These general terms and conditions (hereinafter “General Terms”) apply to the delivery of services by Kitchenary AB with Swedish corporate identity number 559058-0071 (“Kitchen PR”) to any person or legal entity (“Customer”).
1. Kitchen PR undertakes to carry out its services with sufficiently skilled employees in a professional way.
2. Kitchen PR undertakes to deliver the services within the time agreed with the Customer. If no particular time has been agreed, the results shall be delivered within reasonable time.
3. The Customer will make available to Kitchen PR information and access to Customer’s employees to the extent reasonably required by Kitchen PR to perform the services.
4. Unless otherwise agreed, the remuneration for Kitchen PR’s services follows the general price list of Kitchen PR as applicable from time to time. Payment shall be effectuated by the Customer within 20 days following date of invoice. Kitchen PR may charge interest on overdue payments according to the Swedish Interest Act (SFS 1975:635), and additional fees for payment reminders and collection. Should the Customer fail to make payments on time Kitchen PR may discontinue carrying out the services upon two weeks prior written notice.
5. When services are provided on an ongoing basis, and unless otherwise agreed, the agreement is valid until further notice and may be terminated by either party subject to four months prior written notice.
6. The liability of Kitchen PR relating to the service does not extend to indirect damages or costs, including without limitation loss of data, profit, turnover, goodwill or third party contracts. Kitchen PR’s liability is limited to twenty five percent of the fees charged for Services during the twelve month period preceding the claim. Further, Kitchen PR shall not be liable towards the Customer by reason of any failure in the performance of its obligations on account of any circumstances beyond its control which it could not have been reasonably expected to foresee at the time of entering into the agreement and the consequences of which it could not reasonably have avoided or overcome, or as a result of its sub-contractors being prevented from supplying goods or services due to similar circumstances. The Customer agrees to defend Kitchen PR against, and to indemnify and hold Kitchen PR harmless from, any claims or suits by a third party against Kitchen PR or any liabilities or judgments based thereon, arising as a result of Kitchen PR’s performance of services for the Customer under this Agreement, except when such claim or suit arises due to the gross negligence or willful misconduct of Kitchen PR.
7. This agreement shall be governed by Swedish law (with the exception of its choice of law provisions). Any dispute arising from this agreement shall be subject to the sole jurisdiction of the courts of Sweden with the District Court of Stockholm as the first instance.
8. These General Terms apply as of October 1 2017. The Parties become bound by the General Terms upon any of the following: execution of an agreement referring to these General Terms; acceptance or confirmation, in writing, of a quote referring to these General Terms (by e-mail or otherwise); oral acceptance of such quote followed by written confirmation from Kitchen PR; or payment of an invoice from Kitchen PR.