Hi, and welcome to FlexQube

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At FlexQube we love to take our customers to the next level of intralogistics. That’s why we put customer service as one of our highest priorities. All of our employees have that special gift of ensuring they walk that extra mile alongside their customers to make sure we deliver on all promises. You can browse our FAQ page to see if your questions are there. Otherwise, If you would you like to reach out to one of our customer support superstars, send an email to [email protected]

Prerequisite to Use

Attention: please read these terms carefully before using this website. Use of the website constitutes acceptance of these terms and any other terms contained in any other part of this website. You are deemed to agree to these terms, even if you have not read them. If you do not accept these terms, do not use this website.

Privacy Policy

FlexQube is committed to providing privacy protection of employee data maintained by the Company. We encourage you to read our Privacy Policy which is hereby incorporated into these terms.

Your Information

There may be opportunities on our website for you to provide us with information about you, such as your name, address, telephone or e-mail address. If you choose to share any personal information with us, we may store it and use it within FlexQube and with our business partners.

When you visit our website, we may collect and store information about your visit, including the time and length of your visit, the pages you look at and the website you visited just before coming to ours. We may also record the name of your internet service provider. We use this information only to measure activity on this website and to developing and improving the website. User questions, comments and other feedback about this website are treated as non-confidential and may be disclosed without notice or obligation to the user or provider.

Any communication or material you transmit to FlexQube over the Internet is and will be treated as non-confidential and non-proprietary. By transmitting any information or materials to this website you agree that FlexQube and its affiliates may use your information or material for any purpose, including duplication, transmission, publication, broadcasting and posting of the information or material, or use of the information or materials in a product or service of FlexQube or its affiliates.

Use of the FlexQube Website

FlexQube does not warrant that this website will meet your needs or expectations, that the use of this website will be error free or uninterrupted, or that all non-conformities can or will be corrected. The content and structure of this website are subject to change without notice.

Links from this website are provided for your convenience. If you leave this website via a link contained herein, the content that you view therein is not provided by FlexQube. FlexQube is not responsible for the content at those sites. FlexQube makes no warranties or representations as to, and shall have no liability for, any electronic content delivered by any third party or the use of any personal information you provide to any such website.

Disclaimer of Warranties

The information on the website is to the best of our knowledge true and accurate, but FLEXQUBE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OR PERFORMANCE OF THIS WEBSITE FOR ANY PURPOSE. THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FLEXQUBE DISCLAIMS ALL RESPONSIBILITY FOR USE OR MISUSE OF THE INFORMATION CONTAINED IN THIS WEBSITE AND ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WITHOUT LIMITING THE FOREGOING, FLEXQUBE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEBSITE AND THE CONTENT THEREIN; AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL FLEXQUBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY (1) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTALOR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING IN ANYWAY OUT OF THE AVAILABILITY, USE, RELIANCE ON THE CONTENT OF THIS WEBSITE, INABILITY TO USE THE WEBSITE OR ANY CONTENT ON THIS WEBSITE, OR ANY OTHHER CAUSE; AND EVEN IF CAUSED BY FLEXQUBE’S, ITS AFFILIATES OR ANY THIRD PARTY’S NEGLIGENCE, AND EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. THESE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS.

Indemnification

By using the website, you agree to indemnify and hold FlexQube, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the website or its contents, any violation of these terms by you, or any content you transmit on or through the website.

Applicable Law

The validity, performance and construction of these terms shall be governed by and construed in accordance with Swedish law. The United Nations Conventions on Contracts for the International Sale of Goods is not applicable to these terms. Through the use of this website, the user and its agents consent to that disputes arising out of or relating to these terms shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce applicable at the time arbitration is called for. The arbitration proceedings shall be held in Gothenburg, Sweden. If a Party is domiciled outside Sweden, the arbitration proceedings shall be conducted in English. The user hereby acknowledges that FlexQube is not subject to the jurisdiction of the United States of America.

Right to Amend Terms

FlexQube reserves the right to alter or amend any of the foregoing terms without obligation or notice to users. Any such alterations or amendments will be posted on this website. Although the website is accessible worldwide, not all products or services discussed in the website may be available in all geographic locations. FlexQube reserves the right to restrict the provision of any product or service to any person, company, geographic location it desires, in compliance with applicable law.

Shipping

FlexQube currently ships to over 20 countries worldwide. These countries include:

North America: USA, Canada, Mexico

Europe: Sweden, Germany, UK, Netherlands, Norway, Finland, Denmark, Belgium, France, Italy, Spain, Slovakia, Poland, Austria, Switzerland, Czech Republic.

