Electric Fuel Infrastructure Sweden 2 AB General Terms of Sale - valid from March 10, 2025.
These terms and conditions (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 the "Parties" and individually as "Party") unless otherwise agreed in writing.
These Terms and Conditions replace all terms and conditions of sale previously applied by EFUEL as of the date indicated above. EFUEL reserves the right to unilaterally amend these Terms and Conditions. Any amendments will be published on EFUEL's official website (www.efuel.se) and will take effect immediately upon publication, unless expressly stated otherwise.
EFUEL's Customers are its resellers, who market/resell EFUEL's products to end customers. There is a minimum annual purchase level of 7000 SEK, this is calculated per calendar year. EFUEL reserves the right to suspend the account of Customers who do not meet the minimum purchase level.
By registering an account in the Partner Portal at efuel.se and by making purchases, the Customer accepts these Terms and Conditions.
Definitions: In these General Terms and Conditions of Sale, the following terms shall have the meaning set out below:
"Terms" means these Terms of Sale
"Website" means efuel.se and its subsites
"Customer Account" means the user account for making purchases on efuel.se and its sub-sites
"Industry Terms" refers to ALEM 09
"Contract Customers" means customers who have entered into a specific framework agreement where certain conditions replace or supplement these Terms of Sale
"CE" abbreviation of "Customer Excellence and refers to EFUEL's customer service
In the event of conflicting information or provisions, the documents shall take precedence in the following order, unless otherwise expressly stated:
The written agreements specifically concluded between the parties, if any, such as Contract Customers
These Conditions of Sale
Applicable Industry Conditions
At the time of each order, the applicable price list is applied, statutory value added tax is added. EFUEL reserves the right to correct the agreed price or make corrections to the price list due to changes in currency, production, raw material, administration, supplier, subcontractor or transportation costs. EFUEL also reserves the right to make necessary price adjustments due to changes in applicable charges, such as environmental charges, other charges or taxes. EFUEL reserves the right to adjust the applicable price list on an ongoing basis and notification is made through the reported price and price list applied at the time of the order.
When applying for a customer account, a customary credit check is carried out. Customers who have approved credit have the opportunity to trade against an invoice where payment must be made within 20 days of the invoice date. Contract customers can obtain other payment terms. The invoice is delivered free of charge in PDF format via e-mail as standard. E-invoice is available as an alternative.
Interest on arrears after the due date of the invoice will be charged at the Riksbank's reference rate +8% and a reminder fee of SEK 60.
EFUEL reserves the right to set and change the credit limit for the Customer. In addition, EFUEL is entitled to request advance payment, set off outstanding credits, terminate the Customer's account or cease to deliver under these Terms and Conditions if the Customer is bankrupt or under reconstruction, has suspended its payments, has repeatedly paid invoices late or not at all or if there is otherwise reason to assume that the Buyer is insolvent or otherwise violates these Terms and Conditions.
Customers who do not have credit or if the credit limit is exceeded have the opportunity to make an advance payment or pay by card before the order is sent.
Delivery is free of charge according to delivery terms INCOTERMS® 2020 DAP (delivered to named place), subject to section 2.5 Handling charge and 2.92 Territory and for larger orders shipped by pallet freight. EFUEL reserves the right to charge a pallet fee of SEK 500 per pallet. This also applies if an individual package exceeds 35 kg or has a dimension exceeding 150 cm. This cost is not stated in the order confirmation but only on the invoice to the Customer. For deliveries outside EFUEL's Territory, extra delivery costs may apply, see 2.92 Territory.
For orders under SEK 2,500 (excluding VAT, freight and other charges), EFUEL reserves the right to charge a handling fee of SEK 180 to cover freight, handling and environmental charges for smaller orders. This cost is not stated 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.
