Terms & Conditions

General

These terms and conditions will apply to the supply of Equipment and Goods despite any conflicting terms and conditions proposed by the Buyer, unless agreed in writing by Avena Unison AB (the Supplier).

Quotations provided by the Supplier to the Buyer under these terms and conditions are fixed for a period of 30 days unless otherwise specified in the quotation. Following this period, the Supplier may revise the quotation.

Payment

Unless otherwise agreed by the Supplier in writing, the Buyer must pay the EXW/DAP Price without deduction in accordance with the Payment Terms detailed in the Invoice. 

The Buyer must pay to the Supplier a 50% Advanced Payment on the placement of one or more order(s) for Equipment. The Buyer must provide 100% Payment before Dispatch (Transport) of the Equipment and Goods and on the placement of an order for PTFE Teflon belts, replacement spare parts and other goods when these are not ordered at the same time as Equipment.

The Supplier confirm orders by sending an Order Acknowledgement to the Buyers given email address immediately after Advanced Payment is received.  

Allowance to the Buyer of additional time to pay the final 50% before Dispatch from the Supplier premises will not change any of these Terms.

In the event of non-payment of the EXW/DAP Price in accordance with these terms and conditions, the Buyer will pay all reasonable collection expenses, legal costs and any other expenses incurred by the Supplier in connection with the non-payment.

If payment is not made by the Buyer in accordance with these terms and conditions, the Buyer acknowledges and agrees that the Supplier has the right (without prejudice to any other rights and remedies it may have) to recover and/or resell the ordered Equipment or Goods 90 days after the due date of payment. The Supplier will not be liable for and the Buyer will indemnify the Supplier against any costs, claims, damages or losses suffered by the Buyer as a result of such action.

In the event the Buyer fails to accept delivery of Equipment or Goods, or to pay for the Equipment or Goods as agreed, or to comply with any of the terms and conditions, the Supplier shall have the right to retain any and all cash deposits tendered by the Buyer. In addition, the Buyer shall main fully liable for the entire CIF Price, including all taxes, fees, tariffs and interest thereon and all expenses incurred in connection with; packing, dispatch, shipping, transport, delivery and return of the Equipment and Goods. 

The date of Dispatch shown in the Order Acknowledgement is approximate subject to unavoidable delays. The Supplier shall not be liable for delays to the extent that such delays are due to causes beyond the reasonable control of the Supplier.

Credit Application

To secure the balance of the EXW/DAP Price remaining unpaid before Dispatch to the Buyer of Equipment or Goods, the Buyer hereby authorizes the Supplier to file one or more financing statements describing such collaterals. The Buyer agrees, if requested by the Supplier, to pay the cost for filing such financing statements in all public offices wherever filing is deemed necessary by the Supplier.

Title and risk

In relation to all Equipment and Goods:

• Title in the Goods will not pass to the Buyer until the Price is paid in full.

• Risk in the Goods will pass to the Purchaser immediately upon Dispatch from the Supplier.

The Buyer will indemnify the Supplier against any costs, claims, damages or losses suffered by the Supplier as a result of the Buyers inability to pay the EXW/DAP Price for the Equipment and Goods.

In relation to all Equipment and Goods, if the Buyer has not paid the Price but sells or otherwise disposes of the Equipment and/or Goods or any part of them, the cash payments received in respect of the disposal of the Products will be held on trust by the Buyer for the Supplier and will be payable immediately to the Supplier. 

If the Supplier does not receive full payment of the EXW/DAP Price as detailed in accordance with the Payment Terms on the Invoice and/or Credit Application, the Supplier has the right to immediately de-commission, recover, detach, remove and/or resell the Equipment or Goods.

Start-up

Instructions and documentation in English, unless agreed in writing by the Supplier, regarding installation, setup, operations, maintenance, sanitation instructions and replacement spare parts list will be provided for in the operations manual delivered with the Equipment.

Returned of Equipment and Goods

Equipment and Goods may only be returned with the Suppliers consent which must be requested within 21 days of Dispatch. All returned Equipment and/or Goods must be returned to the Supplier at the Buyers expense. The Supplier shall have the right to retain all cash deposits tendered by the Buyer.