If you are located outside of these countries contact a sales representative to see if we can ship to your location.

 

Warranty

11. Warranty and liability for defects
11.1 FlexQube warrants that the Product(s) upon delivery will be free from defects in manufacture and materials supplied by FlexQube, and will comply in all material
respects with the agreed written specifications. The warranty set forth in this Article is the only warranty by FlexQube with respect to the Product(s) and any documentation, such as users manuals and guides, provided by FlexQube together with the Product(s). NO OTHER WARRANTY OR GUARANTEE OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, SHALL APPLY.

11.2 FlexQube’s obligations under the above warranty shall apply only to failures to meet the warranty occurring within six (6) months from the date of delivery pursuant to Article 4.2; provided FlexQube has been notified in writing by the Purchaser within thirty (30) days after a nonconformity with the warranty is discovered or should have been discovered.

11.3 FlexQube’s liability to the Purchaser for any claim relating to defects in the Product(s) shall be limited to repair or replacement of defective Product(s), or, at its sole option, refund to the Purchaser of an amount corresponding to the price paid by the Purchaser for such non-conforming Product(s).

11.4 FlexQube shall repair or replace the defective Product(s) within a reasonable time. The Purchaser is obliged to carry out dismantling and re-installation of defective Product(s) at its own risk and cost. In case where FlexQube is liable for defects, transport of defective Product(s) to and from FlexQube shall be at FlexQube’s account and risk.

11.5 FlexQube’s obligations under this Section 11 shall not apply to nor include any Product(s), or part thereof, which have been subject to accident or modification or which have not been properly stored, maintained or used after delivery to the Purchaser.

11.6 If the Purchaser has given notice of non-conformity and no defect is found which is required to be corrected (or a refund issued) by FlexQube. FlexQube shall be entitled to compensation for the work and cost FlexQube has incurred by reason of the Purchaser’s notice. FlexQube General Conditions of Sale, April 2018

11.7 Save as stipulated in this Section 11, FlexQube shall not be liable for defects in delivered Product(s). The remedies set out in this Section 11 are the sole and exclusive remedies available to the Purchaser in case of defects in delivered Product(s). All other claims against FlexQube based on defects in delivered Product(s) shall be excluded.

Billing

We bill according to agreed quotation and terms therein, for which a buyer needs to issue a purchase order as accept, preferably a PDF document emailed to [email protected].

One-time purchase orders by email or by phone can be accepted in case of certain circumstances and will be billed according to what has been agreed in written or oral communication.

FlexQube’s general payment terms are Net 30 days. All new customers are required to accept these terms unless there is a certain exception to be accounted for, such as e.g. a specific worldwide framework agreement or an undertaken, agreed upon purchasing volume. You are welcome to contact our sales representatives to further discuss this matter.

FlexQube’s general delivery terms are FCA from our warehouse and unless otherwise specified The cost of shipping, freight and packaging, will be added to the final invoice. The buyer has the option of choosing to ship with their own freight forwarder and in such instances must relay contact details and billing account number to the third-party forwarder. Note that we do not provide customs clearance services, import clearance is to be handled by the buyer into the country of destination.

The bills will be issued electronically by email as a PDF-file directly to the buyer’s accounts payable. Please make sure that the correct details have been forwarded to us. If necessary we are able to upload/register invoices in an online supplier portal, such as e.g. Ariba, Coupa etc., as well.

Note that the final invoice might be a subject for tax according to domestic legislation. If you have any inquiries regarding this matter or would like to forward any supporting tax document for sales tax or VAT please email us at [email protected].

If you have any questions regarding your bill and/or payment, please email our accounts payable department at [email protected].

Conditions of Sale

1. Introduction
1.1 These General Conditions of Sale shall apply for the sale and delivery of Product(s) from FlexQube to the Purchaser. Any terms and conditions referred to by the Purchaser shall be valid only if accepted in writing by FlexQube.

1.2 In these General Conditions of Sale the following definitions shall have the meaning set out below.

1.2.1 “Agreement” shall mean the sale agreement between FlexQube and the Purchaser regarding the sale of Product(s) consisting of these General Conditions of Sale, a Framework Agreement when applicable, the purchase order, any confirmation or acceptance thereof issued by FlexQube, and all documents referred to therein. In case of any inconsistency between the terms and conditions of the purchase order and these General Conditions of Sale, the General Conditions of Sale shall prevail.

