CONTENT

1 BACKGROUND AND AGREEMENTS

2 DEFINITIONS

3 PURCHASE OF EQUIPMENT

4 RENTAL OF EQUIPMENT

5 MISSIONS, COMPREHENSIVE SOLUTIONS AND REPAIRS

6 CERTAIN STORAGE SERVICES

7 COMMON PROVISIONS

These conditions are applied by:

Adapt AB, 559177-8153

Adapt Equipment AB, 556713-4597

Adapt International AB, 556994-7046

Adapt Project Management AB, 559309-3098

Adapt Event & Expo AB, 556996-5576

For all its Services. Which of the group companies the Customer enters into an agreement with is stated in the Offer. The group company with which the Customer enters into an agreement is referred to in these Terms and Conditions as "Adapt".

The conditions apply to the Customer when the Customer accepts the Offer.

Where applicable, Adapt and the Customer are each referred to as a "Party" and collectively as the "Parties".

1 BACKGROUND AND AGREEMENTS

1.1 Adapt offers a wide range of solutions for the production of events, meetings and exhibitions, both for temporary and permanent venues. The service is described in the Quotation.

1.2 The scope and conditions of the Service are set out in the Quotation and these Terms and Conditions with any associated annexes. If the Quotation and these Terms and Conditions contain conflicting information, the Quotation shall take precedence over these Terms and Conditions and any other annexes, unless the circumstances clearly indicate otherwise.

DEFINE

2.1 Unless the context or circumstances clearly indicate otherwise, the following words and terms shall have the meanings set out below:

"Application" means any web application that Adapt may provide to the Client as part of another Service.

"Contract" means the Quotation and these Terms and Conditions with any annexes (which form an integral part of the Contract).

"Term" means the duration of the Agreement from its entry into force until its expiry or termination.

"Working day" means Monday to Friday (08:00-17:00) that is not a public holiday or a day equivalent to a public holiday in Sweden (e.g. Midsummer's Eve, Christmas Eve and New Year's Eve).

"Computer program" means the computer program(s) owned by a third party and sublicensed under the Agreement including any additional functions or modules and specified in the Quotation. Computer programs may be included in the Service.

"Storage Unit" means such area as defined in 7.2.1 of their Terms and Conditions.

"Contract Sum" means the total amount payable by the Customer to Adapt in respect of a Service. If the Service is divided into partial deliveries according to the Quotation, the sum relating to part of the Contract Sum shall be referred to as the "Sub-Sum".

"Customer" means the natural or legal person specified in the Quotation with whom Adapt has entered into an agreement regarding the Service.

"Quotation" means the quotation submitted to and accepted by the Customer.

"Equipment" means hardware and/or software that Adapt will provide to the Customer under the Quotation. 

"Service" refers to all the services that Adapt has offered to perform for the Customer according to the Quotation, such as the rental, purchase and installation of Equipment.

3 PURCHASE OF EQUIPMENT

3.1 GENERAL

3.1.1 Adapt may offer the Customer to purchase Equipment. If it has been agreed between the Parties that the Client will purchase Equipment from Adapt, the provisions of this section shall apply.

3.2 PRICE AND EQUIPMENT ETC.

3.2.1 The price of the Equipment is stated in the Quotation. The number and other details of the Equipment are stated in the Quotation.

3.3 DELIVERY

3.3.1 Unless otherwise stated in the Quotation, delivery to the Customer shall be made Ex-Works (Adapts warehouse). Unless otherwise stated in the Quotation, delivery shall be made within a reasonable time from acceptance of the Quotation. The Customer is responsible for all transportation costs, unless otherwise stated in the Agreement.

3.3.2 If Adapt is to install the Equipment at the Customer's premises, delivery shall be made DAP (Incoterms 2020), unless otherwise stated in the Offer. Transportation costs will be added unless otherwise stated in the Agreement. The Equipment shall thus be considered delivered at the time it arrives at the agreed location, even if installation is carried out at a later date by Adapt.

3.4 NATURE OF THE EQUIPMENT, OBLIGATION TO EXAMINE, COMPLAINTS AND LIMITATION PERIOD

3.4.1 The Equipment is faulty if it deviates from what is stated in the Offer or other product description provided to the Client by Adapt. The Equipment is not defective if it deviates from the Customer's expectations in any other respect.

3.4.2 The Customer shall examine the Equipment upon delivery. Obvious damage to the Equipment must be reported immediately. If the complaint is not made immediately, the Customer is not entitled to claim the defect. If the Equipment, which according to the delivery note or quotation, is not included in the transport, the Customer must immediately inform Adapt of this. If the Customer does not inform Adapt of this immediately, the Customer shall reimburse Adapt for the costs of replacing such Equipment.

