GENERAL TERMS AND CONDITIONS FOR PROVSVARET AB
These general terms and conditions (the "Terms") apply to Provsvaret AB's sale of products and provision of services to companies, organizations, authorities, and other legal entities (the "Customer"), unless otherwise agreed in writing.
Provsvaret refers to Provsvaret AB, registration number 556958-5986.
By placing an order via the website, email, quote, order confirmation, or other written agreement, the Customer accepts these Terms.
1. Application and order of agreement
1.1 These Terms apply to all sales of products (the "Products") and provision of services (the "Services") from Provsvaret.
1.2 The Terms apply to orders placed via the website, email, quote, order confirmation, separate agreement, or other written agreement.
1.3 The agreement between Provsvaret and the Customer (the "Agreement") consists, where applicable, of:
- a separate written agreement,
- a quote from Provsvaret,
- an order confirmation,
- any annexes or special terms,
- these General Terms and Conditions.
In case of conflicting information, the documents shall apply in the order stated above, unless otherwise expressly stated.
1.4 These Terms apply unless the parties have agreed otherwise in writing.
2. Products and services
2.1 Provsvaret offers products and services within drug and alcohol testing and related areas, including but not limited to:
- rapid tests and sampling materials,
- alcohol tests and associated equipment,
- workplace drug and alcohol testing,
- on-site sampling or sampling via partners,
- training and consulting,
- administrative services,
- laboratory-based confirmatory analysis via external laboratories or partners, where applicable,
- digital access to results, reports, or other information via portal or other digital service.
2.2 Provsvaret reserves the right to change the assortment, specifications, product descriptions, technical solutions, and service offerings at any time.
2.3 Information in marketing, on the website, or in informational materials is indicative and binding only to the extent expressly stated in the Agreement.
2.4 Provsvaret is not liable for typographical errors, image errors, technical errors, or other obvious inaccuracies in price lists, product descriptions, informational materials, or on the website.
3. Quote, order, and agreement
3.1 Unless otherwise stated, a quote from Provsvaret is binding for 30 days from the date of the quote.
3.2 An agreement for the purchase of Products is deemed concluded when the Customer has received an order confirmation from Provsvaret, or when delivery has commenced.
3.3 An agreement for Services is deemed concluded when the parties have confirmed the booking, assignment, quote, or other agreement in writing.
3.4 Provsvaret reserves the right to refuse an order or assignment, for example in the event of:
- suspicion of fraud,
- missing or insufficient creditworthiness,
- unpaid overdue invoices,
- lack of capacity,
- if the Customer is unable to provide reasonable conditions for performing the assignment.
3.5 Special terms in a quote, order confirmation, or separate agreement take precedence over these Terms.
4. Prices and payment terms
4.1 All prices are stated in Swedish kronor (SEK) excluding VAT, unless otherwise expressly stated.
4.2 Unless otherwise agreed, payment is made against invoice with 20 days' payment terms from the invoice date.
4.3 In the event of late payment, default interest is charged in accordance with the Swedish Interest Act, together with any statutory reminder fee and debt collection fee.
4.4 Provsvaret has the right to withhold the delivery of Products, the performance of Services, the release of results, or other performance if the Customer has overdue unpaid claims to Provsvaret.
4.5 For on-site assignments, costs for travel, accommodation, freight, express handling, special administration, waiting time, or other agreed additional costs may apply.
4.6 Provsvaret has the right to adjust prices in the event of:
- changed purchasing costs,
- exchange rate fluctuations,
- increased transport or laboratory costs,
- changes in taxes, fees, laws, or regulatory requirements,
- other significant cost changes outside Provsvaret's control.
4.7 For ongoing agreements or recurring deliveries, Provsvaret has the right to adjust prices at most once per calendar year with reference to relevant cost developments or an index, such as the Service Price Index (SPI), Producer Price Index (PPI), or other agreed index.
5. Delivery of products
5.1 Products are delivered to the address or receiving point specified by the Customer or otherwise agreed.
5.2 Stated delivery times are estimates and do not constitute a guarantee, unless otherwise expressly agreed in writing.
5.3 Provsvaret is responsible for the Products until they are delivered to the Customer or to a recipient designated by the Customer.
5.4 The risk for the Products passes to the Customer upon delivery.
5.5 The Products remain the property of Provsvaret until full payment has been made.
5.6 The Customer shall, without delay, inspect the delivery upon receipt. Visible transport damage, faults, deficiencies, or deviations shall be reported to the carrier and Provsvaret as soon as possible.
