General Terms for Direct Sales
- Agreement and Scope
1.1. These general terms and conditions (“Terms”) apply when a business entity or other legal person (“Buyer”) purchases goods via direct sales from Northvolt Ett Expansion AB:s Bankruptcy Estate (“Seller”) and [PS Auction AB] (“PS”). By entering into a purchase agreement, the Buyer acknowledges and agrees to these Terms in full.
- Ownership
2.1 PS acts as intermediary on behalf of and for the account and risk of the Seller. PS does not own or become the owner of any object intended for sale
Article 3. Privacy
3.1 PS uses Personal Data in accordance with the provisions in the Privacy Statement available on (https://psauction.com/buy/terms-and-conditions/updated-privacy-policy).
- 4. Prices and Payment
4.1. All prices are stated in Swedish kronor (SEK) excluding VAT unless otherwise specified. Payment must be made in full using the available payment methods at the time of purchase. Payment shall be made within seven (7) days of signing the purchase agreement. Late payments may be subject to reminder fees and interest charges in accordance with applicable laws.
4.2. If payment is not made within seven (7) calendar days, PS has the right to demand that the purchase be completed. PS also reserves the right to cancel the purchase and claim compensation for any damage or loss, including the service fee, in the event of non-payment. If payment remains unpaid, PS reserves the right to engage a debt collection agency, and the Buyer will be responsible for any associated collection costs.
4.3. PS only refunds VAT to Customers outside Sweden who are registered companies with a valid foreign address. Customers within the EU must provide a valid Value Added Tax (VAT) number when registering. An invoice will be sent with additional Swedish VAT, which must be paid to PS and will be refunded upon receipt of an export declaration or other document proving that the Item has left Sweden. The export document must be received by PS within fourteen (14) days after the invoice date. The Customer must also provide complete bank details, including IBAN, BIC/SWIFT code, and the bank’s name and address. The Customer is responsible for all customs handling of the Item.
- 5. Delivery and Shipping
5.1. The Buyer is responsible for all shipping and transportation costs.
5.2. Delivery is made where the object is located, meaning the Buyer assumes all risks and costs from the moment the actions to aiming to dismantle and/or move object. PS and Seller are not responsible for any damages that may occur during transport once the item has been collected.
5.3. The object must be collected within the agreed timeframe. A penalty fee of 5000 € /day will be charged in case of delay.
5.4 The Buyer is responsible for ensuring safety during the dismantling process, including any potential damage to property or personal injury. To cover any possible damages and to ensure that the dismantling is carried out responsibly, the Buyer must pay a deposit before any work begins.
- 6. Inspection Obligation and Warranty
6.1. The Buyer is responsible for inspecting the object before purchase. All property is transferred in its current condition, and the Buyer waives all claims against the Seller due to the condition of the property or any other defect or deficiency, of any kind whatsoever. The Buyer is also informed that the Seller is a bankruptcy estate and therefore has limited knowledge of the business and the assets included therein. The Seller therefore does not guarantee the accuracy of the information provided regarding the nature or extent of the assets.
6.2. No warranty is provided, PS and the Seller assumes no liability for defects or deficiencies after the purchase is completed. Thus, the Buyer is aware that discrepancies in the transferred property may occur and undertakes not to make any claims against the Seller for discrepancies, of any kind whatsoever, that exist or may later be discovered.
- 7. Right of Withdrawal and Complaints
7.1. According to Swedish consumer law (Distansavtalslagen and Konsumentköplagen), the right of withdrawal and complaint rights apply only to private consumers. These rights do not extend to business customers. Thus, Buyer has no right of complaint or withdrawal.
- 8. Liability
8.1. PS and Seller is not responsible for any direct or indirect damages or economic losses arising in connection with the purchase of goods, including, but not limited to, lost profits, production downtime, business interruptions, or any (alleged) infringement of third-party intellectual property rights.”
8.2. Notwithstanding the above, PS and the Seller are not liable for:
8.2.1. Damage to persons or lots arising or caused before the conclusion of the Purchase Agreement.
8.2.2. Failure of the purchased objects to comply with laws and regulations, including European directives and safety regulations.
8.2.3. Damage caused by environmentally harmful or noxious substances in or on the objects.
8.2.4 Damages resulting from incorrect, outdated and/or incomplete information whether or not mentioned on websites that can be visited and links to other websites mentioned.
8.2.5. Damage, including any consequential damage, due to the Seller’s lack of power of disposition, restricted rights, inability to sell or intellectual property rights of third parties.
8.2.6. PS and Seller liability are limited to the amount paid for the product.
- 9. Amendments to the Terms
9.1. PS and Seller reserves the right to update these Terms at any time. Changes take effect immediately upon publication on the PS website or sale site related to Northvolt Ett Expansion.
- 10. Termination of Agreement
10.1. The Seller has the right to terminate the agreement with immediate effect if the Buyer fails to fulfill their obligations under these Terms. This includes, but is not limited to, failure to make payment within the agreed timeframe, failure to collect the item within the agreed period, or violation of other essential contractual terms.
10.2. Upon termination of the agreement, the Seller has the right to retain any payments made as compensation and, if necessary, to sell the item to another buyer without further obligations toward the original buyer.
10.3. In the event of termination and the need to resell the Item, PS has the right to use the amount received as compensation for claims and costs related to the sale. If the resale price is not adequate to cover these costs, the Buyer remains liable for the difference.
- 11. Force Majeure
11.1. If PS’s performance of its obligations under these Terms is significantly hindered or prevented due to circumstances beyond PS’s control, such as general labor disputes, war, fire, lightning strikes, pandemics, terrorist attacks, theft, changes in government regulations, or other unforeseen events, this shall constitute grounds for exemption from liability for damages or other penalties.
11.2. If PS’s performance is prevented for a period longer than three (3) months due to such circumstances, the Buyer may cancel the purchase. If the Buyer cancels the purchase due to PS’s failure to fulfill its obligations, PS will refund the amount paid for the item, with deductions for compensation for the service provided.
- 12. Governing Law and Dispute Resolution
12.1. These Terms and any disputes arising from them shall be governed by and construed in accordance with Swedish law, including the arbitration.
12.2. Any disputes arising from these Terms shall be finally settled through expedited arbitration proceedings in Stockholm, Sweden, in accordance with the Arbitration Rules of the Stockholm Chamber of Commerce (SCC) with seat in Stockholm. Language is English. The decision shall be final and binding on both parties without the possibility of appeal.
12.3. PS does not allow buyers subject to EU trade restrictions. Furthermore, resale to countries subject to such restrictions is strictly prohibited. Any violation of this provision may result in the immediate termination of the agreement and potential legal consequences. PS reserves the right to report any such violations to the relevant authorities. Reference is made to the EU’s official sanctions list, which can be found at: https://www.sanctionsmap.eu.