General Terms and Conditions of Sale
1.1. The stated general sales and delivery conditions constitute an integral part of every contract concluded between the manufacturer and the customer of the goods respectively to customers.
1.2. In case of invalidity of individual parts of the general sales and delivery conditions, this does not affect the validity of the remaining provisions.
2. Conclusion of the contract
2.1. Changes or additions to contracts, as well as deviations from the general sales and delivery conditions, must be concluded in writing.
3. Price, payment, payment insurance
3.1. All prices in the price list are exclusive of value added tax. Unless other payment terms have been agreed upon, the entire amount is due with the date of issue of the invoice, which must be paid within 8 days. The buyer is obliged to settle his obligations with virman or with cash in the framework legally specified height. Any other form of settlement of obligations is possible only with the prior consent of the seller.
3.2. The claim can also be secured by a bank guarantee, in which the buyer's bank undertakes to settle the debt according to the terms of the guarantee, if the buyer or the debtor will not be able to do so, or with a documentary letter of credit opened by the buyer in favor of the manufacturer and payment is made on the basis of delivered documentation concluded between the buyer and the seller, specified in the contract.
3.3. If the buyer does not pay his obligations within the currency period, or if the payment security instruments are not cashed in within this period, he the seller charges legal default interest from the expiration of the currency term until payment. The buyer is obliged to settle the default interest within 15 days from the interest calculation date. In case of late payment, it is also necessary to settle all the costs of reminders. The day of payment is considered the date when the funds arrive at the creditor's account (Article 318 ZOR).
3.4. When asserting a complaint, the buyer has no right to withhold payment in full or part of the invoice payment.
4.1. Set-off from any counterclaims must be mutually agreed upon.
5. Lien on goods
5.1. The supplied goods remain the property of the manufacturer until final payment, while the buyer must treat them as a good steward.
5.2. The right of retention prevents the buyer from alienating, pledging, securing or otherwise disposing of the goods received, which are also not can be transferred to a third party. The buyer must allow the seller access to the goods at all times.
5.3. The buyer is obliged to immediately notify the manufacturer in writing if the delivered goods, which are subject to the right of retention, have been pledged or a third-party claim was asserted on it, or the manufacturer's property right has been infringed in any way.
5.4. In case of late payment by the buyer, the manufacturer is entitled to dispose of the delivered goods, which are subject to the right of retention, by deducted from the claim.
5.5. In case of withdrawal from the contract, the buyer is obliged to return the already delivered goods under the right of retention to the supplier undamaged within 15 days.
6. Delivery time
6.1. The delivery period is fixed and begins on the date of written confirmation of the manufacturer's order
6.2. The delivery deadline is met if the goods are ready for shipment at the end of the deadline.
6.3. Reasons attributable to force majeure extend the delivery period.
6.4. Special circumstances (disruptions in production, delays in the supply of raw materials and auxiliary materials, strikes) may cause the delivery the deadline is extended. In this case, delivery of the goods within three weeks of the confirmed deadline is still on time.
6.5. Fulfillment of delivery deadlines is conditioned by the fulfillment of all contractual obligations of the client, especially timely payment of the agreed advance payments.
7.1. The manufacturer reserves the right to decide on the shipping method.
7.2. Determined damage to packaging and goods and differences in the quantity of goods must be indicated on the CMR form, which must be signed by the driver and on the delivery note.
7.3. Later complaints about the quality of the goods fall under the terms of the warranty.
7.4. It is the buyer's duty to provide suitable personnel, equipment and suitable storage space for unloading.
7.5. Unless otherwise agreed, EXW parity applies.
7.6. Unless otherwise agreed, transport is carried out at the expense and risk of the buyer. Transport insurance is concluded only upon express request and on customer account.
7.7. If there is a delay during transport that the seller has no influence on, the seller no longer guarantees the delivery time.
7.8. Partial deliveries are permitted.
8. Resolving complaints
8.1. The buyer must inspect the goods immediately upon receipt and identify any defects. Any comments must be made in writing, with description, to be reported within 8 days after receiving the goods.
8.2. In case of objection, the buyer is obliged to professionally unpack and store the delivered goods as a good steward.
8.3. In the event of a justified objection, the seller replaces, improves or issues a credit note within the agreed period.
9.1. Further processing, processing or unprofessional use or assembly of the goods excludes any manufacturer's warranty.
10. Withdrawal from the contract
10.1. In the event that delivery is not possible due to force majeure, the manufacturer reserves the right to withdraw from the contract without compensation.
10.2. In the event that the customer does not fulfill all contractual obligations, the manufacturer reserves the right to withdraw from the contract.
11.1. If the manufacturer is proven to be grossly negligent, he is obliged to compensate the buyer for the resulting damage.
11.2. In no case is the buyer entitled to compensation for lost profit.
12. Law, place of fulfillment of obligations and competent court
12.1. The court in Kranj is competent to resolve all potential disputes. The place of fulfillment of all obligations is dispatch warehouse. Slovenian law applies to concluding contracts with the manufacturer.