This Agreement is by and between AB Momento (5564756848), (the Seller), and its customer (the Buyer). Seller and Buyer are collectively referred to in this Agreement individually as "Party" and collectively as the "Parties."
Seller shall transfer and deliver to Buyer, and Buyer shall pay for and accept, the goods identified in Schedule A, which is attached to this Agreement and incorporated by reference (hereinafter “Goods”).
The Goods shall be delivered by Seller on or by when the best estimate when delivery can be made.
3.All prices of the Goods are F.O.B. Place of Shipment.
4. Quotations of shipping dates are based on best information available from Seller’s suppliers. Seller is not liable for any damage arising from any delay or late delivery beyond its control or the control of its suppliers. Shipping charges advertised are an estimate and are subject to change based on the weight of the items(s) ordered.
5. Once the order has been shipped from our facility, in Flen, Momento assumes no responsibility for delayed, lost, and or damaged shipments. If your order is delayed, lost, and or damaged a claim must be filed through the shipping carrier. Please keep in mind that it can take up to 1-8 business days to process claim through UPS, TNT or other. Our customer service representatives are available to help facilitate the expediting of this claim.
Buyer shall have the right to demand all of the Goods at one time during the period stated in Paragraph 2, or in portions from time to time.
a. If "Complete" is selected as the ship option additional delays may be incurred due to item(s) availability.
b. If "Partial" is selected as the ship option then additional shipping charges may be incurred due to multiple shipments.
Established payment terms are terms seller has agreed to in contract, but are not limited to Net 30. Payments not received by the required due date are subject to an ACCOUNT HOLD and or a 5% LATE FEE per month of the amount due. Collection fees may apply.
Title to the goods shall remain with the Seller until Buyer takes physical possession of the goods..
Buyer shall provide a written request for the cancellation of orders for Goods, which have been placed by Buyer with Seller. Merchandize that has been special ordered by Seller may incur a Twenty Five Percent (25%) Cancellation Charge.
If you would like to change any information on your order please contact our customer service department for further assistance (+46 157-690 00). Spare parts are non-returnable, non-cancelable, and are non-refundable. Merchandise that has been special ordered and not normally stocked by us may incur a 25% cancellation charge.
Once your order has shipped permission for any return merchandise must be secured from our customer service department. The return of non-defective merchandise, when authorized, may incur 25% re-stocking fee, at our discretion. We accept returns for items within the first 30 days of receiving your merchandise. You may return it for a prompt merchandise exchange, credit, or refund within 30 days of receiving your order as long as all merchandise is returned in new condition (unused and in original factory condition), with all original boxes (including all packaging materials), documentation, instructions, and accessories. All returns are subject to our inspection and approval.
Personalized and custom items, and shipping and handling charges are non-refundable, and return shipping charges are the sole responsibility of the purchaser. To initiate a return, please call our Customer Service Dept. at +46 157-690 00. You are responsible for arranging the return shipment of the product. We reserve the right to deny a full refund of the purchase price if the product is not returned in the manner mentioned above. Items that are returned damaged or without proper packaging materials are subject to a 25% restocking fee (if we approve the item to be returned).
For all returns and cancellations that "shipped free", a shipping charge equal to the cost of the round trip of the shipment will be withheld from the refund. It is important to save all packaging and not destroy boxes in case of a return.
Seller warrants that the Goods are as described in this Agreement, but no other express warranty is made in respect to the Goods. Goods manufactured by any party other than Seller and sold by Seller will carry that manufacturer’s warranty, limited to the repair or replacement of the particular product at the discretion of the manufacturer. Seller will assist in facilitating the applicable warranty on behalf of Buyer but is not responsible for said warranty.
If any model or sample was shown Buyer, that model or sample was used merely to illustrate the general type and quality of the goods and not to represent that the Goods would necessarily conform to the model or sample.
The price to be paid by Buyer shall be that contained on the Seller's price list last published before the date of actual delivery of the goods.
Buyer shall pay for the goods at the time and place of delivery, or by established payment terms.
Payment for Goods that are purchased from Seller will be subject to the following terms and conditions: a) Accounts may be placed on a HOLD status if payments are not received by Seller on the due date identified in Paragraph 13 herein. This HOLD will remain until all payments on all open invoices, including collection fees, have been received by Seller; b) The purchase price shall be deemed satisfied if the total invoice amount is paid in full within the established payment terms from the billing date shown on the original invoice.
Buyer shall have the right to inspect the Goods at the time and place of delivery before paying or accepting them. Buyer has 48 hours to file a claim of damaged, lost, or missing items. Claims filed after 48 hours may not be honored.
Payment shall be made by invoice.
Buyer and Seller shall have all remedies afforded each by the Uniform Commercial Code.
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, if any, successors, and assigns.
This Agreement shall be construed in accordance with and governed by the laws of Swedish chamber of comerce.
Any controversy, claim or dispute between the Parties hereto arising out of or related to this Agreement or the breach thereof, which cannot be settled amicably by the Parties, shall be submitted for binding arbitration in accordance with the provisions contained herein and in accordance with the Commercial Arbitration Rules of the Swedish Arbitration Association.
Should either Party hereto, or any heir, personal representative, successor or assign of either Party hereto, resort to legal proceedings in connection with this Agreement their relationship with the Company, the Party or Parties prevailing in such legal proceedings shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys’ fees and costs in such legal proceedings from the non-prevailing Party or Parties.
Any and all notices, demands, or other communications required or desired to be given hereunder by any Party shall be in writing and shall be validly given or made to another Party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested.
If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail; such notice shall be conclusively deemed given five days after deposit thereof in the United States mail addressed to the Party to whom such notice.
No amendment, change or modification of this Agreement shall be valid unless in writing signed by the Parties hereto.
This Agreement and any exhibit attached constitute the entire understanding and agreement of the Parties, and any and all prior agreements, understandings, and representations are hereby terminated and cancelled in their entirety and are of no further force and effect.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.
No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation, or warranty concerning the Goods sold under this Agreement, and unless an affirmation, representation, or warranty made by an agent, employee, or representative is specifically included within this written Agreement, it has not constituted a part of the basis of this bargain and shall not in any way be enforceable.
No claim or right arising out of a breach of this Agreement can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved Party.
Currently Momento AB only collects and remits sales tax for items shipped inside Sweden as required by law, and does not apply sales tax for items shipped outside of Swede. If you have tax-exempt status, please contact our Accounting Department and provide a valid state tax-exempt certification prior to purchase.
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Kungsvägen 68, 642 34 Flen
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