Terms of service
1. Exclusive rights
Selecta has the exclusive right to perform the service obligations under the contract for the duration of the contract. The customer is not entitled to carry out the service commitments himself or through another party without the consent of Selecta.
If the malfunction is due to obvious incorrect handling of or damage to the equipment, Selecta is entitled to compensation in addition to what is stated in the contract. The same applies in the event of unjustified notification of a fault.
3. Removal of equipment Equipment
under the contract may only be moved with the consent of Selecta. All removals shall be carried out by Selecta. Selecta will charge the Client a fee for setting up, travel and working time and for other costs of an extraordinary nature in accordance with Selecta's price list in force at the time.
4. Supervision, care and modification of the equipment
The Customer shall comply with Selecta's instructions regarding use, supervision and care. The Customer shall be liable for any loss of the Equipment during the term of the Agreement or for any damage to the Equipment that is not attributable to normal wear and tear. The Customer shall ensure that persons using the Equipment are instructed to do so in a manner that minimises the risk of damage and malfunction. The Customer shall not make any modifications or additions to the Equipment.
5. Compensation due to failure or stoppage
Selecta is not obliged to pay any compensation for financial loss or damage to property due to the failure or breakdown of the equipment. If Selecta incurs liability towards third parties under the Product Liability Act, the customer shall indemnify Selecta unless the customer can prove that the damage was caused by defects in the instructions provided by Selecta. The client is fully responsible for any financial loss or damage to property resulting from the failure or interruption of the water and electricity supply to the equipment.
Selecta is entitled to assign its rights and obligations under this contract. The customer shall be entitled to assign its rights and obligations under this agreement only with the written consent of Selecta. In the event of such assignment, the Customer shall be charged a fee in accordance with Selecta's price list in force from time to time.
The Customer shall keep the Equipment fully insured during the term of the Agreement in accordance with customary insurance terms and conditions.
8. Termination of contract
If the client or Selecta AB does not wish to extend the contract after the end of the contract period, the party shall notify the other party in writing at least six (6) months before the end of the contract period. In the absence of such notification, the contract period shall be extended by twelve (12) months at a time.
9. Early termination of the Agreement
The Party shall have the right to terminate the Agreement with immediate effect if the other Party is in material breach of its obligations under the Agreement and fails to remedy the breach within thirty (30) days of the receipt by the Party of a written request to remedy the breach. The same shall apply if the party suspends payments or is otherwise presumed to be in default. Whether or not the contract is terminated, the party shall be compensated for the damage caused by the breach of contract.
10. Force majeure
If the performance of the obligations under this Agreement is substantially prevented, impeded or delayed by circumstances constituting force majeure, the Party shall be released from its obligations under this Agreement for so long as the circumstances so require. A Party claiming relief under this provision shall promptly notify the other Party.
11. Taxes and duties
All prices and charges applicable to this Agreement shall be subject to value added tax. Selecta shall be entitled to adjust charges, prices and conditions relating to increased costs to Selecta as a result of taxes or levies imposed by the authorities or as a result of changed circumstances beyond Selecta's control.
12. Price adjustment clause
Fixed and variable fees are adjusted to take into account commodity prices, currency fluctuations, and cost trends. In the event of a change in the world market price of coffee, the variable fee will be adjusted by one (1) penny per serving for each one (1) penny change in the price per kilogram of coffee.
Indexation All fees are indexed twice a year, based on indices published by SCB. Fees are adjusted on 1 July and 1 January and are based on the indexation for the previous period. The adjustment corresponds to the percentage increase in the index. The first increase takes place at the closest adjustment period to the start of the contract.
14. Notification of changes in fees
Notice of changes in fixed and variable charges as referred to in points 12 and 13 shall be given with at least thirty (30) days' written notice.
15. Payment terms
Payment of fixed and variable charges shall be made no later than thirty (30) days from the date of invoice. Payment of other invoices shall be made no later than twenty (20) days from the date of invoice. In the event of late payment, interest on arrears will be charged in accordance with the Interest Act and, where applicable, compensation for delay and other costs in accordance with the Act on Compensation for Collection Costs, etc.
All disputes arising out of or in connection with this Agreement shall be settled by a Swedish court of general jurisdiction in accordance with Swedish law.
17. Personal data
Selecta AB processes personal data in accordance with the data protection legislation in force at the time. Selecta has a data protection policy which contains rules and information on Selecta's processing of personal data. The data protection policy that applies to this contractual relationship is available at https://www.selecta.se/integritets-cookie-policy/Under "handling of personal data". Ver. 6: 2018-07-03