Products Demo & ESD Support About Trigono + Products Support ESD & Download - Become a Reseller Terms of sale + About Trigono Sign in Email address Password Forgot password? Terms of sale General terms and conditions of sale for all dealers and customers of Trigono. 1. General These general terms and conditions apply as a contractual basis for all Trigono's deliveries of products and cover all agreed conditions. Unless the parties have agreed in writing otherwise when ordering, the Customer is deemed to have accepted the terms. The customer's own terms do not affect the agreement. The content of these terms and conditions may not be extended or changed in any other way than by written agreement, signed by an authorized signatory. Trigono's distribution network may mean that the Customer receives his products delivered from a country other than Sweden. In this case, it is Trigono's Swedish terms that apply. The customer is responsible for his choice of products, as well as for his use of these and the results obtained. 2. Definitions The following terms, when used in these general terms and conditions, have the meanings given below, unless otherwise specified; "Trigono" means Trigono AB, Åkergränden 1 Box 4157 SE 227 22 Lund, Sweden. "Customer" means the natural or legal person who orders products if the order is received and accepted by Trigono. "Product" means parts, accessories, computer software, license agreements and other goods Trigono offers for sale and delivery. Prices Price for the products is - unless the parties have agreed otherwise in writing - the price Trigono continuously states in its computer system, from which all other price lists and price files are generated with a certain time delay. All prices are in Swedish kronor (SEK) excluding VAT but including customs duties. Regarding the fee for covering any costs for transport and packaging, see point 5 below. Until the date of delivery, Trigono may change prices as a result of changes in supplier prices, customs tariffs, fees, exchange rates and other conditions that are beyond Trigono's control and influence, in relation to the current price at the time of quotation. 4. Payment terms Unless Trigono states otherwise in its order confirmation, payment shall be made against the invoice no later than 10 days from the invoice date, provided that the Customer receives credit. Trigono issues an invoice upon delivery. In the event of delay in payment, Trigono is entitled to default interest of (1.5) percent per month, as well as a statutory reminder fee. For written payment reminders and other measures aimed at persuading the Customer to pay for overdue debt, Trigono is entitled to compensation in accordance with law. Even if the Customer complains about errors or defects in delivery, the Customer is obliged to pay the full purchase price within the agreed time for the part of the delivery that is not incorrect or defective. The complaint must be pointed out in writing to Trigono within five (5) working days of receipt of delivery and invoice. Agreed discounts can only be used and only if full payment is made within the agreed time. 5. Delivery, delay, transport, risk transfer At each delivery notice, the delivery time is estimated and thus stated as approximate. The products shall be intended to be delivered within 30 days from the delivery time stated in Trigono's order confirmation. It is up to Trigono to specify the time of delivery within this time frame. Trigonos' delay in delivery does not entitle the Customer to damages or other compensation regardless of the reason for the delay. If Trigono is delayed in the delivery of the Products by more than 30 days from the time specified in the Trigono order confirmation, the Customer has the right to cancel the purchase. However, the customer may not cancel the purchase if he does not notify Trigono in writing within 14 days after the end of the above-mentioned delivery period that the purchase is canceled. If the purchase is canceled, Trigono shall repay the part of the paid purchase price that relates to the Products to which the cancellation relates and pay interest thereon in accordance with §2 of the Interest Act. In addition, the Customer is not entitled to compensation or damages due to cancellation. The customer is prevented from terminating the agreement in connection with delays on grounds other than those stated above. Unless the parties agree otherwise, Trigono handles the transport of the products to the customer's address on behalf of the Customer. Trigono chooses the appropriate mode of transport and is responsible for transport insurance of the Products. The Customer is responsible for and pays for the transport of the Products from the Customer's door into the Customer's premises. The risk for the Products passes to the Customer when the Products have been delivered. Delivery of the Products takes place from Trigono's warehouse, unless otherwise agreed. In cases where the Customer himself picks up the goods at Trigono warehouse or arranges transport with a foreign carrier, the risk passes to such a carrier, regardless of whether the carrier only mediates the transport and does not handle it himself. 6. Retention of title Trigono reserves the right of ownership of the sold Product until payment is made as security for its claim on the purchase price with the addition of interest and overheads within the framework of time to other applicable legislation. 