Fergas' terms and conditions

These terms and conditions (“Terms and Conditions”) shall apply to all sales by Fergas AB, 556433-6690, (“Fergas”) to customers (“Customer”) through Fergas’ web store.

PART A of these Terms and Conditions applies to Customers that are acting for purposes WITHIN his or her trade, business or profession (“Non-Consumers”).

PART B of these Terms and Conditions applies to Customers that are acting for purposes OUTSIDE his or her trade, business or profession (“Consumers”).

PART C of these Terms and Conditions contains contact information and address to Fergas.

These Terms and Conditions will exclude application of any deviating general or specific conditions or terms of Customer. No waiver or modification of these Terms and Conditions shall be binding upon Fergas unless approved in writing by an authorized representative of Fergas.

PART A – NON CONSUMERS
1. General
1.1. PART A of these Terms and Conditions shall apply to all sales by Fergas to Customers that are Non-Consumers.

2. Acceptance of Product
2.1. In agreeing on the purchase, the Customer accepts Fergas to manufacture the Fergas cross flow blowers (“Product/s”) according to the technical specifications (“Specifications”) shown at the product page. As the Product is custom manufactured individually for Customer, Fergas will accept NO returns of Products other than returns as a consequence of Defects (as defined in section 5 below) in the Product.

3. Price and Payment
3.1. Every Product is shown excluding VAT for Non-Consumers. In the shopping cart you can see the total price including all fees, taxes, shipping and method of payment. We accept Visa and MasterCard. We apply no additional fees when paying with card and all cardholder data is handled securely by our payment exchange Paynova who are certified under the PCI DSS.

4. Handling guide
4.1. Responsibility
The ultimate responsibility for product selection and suitability for use rests with the Customer.

4.2. Handling
Products must be handled with great care during assembly. Touching any rotating part, especially the blower wheel must be avoided. Any abnormal force will cause damage. Damage or distortion of the terminals will be considered as injudicious force and rejection or credit for such damage will not be accepted.

4.3. Speed control
Products with AC shaded pole motors are intended for pure sine wave power supply. It is strongly recommended to avoid solid state speed controls such as triacs. These devices may cause undesirable sound levels, increased motor temperatures and consequent shorter operational life.

4.4. Integration
Products are designed for horizontal applications. Products can be specified for vertical use by special design. If Products are located directly onto large appliance panels it is preferable to fix a shock absorbing non-magnetic material between contact faces.

4.5. Heating element
The thermostat on a Product equipped with an electric heating element must never be touched as this will affect the thermostatic properties of the component. Please note that the standard elements are made for horizontal use. Special elements for vertical use can be designed on request.

4.6. Expected life time
The Product have a minimum life expectancy of 20,000 hours in an environment with an ambient temperature range from 0 to +60 deg C (32-140 F). Special higher temperature versions can be designed on request.

4.7. Environment
The degree of protection against corrosion on the Product is satisfactory for normal environments. Sections of the housings are exposed and susceptible to corrosion. It is advisable not to store or use the Product in corrosive environments unless formally approved by Fergas.

5. Liability for Defects
5.1. Unless otherwise has been agreed by the parties in writing, Fergas shall, to the exclusion of all other remedies available at law or otherwise, remedy Defects in the Product for a period of one (1) year after the Customer’s receipt of the Product. "Defect" means deviations or defects entailing that the Product do not conform to the Specification or any other corresponding document in relation to the Product or deviations or defects resulting from faulty material or workmanship.

5.2. Customer shall serve written notice of any Defect without undue delay after the date the Customer became aware of the circumstances giving rise to the Defect or the date when it ought reasonably to have become so aware and not, in any case, later than one (1) year after Customer's receipt of the Product. Such notice shall contain a description of Defect. Following Fergas receipt of Customer’s notice on the Defect, Fergas shall instruct Customer how to return the Product at the risk and expense of Fergas.

5.3. Fergas liability do not cover defects due to conditions of operation or handling of the Products inconsistent with Fergas’ Handling guide in section 4 above, faulty maintenance or installation, alteration or modifications of the Products or fault repairs. Finally, Fergas’ liability do not cover normal wear and tear or deterioration.