EFUEL reserves the right to make any visual and typographical 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 indicated for a product ordered by the Customer, the Customer will be notified and EFUEL will await the Customer's approval of the amended price before sending the Customer's order. Images and other information on the Website are for illustrative purposes only and EFUEL does not guarantee that the images reflect the exact appearance or functions of the product. Some color difference may occur depending on resolution, photo quality and monitor.
It is possible to cancel an order until the order is processed by the warehouse. If the Customer changes their mind after this time, the Customer will need to make a return (see below under section 4 Returns).
If Customer uses login via the Website, Customer is responsible for maintaining the confidentiality of its account and password and, to the extent permitted by applicable law, Customer agrees to assume responsibility for all activities that occur through Customer's 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 has obtained knowledge of the password or if the password is 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 inform the Customer immediately in case of such suspicion and reactivate the account after the Customer has ensured that the account details and password are secure.
The Customer is responsible for ensuring that the correct delivery and billing address is entered for their account. In the event of incorrect delivery or invoicing information in connection with an order, EFUEL reserves the right to charge an administration fee of SEK 180.
EFUEL reserves the right to take back products sold by EFUEL that are held in stock by the Customer. When these are kept in stock by the Customer, they shall be kept separate from the Customer's other goods and clearly marked as EFUEL's products, until the Customer has fulfilled all payment obligations under these Terms and Conditions.
EFUEL's primary Territory includes Sweden, Norway, Denmark and Finland. EFUEL reserves the right to unilaterally waive these Terms and Conditions in whole or in part if operations or deliveries take place outside this Territory. In the event of operations outside this Territory, EFUEL assumes other costs, whereby, for example, other delivery, return and complaint conditions may apply. Questions and issues regarding this will be handled on a case-by-case basis in direct contact with a representative of EFUEL. Nothing in these terms and conditions shall be construed as an obligation for EFUEL to provide products or services outside the Territory.
For deliveries, EFUEL follows INCOTERMS® 2020 DAP (delivered to named place), subject to what is described in section 2.4 Freight Cost, 2.5 Handling Charge and 2.92 Territory. Upon receipt, the Customer is responsible for confirming that the delivered products correspond to the order confirmation and delivery note. If products are missing from the order, the Customer shall inform EFUEL as soon as possible and no later than 14 days after delivery. If the claim is made later, the Customer shall be deemed to have forfeited its right to make a claim.
Delivery is made within Sweden with either Schenker, DHL or another freight 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 the delivery, the recipient may be subject to an identity check and either an ID card or Service ID must be shown and the shipment must be signed by the recipient. This is to make fraud more difficult and to protect the Customer's shipment. EFUEL is not responsible for ensuring that identification checks have been carried out in the event of a dispute or that the shipment has been signed for by the Customer.
If delivery by courier cannot take place, due to office closure or other similar impediment, the goods will be returned to EFUEL and will be redirected to the recipient address by the carrier chosen by EFUEL. EFUEL reserves the right to charge a fee of SEK 180. This also applies if the shipment is not collected from an agent and is therefore returned to EFUEL.
The Customer may place an order for products that are temporarily out of stock ("Restorder") with the exception of what is stated below.
However, EFUEL reserves the right to refuse Restorders from the Customer, this may be the case, for example, in relation to products where the availability and price level varies greatly or the product has been discontinued.
When the 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 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 forecast from the supplier is uncertain or changes.
In the case of partial delivery, the delivery note always clearly states which products have been delivered and remain to be delivered at a later date.
The recipient must check the goods on receipt and confirm that the number of packages corresponds to the consignment note and order confirmation. Visible transport damage to the goods must be reported immediately and always by the recipient to the carrier. For a complaint regarding transport damage to be valid, any freight discrepancies must be noted on the shipping document and countersigned by the driver immediately upon delivery. The Customer must then inform EFUEL in accordance with 3.5 Complaints regarding transport damage and lost goods. In addition, any non-visible transport damage, i.e. damage that may have occurred due to handling but which is not visible on the packaging upon receipt, must be reported to EFUEL within 5 days of receipt in accordance with 3.5 Complaints regarding transport damage and lost goods.
