TERMS AND CONDITIONS - SCROTIFY
1. About the Company and Scope
1.1 These general terms and conditions (the “Terms”) apply to all trades, contracts and use of services provided through, but not limited to, the Platform Skrotify.se, services or other platforms of the company and the Skrotify brand, and related applications.
1.2 The activity is carried out by the legal entity MM Laundry AB (org.nr. 559481-8857), which is in the process of changing its name to Skrotify AB. Through a debt transfer, MM Vättning AB has fully taken over operations, platform, agreements, receivables, employees and customer relations from Skrotify Branch (org.nr 516413-9247). Regardless of whether a specific purchase agreement or call off has originally been concluded with Skrotify Filial or directly with MM Västning AB, the legal counterparty — and the holder of the rights of the agreement — are hereafter collectively referred to as “Skrotify”.
1.3 The Terms form an integral part of any agreement between Skrotify and the seller/user (“Seller”). By using the Service, registering an account or entering into or maintaining a purchase agreement, the Seller accepts these terms and the transfer of previous agreements in full. In the event of any conflict between a specific purchase agreement and these terms, the specific agreement shall prevail, provided that it does not limit Skrotify's right to cover costs in the event of Seller's breach of contract.
2. Seller's Liability and Material Declaration (Strict Liability)
2.1 The seller carries a strict liability that the material notified for collection or delivery fully complies with the specified scrap class, weight and degree of purity.
2.2 The Seller warrants that the Material is the legal property of the Seller, free from liens or claims by third parties, and that it does not constitute stolen goods.
2.3 Unless otherwise expressly and in writing, the Seller warrants that the waste is non-hazardous and completely free of PCBs, batteries, pressure vessels, oils, liquids, radioactivity or other impermissible/hazardous substances.
2.4 Violation of the material declaration constitutes a material breach of contract and entitles Skrotify immediately to full compensation in accordance with Clause 5.
3. Weighing and Pricing
3.1 The weighing and grading of materials carried out by Skrotify, or by Skrotify's designated receiving facility, constitutes the binding basis for final settlement and reimbursement. Weighing takes place on calibrated and approved scales. In the event of any discrepancy between the Seller's declaration and the receiving facility's professional assessment of the nature and purity of the material, Skrotify's assessment shall take precedence.
3.2 All advance prices, quotations and agreed prices are based solely on the Seller's delivery of the correct materials. In the event of deviations, Skrotify reserves the unilateral right to downgrade the goods and adjust the price to the current market value of the quality actually delivered, or deny receipt at the Seller's expense.
4. Logistics, Transport and Bombing
4.1 Any fixed or subsidised transport deductions apply only provided that the agreed volume and properly declared material are available for loading. In the event of deviations caused by the Seller (e.g. incorrect materials, bulky goods or lack of agreed volume), the Seller's right to the agreed shipping price is forfeited, and the Seller shall reimburse Skrotify for it full, actual cost of transportation.
4.2 Toll transport:
The seller is responsible for ensuring that the material is freely available, that the road is passable (e.g. snow removal) and that any agreed loading assistance is in place. If a carrier is unable to carry out its mission due to obstacles from the Seller, a boom transport will be charged.
4.3 The cost of a boom run amounts to actual transport costs imposed on Skrotify by the transport company, plus an administrative penalty of SEK 2,500 excl. VAT per occasion.
5. Missorting, Breach of Contract and Damages
5.1 In the event of breach of contract by the Seller (including but not limited to false/incorrect declaration of materials, non-delivery, or the involvement of unauthorized substances), the Seller is obliged to hold Skrotify completely harmless.
5.2 In the event of the Seller's breach of contract, Skrotify has the unconditional right to impose and demand compensation from the Seller for:
- All actual logistics and additional costs
(additional transportation, waiting times, etc.) - Sorting and handling fees:
For handling undeclared, missorted or dangerous goods, the Seller will be charged the actual handling and destruction costs of Skrotify and the receiving facility, as well as an additional penalty of at least SEK 2.00 per missorted kilogram. - Lost Profit (Damages):
The Seller shall reimburse Skrotify for the loss of margin and revenue due to non-compliance with the agreed volume/quality. All external costs such as fines, fines from final recipients and legal representative costs incurred as a result of the Seller's actions.
6. Payment and Skrotify's Right of Settlement
6.1 Payment is made no later than 30 days after the acceptance and completion of the weigh-in, provided that the Seller has been approved in Skrotify's KYC (Customer Knowledge) check.
6.2 Content of funds and Right of Settlement: Skrotify reserves the unlimited and unconditional right to withhold payments and set off (deduct) all of Skrotify's claims against the Seller (including shipping costs, tolls, penalties, damages and handling fees as described above) directly against the Seller's credit for the submitted scrap.
6.3 If Skrotify's claims and fees exceed the value of the submitted material, an invoice for the difference will be issued to the Seller with 10 days payment terms. In case of delay, interest is charged in accordance with the Interest Act and statutory reminder and collection fees.
7. Scrotify's Disclaimer
7.1 MM Washing AB (UÄ Skrotify AB) disclaims all liability for indirect damages, consequential economic losses, loss of production or loss of profit on the part of the Seller.
7.2 Skrotify is not liable for damage to the Seller's property (e.g. driveways, fences or land) arising from loading and transportation by an external carrier, unless gross negligence can be proven.
7.3 Skrotify is not responsible for price changes on the world market during the period from booking to actual weighing, unless a specific fixed price agreement has been signed in writing.
8. Changes and Termination
8.1 Skrotify has the right to change these terms and conditions at any time. The updated terms and conditions are published on www.krotify.se and apply to all transactions initiated after publication. Skrotify reserves the right to immediately suspend Sellers on suspicion of breach of contract, fraud or environmental violations.
9. Applicable Law and Dispute Resolution
9.1 Swedish law shall apply to these terms and conditions and the agreements entered into.
9.2 Disputes arising out of these Terms and Conditions or related agreements shall be exclusively settled by the Swedish General Court, Jönköping District Court as the first instance, regardless of the amount of the dispute.
10. Transfer of contracts (Transfer of claims)
10.1 The Seller hereby expressly and in advance agrees that all rights, obligations and claims relating to previously entered into agreements with Skrotify Filial (org.nr. 516413-9247) have been transferred in full to MM Vättning AB (amended to Skrotify AB, org.nr 559481-8857).
10.2 This transfer does not affect Skrotify's right to collect outstanding claims, claim damages for previous breaches of contract or exercise its unconditional right to set-off under Clause 6 of these Terms and Conditions. The Seller does not have the right to transfer its rights or obligations to third parties without Skrotify's prior written consent.