GENERAL TERMS AND CONDITIONS

These general terms and conditions apply to all services offered by Johnny Herre or LexMerc AB as the case may be.

Johnny Herre or LexMerc AB shall only be liable if and to the extent liability follows from Swedish law.

Johnny Herre/LexMerc AB does not have any liability for any loss or damage suffered as a result of fault or negligence or events beyond control, which could not have been anticipated at the time at acceptance of the engagement and whose consequences could not reasonably have been avoided or overcome.

In no event and regardless of basis (tort, contract etc.) is Johnny Herre/LexMerc AB liable for any special, consequential, or indirect losses or damages, including without limitation such items as punitive damages, loss of profit, business opportunities and costs for substitute services.

Johnny Herres/LexMerc AB:s liability is reduced by any amount which may be obtained under any insurance maintained by or for you or under any contract or indemnity to which you are a party or a beneficiary, unless it is contrary to the agreement with such insurance provider or other third party or your rights against such insurance provider or other third party will be prejudiced thereby.

The liability of Johnny Herre/LexMerc AB is in any event, and provided that Johnny Herres/LexMerc AB:s actions are not shown to have been in bad faith, limited to the amount of fees received for the work or services rendered and which is alleged to be the basis for liability. Price reduction or any other remedy or penalty is not available in addition to damages.

As regards a claim, such must be accompanied by a written account of the circumstances that in your view results in liability under these conditions and the estimated loss or damage. In order to be enforceable, the claim must be submitted to Johnny Herr/LexMerc AB within a reasonable time but not later than two months after the point in time when you became, or after reasonable investigations could have become, aware of the loss or damage and of the act that in your view results in liability. A claim cannot under any circumstances be made after the expiry of the limitation period that applies according to law.

Any and all disputes that may arise out of or in connection with work or services rendered by Johnny Herre/LexMerc AB in any capacity shall be settled by arbitration in Stockholm, Sweden, under the Arbitration Act, as in force at the time of request for arbitration. The language of the proceedings shall be Swedish. Swedish law shall be applied to the merits of such a dispute.

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