If delivery from EFUEL's warehouse has been confirmed but the goods have not been received within what is considered a normal delivery time, the Customer must notify EFUEL as soon as possible, but no later than 14 days after the order was placed, by contacting CE. EFUEL will initiate a claim against the carrier and provide the Customer with the missing goods. The usual police report will be made and the Customer is expected to assist in resolving any dispute. This also applies if individual items in a shipment are missing on receipt.
When making a claim for transport damage or lost goods, the Customer must always contact CE and obtain an RMA number (RMA ID) for the claimed shipment. If the conditions under 3.3 Transport damage and 3.4 Lost goods are met, the responsibility will then be transferred to EFUEL and the Customer will be provided with new products.
Returns are accepted if the return request is made within 30 days from the invoice date. All orders and products returned must be approved by CE and provided with a return number ("Return ID") and sent in with a return shipping note provided by EFUEL, which the Customer either applies for in logged-in mode on the Website or is assigned by CE. The Customer is responsible for informing CE of the order or invoice number, number of packages and weight. EFUEL reserves the right to refuse a return request. If the Customer intends to exchange the returned product for a new product, this is done separately by placing a new order via the Website. The return shipping note is usually sent by e-mail unless otherwise requested.
The return ID and the waybill are valid for up to 30 days after issue. If the product is not returned within this period, the Customer's right to make the return expires, and EFUEL is released from any liability for refund or completion of the return. All returns are subject to a return fee of 180 SEK. For returns where the total selling price of the returned goods exceeds 20,000 SEK, EFUEL reserves the right to charge a return fee of 10% of the total selling price of the returned goods.
Goods arriving at EFUEL unmarked, sent with their own waybill, without a valid Return ID, or not conforming to the Return ID will be returned to the sender without action. Return shipping will be charged to the sender.
Products returned must be in complete, error-free original packaging with all accessories. To avoid damage in transit, the original packaging or freight packaging approved by the carrier must be used. In the event of transport damage caused by inadequate packaging, or if the goods are not complete with faultless original packaging and all accessories, EFUEL will return the goods to the sender and charge an administration fee of SEK 180 and return shipping will be charged to the sender.
For returns due to errors on the part of EFUEL (e.g. delivery of the wrong product, wrong number of products or similar), no fee is applied. However, returns must be approved by CE and provided with a Return ID and returned according to the guidelines set out in these Terms and Conditions.
Issuing a Return ID does not mean that EFUEL has approved the return, the return is only approved after inspection where it is ensured that the return complies with these Terms.
Credits for approved returns are made according to the price invoiced to the Customer less the return fee of SEK 180 and, if applicable, 10% of the total sales price of the goods. Crediting takes place after receipt and final approval of the return provided that the return meets the conditions in section 4 Returns, crediting can take up to 30 days.
The use of Return ID means that the above conditions regarding returns are accepted.
All products subject to a complaint must be provided with an RMA number ("RMA ID") and sent in with a consignment note provided by EFUEL, which the Customer either applies for on the Website or is given by CE. The RMA number and the consignment note are valid for up to 30 days after issue.
Usually, a replacement product is sent out to the Customer together with the return consignment note for the complained product, however, EFUEL reserves the right to handle this in another way. All complained products and any accessories or products supplied by EFUEL that have been affected by the action for the complained product must be returned to EFUEL within 30 days of the approved complaint. If the Customer has incurred costs for rectifying a defective product, these costs must be agreed and confirmed in writing by EFUEL. Invoicing of these costs shall take place no later than 90 days after the complaint has been approved by EFUEL. If an invoice is received later than 90 days after the complaint has been approved, the Customer's right to claim compensation lapses, and EFUEL is released from all liability for compensation for these costs.
To avoid transport damage, the original packaging or freight packaging approved by the carrier shall be used. Transport damage caused by defective packaging is not included in EFUEL's guarantee commitment.