3.4.3 Unless otherwise agreed, for example with regard to the warranty or the longer warranty offered by Adapt's supplier of Equipment, the Customer may not claim that the Equipment is defective unless it notifies Adapt in writing of the defect within 14 Working Days of the Equipment reaching the Customer. Information about guarantees from Adapt's suppliers regarding Equipment will only be provided at the Customer's request.

3.5 FAULTS AND REMEDIES ETC.

3.5.1 Defects in the Equipment shall be remedied by Adapt without undue delay after the Customer has filed a complaint.

3.5.2 All costs of the remedy shall be borne by Adapt. In addition, Adapt has no obligation to compensate the Customer for any direct or indirect damage suffered by the Customer as a result of the Error.

3.5.3 Adapt is not liable for Errors that are due to

• use contrary to the user documentation for the Equipment or the terms of the Contract;
• using the Equipment for purposes other than those for which it is intended.
• electricity supply disruption, internet disruption, other external signal disruption or similar.
• Computer programs.

3.5.4 Adapt has the right to redeliver the Equipment at no cost to the Customer instead of remedying it. If Adapt so requests, the Customer shall return the faulty Equipment at Adapt's expense.

3.5.5 Except as expressly set out in the Remedies Agreement, Adapt makes no warranties or representations whatsoever, express or implied, statutory or otherwise, with respect to the Equipment, including quality, freedom from defects, performance, usefulness or fitness for purpose.

3.6 READMISSION RESERVATIONS

3.6.1 Adapt retains ownership of the Equipment until full payment has been made in accordance with the Agreement. The Customer undertakes to keep the Equipment separate from other goods and not to sell, destroy, alter or otherwise dispose of the Equipment until the Customer has made full payment.

4 RENTAL OF EQUIPMENT

4.1 GENERAL

4.1.1 Adapt may offer the Customer Service in the form of Equipment rental. If it has been agreed between the Parties that Adapt will rent Equipment to the Client, the provisions of this section shall apply.

4.2 DELIVERY AND RETURN

4.2.1 The Equipment shall be collected by the Customer at the location specified in the Offer. If no pick-up location has been specified, the Equipment shall be picked up at the location subsequently specified by Adapt. Adapt may, in agreement with the Customer, arrange for transportation to the Customer, in which case the Customer bears the transportation costs and the risk of the Equipment during transportation.

4.2.2 Upon collection or receipt, the Customer shall carefully check whether the correct Equipment and the correct number of Equipment, as per the delivery note, have been included. Remarks in this regard must be made immediately to Adapt. If a remark is not made immediately, Adapt is entitled to charge the Client for the cost of acquiring new Equipment that, according to the delivery note, should have been included during collection or transportation.

4.2.3 The Equipment shall be returned to the place where it was collected. Return must take place during Adapt's regular opening hours, unless otherwise stated in the Agreement. The Equipment shall be considered returned when Adapt has issued a return note or otherwise confirmed the return in writing. If Adapt has agreed to organize transport for the return of the Equipment, the transport costs and the risk of the Equipment shall be borne by the Customer during transport.

4.3 RENTAL TIME

4.3.1 The rental period is stated in the Offer. Otherwise, what is stated in 4.3.2-4.3.3 below applies.

4.3.2 For fixed-term rentals, the Equipment shall be returned at the time stated in the Quotation. If the Customer wishes to extend the rental period, a new Quotation must be drawn up before the date of return. Customers who use the Equipment for a longer period than stated in the Quotation are obliged to pay rent in accordance with section 4.4 of these Terms and Conditions for each commenced rental day. In addition, the Customer is obliged to compensate Adapt for such direct and indirect damage that arises as a result of the Equipment not being returned within the agreed time.

4.3.3 In the case of rental for an indefinite period (continuous rental charge), the rental period is calculated from the day the Equipment is delivered to the Customer or made available for collection until the day the Equipment is returned. The Quotation shall state that the rental period is indefinite and that the agreement is valid until the day the Equipment is returned.

4.4 RENT

4.4.1 The rent is stated in the Quotation. Insofar as the rent is not stated in the Quotation, Adapts' price list applicable from time to time applies. For part of a day, rent is paid as for a full day.

4.5 OWNERSHIP OF THE EQUIPMENT

4.5.1 The Equipment shall be the property of Adapts for the duration of the rental period and nothing in these Conditions shall mean or be construed to mean that the Customer has acquired or will acquire any title to the Equipment, or any other right to charge the Equipment. The Customer's breach of this clause shall be deemed a material breach of the Agreement.