7. Warranty The products are delivered with the guarantees that the manufacturer or supplier offers Trigono. The customer can not invoke any additional product warranty from Trigono. Trigono shall not be liable for any information provided in the previous sales chain or by anyone other than Trigono. The warranty period is not extended as a result of Trigono correcting errors in or undertaking re-delivery of the Products. Trigono shall not be liable for errors caused by improper use, modification or accident. The stated warranty is not extended, limited or affected and no obligation or liability arises due to Trigono providing advice, service or support in connection with the delivery of the Products. Trigono's liability for defects in delivered Product is limited to the above and the Customer is not entitled to other compensation due to defects in delivered Product. 8. Complaints and returns The customer can never have a better right of return or guarantee with Trigono than what Trigono has from each manufacturer. Trigono is not liable for damage that has occurred as a result of the Customer not following the agreed or accompanying instructions prepared by the manufacturer. Guarantee: It is the Customer's responsibility to check the product upon receipt with regard to any errors and deficiencies. Defective products and missing CDs etc. in the delivery can be complained by the Customer within 30 days after the invoice date, provided that the product has not been removed from the range. Note that a claim for a guarantee can never be made later than 30 days after the invoice date! Otherwise, the Customer is deemed to have accepted the product. Trigono reserves the right to decide whether a product returned to Trigono within the warranty period should be replaced by an identical product or credited. Any credit is given at the invoiced price. Returns are made at the Customer's expense. The product is forwarded to the manufacturer for examination. Credit is only issued if tests prove that the product is defective. If the product during inspection at the manufacturer turns out to be faultless, the Customer will be charged a fee for this test of 450 sec. In order for returns on warranty to be approved, a detailed error description must be provided. NOTE! "Broken" or similar general terms are not sufficient. Trigono's liability is limited to the conditions above and the Customer is not entitled to other compensation due to defects in the delivered product. Incorrect order: Return of product due to incorrect order from customer may be allowed under certain circumstances. Note that a deduction of the standard fee of 500 SEK will always be made without exception. An application for a complaint due to incorrect ordering must be made within 7 days of delivery arriving at the customer. However, Trigono always reserves the right to reject such an application. Wrongly ordered product must be included in the regular range at the time of return. Discontinued from the range: Trigono only accepts returns on discontinued items, stock rotation on the existing range is not allowed. Exceptions only apply to customers who have a Volume or Partner Agreement with Trigono. The return must be received by Trigono no later than 30 days after the item has expired in our range. NOTE! Exceptions are items from specific manufacturers when the right of return is valid for 15 days. For more information, we refer to the return terms that apply to each manufacturer on our website. The return is only accepted if the product is in unbroken, undamaged original packaging, without the Customer's marking and the like. A counter-order on the return value is required and will not be executed until the return is available to us. Note that for all returns to Trigono: In order for the return to be accepted, the Customer must request a return approval and return number / RMA no. Returns without a return number are not accepted and are not sent back to the sender. The return approval received is valid for 10 days from the date of issue and the return number must be stated on the return packaging or consignment note, not on the product. Crediting is always done at an invoiced price. All return costs, such as return shipping, are at the Customer's expense. 9. Right of disposition of software (including documentation) For software, the Customer, when paying the purchase price, only acquires ownership of the storage medium on which the software is distributed. No ownership or copyright of software is thus transferred to the Customer. The customer receives the right to dispose of the software directly from the manufacturer of the software. Assignment of the right to dispose of software takes place on the terms specified by the manufacturer and which terms are included with the software. The customer must carefully observe the conditions that apply to the granting of the right to dispose of the software. 10. Patents, trademarks and other intellectual property rights If Trigono is immediately notified in writing by the Customer that the action has been brought against the Customer alleging that the Products infringe a Swedish patent, trademark or other intellectual property right, Trigono has the right to bring the Customer's action in such a case at its own or the right holder's and to pay costs. and damages, provided that Trigono or the right holder is granted the right in the case alone to determine the execution of the action and negotiate a settlement or settlement in the case and that the Customer any additional damages or compensation is transferred to Trigono. If an action for infringement of a patent, trademark or other intellectual property right is brought, or if in Trigono's opinion it is probable that such an action will be brought, Trigono may, at its own or the licensee's change the Products so that they do not infringe patent or other infringement of intellectual property rights. If the said alternative is not possible for Trigono, the Customer shall, upon written request from Trigono, return the Products. Trigono shall in this case compensate the Customer for the Products, but only within the framework of the compensation Trigono itself receives from the manufacturer or supplier. Trigono is not liable for any patent or copyright infringement actions based on the features or use of the Product provided under this Agreement in combination with equipment not provided by Trigono if such infringement could have been avoided by the use of other equipment regardless of whether it was to achieve the same or different functions or results. Trigono is also not liable for any action based on changes or modifications to the Product, which have been retained under this condition if such action could have been avoided in the absence of such change or modification. The above rules exhaust the full liability of Trigono for any infringement of any patent, trademark or other intellectual property right. 