1.1. These General Conditions set the procedures and rules of all incoming orders unless otherwise agreed in writing. Exceptions to the General Conditions or inclusion of additional ones by the customer shall be binding for us only upon our written confirmation.
II. Conclusion of a contract
2.1. By their nature, our offers are not compulsory and not binding with any obligations. The incoming orders shall become binding upon our written confirmation. The same shall apply to the verbal agreements and statements of any kind.
2.2. The contract between the parties shall be deemed concluded upon sending our written confirmation of an order receipt, but not later than the date of the product or service delivery.
2.3. The contract may be cancelled within 3 days following our submission of the confirmation of received order; otherwise it shall be considered that the conditions confirmed by us, are accepted by the customer.
2.4. During the order execution we reserve the right for changes of technical nature, appropriate to the offer’s model. The drawings, tools, devices, technical equipment, digital data produced or made by us during the order execution, shall be our sole property.
III. Delivery term
3.1. Meeting the delivery term shall mean a full compliance with all the conditions stated in the order, and fulfilment of the contractual obligations to the Contracting Authority.
3.2. The delivery term may be extended in order to take appropriate measures to improve the working conditions, in particular during strikes and lockouts, as well as for events related to unforeseen circumstances beyond our will, if there is evidence that those circumstances significantly impact the performance or the subject of delivery.
3.3. The delivery term may also be extended if the above circumstances occur for the subcontractors. Our responsibility under the above circumstances shall be ceased when there is already a reason for term extension., The Contracting Authority shall be notified in the shortest possible time about the occurrence and completion of circumstances of particular importance, affecting the delivery execution.
3.4. If the delivery shall be delayed due to the Contracting Authority’s request, we have the right to invoice the Contracting Authority the items of delivery. The Contracting Authority shall be obliged to arrange the payment within the terms mentioned in section VIII.
3.5. The delivery term data shall be considered as a desired delivery term. Claims for compensation for damages caused by unfulfilment or delay of delivery shall not be honoured. The Customer shall not be entitled to cancel or refuse a partial delivery.
IV. Dispatch and responsibility transfer
4.1. The responsibility for delivery will be borne by the Contracting Authority not later than the delivery transmission.
4.2. If dispatch of goods/services shall be delayed due to circumstances within the responsibility of the Contracting Authority, then the responsibility of the Contracting Authority shall start from the date on which delivery has been ready for shipment.
4.3. The route of delivery and packaging shall be carried out at our discretion, without any responsibility on our behalf.
V. Retention of title until full payment of the price
5.1. The ownership of the object of delivery shall belong to the supplier until the Contracting Authority receive all payments under the supply contract.
5.2. When there is a processing, merging or mixing of supplier’s products with such of a third party, the newly obtained goods shall be considered a common property of the owners of the items, and the percentage of ownership shall be proportional to the value of the individual commodities.
6.1. Claims for warranty service for removing the shortcomings and complaints of all kinds, also in terms of quantity, weight, or volume of production in units, may be brought in writing immediately, within 10 days of the goods receipt at the latest.
6.2. Claims for removal of a defect or a flaw part shall be considered valid if the delivered part has become unfit for use or its fitness is significantly reduced due to circumstance occurred before the responsibility transfer, in particular due to defects in constructive performance, bad material or mistaken execution. In case of justified claim of defect or defective part we shall undertake to repair the defective part at our discretion or to deliver a new one. The legal provisions of paragraph V shall be applied to the supply of spare parts.
6.3. The Contracting Authority must provide an adequate time and opportunity for repair, or for supply and replacement of the defective product with an undamaged part or item respectively; otherwise it shall be considered that the supplier is exempt from any warranty.
6.4. We shall bear the direct repair costs or the costs of supply and replacement of defective goods with new ones respectively, the costs of supply of spare parts incl. transport expenses, and the corresponding maintenance costs if it is justified and necessary to the situation for the particular case. Otherwise the cost shall be borne by the Contracting Authority.
6.5. The warranty term shall be 12 months from the date of responsibility transfer for the delivery.
6.6. The location of the warranty submission shall be the place of delivery and / or our factory.
6.7. Our liability under the warranty service shall be voided by improper or incompetent operation, by general wear, improper or negligent treatment, or inappropriate production inputs.
6.8. The above paragraphs shall cover our warranty obligation and shall exclude all other claims to provide guarantees. In particular, it shall exclude any claim for reimbursement of damages not related to the subject of delivery.
VII. Drawings, documents, copyrights
7.1. We reserve the right to the property and copyrights of drawings, samples and other documents. The Contracting Authority shall not be entitled to submit them to third parties without our consent. The Contracting Authority shall bear the responsibility during the order execution to observe the third parties’ rights (in particular property rights, copyright and reproduction right).
8.1. The payment of the agreed value of the delivery, unless otherwise agreed, shall take place within 30 days after invoicing date, net, solely within the approved credit limit of our insurer. Improper deductions such as discounts, deduction of discounts within a period other than the agreed discount period in writing, packaging deductions, deductions for postal charges or other reductions of the contractual price not approved by us, shall be deemed due and their payment shall not be ceased. In late payment an interest of 8% on late payments shall be charged plus the base interest rate of the European Central Bank. After expiry of the payment term, fixed by the third remainder call for fulfilment of the obligation, our demand can been trusted to a company dealing with collection of receivables . In case of late payment, if the collection of receivables shall be assigned to a company collecting receivables c.o.d., then the buyer should bear all costs arising from this assignment.
IX. Unserviceable goods
9.1. Disposal of old parts and unserviceable parts shall be a responsibility of the Contracting Authority.
X. Local legislation. Applicable law. Final regulations
10.1. As applicable local law and place of the applicable law shall be determined Sofia, Bulgaria. The right shall be reserved for bringing claims to the address of the headquarters under the commercial registration of the client.
10.2. In case certain terms and conditions lapse or become void, this shall not affect the validity of the other provisions. A provision that most closely matches the set and desired targets, giving the legal basis and effect, shall replace the void provision.