Goods arriving at EFUEL unmarked, sent with their own waybill, without a valid RMA number, or not conforming to the RMA number will be returned to the sender without action. Return shipping will be charged to the sender.
The warranty period from the respective 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 mean that EFUEL has approved the complained product for any action.
If EFUEL receives a product for repair and it does not show the defects stated by the Customer, EFUEL reserves the right to charge the Customer a troubleshooting fee of SEK 180 and return shipping.
EFUEL reserves the right to decide whether a complained product shall be repaired, replaced by an identical or equivalent product or credited if the product has been discontinued.
EFUEL reserves the right to refer the Customer to an external service partner in or outside Sweden for replacement/repair of defective goods. In both of these cases, the Customer is responsible for the shipping costs. For complaints that have been resolved and then not collected by the Customer, and which are thus returned to EFUEL, EFUEL reserves the right to charge an administration fee of SEK 180.
The use of an RMA number means that the above terms and conditions regarding the return of complained products are accepted.
Crediting of replacement products in the event of a complaint takes place according to the price invoiced to the Customer for the replacement product. Credit is given on receipt of the defective product provided that the return and complaint meet the conditions in section 5 Complaints and guarantees.
If the Customer does not return complained products according to 5.1 General, EFUEL will not credit the invoice for replacement products. The Customer will then be obliged to pay the invoice.
"Third Party Product" refers to those tools and software products that are either identified as Third Party Products or clearly belong to third parties.
If Third Party Products are provided under these Terms, the supplier of the Third Party Product's contractual terms shall apply to liability and defects in the Third Party Product.
The Party that provides or otherwise includes third party liability shall not include defects in a Third Party Product. If such Party also provides Third Party Products under the Terms, the license provisions of the Third Party Products shall prevail over the provisions of the Agreement.
EFUEL shall only be liable for direct damages arising from EFUEL's breach of these Terms, negligence or other conduct. EFUEL shall not be liable to the Customer for loss of profit, reduction or interruption of business, missed business opportunities, loss of data, loss of goodwill or any other indirect or consequential damages. The total liability of EFUEL shall never exceed 10% of the net price of the Product and a maximum of SEK 100,000.
The above limitations shall not apply in the event of a loss caused by EFUEL's gross negligence or willful misconduct.
Any claims for damages shall be made against EFUEL as soon as possible, but no later than six (6) months after the basis for the claim arose. If the claim is filed later, the Customer shall be deemed to have neglected its right to file a claim and EFUEL shall be free from liability for compensation.
A party is exempt from penalties for failure to fulfill certain obligations under these Terms and Conditions if the failure is due to a circumstance of the type stated below ("Exonerating Circumstance") and if the circumstance prevents, significantly impedes or delays the fulfillment thereof. An Exonerating Circumstance shall be deemed to include government action or omission, government intervention, new or amended legislation, labour market conflict, costly circumstances, blockade, fire, natural disaster, major accident, war, mobilization or military call-up of a similar magnitude, pandemic, epidemic, riot, shortage of means of transportation, general shortage of goods, currency restrictions, restrictions on the supply of motive power and any other similar circumstance beyond the control of the parties as well as failure, non-delivery or delay of deliveries from suppliers or subcontractors caused by such Exonerating Circumstances.
If a Party wishes to invoke an Exculpatory Circumstance, it shall immediately notify the other Party when there is a risk that its obligations 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.
Where a Party suspends its obligations under this Clause 6.4, the time for performance shall be extended by the time occasioned by the circumstance. Either Party shall be entitled to suspend its obligations under these Conditions by giving three (3) months' notice if performance of the Conditions is delayed for more than three (3) months.
Swedish law shall apply to these Conditions.
Disputes concerning the application of these Terms or related matters shall primarily be resolved by negotiation and agreement between EFUEL and the Customer. Any disputes arising from these Terms and Conditions shall be finally settled by a Swedish general court with Stockholm District Court as the first instance.