6. Performance of services and Customer's responsibility
6.1 Services are performed at the time, place, and under the conditions agreed by the parties.
6.2 Stated times for performance, reporting back, results, or delivery of a service are estimates and do not constitute a guarantee, unless otherwise expressly agreed in writing.
6.3 The Customer is responsible for providing the practical, organizational, and administrative conditions required for the Service to be performed, including but not limited to:
- access to the agreed location,
- a contact person where required,
- order and security at the location,
- access to the test subject or other relevant person,
- correct information and instructions to Provsvaret,
- correct identity verification where this is required or agreed,
- the Customer's internal routines, policies, employment law processes, consents, and other legal conditions are managed by the Customer.
6.4 If the Customer or a person designated by the Customer performs sampling, handling, storage, packaging, or any other part of the testing process, the Customer is responsible for ensuring that Provsvaret's instructions are followed in full.
6.5 Provsvaret is not liable for delays, deviations, or errors caused by:
- lack of cooperation from the Customer,
- incorrect information from the Customer,
- absence of the test subject,
- lack of identity verification,
- incorrect sampling, handling, storage, or transport for which the Customer or a third party is responsible.
7. Test results, screening, and laboratory verification
7.1 Rapid tests, screening tests, and other initial test results are, as a general rule, preliminary screening results, unless otherwise expressly stated.
7.2 Positive, deviating, unclear, or contested screening results may need to be verified by laboratory-based analysis.
7.3 If laboratory verification is performed, such analysis is carried out via an external partner or laboratory, unless otherwise specifically stated.
7.4 Stated response times for laboratory analyses, confirmatory analyses, transport, or reporting back are estimates and may be affected by, among other things:
- transport time,
- public holidays,
- laboratory capacity,
- additional analysis needs,
- regulatory requirements,
- subcontractors' performance,
- other circumstances outside Provsvaret's control.
7.5 Test results, reports, and statements from Provsvaret do not constitute a medical diagnosis, medical advice, or employment-law assessment, unless otherwise expressly agreed.
7.6 The Customer is responsible for how test results, reports, and other information are used in the Customer's operations, including employment-law, disciplinary, organizational, or other decisions.
8. Booking, rescheduling, cancellation, and missed sampling
8.1 Booked Services, samplings, training, or assignments may be cancelled or rescheduled only after written confirmation from Provsvaret.
8.2 Unless otherwise specifically agreed, Provsvaret has the right to charge:
- 100% of the agreed price for cancellation later than 2 working days before the agreed time for an on-site assignment, training, or other reserved resource,
- 100% of the agreed price if the test subject does not appear, fails to participate, or if the assignment cannot be performed due to a circumstance attributable to the Customer.
8.3 In the event of cancellation or change that gives rise to costs already incurred, such as travel, accommodation, express freight, laboratory orders, or other external costs, Provsvaret has the right to charge such costs in full.
8.4 If the Customer requests waiting time, rescheduling, or additional attendance, Provsvaret has the right to charge for this in accordance with the applicable price list or special agreement.
9. Complaints and defects
9.1 The Customer shall complain about a defect in a Product or Service in writing without unreasonable delay after the defect has been or should have been discovered.
9.2 Visible defects or deviations regarding a Product shall be reported within 7 calendar days of receipt at the latest.
9.3 Defects or deficiencies in a Service shall be reported within 5 working days of the Service being performed or of the result, report, or other delivery being received, unless the defect could not reasonably have been discovered earlier.
9.4 In the event of an approved complaint, Provsvaret has the right, at its own discretion, to:
- remedy the defect,
- redo the Service,
- redeliver the Product,
- grant a price reduction,
- or refund the part of the consideration corresponding to the defective part.
9.5 The Customer is not entitled, on its own or through a third party, to take measures at Provsvaret's expense without Provsvaret's prior written approval.
9.6 Provsvaret is not liable for defects or deficiencies caused by:
- materials, instructions, or information from the Customer,
- incorrect use,
- failure to follow instructions,
- incorrect sampling, handling, or storage by the Customer or a third party,
- circumstances outside Provsvaret's control after the passing of risk.
10. Personal data, confidentiality, and subcontractors
10.1 Provsvaret processes personal data in accordance with applicable data protection legislation and the current privacy policy.
