Our terms & conditions
Here we have collected terms and conditions for all KP Energy products and services, as well as delivery and return policies.
Quality-assured product assortment with high stock availability
Secure and flexible deliveries to meet your needs
Services and solutions that support your growth
Introduction
These general conditions apply to all deliveries of products and services from KP Sverige AB, organization number 559191-0004 ("KP Energy"). They may be amended unilaterally by KP Energy and will enter into force when published on KP Energy's website. Information on changes is also published in the customer portal.
KP Energy provides products and services for the buyer's professional use and can offer services for the end customer's use, in which case they are not covered by these general terms and conditions.
Definitions
- Working day: Non-holiday (Monday to Friday) with the exception of Midsummer Eve, Christmas Eve and New Year's Eve.
- Special order product: Product purchased by KP Energy on behalf of the buyer without the product being in stock or a product that has been modified or otherwise made unique to the buyer.
- Fixed price: Service whereby KP Energy guarantees that the price will not change until delivery takes place.
- Buyer: Organization that orders products and/or services from KP Energy.
- Stock item: Product that has a place in KP Energy's warehouse and is available for immediate delivery, subject to availability.
- Delivery of the product: when the product is physically handed over from KP Energy to the buyer or the buyer's agent.
- Delivery date: The day the product is delivered to the buyer or the place designated by the buyer.
- Product: good or material
- Final customer: organization or person to whom the buyer sells KP Energy products, with or without assembly.
- Service: Intangible item provided by KP Energy as a complement to the products. A service can be a financial solution, a training course, a digital tool, etc.
- Unloading day: The day the product is available to the buyer at KP Energy's unloading point.
- Unloading day: The day the product is available to the buyer at KP Energy's unloading point.
Products
The products that KP Energy provides are displayed in the customer portal together with prices, descriptions, warranty conditions, etc. depending on what is applicable for each product category.
Services
The services provided by KP Energy are displayed in the customer portal or on KP Energy's website.
Changes in the product and service assortment
KP Energy continuously evaluates products, services and suppliers in order to constantly offer the buyer an attractive assortment of goods and services. Changes in the assortment are therefore ongoing and the current assortment is always shown in KP Energy's customer portal and on KP Energy's website.
Price changes
KP Energy adjusts prices on an ongoing basis. The increase will be notified to customers with contracts at least 30 days before the increase comes into effect. Reductions can be made immediately.
KP Energy reserves the right, in extreme cases, to adjust prices immediately in case of events beyond KP Energy's control that significantly affect KP Energy's purchase prices. Such an event could be a change in exchange rates, a change in tax or duty, or a shortage of products on the market. In this case, the notification is replaced by a message published on KP Energy's customer portal.
Order
An order is primarily completed by the Buyer by registering the order in KP Energy's customer portal. Ordering can also be done by contacting KP Energy's customer service by email or phone. It is the buyer's responsibility to ensure that the person placing the order is authorized. The order is binding for both parties once KP Energy has confirmed it. Orders can be placed for delivery up to nine months in the future. If KP Energy confirms the order with a discharge date other than the one requested by the buyer, the buyer may contact KP Energy within two working days and change or cancel the order free of charge. If the buyer does not do this, the order is binding.
Delivery
Deliveries take place at the delivery times and on the delivery terms stated in the order recognition or otherwise in the Agreement. Unless otherwise stated, the General Delivery Provisions NL09 apply to the material deliveries made by KP Energy. For such deliveries, delivery terms apply Ex Works and with a reasonable delivery time, taking into account the manufacturer's delivery times (including any delays thereof) and the other delays or obstacles that may arise. KP Energy is always entitled to charge freight costs for deliveries made by KP Energy.
Delivery is on a working day unless otherwise agreed in the specific case.
Delivery is made according to EXW delivery terms (Incoterms 2020). Packaging costs will be added unless a shipping service is purchased from KP Energy. Collection takes place according to the collection procedure.
Upon collection, the buyer or the buyer's agent must check the products according to the Receiving Control procedure. If collection has not taken place after five working days, the order will be cancelled. The buyer is then obliged to compensate KP Energy for the additional costs incurred by KP Energy, but at least 500 SEK per commenced day.
