General terms and conditions - Preventive maintenance

1. Agreement description
   Agreement concerning Preventive maintenance.
   
   
2. Application
   These general terms and conditions shall apply in combination with an agreement concerning Preventive maintenance that has been established between the parties. The equipment concerned and the applicable terms and conditions shall be specified in the agreement between the parties. Agreed terms and conditions shall take precedence over these general terms and conditions.
   
   
3. Conditions for the price
   The price includes reimbursement for the Seller’s work and travel. Travel expenses may however be specified separately in the agreement. The work shall be performed during the Seller’s normal working hours between 07.00 and 16.00. Waiting time and overtime, environmental and consumable charges and/or delivery of spare parts and accessories, as well as any other additional costs caused by the Purchaser shall be charged separately in accordance with the price list and the norms applied by the Seller at the time the maintenance is carried out. The price shall be index-linked during the agreement period and follow the labour cost index presented by Statistics Sweden (SCB) for workers in the engineering industry SNI 25-30, 33. The base index figure shall be specified in the agreement.
   
   
4. Price and payment
   The price shall apply from the time specified in the agreement. Payment shall be made upon receipt of an invoice within thirty 30 days net from the invoice date. The price is exclusive of value added tax and any other state and/or municipal taxes, which shall be paid by the Purchaser.
   
   
5. Late payments
   Late payments shall be subject to penalty interest in accordance with the Swedish Interest Act, a special payment reminder fee and, where applicable, debt collection fees.
   
   
6. The Seller’s undertaking
   The Seller shall be liable for the preventive maintenance specified in the agreement. Preventive maintenance shall be performed at the times and intervals agreed between the parties. This undertaking shall cover the following:

• Inspection and preventive maintenance of the machinery: To be carried out in accordance with the standards SS-EN 1726-1 and SS-EN 1726-2.
• Fork test/checking of lifting forks: To be carried out in accordance with SS/ISO 5057.

A fire protection control in accordance with SBF 127:14 is also included. In connection with the performance of preventive maintenance, the Seller shall keep a thorough record of its observations and actions taken. Copies of such records or similar documents should be sent to the Purchaser after completion of the maintenance.

6.1 Delay on the part of the Seller
If the Seller fails to arrive at the agreed or notified time for performance of the preventive maintenance as a result of circumstances for which the Purchaser is not responsible or circumstances which do not provide grounds for exemption in accordance with clause 10, the following shall apply: The Purchaser and Seller shall agree in writing a reasonable deadline by which the Seller shall complete the maintenance. If the Seller does not complete the preventive maintenance by the deadline, the Purchaser shall be entitled to perform the preventive maintenance either itself or through another party. The Seller shall compensate the Purchaser for the direct additional costs that the Purchaser incurs by performing the agreed preventive maintenance either itself or through another party.

6.2 Liability for inadequate maintenance
If the Seller fails to fulfil its contractual obligations when performing preventive maintenance or if the maintenance work is not performed in a professional manner, the Seller shall, upon receipt of a claim from the Purchaser, remedy the deficiencies in the maintenance at its own expense with the urgency dictated by the circumstances. Any claim regarding completed maintenance shall be submitted without reasonable delay after the Purchaser discovers or should have discovered the deficiencies in the maintenance. The liability shall be limited to six (6) months or 500 hours of operation, whichever arises first.

6.3 Additional services
The agreement may also include additional services at additional cost. This entails the checking of additional equipment, such as scales, cameras, radio/stereo, AC, fire extinguishers and computers/displays. If a certified service technician is required for the additional service, this shall be provided by a third party via the Seller. Inspections of driver lifts shall be carried out by an accredited control body. Responsibility for inspection and purchase of the service rests with the Purchaser.

7. The Purchaser's undertaking
   The Purchaser has certain responsibilities and undertakings in accordance with the agreement concerning preventive maintenance.

7.1 The Purchaser’s liability 
At the request of the Seller, the Purchaser undertakes to provide all technical documentation concerning the equipment that is needed in order to perform the preventive maintenance. If the equipment is subject to an inspection, the Purchaser shall be responsible both for ensuring that the inspection is carried out and for covering the associated cost.

The Purchaser shall also ensure that the driver or other person responsible for the equipment is present during the performance of the preventive maintenance.

7.2 Repair area 
To enable the agreed maintenance to be carried out, the Purchaser shall make available a suitable area to the Seller. The details concerning the layout of this area shall be agreed between the parties.

7.3 Delay on the part of the Purchaser 
The Purchaser shall immediately notify the Seller if the Purchaser is unable to receive the Seller at the agreed or notified time for performance of the preventive maintenance for any reason.

Furthermore, if the Purchaser needs to cancel a scheduled service, this shall be done no later than the day before the agreed or notified time. Services that are not cancelled will be charged in accordance with the applicable maintenance price list which the Seller applies at the time in question.