5.4. Fergas’ rectification shall be made within a reasonable period after Fergas’ receipt of the defective Product. Fergas’ rectification can either be made by redelivery or repair. Fergas exclusively decides how and where to rectify a Defect in the Products.

5.5. If Customer has notified Fergas of a Defect, and no Defect for which Fergas is responsible is found or can be reproduced, Fergas shall be entitled to reasonable compensation for work performed and costs and expenses incurred as a result of such notice from Customer.

5.6. Defective parts, or Products, which have been replaced by Fergas under this section 5, shall become Fergas property.

5.7. Should Fergas not remedy a Defect in the Products within a reasonable time, the Customer may, by notice in writing to Fergas, specify a final period for Fergas' rectification. Such notice shall be given at least ten (10) days before expiry of such final period. If Fergas fails to remedy the Products within such final period, the Customer may terminate the purchase order and be entitled to a refund of the purchase price for the Product paid to Fergas hereunder. Customer's right to terminate the purchase orders and to receive a refund of the purchase price of the Products, shall constitute full and final compensation for Fergas' liability for all and any Defects and the consequences thereof with regard to a certain Product.

6. Delivery
6.1. Unless otherwise is agreed in writing, delivery shall be made CIP (INCOTERMS 2012).

6.2. The time for manufacturing of the Product is 2-3 working days from received order. Transportation time varies depending on country of final destination. Our current forwarder is UPS. Lead-time for order handling and manufacturing through special request form, is depending of components availability, and will advised to customer before purchase.

6.3. The delivery time is stated in the shopping cart next to the various ways of delivery. If a Product has another delivery time than expressed in the shopping cart, this delivery time will be stated in connection to the individual Product.

6.4. Fergas will commence manufacturing of the Product only upon receipt of full payment for the Product by the Customer. Should not Customer effect full payment for the Product within seven (7) days following Customer’s order, Fergas shall be entitled to terminate the purchase order. In case Fergas in relation to a certain Customer or under a certain purchase order, accepts to initiate manufacturing of the Products before the Customer have paid for the Product in full, and should Fergas thereafter have reason to question Customer's solvency or ability to pay for the Product, Fergas have no obligation to make delivery, and shall be entitled to stop delivery of Products under carriage, unless Customer makes an advance payment in full for the Products and other claims arising from the business relation or grants security which can reasonably be accepted by Fergas.

7. Return Policy
7.1. Since the Products are customized for Customer or manufactured with a significant personal customization, Fergas only accept returns if the Product is Defective upon Customer’s receipt of the Product or if a Defect occurs within one (1) year after the Customer’s receipt of the Product, provided however the Customer has complied with Fergas’ handling and design guide as set forth under section 4 above.

8. Privacy Policy
8.1. When ordering a Product, Customer will be asked to fill in Customer’s contact information. Upon Customer submitting a purchase order, Customer hereby agrees to Fergas’ processing of Customer’s data in accordance with Fergas’ privacy policy in order to fulfill Fergas agreement to you as Fergas’ customer. In accordance with the Swedish Personal Data Act (Sw: Personuppgiftslagen (1998:204)) you have the right to know the information Fergas´ are processing relating to you. If the information is erroneous, incomplete or irrelevant, you may ask to have your information corrected and/or removed. If this is the case please contact us by e-mail or otherwise as set forth under PART C below.

9. Force Majeure
9.1. Fergas is not liable for any non-performance caused by circumstances beyond our control, which directly or indirectly prevents, obstructs or renders production, delivery or freight uneconomical until such obstacle has been removed (force majeure). Such circumstances shall be deemed to include difficulties to procure raw materials as well as other difficulties and disturbances, including but not limited to war, riot, labour conflicts, fire, flood, storm, accident, fuel or power shortages, transportation shortages, obstacles or interruptions regarding transportation at sea and breakdowns or interruptions of any kind as regards to our equipment or facilities, which are deemed necessary for the performance of our agreements' obligations.

10. Limitation of liability
10.1. Fergas’ liability to the Customer in contract, tort (including negligence) or otherwise in relation to the Agreement shall in any event be limited to fifteen (15%) per cent of the price for the Products for any one incident or series of related incidents; provided however that Fergas’ aggregate liability for any and all incidents relating to the Products shall not exceed the amount that has been actually paid by the Customer to Fergas for the Product. This limitation of liability includes any claims for price reductions and damages.