11. Person and property damage (damage to the environment) Trigono is liable - with the restrictions stated below and only Swedish legislation - for personal or property damage, caused by causing that which is not only of minor importance, by Trigono or by employees of Trigono or by a material breach of contract by Trigono. Trigonos' liability for damages only covers compensation for direct costs as a result of the damage. 12. Pure property damage Trigono has no liability for financial loss that affects the Customer such as loss of profit, expected savings, loss of income, damages and fines, etc., although Trigono is aware of the possibility that such damage may occur. However, Trigono shall - with the restrictions set out below and within the framework of Swedish legislation - be responsible for direct costs and expenses that affect the customer and which the customer shows have been caused to him, all provided that the financial loss is due to causation that is not only of minor importance, by Trigono or by employees of Trigono or by a material breach of contract by Trigono. 13. Limitation of liability The customer's possible claim for deduction of the purchase price as well as Trigono's liability for damage due to this agreement is limited to a total of 10% of the agreed purchase price, unless Trigono has been guilty of gross negligence. Trigono's liability due to this agreement in no way covers indirect damages nor damages that Trigono when the agreement was entered into could not reasonably take into account. 14. Export License All deliveries presuppose that the Customer receives the export licenses or authorizations required by Swedish or foreign authorities. In addition to the restrictions regarding the right to transfer or otherwise dispose of the Product that follow from these terms, other agreements between the parties or the Customer's agreement with the manufacturer, etc. may for export or other disposal regarding the Product or part thereof Swedish, American or other foreign export license or another government permit is required. The Customer is responsible for ensuring that the export of or other disposal of the Product or part thereof does not take place in violation of such regulations. 15. Grounds for Exemption Labor dispute, war, sabotage, fire, water damage, burglary, government action, failure, failure or by Trigono or the supplier clearly unforeseen delay in energy supply, telecommunications, other communications, transportation or in subcontractor performance as well as any other, similar or similar, circumstance outside Trigono or the supplier's control, which prevents or complicates the execution of the delivery, entitles Trigono to extend the agreed schedule or, to a corresponding extent, postpone measures due to these circumstances. If the delivery is delayed due to specified conditions for more than six months after the agreed time for delivery, each party is entitled to terminate the agreement, whereby the last two sentences in the last paragraph of paragraph 7 shall apply mutatis mutandis. 16. Replacement equipment In the event of a delivery delay, error or defect in the Product or an event that constitutes a ground for exemption, Trigono has the right, unless the parties have agreed otherwise, to fulfill its obligation to the Customer by delivering replacement equipment with the corresponding function as an order-confirmed Product. 17. End User Information It is the Customer's responsibility to inform the end user of the terms of this term that may or may not affect the end user's purchase, use or disposition of the product, including patents, trademarks or other intellectual property rights and any warranties given by the manufacturer. Use of the Products may be subject to restrictions with regard to use in, for example, nuclear power plants and the like. It is the Customer's responsibility to obtain further information from Trigono as to whether the goods are to be used for purposes other than commercial, public or private use. 18. Assignment of the agreement This agreement which follows from these terms and the Customer's order can not be transferred without Trigonos' prior written consent and the transfer of rights and / or obligations under this agreement is invalid without such approval. 19. Partial invalidity, disputes If one or more of the provisions of these Terms and Conditions are deemed invalid, illegal or unenforceable, none of the other provisions' validity, legality or enforcement shall be affected or impaired thereby. No claim, regardless of the nature or grounds arising in connection with these terms and conditions, may be raised by either party more than two (2) years after the reason for the claim arose, or in the event of non-payment, more than two (2) years after the date of last payment. Disputes arising from this agreement shall be settled in accordance with Swedish law and by Swedish courts. These terms and conditions apply from 1 January 2003 until they are amended. © 2008-2010 Trigono - Nordic specialist in software - info@trigono.se - 046-276 50 00 - Mon 10-16 Tue-Fri 8.30-16 - Subscribe to newsletter