4.6 USE OF THE EQUIPMENT BY THE CUSTOMER

4.6.1 The Customer is responsible for ensuring that the Equipment is only used by authorized and trained personnel.

4.6.2 The Customer may not, without Adapt's written approval, allow anyone other than the Customer to use the Equipment, rent the Equipment to another party or assign the Agreement to another party. A Customer who allows another party to use or otherwise dispose of the Equipment in breach of the Agreement is unconditionally liable for all such use or disposal in relation to Adapt, the other user and third parties. In addition, the Customer is obliged to compensate Adapt for the financial or non-material damage caused to Adapt by the use of the Equipment by someone other than the Customer.

4.6.3 If the Equipment is to be installed on site, the Customer may, at its own responsibility, allow others to use the Equipment in the way it is designed and intended to be used.

4.6.4 The Customer is obliged to keep Adapt informed of where the Equipment is stored or used. The Equipment may not be taken outside Sweden without Adapt's written approval.

4.7 DUTY OF CARE, ETC.

4.7.1 It is the Customer's responsibility to carry out the necessary checks immediately upon receipt of the Equipment and before it is put into use, and to notify Adapt of any remarks about its condition.

4.7.2 The Customer may not alter product labeling, identification or written user instructions for the Equipment.

4.7.3 The Customer is obliged to take reasonable care of the Equipment and to comply with the regulations issued on the care and maintenance of the Equipment.

4.7.4 For supervision and care of the Equipment, the Customer shall use personnel with the necessary competence for the task.

4.7.5 Upon return, the Equipment shall be well cleaned and in the same condition as at the time of delivery or handover. If the Equipment has not been cleaned or its condition has otherwise deteriorated during the rental period, the Customer will be charged separately for this. For Equipment that may have been exposed to harmful substances, such as asbestos dust, a special remediation cost will be charged.

4.8 REPAIRS ETC.

4.8.1 The Customer may not, with the exception of the duty of care in accordance with section 4.7 above, repair or modify the Equipment without Adapt's written approval. The replacement of wearing and consumable parts during the use of the Equipment, after approval from Adapt, is carried out and paid for by the Customer.

4.8.2 Damages and defects in the Equipment that occur during the rental period due to the Customer's use of the Equipment or otherwise due to the Customer or a third party shall be paid for by the Customer. Repairs to faults in the Equipment that existed at the time of the rental are paid for by Adapt. Adapt is in no case obliged to make replacement objects available to the Customer during the repair period.

4.8.3 In the event of damage to the Equipment caused by the Customer's intent, negligence or lack of supervision or care, the Customer will be charged according to Adapts' price list applicable from time to time.

4.9 ADAPT'S LIABILITY FOR DEFECTS AND DAMAGE

4.9.1 Adapt, which is unable to monitor the Customer's use of the Equipment and the circumstances under which the Equipment is used, is not liable for any personal injury, property damage or financial loss that may arise from the Customer's use of the Equipment, other than in accordance with mandatory law. Adapt is also not liable for direct or indirect damage (e.g. interruption of operations or loss of profit) incurred by the Customer as a result of faults in the Equipment. If a defect is detected in the Equipment that is not due to the Customer or a third party's use of the Equipment, which makes it unusable for the Customer, Adapt shall remedy the defect within a reasonable period of time (through repair or with a reasonable replacement object). If Adapt assesses that the defect cannot be remedied within a reasonable time or at a reasonable cost to Adapt, Adapt is entitled to terminate the agreement. As a sole consequence, the Equipment shall then be returned to Adapt and the Customer shall be released from the obligation to pay rent from the date of such return.

4.10 CUSTOMER'S LIABILITY FOR DEFECTS, DAMAGE AND THEFT

4.10.1 The Customer shall notify Adapt without delay of any defects or damage to, or theft of, the Equipment during the rental period. After such notification, Adapt shall inform the Customer of the measures to be taken by the Customer. In the event of theft of the Equipment and damage, the Customer is obliged to provide Adapt with such information as Adapt requests in order to file a police report and handle the matter with its insurance company.

4.10.2 Any damage to the Equipment that did not exist at the time of delivery or handover shall be replaced by the Customer. Damaged or lost Equipment which is not covered by Adapts' standard insurance policy will be charged to the Customer at replacement value.

4.11 DELAY IN DELIVERY ETC.

4.11.1 If Adapt fails to provide the Equipment in working order at the agreed time, the Customer is entitled to terminate the Agreement or request a reduction in the rent corresponding to the fault or delay. However, Adapt is not obliged to compensate the Customer for other direct or indirect damage suffered by the Customer or third parties as a result of the fault or delay.