10.2. Fergas is not liable to the Customer either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of data, profits, business or anticipated savings, or for any indirect or consequential loss or damage whatsoever.

11. Governing law and Disputes
11.1. These Terms and Conditions and any purchase hereunder are subject to the laws of Sweden, excluding the principles of conflict of laws (international private law).

11.2. Any dispute arising in connection with these Terms and Conditions and any purchase hereunder shall be resolved by arbitration, administered by the Arbitration institute of the Stockholm Chamber of Commerce (the “Institute”). The rules of Simplified Arbitration for the Arbitration institute of the Stockholm Chamber of Commerce shall apply. The arbitration shall take place in Linköping, Sweden. The arbitration shall be held in English.

PART B – CONSUMERS
1. General
1.1. PART B of these Terms and Conditions shall apply to all sales by Fergas to Customers that are Consumers.

2. Acceptance of Product
2.1. In agreeing on the purchase, the Customer accepts Fergas to manufacture the Fergas cross flow blower (“Product/s”) according to the technical specifications “(Specification”) shown at the product page. As the Product is custom manufactured individually for Customer, Fergas will accept NO returns of Products other than returns as a consequence of Defects (as defined in section 5 below) in the Product.

3. Price and Payment
3.1. Every Product is shown including VAT for Consumers. In the shopping cart you can see the total price including all fees, taxes, shipping and method of payment. We accept Visa and MasterCard. We apply no additional fees when paying with card and all cardholder data is handled securely by our payment exchange Paynova who are certified under the PCI DSS.

4. Handling guide
4.1. Responsibility
The ultimate responsibility for product selection and suitability for use rests with the Customer.

4.2. Handling
The Product must be handled with great care during assembly. Touching any rotating part, especially the blower wheel must be avoided. Any abnormal force will cause damage. Damage or distortion of the terminals will be considered as injudicious force and rejection or credit for such damage will not be accepted.

4.4. Integration
The Product is designed for horizontal applications. The Product can however be specified for vertical use by special design. If Products are located directly onto large appliance panels it is preferable to fix a shock absorbing non-magnetic material between contact faces.

5. Liability for Defects
5.1. For Consumers, who are covered by consumer protection laws or regulations in their country of residence, the benefits conferred by Fergas in this section 5, are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.

5.2. Unless otherwise has been agreed by the parties or follows from applicable law, Fergas shall, remedy Defects in the Product for a period of one (1) year after the Customer’s receipt of the Product. "Defect" means deviations or defects entailing that the Product do not conform to the Specification or any other corresponding document in relation to the Product or deviations or defects resulting from faulty material or workmanship.

5.3. Customer shall inform Fergas of any Defect without undue delay after the date the Customer became aware of the circumstances giving rise to the Defect or the date when it ought reasonably to have become so aware and not, in any case, later than one (1) year after Customer's receipt of the Product. Such notice shall contain a description of Defect. Following Fergas receipt of Customer’s notice on the Defect, Fergas shall instruct Customer how to return the Product at the risk and expense of Fergas.

5.4. Fergas liability do not cover defects due to conditions of operation or handling of the Products inconsistent with Fergas’ Handling guide in section 4 above, faulty maintenance or installation, alteration or modifications of the Products or fault repairs. Finally, Fergas’ liability do not cover normal wear and tear or deterioration.

5.5. Fergas’ rectification shall be made within a reasonable period after Fergas’ receipt of the defective Product. Fergas’ rectification can either be made by redelivery or repair. Fergas exclusively decides how and where to rectify a Defect in the Products.

5.6. If Customer has notified Fergas of a Defect, and no Defect for which Fergas is responsible is found or can be reproduced, Fergas shall be entitled to reasonable compensation for work performed and costs and expenses incurred as a result of such notice from Customer.

5.7. Defective parts, or Products, which have been replaced by Fergas under this section 5 shall become Fergas’ property.

