GENERAL TERMS

GENERAL TERMS

  1. Scope

 

These Terms and Conditions set out the procedures and rules for all incoming orders, unless otherwise agreed in writing. Exceptions to the General Terms and Conditions or inclusion of additional ones by the Customer will be binding on us only after our written confirmation.

 

  1. II.             Signing a contract

 

2.1.   By their nature, our offers are not mandatory or binding. Incoming orders become binding upon our written confirmation. The same applies to oral agreements and statements of any kind.

 

2.2.   The contract between the parties is considered to be concluded upon sending our written confirmation of acceptance of the order by e-mail, but no later than the date of delivery of the product or service.

 

2.3.   We reserve the right to make changes of a technical nature during the execution of the order.

 

  1. III.           Delivery time

 

3.1.   Adherence to the delivery period means full compliance with all conditions specified in the order and fulfillment of the contractual obligations to the Customer.

 

3.2.   The delivery period may be extended in order to take appropriate measures to improve working conditions, in particular during strikes and lockouts, as well as due to unforeseeable events beyond our control if these circumstances have a significant impact on the work or the subject of the delivery.

 

3.3.   The delivery period can also be extended if the above circumstances occur with our subcontractors. Our responsibility in the above circumstances shall be waived when there is already a reason to extend the term for reasons of the Customer. The customer is promptly notified of the occurrence and completion of circumstances of particular importance affecting the performance of the delivery.

3.4.   If the delivery is delayed due to the Customer's request, we have the right to invoice him for the delivered products. The customer is obliged to arrange the payment within the terms specified in section VIII.

 

3.5.   Delivery time data is considered a desired delivery time. Claims for compensation for damages caused by non-performance or delay in delivery are not accepted. The customer has no right to refuse a partial delivery.

 

  1. IV.           Dispatch of Delivery and Passing of Risk

 

4.1.   The risk in relation to the products from the delivery passes to the Customer no later from handing over the delivery to the Customer.

 

4.2.   If the dispatch of the delivery is delayed due to circumstances for which the Customer is responsible, then the risk passes to the Customer from the date on which the delivery was ready for dispatch.

 

4.3.   Delivery route and packaging are at our discretion based on the delivery item and destination.

 

  1. V.              Preservation of  the right to property until full payment of the price

 

5.1.   Ownership of the delivery item belongs to us upon receipt of all payments for the relevant delivery from the Customer.

 

  1. VI.           Guarantee

 

6.1.   The Customer must check the delivery for compliance with the agreed quantities and products, incl. their specifications and external characteristics at and immediately after delivery. In case, that found discrepancies regarding quantity and delivered products, the Customer must notify us, referring to the discrepancy, no later than 10 days after delivery.

 

6.2.   The warranty period is 12 (twelve) months from the date of delivery of the delivery to the Customer.

 

6.3.   Claims for the rectification of a defect or a defective part are considered valid if the delivered part has become unusable or its suitability has been significantly reduced due to circumstances occurring before the risk has passed, in particular due to defects in construction, poor material or faulty workmanship. In the event of a valid claim for a defect or defective part, we undertake, at our discretion, to repair the defective part or supply a new one. The legal provisions of paragraph V apply to the supply of spare parts.

 

6.4.   The Customer must provide sufficient time and opportunity for repair, respectively for delivery and replacement of the defective product with an undamaged part or item; otherwise, we are deemed to be released from any warranty.

 

6.5.   We bear the direct costs of repair or, respectively, the costs of delivery and replacement of defective products with new ones, the costs of delivery of spare parts, incl. transport costs, as well as the corresponding maintenance costs, if this is justified and necessary for the specific case. Otherwise, the costs are borne by the Customer.

 

6.6.   Our warranty liability is void in the event of improper or incompetent use, due to general wear and tear, operation under extreme conditions and intentional damage.

 

6.7.   The above paragraphs cover our warranty obligation and exclude all other claims to provide guarantees. In particular, this excludes any claims to recover damages that are not related to the subject of the delivery.

 

  1. VII.         Drawings, documents, copyrights

 

7.1.   We retain ownership and copyright in drawings, samples and other documents. The Customer has no right to provide them to third parties without our consent. The Customer is responsible during the execution of the order to respect the rights of third parties (in particular property rights, copyright, right of reproduction and other intellectual property rights).

 

  1. VIII.      Payment 

 

8.1.    Payment of the agreed delivery value, unless otherwise agreed, shall be made within 30 (thirty) days from the date of net invoicing. Unlawful deductions such as discounts, deduction of discounts in a period other than the discount period agreed in writing, deductions for packaging, deductions for postage or other reductions in the contract price not approved by us shall be deemed to be due.

 

8.2.   In case of late payment, an interest of 8% is charged for late payment plus the main interest rate of the European Central Bank.

 

8.3.   After the payment deadline, our claim can be entrusted to a debt collection company or lawyer. In case of delayed payment, if the collection of the receivables is assigned to a debt collection company or lawyer, the Customer shall bear all costs arising from this assignment.

 

  1. IX.           Disposal of unfit goods

 

9.1.   Disposal of old and unserviceable parts and products is the responsibility of the Customer.

 

  1. Applicable law and competent court. Final Regulations

 

10.1.  Bulgarian substantive law is applicable and the Bulgarian court is competent.

 

10.2.  If certain terms and conditions expire or become invalid, this will not affect the validity of the remaining provisions, and the invalid provision will be replaced by one that most closely matches the intended and desired purposes and provides legal ground and action.