1.2.2 “FlexQube” shall mean the FlexQube entity making the sale of Products to the Purchaser.

1.2.3 “Framework Agreement” shall mean the Framework Agreement entered into by a company within the Purchaser’s Group of Companies and a company within the FlexQube Group of Companies, if applicable.

1.2.4. “Group of Companies” shall mean, for FlexQube and the Purchaser respectively (i) any company that owns either party, directly, or indirectly, with more than 50 % of the share capital and/or controls, directly or indirectly, more than 50 % of the votes in either party, (ii) any company in which either party owns, directly or indirectly, more than 50 % of the share capital and/or controls, directly or indirectly, more than 50 % of the votes, and (iii) any other company under such common ownership or control.

1.2.5 “Product(s)” shall mean the product(s) specified in a purchase order issued by Purchaser and accepted by FlexQube.

1.2.6 “Purchaser” shall mean the legal entity purchasing the Products from FlexQube.

1.2.7 Other definitions shall have the meaning otherwise specified herein.

2. Supply of Products
2.1 Subject to the terms and conditions herein, FlexQube agrees to sell and deliver to Purchaser and Purchaser agrees to purchase and take delivery from FlexQube of the
Product(s).

2.2 The Product(s) will be manufactured in accordance with the purchase order and quality systems applied by FlexQube from time to time.

3. Orders
3.1 The Purchaser shall submit to FlexQube its purchase orders for Product(s). The purchase order shall contain information concerning quantities, desired delivery dates and part article number. Further, the Purchaser shall,
together with the purchase order, provide any drawings, specifications, performance criteria and other relevant information for first-time manufacture of a particular Product. PURCHASER SUBMITTING A PURCHASE ORDER SHALL CONSTITUTE AN ACCEPTANCE BY THE PURCHASER OF ALL THE TERMS AND CONDITIONS CONTAINED HEREIN EXCEPT FOR ANY TERM AND CONDITION TO WHICH PURCHASER SHALL PROMPTLY OBJECT IN WRITING.

4. Delivery and packing
4.1 FlexQube shall deliver the Product(s) “EXW” (as defined in Incoterms 2010) FlexQube’s facility, with the deviations specified herein.

4.2 The Product(s) shall be delivered on the delivery date specified in the order confirmation issued by FlexQube or on the date agreed between the parties thereafter.

4.3 The Product(s) shall be packed, marked and labelled by FlexQube.

5. Passing of title
5.1 Title, interests and rights to the Product(s) shall pass to Purchaser upon full payment of the purchase price pursuant to Article 6. The retention of title shall not affect the passing of risk of loss or damage to the Product(s).

6. Price and payment
6.1 The prices agreed upon in the Agreement are exclusive of any and all value added taxes, sales taxes and other taxes, duties, levies, customs and public charges of any nature
(“Taxes”). Any Taxes assessed on FlexQube by any local, state, federal or national authorities in any jurisdiction in connection with the sale and delivery of the Product(s) shall be paid by the Purchaser.

6.2 The prices agreed upon in the Agreement are exclusive of any and all freight and transportation costs in relation to transporting the Product(s) from FlexQube, or its manufacture, to the Purchaser (“Freight”). Any Freight in connection with the sale and delivery of the Product(s) shall be paid by the Purchaser.

6.3 The prices agreed upon in the Agreement are exclusive of any and all packing material in relation to packing the Product(s) pursuant to Article 4.3 (“Packing Material”). Any Packing Material in connection with the sale and delivery of the Product(s) shall be paid by the Purchaser.

6.4 All payments shall be made by the Purchaser to FlexQube within thirty (30) days from receipt of FlexQube’s invoice in the currency set forth in the invoice and with reference to the invoice number. Payment shall on the due date have been made immediately available to a bank designated by FlexQube.

6.5 In case of late payment interest will be charged with twenty (20) per cent (or such maximum lower interest rate permitted by applicable law) per annum on amounts due
from the original due date until payment has been made in full.

6.6 Payments shall be made without any set off, deductions or withholdings of any kind.

6.7 If the Purchaser fails to fulfil any condition of the terms of payment, FlexQube may withhold deliveries and suspend FlexQube General Conditions of Sale, April 2018 2
performance. If such non-fulfilment is not rectified by the Purchaser within thirty (30) days after notice thereof, FlexQube may terminate the Agreement with immediate effect without incurring any liability towards the Purchaser.