4.11.2 Cancellation, damages or a reduction in the rent may not be claimed if Adapt offers to rectify the defect in the Equipment or replace the Equipment with other acceptable Equipment, and the rectification takes place within a reasonable time and at no cost to the Customer. Nor can such a penalty be enforced unless the Customer notifies Adapt of the defect immediately after noticing or failing to notice it (complaint).

4.12 INSURANCE

4.12.1 The Customer is obliged to keep the Equipment insured for an adequate amount throughout the rental period. Such insurance shall also cover transportation of the Equipment on delivery and return, unless otherwise agreed.

4.13 TERMINATION ETC.

4.13.1 Adapt is entitled to terminate the Agreement with immediate effect and request the return of the Equipment if

               i. The Client fails to meet its payment obligations to Adapt, becomes insolvent or is declared bankrupt;

              ii. The Customer at the request of Adapt,

a) does not provide such security for the Customer's obligations under the Agreement as requested by Adapt; or

b) if Adapt has reason to fear the Customer's or the Customer's parent company's inability to pay (if such exists and any parent company guarantee has been provided as collateral as described above) or if the value of the collateral provided decreases after the provision of such collateral (and the Customer is unable to provide additional collateral accepted by Adapt upon request);

             iii. Adapt can demonstrate a substantial risk of loss or significant damage to the Equipment, unless satisfactory security is provided or the Customer demonstrates that the risk of such loss or damage no longer exists;

             iv. The equipment is subjected to abnormal use, used in a negligent manner or otherwise used by personnel without proper authorization or training;

              v. the Customer allows non-Customer personnel to use the Equipment without Adapts' written consent; or

             vi. The Customer otherwise breaches a provision of the Agreement, the observance of which is not of only minor importance to Adapt.

4.13.2 If Adapt terminates the Agreement with immediate effect as described above, the rental period and the Customer's right to use the Equipment shall cease. The Customer shall then pay for the immediate dismantling, cleaning and return of the Equipment to Adapt. The Customer's obligation to pay rent for the Equipment ceases upon such return of the Equipment.

4.13.3 If the Customer does not return the Equipment, the Customer shall reimburse Adapt for the cost of dismantling, cleaning and collecting the Equipment. The Customer bears the risk of the Equipment until it is returned to Adapt.

5 MISSIONS, COMPREHENSIVE SOLUTIONS AND REPAIRS

5.1 GENERAL

5.1.1 Adapt may provide the Customer with Services in the form of installation and assembly work in connection with the rental or purchase of Equipment (hereinafter referred to as "Assignments"). The type and scope of the Assignment is stated in the Offer. What is specifically stated in this section applies to Assignments.

Adapt can also provide the Customer with Services in the form of complete solutions for the production of events, meetings and trade fairs. Complete solutions include transportation of Equipment, project management, technical and conceptual solutions, construction and installation work and staffing of Equipment etc. (hereinafter referred to as "Complete Solutions").

Finally, Adapt may provide the Client with Services in the form of repair and maintenance works of movable or immovable property (hereinafter specifically referred to as "Repair Works").

Complete solutions, Contracts and Repair works are not to be equated with each other, but are referred to in this section jointly and separately as "Works" as the same provisions apply to all of them.

5.2 WORK AND STAFFING ETC.

5.2.1 The Works are set out in the Quotation. Adapt shall carry out the Works with employees who, in Adapt's reasonable opinion, are suitable for the purpose. Adapt is entitled to freely replace employees who participate in the performance of the Works.

5.2.2 Adapt may, without informing or obtaining the consent of the Client, engage a subcontractor to perform the Works. Such a subcontractor must meet the competence and experience requirements imposed on Adapt by the Client. If Adapt engages a subcontractor, Adapt is responsible for the subcontractor's work as if it were its own and is responsible for ensuring that the subcontractor complies with all provisions of the Agreement.

5.2.3 The Client shall provide Adapt with access to premises, equipment and documentation necessary for Adapt to perform the Works in a cost-effective manner for Adapt. The Client shall also take the measures required by Adapt, such as reviewing documents or making decisions, to enable Adapt to perform the Works in a cost-effective manner for Adapt.

5.3 MODIFICATION OF THE WORKS

5.3.1 If the Client wishes to change the scope of the Works, the Client shall make such request in writing to Adapt. Adapt has no obligation to accept such a change, but shall seek to provide written notification of whether or not the change is accepted within a reasonable period of time. If Adapt does not respond within a reasonable period of time, the change is not considered accepted.

5.4 NUTRITIONAL CHARACTERISTICS

5.4.1 A Party shall not be entitled to use the trademarks of the other Party in its own marketing or to make any public statement in connection with the Agreement without obtaining the prior written consent of the other Party.