KP Energy accepts the end customer as the buyer's representative provided that the buyer has communicated the end customer's name to KP Energy.
Invoicing
KP Energy will invoice the credit-approved buyer when the products are delivered or, if delivery cannot be made due to circumstances for which the buyer is responsible, when the products are returned to the carrier's or KP Energy's premises. For services, invoicing takes place after delivery unless otherwise stated in the terms and conditions of the specific service.
For buyers who are not credit approved, advance payment must instead be made before delivery, according to the Advance Payment procedure, or alternatively that sufficient security is provided for the delivery.
Pricing
The price on the day of the order applies. Any promotional or offer price is valid before the list price.
Prices for products refer to delivery within three months. Subsequent deliveries are subject to a fixed price surcharge as set out in the service price list.
Payment
Unless otherwise agreed, payment shall be made no later than 20 days after the date of the invoice. In case of non-payment, late payment interest is charged from the first day after the due date at the reference rate + 8 percentage points.
A shorter payment period applies to advance invoices. Failure to pay an advance invoice by the day after the due date means that the buyer has canceled the order.
Amendment by the Buyer
A change of order can be made up to three days before the day of loading according to the Change of order procedure. Early delivery is possible if the product is available for delivery on the requested date. Postponement of delivery results in a fixed price surcharge if it would have been incurred if the order had originally been delivered on the new loading date.
If the order is extended, the additional order is treated as a new order. If the order is reduced, the reduction is treated as a cancellation.
A change later than three days before the day of loading may in some cases be possible, and will in that case be subject to a change fee of 1000 SEK in addition to the fee for an earlier change.
Amendment by KP Energy
If KP Energy delays the delivery date for the main part of the order by more than four weeks, the buyer has the right to cancel the stock items on the order free of charge within two working days of being informed of the change. The majority of the order means more than 50% of the order value.
If individual products cannot be delivered on the confirmed loading date, KP Energy shall, if possible, replace these products with equivalent products, preferably at the same price level (+-5%) as the ordered products, at the price of the replacement products. The buyer shall accept the replacement products. If the buyer does not accept the replacement products, the buyer has the right to cancel the stock items on the order free of charge. Such cancellation shall be made within two working days of the buyer being informed of the replacement products. If KP Energy is unable to offer the product(s) approved by the buyer and the buyer does not agree to postpone delivery of the product(s), KP Energy is entitled to cancel all or part of the order without compensation to the buyer.
Cancellation
Cancellation is done according to the Cancellation procedure. In case of cancellation, KP Energy charges the buyer a fee corresponding to 100% of the order value of the order goods. If cancellation is made later than ten working days but earlier than three days before the day of loading, KP Energy also charges a fee of 10% of the order value for stock items.
In the event of cancellation later than three days before the date of loading, the fee is 100% of the order value for order goods, 20% of the order value for stock goods, as well as compensation for the additional costs incurred by KP Energy for packaging, cancellation of the freight order, etc.
If the cancellation relates to fixed price orders, KP Energy will instead charge a fee of 30% of the order value for stock items and 100% of the order value for order items even if the cancellation is made earlier than ten working days before the day of loading.
Returns
Products purchased from KP Energy that are unused and in their original packaging may be returned. Returns shall be registered via KP Energy's customer portal and the goods shall be clearly marked with the return number. Returns without registration will not be accepted by KP Energy. If the buyer wishes to return a product, this is done according to the Returns procedure.
KP Energy does not accept returns of:
- Goods to order
- Promotional products
- Bargain goods / sale goods
- Products supplied by someone other than KP Energy
- Products delivered more than 60 calendar days ago
- Products that were discontinued in KP Energy's assortment at the time of the order
- Products with a value of less than 1000 SEK excluding VAT
- Products that have been used or are not in their original packaging
The buyer pays for the return shipping and bears the risk of the product during transportation.
KP Energy credits 100% of the price of the product for good product, i.e. for products that KP Energy can sell as new. If the original packaging is damaged, 50% of the product price is credited and if the product is damaged, 0% of the product price is credited.