8. Coordination responsibility related to the work environment

• The Purchaser's undertaking The Purchaser has certain responsibilities and undertakings in accordance with the agreement concerning preventive maintenance. These include:
• Provision of information about general/police regulations: The Purchaser shall keep the Seller informed at all times about local fire safety regulations and escape routes.
• First aid and protective equipment: The Purchaser shall be obliged to provide information on where first aid equipment and any protective equipment is available.
• Safety rules at the workplace: The Seller's employees shall be obliged to follow the code of conduct and safety regulations in force at the workplace.
• Right to stop work: The Purchaser shall have the right to stop the work if the Seller fails to follow specified rules and regulations.
• Clear instructions for the Seller’s personnel: The Seller shall ensure that its own personnel have clear instructions concerning the performance of the work.
• Personal protective equipment: The Seller shall provide necessary personal protective equipment and special protective devices for safe work.
• Fire alarm, fire extinguishers and escape routes: This equipment may not be blocked by either the Seller or the Purchaser.
• Use of the Purchaser’s equipment: The Seller shall not use the Purchaser’s machinery or equipment (e.g. trucks, scaffolding or tools) without the permission of the Purchaser. However, the Seller may use vehicles in connection with maintenance.

• Working hours: The Seller’s work should normally be performed during the Purchaser’s ordinary working hours. Deviations from this provision shall require the permission of the Purchaser.
• Solitary work: Solitary work shall only be performed in accordance with the Swedish Work Environment Authority's regulations on solitary work (AFS 2023:2 4 kap).
• First aid and crisis support: The Purchaser and Seller shall cooperate in accordance with the Swedish Work Environment Authority's regulations on first-aid and crisis support (AFS 2023:2 4 kap).
• Hot work: Where no approved premises are available for hot work, no hot work (e.g. welding, cutting and soldering) may be carried out without the permission of the Purchaser. In such cases, the Seller shall provide a fire safety officer, and the necessary fire safety equipment shall be made available via the Purchaser. The form "Tillstånd/kontrollista för tillfälliga heta arbeten" [Permit/checklist for temporary hot work] shall always be completed before any hot work is commenced.
• Safety inspection rounds: The Purchaser should carry out safety inspection rounds in the premises that are made available. The Seller shall be responsible for inspecting his own equipment.
• Changing facilities and washing and canteen areas: The Purchaser shall provide suitable areas for the changing of clothes, washing and consumption of meals, where necessary.
• Worker protection and environmental legislation: Both the Seller's and the Purchaser’s employees shall follow applicable worker protection and environmental legislation. In addition, they should be well-informed about and follow the Purchaser’s environmental procedures.

9. Limitation of liability
   Except as stipulated in the agreement and these terms and conditions, the Purchaser shall not be entitled to claim damages or any other compensation from the Seller. The Seller shall not be obliged to compensate the Purchaser for damage to property, loss of output, lost earnings or other indirect losses of any kind.

10. Grounds for exemption
    In the event of an industrial dispute or other circumstances which the parties neither have any control over nor could have foreseen at the time of signing of the agreement, this shall constitute grounds for exemption if it hinders the execution of the agreement or renders such execution unreasonably burdensome. A party that wishes to cite grounds for exemption shall notify the other party in writing of the onset of such circumstances and of their cessation.

12. Termination of the agreement
    If the Purchaser delays payment by more than twenty (20) days after the due date, the Seller shall be entitled to terminate this agreement in its entirety with immediate effective.
    
    
13. Disputes
    Disputes relating to the validity, interpretation, applicability or application of this agreement, and the resultant legal circumstances, shall be resolved with final effect through arbitration in accordance with the Swedish Arbitration Act. In the event of a dispute, the Swedish Code of Judicial Procedure regarding voting, aggregation of cases and distribution of court costs shall apply. If a dispute concerns an amount which, at the time of commencement of proceedings, amounts to not more than four (4) times the basic amount under the Swedish National Insurance Act (1962:381), either party shall however be entitled to bring the claim before the courts in accordance with the procedure stipulated for the payment injunction and debt collection.
14. Extension of agreement period/Termination
    In accordance with the agreement, the agreement shall be extended by one year at a time if it is not terminated in writing by no later than three (3) months before the end of the current agreement period.

If any of the Equipment that is covered by the agreement is taken out of operation before the end of the agreement period, the Seller shall be notified in writing within a reasonable period of time.

13.1 Assignment
If the Customer assigns the Equipment, the agreement shall be terminated in accordance with clause 13. The new owner of the Equipment may sign a new agreement with the Seller, provided that the Seller gives its written consent. Notwithstanding the foregoing, it is important that the new owner does not carry on the commercial trading of trucks.

14. Collection and use of truck data
    Toyota’s trucks are connected to the internet and, when used, collect and store data on the way they are used. This information concerning use of the trucks (“truck data”) is sent to and used by Toyota. The collection, transfer and processing of truck data takes place as part of the work of Toyota and its affiliated companies to continuously improve our logistics solutions and for product leasing and servicing offers. This collection, transfer and processing of truck data does not adversely impact on the Customer’s intangible rights and falls within the framework of what is prescribed in accordance with applicable law, including data protection legislation.
    
    If the Customer has reached agreement concerning or uses Toyota’s I_Site service, either previously, in connection with a new order or an agreement, or as a supplement to existing equipment or agreement, a separate licence and service agreement and a data processing agreement shall apply.