5.5 AGREED DELIVERY DATE AND DELAY ETC.

5.5.1 The agreed delivery date is the date on which the Works shall have been performed/completed in accordance with the Quotation. The Tender shall state the agreed delivery date and time for any delivery inspection.

5.5.2 For Assignments, Adapt shall perform an acceptance test. The acceptance test takes place upon completion of installation or assembly and involves Adapt testing that the Equipment is working properly. Please note that the delivery of Equipment in connection with the rental or purchase of the Equipment takes place in accordance with special regulations in these Terms and Conditions. The approved delivery test does not constitute the time of delivery but the time of completion of the Assignment.

5.5.3 The Adapts delay occurs if the Works are completed after the agreed delivery date with the possible extension of time as set out below.

5.5.4 If Adapt finds it likely or fears that a delay will occur, Adapt shall inform the Client of this as soon as possible. Adapt shall simultaneously inform the Client of the reason for the delay and when the Work can be completed. If Adapt fails to give such notice, the Client is entitled to compensation for the direct damage that could have been avoided if the notice had been given in time.

5.5.5 In the event of a delay due to any circumstance on the part of the Client or circumstances such as the Client's request for a change in the Works or the occurrence of force majeure, Adapt shall be entitled to a reasonable extension of time.

5.5.6 If the Client causes a delay so that Adapt cannot use the resources allocated for the Works, Adapt is entitled to charge the Client for the allocated time that cannot be used. However, this applies after Adapt has notified the Client of this.

5.5.7 In order for Adapt to be entitled to compensation due to Adapt's inability to use the resources allocated to the Works, Adapt must submit a claim no later than ten (10) days after the delay has occurred. The right to compensation for delays caused by the Client applies in addition to any compensation due to the cancellation rules in the Offer.

5.6 DEFECTS IN THE WORKS

5.6.1 A defect exists if the completed Works do not meet the requirements of the Tender.

5.6.2 Adapt is responsible for rectifying defects in the Work that are documented during any delivery inspection or notified by the Client. In the case of Assignments and Repair Work, the Client may not invoke defects unless the Client notifies Adapt of this within three (3) months of the completion of the Assignment or Repair Work. In the case of Complete Solutions, the Client may not invoke defects in the Complete Solution unless the Client notifies Adapt of this during the period in which the Complete Solution is carried out by Adapt in accordance with the Offer. If the Client did not notice the defect and the Client should not have noticed the defect during the time the end-to-end solution was carried out or for another reason could not reasonably notify Adapt of the defect, the Client must invoke the defect no later than five (5) Working Days after the end-to-end solution was carried out. Once five (5) Working Days have passed from the time when the complete solution was completed, Adapt shall not be liable under any circumstances for errors in the Complete Solution.

5.6.3 Defects in the Work shall be rectified free of charge, provided that Adapt has previously received compensation for the incorrectly performed Work, and with the urgency required by the circumstances. In addition, Adapt has no obligation to compensate the Client for any damage incurred by the Client as a result of the defect.

5.6.4 Adapts' liability for defects in the Works does not include

                       i. defects caused by the Customer's changes to the Works; or

                      ii. faults caused by the Customer's use of the Equipment, or other property which has been the subject of the Works, with equipment, accessories or system software other than that prescribed or provided by Adapt; or

                     iii. errors due to incorrect or incomplete information provided by the Customer affecting the Works; or

                     iv. errors caused by Computer Programs, third parties (such as Microsoft Teams, Google, Amazon or Zoom), telecom operators, internet connection, electricity connection or similar.

5.6.5 Except as expressly stated in the Agreement regarding the rectification of defects, Adapt makes no guarantees or representations whatsoever, whether express or implied, statutory or otherwise, in respect of the Works. Equipment purchased by the Customer is subject to the specific provisions of these Terms regarding warranty. For materials purchased or otherwise included in Repair Work, the guarantees given by the supplier of such materials apply. Information about such guarantees will only be provided to the Customer on request.

6 CERTAIN STORAGE SERVICES

6.1 GENERAL

6.1.1 Adapt may provide Service in the form of a device for storing Equipment or other property designated by the Customer ("Storage Service"). The following provisions of this section apply if Adapt and the Customer have agreed that Adapt will provide the Storage Service.

6.2 THE STORAGE UNIT

6.2.1 A storage unit is a warehouse or other suitable storage area determined by Adapt. The Storage Unit may be located at Adapt or another company in the group or at another party with which Adapt has a contractual relationship. The Customer may only dispose of the Storage Unit in accordance with the Agreement. The Customer agrees that nothing in the Agreement gives the Customer any ownership or other legal right to the Storage Unit.