10.2 Where Provsvaret processes personal data on behalf of the Customer, a separate data processing agreement may be required.
10.3 The Customer is responsible for ensuring that the necessary legal basis, internal routines, information to data subjects, and other legal conditions exist for the testing or other processing initiated by the Customer.
10.4 Provsvaret has the right to engage subcontractors and partners to perform the Agreement, including but not limited to laboratories, carriers, IT suppliers, sampling partners, and administrative service providers.
10.5 The parties undertake not to disclose, without the other party's consent, confidential information obtained within the scope of the Agreement, unless disclosure is required by law, by a decision of an authority, or to perform the Agreement.
11. Portal and digital access
11.1 If Provsvaret provides access to a portal, reporting system, or other digital service, the Customer is responsible for ensuring that login credentials, permissions, and access are managed securely.
11.2 The Customer shall immediately notify Provsvaret in the event of suspicion of unauthorized access, incorrect permissions, or other security-related incidents.
11.3 Provsvaret strives for high availability but does not guarantee that the portal or digital service will always be free from interruptions, delays, maintenance, errors, or disturbances.
11.4 Provsvaret is not liable for damage arising as a result of interruptions, errors, or unavailability in the portal or digital service, beyond what follows from mandatory law or an express written agreement.
12. Limitation of liability
12.1 Provsvaret is liable only for direct damages caused by negligence on Provsvaret's part.
12.2 Provsvaret is not liable in any case for:
- indirect damages,
- consequential damages,
- loss of profit,
- production losses,
- loss of goodwill,
- lost savings,
- other indirect or economic consequential losses.
12.3 Provsvaret's aggregate liability under the Agreement is, unless otherwise required by mandatory law, limited to the lower of:
- the amount the Customer has paid for the relevant order or the relevant Service, or
- the amount the Customer has paid to Provsvaret during the last 12 months prior to the event causing the damage.
12.4 Provsvaret is not liable for decisions, actions, or consequences resulting from the Customer, an employer, a principal, an authority, or any other third party using test results, reports, or other information as the basis for employment-law, disciplinary, organizational, medical, or other assessments or decisions.
12.5 Provsvaret's liability for defects, delay, deficiency, or other breach of contract is limited to the remedies expressly stated in these Terms.
13. Force majeure
13.1 Provsvaret is released from liability for failure or delay in performing its obligations if this is due to circumstances beyond Provsvaret's reasonable control, for example:
- labor disputes,
- war,
- fire,
- natural disasters,
- pandemic or spread of disease,
- decisions or actions by authorities,
- disturbances in energy or communications supply,
- IT or system outages,
- transport disruptions,
- delay or fault by a subcontractor, laboratory, or carrier as a result of such circumstance.
13.2 Provsvaret shall, where possible, inform the Customer of such circumstance and of the expected impact.
14. Early termination
14.1 For ongoing or fixed-term agreements, each party has the right to terminate the Agreement with immediate effect if the other party:
- materially breaches the Agreement and fails to remedy this within 30 days of a written notice, or
- suspends its payments, enters into liquidation, is declared bankrupt, or can otherwise be presumed to be insolvent.
14.2 Upon termination of the Agreement, the Customer shall pay for all Products, Services, and costs that have been delivered, performed, ordered, or accrued up to the date of termination.
15. Assignment
15.1 The Customer may not, without Provsvaret's written approval, assign its rights or obligations under the Agreement.
15.2 Provsvaret has the right to assign its rights and obligations under the Agreement to a company within the same group or in connection with a transfer of operations.
15.3 Provsvaret has the right to assign or pledge claims against the Customer.
16. Changes to the terms
16.1 Provsvaret has the right to change these Terms.
16.2 Changed Terms apply from the time they are published on the website or otherwise communicated to the Customer, but only for orders, deliveries, or assignments that occur after the entry into force, unless otherwise specifically agreed.
17. Dispute resolution and applicable law
17.1 Disputes arising in connection with the Agreement shall first be resolved through negotiation between the parties.
17.2 If the parties cannot agree, the dispute shall be settled by Swedish public courts, with Borås District Court as the court of first instance.
17.3 The Agreement shall be interpreted and applied in accordance with Swedish substantive law, without applying any rules of private international law that would lead to the application of any other law.
18. Contact information
Provsvaret AB
Registration number: 556958-5986
Email: info@provsvaret.com
Telephone: +46 33-723 27 00
Website: www.provsvaret.se / www.provsvaret.com