GENERAL
TERMS AND CONDITIONS
1. Scope
of application
1.1 The terms of
trade, delivery and payment set out below apply to all contracts,
supplies and other services, including consultation and provision of
information.
1.2 They also apply to all future contracts with
the contracting authority, as well as to future deliveries and
consultations.
1.3 Counter conditions will be challenged.
2.
Termination of the contract
The
acceptance of the order is done by delivery or confirmation of the
order. The content of the order confirmation, and in the absence of
such, of the goods receipt and the invoice, is relevant to the amount
of the delivery and the service provided. In case there is a
deviation from the order, it is assumed that the customer accepts it,
if not in writing no claims within 4 days.
3.
Prices
3.1 Our offer is valid for
4 weeks. After this period we charge the prices valid at the time of
delivery. In case there is no explicit offer, as a rule, the prices
from our price list on the day of delivery apply.
3.2 All prices
are ex-warehouse of Raytron
in Sofia.
3.3 VAT is not included in the prices and is charged
in a separate item on the invoice.
3.4 Rising prices of
materials and costs, price increases by our suppliers, increased
taxes and fees, changes in exchange rates by more than 5%, as well as
price increases due to force majeure, give us the right to make
changes in price sheets without notice.
4.
Terms of payment
4.1 If no other
method of payment has been agreed with a specific contract, the
following applies: within 5 days from the date of the invoice. No
discount is given for orders under BGN 700. Discounts are provided
only on condition that all payments on earlier deliveries are made.
Payment must be made regardless of the receipt of the goods and any
complaints. Place of execution of payments is Sofia.
4.2 Our
invoices must be paid on time. In case the customer is in arrears
with other invoices, the purchase price is due immediately.
4.3
In case of delay up to 30 days we have the right to charge interest
in the amount of 0.15% per day or 0.5% per day of the value of the
unpaid invoice, when the delay is more than 30 days.
4.4 All
partial payment arrangements are only valid when the agreed payments
are made. In case of non-compliance with an agreement for partial
payment, we have the right to demand immediate payment regardless of
the maturity of a given installment.
4.5 In the event that the
client does not comply with its obligation to pay or goes bankrupt,
then the entire amount becomes immediately due, including
installments with later maturity. In the event that the due is not
paid immediately, we have the right to demand the subject of the
transaction without regard to any rights of retention by the
client.
4.6 The maturity of the payment cannot be postponed by
filing claims for services, compensation and others. Due to such
claims, the customer has no right to withhold payment or ignore the
invoice. Our obligations to third parties can be deducted from the
obligation only in the case of a court order or our consent.
4.7
Our employees are not allowed to accept cash payments.
4.8
Refusal to pay or settlement of liabilities through compensation due
to any claims not recognized by us to the buyer are inadmissible.
5.
Terms of delivery
5.1 Delivery is
at the expense and risk of the buyer. We are not responsible for
breaches of integrity and losses during transport. We have no
obligation to insure the goods.
5.2 In the event that the
dispatch of the goods is delayed for reasons dependent on the buyer,
then as the readiness to dispatch the goods approaches, the risk
passes to the buyer.
5.3 All deliveries are made at the expense
of the buyer.
6. Delivery time
6.1
The information about the delivery terms indicated in the offer is
indicative and non-binding.
6.2 The delivery obligation on our
part is frozen in case the customer has overdue obligations to us. In
the event that the customer delays his payment for more than 30 days,
or his solvency deteriorates, we have the right to terminate all
outstanding delivery contracts, or to require advance payment.
6.3
Claims by the customer regarding any damage or adverse consequences
due to delay are completely excluded, ie we are not responsible for
delayed deliveries and do not bear costs, especially if they are
caused by third parties, such as suppliers or transport companies.
7.
Property rights
7.1 The goods
delivered by us remain our property until the full payment of any
obligations of the customer to us, regardless of the occasion on
which they arose. If the client pays by bill of exchange or check,
the obligation is covered only when they are cashed.
7.2
Goods not fully paid for may not be deposited, resold or transferred.
In the event that a bailiff imposes a lien on the delivered goods,
our property must be declared by naming our company and address. In
the event of seizure, we must be notified immediately. In the event
that the delivered goods are sold despite the ban, then our ownership
is transferred to the receivable arising from this sale. As soon as
the customer's claim from third parties arises, the customer is
obliged to notify his customer of our right of ownership.
8.
Warranty, replacement, liability
8.1 The delivered goods
must be immediately inspected by the customer and the identified
defects must be described in detail on the goods receipt or bill of
lading. In case the inspection cannot be performed immediately upon
acceptance of the goods, the defects found during the subsequent
inspection must be stated in writing within 4 days after delivery,
otherwise any claims, especially for replacement, will not be
accepted.
8.2 If the delivered goods have defects or show errors
in operation within the warranty period, repair at our choice or
replacement within a reasonable period should follow. Other or
subsequent discounts, especially in the price, cannot be made. Normal
wear, improper use, over-operation, negligence and modifications
without our approval exclude any warranty.
8.3 Liability on our
part for subsequent defects is excluded.
8.4 Guarantee in favor
of third parties is excluded. In the event of a claim, the customer
accepts that we are only liable within the warranty provided by the
manufacturer.
8.7 Customers who are provided with an electronic
program to facilitate their orders with us are not allowed to change,
copy, give to third parties or use for anything else. Providing it to
the customer is free of charge. We are not responsible for possible
interference with the program.
9. Complaints
9.1
Return of goods can be made only upon written notice and under the
conditions set by us in advance. In any case, the shipment of the
goods is at the expense and risk of the customer.
10. Place
of performance, effective court, applicable law.
10.1 Sofia
is the place of performance.
10.2 The current court is the
respective court in Sofia.
10.3 Bulgarian law is applicable.
International legal agreements do not apply.