7. Technical modifications
7.1 The Purchaser may in writing require changes of the technical specifications of some of the Product(s). Any changes of the technical specifications that affect the costs of or the time for performance, shall lead to an adjustment in price or delivery date or both.

7.2 FlexQube shall not be obliged to comply with any changes to the technical specifications, unless the parties have agreed on the adjusted prices or delivery date or both and FlexQube has confirmed its ability to otherwise comply
with the requested changes.

8. Export controls and origin
8.1 The parties agree to comply with applicable national and international export control regulations. If the Product(s) or a component therein, which the Purchaser has ordered hereunder is subject to international or national export control regulations Purchaser shall be responsible and liable to notify FlexQube thereof and of the scope of the export restrictions. In such case FlexQube shall assist the Purchaser in obtaining the export licenses as directed by the Purchaser, at Purchaser’s sole cost and expense. FlexQube shall never have to supply or deliver Product(s) in breach of national or international export control regulations.

8.2 FlexQube shall upon delivery supply Purchaser with an export certificate or its equivalent containing details of the origin of the Product(s) delivered.

8.3 The origin of the Product(s) may not be altered without the prior written consent of Purchaser.

9. Property and ownership
9.1 All tangible and intangible property, including but not limited to tools, typebound tools, tool drawings, materials, drawings, computer software, documents, information or
data of every description, furnished to FlexQube by the Purchaser shall be and remain the property of Purchaser. All other tangible and intangible property shall be and remain the property of FlexQube.

10. Intellectual property rights
10.1 All intellectual property rights relating to tangible and intangible property owned by the Purchaser shall be the property of Purchaser and all intellectual property rights relating to tangible and intangible property owned by
FlexQube shall be the property of FlexQube.

10.2 If FlexQube or FlexQube’s manufacture of the Product(s) initiates, involves or results in experimental-, development- or research work or engineering work, any intellectual property rights, whether patentable or not, arising from such work shall accrue solely to FlexQube.

10.3 The Purchaser shall be responsible for ensuring that the Product(s) or its use does not infringe any intellectual property rights of any third party. The Purchaser undertakes to indemnify and hold FlexQube harmless for
any damage, loss, expense or liability arising out of or relating to the Product(s) and infringement of third party rights. The Purchaser shall investigate, defend and otherwise handle any such claim and shall at FlexQube’s request, assist FlexQube in disputes in which FlexQube
could become involved by reason of such infringement and also shall, upon the request of FlexQube, assume the defense of FlexQube in such dispute.

10.4 FlexQube shall own any and all rights to designs, solutions, applications and constructions created by the Purchaser’s
use of the Product(s) and the Purchaser agrees that FlexQube has the exclusive and worldwide right to use and re-use any and all designs, solutions, applications and constructions that the Purchaser has created using the
Product(s), provided that the Purchaser may use such designs, solutions, applications and constructions for its own use. The Purchaser also agrees to provide FlexQube with necessary documentation for such use.

11. Warranty and liability for defects
11.1 FlexQube warrants that the Product(s) upon delivery will be free from defects in manufacture and materials supplied by FlexQube, and will comply in all material
respects with the agreed written specifications. The warranty set forth in this Article is the only warranty by FlexQube with respect to the Product(s) and any documentation, such as users manuals and guides, provided by FlexQube together with the Product(s). NO
OTHER WARRANTY OR GUARANTEE OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, SHALL APPLY.

11.2 FlexQube’s obligations under the above warranty shall apply only to failures to meet the warranty occurring within six (6) months from the date of delivery pursuant to Article 4.2; provided FlexQube has been notified in writing
by the Purchaser within thirty (30) days after a nonconformity with the warranty is discovered or should have been discovered.

11.3 FlexQube’s liability to the Purchaser for any claim relating to defects in the Product(s) shall be limited to repair or replacement of defective Product(s), or, at its sole option,
refund to the Purchaser of an amount corresponding to the price paid by the Purchaser for such non-conforming
Product(s).

11.4 FlexQube shall repair or replace the defective Product(s)
within a reasonable time. The Purchaser is obliged to carry out dismantling and re-installation of defective Product(s) at its own risk and cost. In case where FlexQube is liable
for defects, transport of defective Product(s) to and from FlexQube shall be at FlexQube’s account and risk.

11.5 FlexQube’s obligations under this Section 11 shall not apply to nor include any Product(s), or part thereof, which have been subject to accident or modification or which have not been properly stored, maintained or used after delivery to the Purchaser.