For handling costs, KP Energy charges a return fee of 500 SEK per case, but not if the buyer books the return shipping him/herself. The product must be returned to KP Energy's warehouse no later than 10 working days after the return is registered. Otherwise, the buyer's right to compensation lapses.
For returns due to errors by KP Energy - see Complaints.
What cannot be returned?
- Products delivered from KP Energy more than 60 days ago
- Products that are marked as discontinued or have been removed from the standard assortment and are no longer available in our e-commerce.
- Return value less than 1000 SEK
- Unique customized orders and products defined as made-to-order in our e-commerce.
Remuneration terms and fees
- Accepted returns are credited at 100% of the order value.
- If the original packaging is damaged, 50% of the order value of the returned goods will be credited.
- In case of product damage, 0% of the order value is credited.
- The buyer always pays for the return freight and is responsible for the returned goods during transportation.
Complaints
Complaints should be made as soon as possible after the defect or deficiency is discovered or should have been discovered in accordance with the Complaints procedure. Except in the case of defects covered by the product manufacturer's warranty, complaints should be made no later than three months after the date of unloading and, if possible, before the product is assembled.
However, for the purpose of investigation, any defect in the delivery which is or could have been detected on receipt of the goods must be notified no later than five working days after the date of unloading.
If a complaint is not made as described above, the buyer loses the right to compensation.
* KP Energy charges a return fee of 500 SEK to cover the cost of returns. The return fee is charged if the buyer books return shipping.
Education
For educations, cancellation must be made at least five working days before the education start date. Otherwise, the full amount will be charged. The registered person can be replaced free of charge until the day before the start of the course.
Financial services
For factoring, leasing etc. KP Energy is only an intermediary, so the terms of business are agreed separately between the buyer and the provider of the respective financial service.
The extended credit period is accepted by the buyer when placing an order in KP Energy's customer portal and relates only to the current order.
Temporary extended credit expires automatically if a new application is not made at least two weeks before the end of the credit period.
Shipping services
Freight service includes unloading using hand truck and tail lift. The buyer is responsible for unloading and unloading aids in other cases.
Shipping costs are charged according to KP Energy's price list and include packaging costs. In case of non-standard delivery conditions, additional costs will be incurred. Such delivery conditions include locations with lower than clearance height, roads with weight restrictions, and delivery address with no fixed road connection.
Upon delivery, the buyer must check the products according to the Receiving Inspection procedure. If the buyer's representative is not present at the time of delivery and cannot be reached by the telephone number provided, the products will not be unloaded. These are instead taken back to the carrier's or KP Energy's premises at the buyer's expense. The buyer is also responsible for storage costs until final delivery. If delivery is not possible after five working days, the order will be cancelled. The buyer is obliged to compensate KP Energy for the additional costs incurred by KP Energy, but at least 500 SEK per commenced day.
Other logistics services
Unloading assistance with a crane truck, large truck, etc. is ordered at the time of placing the order. Free cancellation can be made provided that KP Energy does not incur costs due to this. In this case, the buyer shall bear the additional costs incurred by KP Energy.
For delivery within the specified time window, it is considered a delay if the delivery arrives more than 30 minutes outside the confirmed time interval. Notwithstanding the provisions of the Liability section, the liability for damage resulting from this is limited to the amount paid by the buyer for the service.
Other services
For IT support for the buyer's business (Empower), invoicing takes place monthly, and termination of the service takes place at the end of the month with at least 30 calendar days' notice.
For Plant Design, the order is binding when KP Energy has approved the buyer's documentation, and that KP Energy's liability for errors in the design is limited to the amount as stated under the item Limitation of Liability below.
Liability for product defects
KP Energy is responsible for product defects according to the product specifications and warranty conditions of the respective product manufacturer. Such guarantees never cover faults caused by incorrect installation, improper operation, lack of maintenance, wear and tear, abnormal stress or abnormal use.
KP Energy is not responsible for indirect costs related to product defects or suspected product defects, beyond what the respective product manufacturer does. Before troubleshooting and remedial action is taken, the buyer shall make a complaint or otherwise agree with KP Energy on how to troubleshoot. If this is not done, the buyer is not entitled to compensation.