6.3 OBLIGATION TO INSURE

6.3.1 It is the responsibility of the Customer to keep the Equipment or other property designated by the Customer to be stored in the Storage Unit (hereinafter referred to as "Storage Property") insured up to a level chosen by the Customer, but sufficient to cover the full value of the Storage Property.

6.3.2 Adapt shall maintain customary theft and fire insurance for the premises where the Storage Property is stored. To the extent that damage occurs to the Storage Property and such damage is covered by Adapt's insurance in this respect, Adapt's insurance shall be used in the first instance.

6.3.3 The Client shall at all times indemnify Adapt or the group company or other party with which Adapt has a contractual relationship regarding the Storage Service against claims for recovery from the Client's insurance company.

6.4 CUSTODIAL PROPERTY

6.4.1 The Customer is responsible for ensuring that all Storage Property can be safely stored in the Storage Unit. Storage Property must not consist of flammable materials or liquids, toxic or hazardous liquids, asbestos, firearms, ammunition or explosives, gas cylinders or other compressed gases, fireworks or other dangerous or unsuitable property.

6.4.2 For the avoidance of doubt, the Customer retains all ownership rights to its Storage Property. The Customer is responsible for securing the right of separation in the event of bankruptcy by appropriately labeling its Storage Property. Adapt may, for a special fee in agreement with the Customer, label, mark, stamp or otherwise distinguish the Storage Property or the Storage Unit.

6.5 PRICE AND CONTRACT DURATION

6.5.1 The price for the Storage Service is stated in the Quotation. If the price is not stated in the Quotation, Adapts' price list applicable from time to time applies.

6.5.2 Unless otherwise agreed, the Storage Service is valid until further notice with three (3) months' notice.

6.6 RESPONSIBILITIES AND DISCLAIMERS

6.6.1 Adapt is liable for loss of Storage Property or other direct damage arising from the Storage Service if such damage is due to negligence on the part of Adapt. Under no circumstances shall Adapt be liable for indirect damage such as loss of profit.

6.6.2 Adapt makes no guarantees whatsoever to the Client regarding the monitoring of the Storage Unit or the Storage Property.

6.7 REMOVAL OF CUSTODY PROPERTY

6.7.1 Unless otherwise stated in the Agreement, the Customer is responsible for removing the Storage Property upon termination of the Agreement or at the time otherwise agreed. Upon removal, Adapt shall make the Storage Property available for removal at a suitable loading bay or, if agreed, transport the Storage Property to the Customer, or allow the Customer access to the Storage Unit for removal.

6.7.2 If the Customer has not removed the Storage Property within three (3) months of the date on which it was required to do so under the Agreement, and the Customer has been requested to remove the Storage Property, Adapt is entitled to remove the Storage Property at the Customer's expense.

6.8 ACCESS TO THE STORAGE UNIT AND PROHIBITION OF SUBLETTING ETC.

6.8.1 The Customer may be granted access to the Storage Unit only after agreement with Adapt.

6.8.2 The Customer does not have exclusive access to the Storage Unit. Adapt, or another party designated by Adapt, is always entitled to access the Storage Unit and reload the Storage Property or move it temporarily to another location or move it to another Storage Unit. Adapt shall carry out such moves with due care, but the moves are always at the Client's risk.

6.8.3 The Customer may not sublet the Storage Unit or share the Storage Unit with others, unless agreed.

7 COMMON PROVISIONS

7.1 GENERAL

7.1.1 The following provisions in this section apply to all Adapts Services.

7.2 PAYMENT TERMS

7.2.1 The following applies to payment for the Adapts Services unless otherwise stated in the Quotation:

                       i. Payment must be made monthly by invoice.

                      ii. Payment must be made within 30 days of the invoice date. In the event of late payment, penalty interest is payable in accordance with the law. Adapt reserves the right to charge the Customer a payment reminder fee in accordance with the law.

7.2.2 If the Customer makes a purchase under this Agreement (usually from a location outside of Sweden) and as a result Adapt is required to pay value added tax ("VAT"), despite the Party's assessment that VAT is not payable, the Customer shall indemnify Adapt against all damages, liabilities, costs and expenses, including reasonable legal fees, arising from or related to such VAT claim.

The Customer undertakes to reimburse Adapt for all payments made by Adapt to comply with the VAT requirement. The Customer's responsibility to indemnify Adapt shall include any claims, actions, suits or proceedings initiated against Adapt by tax authorities or any other third party in connection with the said VAT requirement.

