email unless otherwise requested.

The return number and shipping label are valid for up to 10 days after issuance. A return fee of 160 SEK applies to all returns. For returns where the total sales price of the returned goods exceeds 40,000 SEK, EFUEL reserves the right to charge a return fee of 10% of the total sales price of the returned goods.

Goods arriving at EFUEL unmarked, sent with the Customer's own shipping label, without a valid return number, or not corresponding to the return number will be returned to the sender without action. Return shipping will be charged to the sender.

Products returned must be in complete, faultless original packaging with all accessories. To avoid transport damage, the original packaging or shipping packaging approved by the carrier should be used. In cases of transport damage caused by inadequate packaging, or if the item is not complete with faultless original packaging and all accessories, EFUEL will resend the item to the sender and charge an administration fee of 160 SEK, and return shipping will be charged to the sender.

For returns due to errors on EFUEL's part (such as delivery of the wrong product, wrong quantity of products, etc.), no fee applies. However, the return must be approved by CE, assigned a return number, and returned according to the guidelines in these Conditions.

4.2 Credit for Returned Goods Credits for returned goods are issued at the price the Customer was invoiced for the item, minus the return fee of 160 SEK, and if applicable, 10% of the total sales price of the goods. Credit is issued upon receipt of the return, provided that the return meets the conditions in section 4 Returns, and may take up to 30 days.

Using the return number implies acceptance of the above conditions regarding returns.

5. Complaints and Warranty

5.1 General All products being complained about must be assigned an RMA number ("RMA-ID") and sent with a shipping label provided by EFUEL, which the Customer either applies for on the Website or is assigned by CE. The RMA number and shipping label are valid for up to 10 days after issuance.

Usually, a replacement product is sent to the Customer along with a return shipping label for the complained product upon approval of the complaint, although EFUEL reserves the right to handle this differently. All complained products and any accessories or products provided by EFUEL affected by the action for the complained product must be returned to EFUEL within 30 days from the approval of the complaint case.

To avoid transport damage, the original packaging or shipping packaging approved by the carrier should be used. Transport damage caused by inadequate packaging is not covered by EFUEL's warranty.

Goods arriving at EFUEL unmarked, sent with the Customer's own shipping label, without a valid RMA number, or not corresponding to the RMA number will be returned to the sender without action. Return shipping will be charged to the sender.

The warranty period from each manufacturer's warranty promises applies. The warranty promises can be found on each manufacturer's website or product sheet. The warranty period is calculated from the invoice date.

Issuing an RMA number does not imply that EFUEL has approved the complained product for potential action.

If EFUEL receives a product for action and it does not show the faults the Customer has stated, EFUEL reserves the right to charge the Customer a troubleshooting fee of 160 SEK and return shipping.

EFUEL reserves the right to decide whether a complained product should be repaired, replaced with an identical or equivalent product, or credited if the product is no longer in the assortment.

EFUEL reserves the right to refer the Customer to an external service partner in or outside Sweden for exchange/repair of the defective item. In both cases, the Customer bears the shipping cost. For complaints that have been addressed and then not collected by the Customer, resulting in the return of the item to EFUEL, EFUEL reserves the right to charge an administration fee of 160 SEK.

Using the RMA number implies acceptance of the above conditions regarding the return of complained products.

5.2 Credit for Replacement Products in Complaints Credits for replacement products in complaints are issued at the price the Customer was invoiced for the replacement product. Credit is issued upon receipt of the defective product, provided that the return and complaint meet the conditions in section 5 Complaints and Warranty.

5.3 Return of Complained Products If the Customer does not return complained products according to § 5.1 General, EFUEL will not credit the invoice for the replacement products. Consequently, the Customer will be obligated to pay the invoice.

6 Responsibility

6.1 Limitation of Liability EFUEL is only responsible for direct damages arising as a result of EFUEL's breach of these Conditions, negligence, or other actions. EFUEL shall not be liable to the Customer for lost profits, reduced or interrupted business operations, missed business opportunities, loss of data, loss of "goodwill," or any other indirect or consequential damages. The total liability of EFUEL shall never exceed (a) the amount limitation stipulated in the applicable Industry Conditions, or (b) if no such amount limitation is stipulated, 10% of the net price of the Product. The above limitations shall not apply in the case of a loss caused by EFUEL's gross negligence or intentional breach.

Any claims for damages must be made against EFUEL as soon as possible, but no later than six (6) months from the time the basis for the claim arose. If the claim is made later, the Customer is considered to have forfeited their right to make a claim, and EFUEL is free from liability for compensation.

6.2 Force Majeure A Party is exempted from penalty for failure to perform a certain obligation under these Conditions, if the failure is based on a circumstance of the kind specified below ("Exempting Circumstance") and if the circumstance prevents, significantly complicates, or delays its fulfillment. As Exempting Circumstance shall be considered, among others, government action or omission, state interventions, new or amended legislation, labor market conflict, aggravating circumstances, blockade, fire, natural disaster, major accident, war, mobilization or military conscriptions of a corresponding extent, pandemic, epidemic, riot, shortage of means of transport, general scarcity of goods, currency restrictions, restrictions in the supply of driving force, and any other similar circumstance beyond the parties' control, including errors in, absence of, or delay in deliveries from suppliers or subcontractors caused by such Exempting Circumstances.

If a Party wishes to invoke an Exempting Circumstance, the Party shall immediately notify the other Party when there is a risk that an obligation under these Conditions cannot be fulfilled or will be delayed. Failure to give such notice in time entails an obligation to compensate for the damage that could have been avoided if timely notice had been given.

When a Party sets aside its obligations with the support of this § 6.4, the time for fulfillment shall be extended by the time the circumstance entails. Each Party has the right to terminate the obligations under these Conditions with three (3) months' notice if the fulfillment of the Conditions is delayed for more than three (3) months.

6.3 Applicable Law and Disputes Swedish law shall apply to these Conditions. Disputes concerning the application of these Conditions or related issues shall primarily be resolved through negotiation and agreement between EFUEL and the Customer. Any disputes arising in connection with the Conditions shall be finally settled by a Swedish general court, with Stockholm District Court as the first instance.

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