5.8. Should Fergas not remedy a Defect in the Products within a reasonable time, the Customer may, by notice to Fergas, specify a final period for Fergas' rectification. Such notice shall be given at least ten (10) days before expiry of such final period. If Fergas fails to remedy the Products within such final period, the Customer may terminate the purchase order and be entitled to a refund of the purchase price for the Product paid to Fergas hereunder.

6. Delivery
6.1. Unless otherwise is agreed in writing, delivery shall be made CIP (INCOTERMS 2012).

6.3. The delivery time is stated in the shopping cart next to the various ways of delivery. If a service/product has another delivery time than expressed in the shopping cart, this delivery time will be stated in connection to the individual services/products.

6.4. Fergas will initiate manufacturing of the Product only upon receipt of full payment for the Products by the Customer. Should not Customer effect full payment for the Product within seven (7) days following Customer’s order, Fergas shall be entitled to terminate the purchase order. In case Fergas in relation to a certain Customer or under a certain purchase order, accepts to initiate manufacturing of the Products before the Customer have paid for the Product in full, and should Fergas thereafter has reason to question Customer's solvency or ability to pay for the Product, Fergas have no obligation to make delivery, and shall be entitled to stop delivery of Products under carriage, unless Customer makes an advance payment in full for the Product and other claims arising from the business relation or grants security which can reasonably be accepted by Fergas.

7. No Right of Withdrawal/Return Policy
7.1. Since the Products are customized for Customer or manufactured with a significant personal customization, Fergas only accept returns if the Product is Defective upon Customer’s receipt of the Product or if a Defect, for which Fergas is liable, occurs within one (1) year after the Customer’s receipt of the Product, provided however that the Customer has complied with Fergas’ handling and design guide as set forth under section 4 above. This section 7 shall not apply to the extent that Customer, who are covered by consumer protection laws or regulations in their country of residence, have more favorable benefits conferred by such consumer protection laws and regulations.

10. Limitation of liability
10.1. Some jurisdictions do not allow the limitation of liability in contracts, and as a result, the contents of this section 10 may not apply to certain Customers. Nothing in this section is intended to limit any rights that Customer may have which may not be lawfully limited.

10.2. Fergas’ liability to the Customer in contract, tort (including negligence) or otherwise in relation to the Agreement shall in any event be limited to fifteen (15%) per cent of the price for the Products for any one incident or series of related incidents; provided however that Fergas’ aggregate liability for any and all incidents relating to the Products shall not exceed the amount that has been actually paid by the Customer to Fergas for the Product. This limitation of liability includes any claims for price reductions and damages.

10.3. Fergas is not liable to the Customer either in contract, tort (including negligence) or otherwise for loss (whether direct or indirect) of data, profits, business or anticipated savings, or for any indirect or consequential loss or damage whatsoever.

11. Governing law and Disputes
11.1. Except where otherwise required by the mandatory law of applicable jurisdiction:

11.1.1. these Terms and Conditions and any purchase hereunder are subject to the laws of Sweden, excluding the principles of conflict of laws (international private law), and

11.1.2. any dispute arising in connection with this these Terms and Conditions and any purchase hereunder shall be resolved by arbitration, administered by the Arbitration institute of the Stockholm Chamber of Commerce (the “Institute”). The rules of Simplified Arbitration for the Arbitration institute of the Stockholm Chamber of Commerce shall apply. The arbitration shall take place in Linköping, Sweden. The arbitration shall be held in English.

11.2. If Customer is a Consumer resident within the European Union/European Economic Area, disputes arising in connection with this agreement shall instead be settled by public courts in Sweden or in Customer’s country of residence. If Customer are a Consumer resident in Sweden, Customer may also in some cases refer a dispute to The National Board for Consumer Disputes (Sw: Allmänna reklamationsnämnden) for a non-binding opinion of the dispute.

PART C – MISCELLANEOUS

Contact
Please email any questions, concerns or comments you have about these Terms and Conditions on fsp@fergas.com or contact us at:

Postal address
Fergas AB
Box 1084
SE-581 10 Linköping
Sweden

Visiting address
Harstenagatan 2
SE-582 78 Linköping
Sweden

Swedish registration no: 556433-6690
VAT no: SE556433669001
Phone no: +46 13356100
Fax no: +46 13356125

Fergas' terms and conditions

About Fergas