In order to trigger the Client's indemnity obligation, Adapt shall, within a reasonable time, notify the Client of the VAT claim and the Client shall have 10 days to respond to Adapt in writing and take the necessary steps to address the claim. Failure to respond within the specified period shall not relieve the Customer of its obligations under this clause.

This clause shall survive the termination of this Agreement for any reason.

7.3 SECURITY FOR THE CLAIM

7.3.1 If it appears that the Customer does not pay for the Service or Adapt fears that the Customer may become insolvent or the Customer's financial circumstances are otherwise such that Adapt has strong reasons to fear that the Customer will not perform in accordance with the Agreement, Adapt has the right to prevent the delivery of Custodial Property or other Customer property in Adapt's temporary possession to the Customer. In such cases, Adapt shall immediately inform the Customer of this. If the Customer makes payment or otherwise provides acceptable security for payment, Adapt shall allow the Storage Property to be handed over to the Customer.

7.4 COMPUTER PROGRAMS

7.4.1 If the Customer has ordered a Service from Adapt that contains Computer Software, the Customer is responsible for using the Computer Software in accordance with the terms and conditions stipulated by the owner of the Computer Software and with whom the Customer may enter into a separate agreement. The conclusion of such an agreement with a third party is in such cases a prerequisite for the Customer to be able to use the relevant Computer Software. Adapt has no ownership or intellectual property rights claims to the Computer Programs. Adapt is not responsible in any respect for errors or deficiencies in Computer Programs. Other conditions regarding sublicensing are stated in the Offer.

7.5 APPLICATION

7.5.1 If agreed between the Parties, Adapt may enable the Customer to use the Application as part of the relevant Service. Adapt thus grants the Client a terminable, non-exclusive, non-commercial, non-sublicensable and non-transferable license to use the software provided in the form of the Application. The sole purpose of the license is to enable the Customer to use the Application in the form provided by Adapt, in accordance with these Terms. It is strictly prohibited to sell, distribute, copy, modify or rent any part of the Application or its software. It is also strictly prohibited to attempt to extract the source code or decompile the source code of the software.

7.5.2 Adapt and its licensors own and retain all intellectual property rights to the Application and its content. The Customer is not granted any right to such intellectual property rights beyond what is stated in the Agreement.

7.5.3 The Customer is responsible for any costs incurred by the Customer when using the Application, such as costs for internet use.

7.5.4 Unless otherwise stated in the Agreement, Adapt is not liable for direct or indirect damage caused directly or indirectly by:

                       i. Failure, interruption or disruption of the Customer's mobile phone or the Customer's internet connection when using the Application.

                      ii. Errors, interruptions or disturbances in the Application or due to updates or maintenance of it.

                     iii. Third man.

                     iv. Other users of the Application.

                      v. Infringement of third party intellectual property rights.

                     vi. Other damage, disruption, error, interruption or intrusion caused by the actions of third parties (including hacking the Application, spreading viruses via the Application or unauthorized access to data stored in the Application).

                    vii. The actions of third parties or the Customer when using the Application.

                   viii. Violation of law.

                     ix. Loss of data.

                      x. Other damage arising from the use of the Application.

                     xi. In no case will Adapt, its employees, consultants, agents or representatives be liable in relation to the Client as a user or in relation to third parties for indirect damage.

7.6 SUPPORT

7.6.1 Insofar as the Parties have agreed on support for Equipment or otherwise, what has been specifically agreed in the support agreement or similar applies.

7.6.2 Unless otherwise agreed in a support agreement or similar, support shall only be provided during Working Days. The provision of support beyond Adapts' regular working hours requires a separate agreement.

7.6.3 Support can only be provided for Equipment, Assignments, Complete Solutions or other systems owned by the Customer if specifically agreed.

7.7 CANCELLATION POLICY

7.7.1 Cancellation/cancellation of the Service under the Quotation is subject to the cancellation/cancellation rules stipulated in the Quotation.

7.8 LIABILITY AND LIMITATIONS OF LIABILITY

7.8.1 Unless otherwise specifically stated in the Agreement, the Party shall be liable in case of negligence for direct damage arising from the Party's breach of the Agreement. Adapt is under no circumstances liable for indirect damage such as loss of profit.

7.8.2 If the Service is divided into partial deliveries or partial assignments, Adapt shall only be liable for such damage that is directly related to such partial delivery or partial assignment and never more than the Subtotal. Under no circumstances shall Adapt's total liability for damage exceed the Contract Sum.

7.9 FORCE MAJEURE

7.9.1 A party is exempt from penalties for failure to perform a particular obligation under the Contract if the failure is due to circumstances beyond the party's control which prevent performance. As soon as the obstacle has ceased, the obligation shall be fulfilled in the agreed manner.

