1. Offer, confirmation or agreement

These Terms and Conditions (“TC”) of Fibersystem AB apply to and form an integral part of all quotations and offers made by Fibersystem AB (“Fibersystem”), all acceptances, acknowledgements and confirmations by Fibersystem of any orders by Buyer and any agreements (“Agreement(s)”) regarding the sale by Fibersystem and purchase by Buyer of goods and services
(“Products”), unless and to the extent Fibersystem explicitly agrees otherwise in writing. Any TC set forth on any document or documents issued by Buyer either before or after issuance of any document by Fibersystem setting forth or referring to these TC are hereby explicitly rejected and disregarded by Fibersystem, and any such terms shall be wholly inapplicable to any sale made by Fibersystem to Buyer and shall not be binding in any way on Fibersystem. Fibersystem’s offers are open for acceptance within the period stated by Fibersystem in the offer or, when no period is stated, within thirty (30) days
from the date of the offer, but any offer may be withdrawn or revoked by Fibersystem at any time prior to the receipt by Fibersystem of Buyer’s acceptance thereof.

2. Pricing

Prices in any offer, confirmation or Agreement are based on SEK, delivery Ex-Works (INCOTERMS latest version)

Any currency variation greater than +-3% between the quoted exchange rate and bank sell exchange rate at date of invoice shall be adjusted. Pricing not include any taxes, duties or similar levies, now or hereafter enacted, applicable to the Products or any other expenses. Fibersystem will add taxes, duties and similar levies to the sales price where Fibersystem is required or enabled by law to pay or collect them and these will be paid by Buyer together with the price.

3. Payment

Unless agreed otherwise between Fibersystem and Buyer in writing, Fibersystem may invoice Buyer for the price of the Products delivered upon delivery of the Products in accordance with the applicable INCOTERM. Net payment is due within thirty (30) days of date of invoice unless agreed otherwise between Fibersystem and Buyer in writing. All payments shall be made to the designated Fibersystem address. If deliveries are made in installments, each installment may be separately invoiced and shall be paid for when due. In addition to any other rights and remedies Fibersystem may have under
applicable law, interest will accrue on all late payments at the rate of eighteen percent (18%) per annum or the applicable statutory rate, whichever is higher and to the extent permitted by applicable law, from the due date until payment in full.

4. Delivery and quantities

Products shall be delivered Ex-Works (INCOTERMS latest version) as designated by Fibersystem, unless otherwise agreed in writing. Delivery dates communicated or acknowledged by Fibersystem are approximate only, and Fibersystem shall not be liable for, nor shall Fibersystem be in breach of its obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date.

5. Force majeure

Fibersystem shall not be liable for any failure or delay in performance if: (i) such failure or delay results from interruptions in the Product manufacturing process; or (ii) such failure or delay is caused by Force Majeure as defined below and/or by (case) law. In case of such a failure as set forth above, the performance of the relevant part(s) of the Agreement will be suspended for the period such failure continues, without Fibersystem being responsible or liable to Buyer for any damage resulting therefrom.

6. Limited warranty and disclaimer

Fibersystem warrants that under normal use in accordance with the applicable user manual the Products, (excluding any software that is not embedded in or delivered with any goods by Fibersystem or software which is subject to copyright owned by a third party) shall, at the time of delivery to Buyer and for a period of twentyfour (24) months from the date of delivery.

7. Limitation of liability

(a) Fibersystem shall not be liable for any lost profits, lost savings, loss of reputation, loss of goodwill, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the agreement or the sale of any products or services by Fibersystem or the use thereof whether or not such damages are based on tort, warranty, contract or any other legal theory – even if Fibersystem has been advised, or is aware, of the possibility of such damages.

8. Confidentiality

Buyer acknowledges that all technical, commercial and financial data disclosed to Buyer by Fibersystem and/or its affiliates is the confidential information of Fibersystem and/or its affiliates. Buyer shall not disclose any such confidential information to any third party and shall not use any such confidential information for any purpose other than as agreed by the parties and in conformance with the purchase transaction contemplated herein.