11.6 If the Purchaser has given notice of non-conformity and no defect is found which is required to be corrected (or a refund issued) by FlexQube. FlexQube shall be entitled to compensation for the work and cost FlexQube has incurred by reason of the Purchaser’s notice. FlexQube General Conditions of Sale, April 2018

11.7 Save as stipulated in this Section 11, FlexQube shall not be liable for defects in delivered Product(s). The remedies set
out in this Section 11 are the sole and exclusive remedies available to the Purchaser in case of defects in delivered Product(s). All other claims against FlexQube based on defects in delivered Product(s) shall be excluded.

12. Liability
12.1 FlexQube shall hold Purchaser harmless from direct damages and losses incurred by the Purchaser, provided that such damages and losses have been caused by defective Product(s), that the defective Product(s) have
resulted in property damage and that sole negligence can be attributed to FlexQube. FlexQube’s aggregate liability under this Article 12.1 is limited to an amount equal to fifty (50) per cent of the contract value of the Agreement
under which the defective Product(s) have been delivered.

12.2 Except for what is provided for in Article 12.1, the Purchaser shall hold FlexQube harmless from any claims from a third party related to the Product(s).

12.3 In no event, whether as a result of breach of contract or warranty, tort liability (including negligence and strict liability) or under any other legal theory, shall FlexQube be liable for any special, punitive, incidental, consequential or
indirect losses or damages whatsoever, including but not limited to loss of profit, revenue or production, interest on investments, loss of goodwill, cost of capital, cost of substitute equipment, facilities or services, downtime
costs, or claims of customers.

13. Force majeure
13.1 Neither party shall be under any liability to the other party for any non-fulfillment of any provisions hereof or failure on its part to perform any obligations, other than payment of the purchase price, as a result of labour disputes, strikes or lockouts, late deliveries from subcontractors or suppliers, compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, interference by computer virus or any other causes of the same nature or for force majeure which in this context shall mean and include, but not be limited to, war
(whether declared or not), sabotage, riots, explosions, government control, restrictions or prohibitions or any other acts or omissions of government or its administrative authorities whether local or national, fire accident, earthquake, storm, flood, epidemic, drought or
other catastrophes, as well as inability to obtain
equipment, suitable raw materials, components, fuel, power or transportation or any other causes beyond the reasonable control of such Party. If a party is unable to perform any of its obligations by reason of the causes
referred to above, that party shall notify the other party of the estimated extent and duration of such inability.

14. Insurance
14.1 The Purchaser undertakes at all times during the term of this Agreement to procure and maintain insurances covering its liability and indemnity including, but not limited to, general liability insurance, employer’s liability insurance, professional indemnity insurance and an
insurance policy covering any property of FlexQube in its care, custody and control.

14.2 The Purchaser shall, on demand, provide evidence satisfactory to FlexQube that it has in full force and effect appropriate insurances in respect of the insurances described in Article 14.1.

15. Termination
15.1 Either Party is entitled to terminate the Agreement with immediate effect and without any liability for compensation due to such termination if the other party:
(a) enters into composition negotiations, is declared bankrupt or takes advantage of any bankruptcy, reorganization or similar laws for the adjustment or discharge of its obligations, goes into liquidation or for any other reason can be assumed to have become insolvent; or
(b) is in material breach of any provision of the
Agreement and fails to rectify such breach within thirty (30) days after a written notice to that effect.

15.2 Termination according to Article 15.1 shall be done without undue delay after such circumstance becomes known to the terminating party or should have become
known to the terminating party.

16. Confidentiality
16.1 All information, know-how and technical documentation to which a party has obtained access through the parties’ business relationship, shall for the duration of the
Agreement and thereafter be treated as confidential and may not be used for any purpose other than for the fulfilment of obligations under the Agreement. It may not
be shown to or in any other way communicated to or used by others than personnel of either of the parties directly involved in the fulfilment of obligations under the Agreement. FlexQube shall, however, always have the right to disclose information to its suppliers, consultants
and other contractors for the fulfilments of its obligations hereunder. Copying or reproduction of such confidential information is permitted only within the framework of the fulfilment of a party’s obligations and with regard to copyright laws and regulations.

16.2 Neither party will publicize the existence of this Agreement or disclose its terms without the prior written approval of the other party or as required by law, except as provided in Article 17.11 and Article 17.12.