Liability for visible errors in delivery
KP Energy is not responsible for product damaged during transportation.
KP Energy is responsible for errors that mean that the delivery deviates from the confirmed order, including changes, regarding product, quantity, time and place.
Liability for material damage
KP Energy is not responsible for any damage caused by the product to real or personal property.
Responsibility for disposed product
Any product delivered to the Buyer that is to be returned to KP Energy for any reason shall be handled and stored by the Buyer so that the product, including packaging, does not deteriorate.
Deviation from specification
KP Energy reserves the right that the product may differ from the description in KP Energy's customer portal. If the deviation is essential to the buyer, KP Energy shall work with the buyer to find a solution to the problem.
Limitation of liability
KP Energy is never liable for indirect damages, costs or losses such as, but not limited to, loss of profit, loss of production, loss of information or loss of goodwill.
KP Energy's liability per claim, including a series of related claims, is limited to an amount equal to fifty percent of the net price of the product, products or services. If the service is of an ongoing nature, the six-month net price is the limit.
Intellectual property rights
Information about products and services are available on the customer portal. This information is the intellectual property of KP Energy or KP Energy's supplier and may only be used in the context of the professional relationship between the buyer and KP Energy.
Security
If the buyer does not have sufficient credit for the order, KP Energy has the right to refuse the purchase. KP Energy may agree to purchase if the buyer provides security deemed sufficient by KP Energy. Such security may be a floating charge, bank guarantee, parent company guarantee, personal guarantee, surety bond or advance payment. If KP Energy has good reason to fear that the buyer will not be able to pay for ordered products, KP Energy has the right to stop deliveries and request security even if the approved credit amount has not been fully utilized.
Marketing
The buyer is entitled to use the KP Energy logo and other marketing materials provided by KP Energy within the framework of the cooperation free of charge. The logo shall be used according to KP Energy's instructions.
Personal data
KP Energy processes personal data as described on the website https://kpenergy.se/dina-personuppgifter/.
Confidentiality
KP Energy and the buyer shall keep information about each other's business relationships confidential and shall not disclose it to any third party except as required for the performance of the contract or as required by law, court order or official decision.
Assignment of contracts
If KP Energy and the buyer have signed an agreement regarding their cooperation and one of the parties wishes to transfer the agreement, this may only be done after the other party has approved it.
Grounds for exemption/Force majeure
The following circumstances constitute grounds for exemption if they mean that KP Energy's or the buyer's fulfillment of its obligations is prevented or becomes unreasonably burdensome: industrial dispute and any other circumstance beyond the control of KP Energy or the buyer, such as fire, natural disasters, and extreme natural events, war, mobilization or military call-up of equivalent magnitude, requisition, seizure, trade and currency restrictions, riots and insurrection, shortage of means of transport, general scarcity of goods, restrictions in the supply of power and failure or delay of deliveries from subcontractors, caused by such grounds for relief.
The above-mentioned circumstances constitute grounds for exemption only if their impact on the obligations of KP Energy or the buyer could not be foreseen at the time the order was placed.
Whichever of KP Energy and the buyer wishes to invoke the grounds for exemption above shall notify the other party in writing without delay.
Notwithstanding anything else in these provisions, KP Energy or the buyer may cancel the order by written notice if the completion of delivery is delayed for more than six months for reasons of relief as above.
Dispute resolution
Disputes between KP Energy and the buyer shall finally be settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC).
Rules for Simplified Arbitration shall be applied unless the SCC, taking into account the difficulty of the case, the value of the object of dispute and other circumstances, determines that Arbitration Rules shall be applied to the proceedings. In the latter case, the SCC shall also decide whether the arbitration board shall consist of one or three arbitrators. The seat of the arbitration shall be Stockholm and the language of the proceedings shall be Swedish. Swedish law shall be applied to the dispute.
However, KP Energy has the right to bring an action before a general court for the payment of undisputed amounts due according to the agreement and/or these General Terms and Conditions.