7.9.2 Force majeure shall be deemed to be a pandemic or national disease epidemic, war, act of war, terrorist attack, government action, new or amended legislation, labor market conflict or other circumstances beyond the control of the Party.

7.9.3 To obtain relief under the preceding paragraph, a Party shall promptly notify the other Party in writing.

7.9.4 Notwithstanding the above-mentioned exemption from penalties, a Party may terminate the Agreement in specified circumstances if the other Party's performance of an essential obligation is delayed by more than three (3) months.

7.10 CONFIDENTIAL INFORMATION

7.10.1 The Parties hereby undertake, during the term of the Agreement and for a period of 10 years thereafter, to observe confidentiality and thus not to disclose to third parties any Confidential Information which a Party receives from the other Party as a result of the Agreement. The provisions set out in this paragraph apply unless the Parties have signed a separate confidentiality agreement that entails a longer-term confidentiality commitment between the Parties.

7.10.2 In these Conditions, "Confidential Information" means any information relating to the content of the Contract and any other information - technical, commercial or otherwise - whether or not recorded in writing, with the exception of

                         a) information which is publicly known or becomes publicly known otherwise than through a breach by the Party of the content of the Contract,

                         b) information which the Party can show that it already knew before receiving it from the other Party,

                         (c) information which the Party has received or will receive from a third party without being bound by a duty of confidentiality in relation to that party; and

                         d) information that the Party is obliged to disclose by law, regulation, court order or stock exchange rules or equivalent.

However, in cases referred to in c) above, the Party is not entitled to disclose to outsiders that the same information was also received from the other Party under the Agreement.

7.10.3 It is the responsibility of the Party to ensure that employees and hired consultants/subcontractors who are likely to come into contact with Confidential Information are bound to keep this information secret to the same extent as the Party under the Agreement.

7.10.4 Each Party undertakes to comply with reasonable data security rules notified by the other Party.

7.11 GDPR

7.11.1 If Adapt processes personal data in connection with the Agreement, this is done in accordance with Adapt's privacy policy, which is available on Adapt's website www.adapt.se.

7.12 ASSIGNMENT OF THE CONTRACT

7.12.1 The Customer may not assign or pledge its rights and/or obligations under the Agreement in whole or in part without Adapt's written consent. However, Adapt may assign or pledge its rights and/or obligations under the Agreement in whole or in part without the Customer's consent.

7.13 NOTIFICATIONS

7.13.1 Complaints and other notices regarding the application of the Contract shall be sent by courier, registered letter or e-mail to the addresses of the Parties indicated in the Quotation or subsequently amended.

The notification shall be deemed to have been received by the addressee.

                         (a) if delivered by courier: on delivery to the consignee

                         (b) if sent by registered mail: three (3) days after delivery by post; and

                         (c) if sent by e-mail, at the time of dispatch if receipt is duly acknowledged.

A change of address shall be notified to the Party as provided for in this provision.

7.14 HEADINGS

7.14.1 The division of these Conditions into different sections and the assignment of headings shall not affect the interpretation of the Conditions.

7.15 CHANGES TO THE CONDITIONS

7.15.1 Adapt reserves the right to make changes to these Terms at any time. If Adapt makes changes to these Terms and Conditions, Adapt shall provide the Client with written notice of this together with the amended version of these Terms and Conditions. If the Customer does not object to the changes within 15 Working Days, the Customer shall be deemed to have accepted the changes. If the Client objects to the changes within the prescribed time, Adapt shall be entitled to terminate the Agreement with immediate effect, whereby all services shall be returned. The return of all services shall be the sole consequence of such termination and neither Party shall be entitled to compensation for any damage, either direct or indirect, resulting from the termination.

7.16 PASSIVITY

7.16.1 A Party's failure to exercise any right under these Conditions or failure to raise a particular issue relating to the Contract shall not constitute a waiver of its rights in that respect.

7.16.2 Should a Party wish to refrain from exercising a certain right or to point out a certain circumstance, such waiver must be made in writing in each individual case.

7.17 FULL REGULATION

7.17.1 All written or oral commitments and representations relating to the Service prior to the Agreement are superseded by the content of the Agreement.

7.18 INVALIDITY OF THE PROVISION

7.18.1 If any provision of the Contract or part thereof is found to be invalid, this shall not mean that the Contract as a whole is invalid, but then, to the extent that the invalidity significantly affects the rights or obligations of the Parties under the Contract, the Contract shall be reasonably adjusted.

7.19 APPLICABLE LAW AND DISPUTES

7.19.1 The Contract shall be governed by Swedish law.

7.19.2 Disputes arising from the Contract shall be settled by a court of law.