16.3 A party shall, at the other party’s request, either return or destroy everything referred to in Article 16.1, including all copies thereof.

16.4 This Section 16 shall survive the termination of the Agreement.

17. Miscellaneous
17.1 The Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement and annuls and replaces any and all previous oral and written agreements, contracts,
understandings and communications which may have existed between the parties with respect to such subject matter.

17.2 Neither party shall have the right to assign or encumber this Agreement or any part thereof nor any right or FlexQube General Conditions of Sale, April 2018 4 obligation under the Agreement, without the prior written
consent of the other party, which may be withheld for any reason. FlexQube however, reserves the right to assign its rights to receive payment pursuant to the Agreement or
any purchase order.

17.3 No modification, amendment or alteration of any provision hereof will be valid unless made in writing signed by both parties.

17.4 Each of the parties hereto hereby represents to the other that the execution and delivery of the Agreement and the performance thereof will not contravene or constitute a default under its constitution, by-laws or any other agreement, instrument or other form of commitment to which any party hereto is also bound.

17.5 The parties hereto shall be independent contractors in the performance of the Agreement and the Agreement does
not constitute any partnership nor does it constitute either party the agent or legal representative of the other party for any purpose whatsoever. Neither party is granted any expressed or implied authority to assume or
create any obligation on behalf or in the name of the other party or to bind the other party in any manner whatsoever. No employee of either party will be considered an employee of the other party.

17.6 Any notice required or permitted to be given under this Agreement by one of the parties to the other, shall be in writing in the English or Swedish language and will be
deemed to have been properly delivered if delivered in person, by prepaid registered airmail or by telefax, addressed to reference to the purchase order. Unless otherwise specifically provided for herein, such notice
shall take effect upon receipt by the addressee, provided that such notice shall be deemed to have arrived upon the expiration of ten (10) days from the date of sending in case of prepaid registered air mail and twenty-four (24) hours from the hour of sending in case of telefax. Each party may change its address by written notice given to the other party in the manner set forth above.

17.7 Failure or delay on the part of either party hereto to exercise any right, power or privilege under the Agreement, or to require full performance by the other party, shall not, unless expressly stipulated in a written instrument signed by the party, operate as a waiver
thereof. Nor shall any single or partial exercise of any right, power or privilege preclude exercise of any other right, power or privilege.

17.8 If due to a change in any applicable law or due to a decision or other act (including failure to act) by any competent authority one or more of the provisions of the Agreement can no longer be enforced or an amendment
of one or more of the provisions of this Agreement is required, the parties agree that they shall endeavour to find an alternate solution approaching as near as possible
the contractual situation existing prior to such a change, decision or act.

17.9 If any provision of the Agreement is determined to be invalid or unenforceable, the remaining provisions shall not be affected thereby, and the Agreement shall be administered as though the invalid or unenforceable provision was not a part of the Agreement.

17.10 Each party to the Agreement will be responsible for its own legal costs and charges in the preparation and execution hereof.

17.11 Notwithstanding anything to the contrary herein, FlexQube has the right and the Purchaser agrees to that FlexQube uses the Purchaser’s name as a reference customer.

17.12 The Ultimate parent company in the FlexQube Group, FlexQube AB (publ), is listed on Nasdaq First North Stockholm. With such listing follows that FlexQube is subject to, inter alia, the EU regulation 596/2014 on market abuse (“MAR”). FlexQube reserves the right to
disclose information about any order placed by the Customer, to the extent necessary to comply with the MAR.

17.13 Any personal data, as defined in the EU regulation 2016/679, provided to FlexQube by the Purchaser is treated in accordance with our Privacy Policy which can be accessed on our website www.flexqube.com.

18. Applicable law and disputes
18.1 The Agreement shall be governed by and construed in accordance with Swedish law. The United Nations Conventions on Contracts for the International Sale of Goods is not applicable to the Agreement.

18.2 Disputes arising out of or relating to the Agreement shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce applicable at the time arbitration is called for. The arbitration proceedings shall be held in Gothenburg,
Sweden. If a Party is domiciled outside Sweden, the arbitration proceedings shall be conducted in English. The Purchaser hereby acknowledges that FlexQube is not subject to the jurisdiction of the United States of America. Notwithstanding the foregoing, FlexQube may take any legal action necessary at any competent court for
collection of any payment due to FlexQube for Product(s) ordered hereunder. The parties hereto do hereby submit to the jurisdiction of such court for such purpose.

FlexQube US Southeast sales manager
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