GENERAL TERMS AND CONDITIONS
INTRODUCTORY PROVISIONS
Article 1.
The General Terms and Conditions (hereinafter: General Terms and Conditions) apply to all contracts for the sale of goods from the range of the company BRTVILA-KOMERC doo and are an integral part thereof.
These general terms and conditions apply to all current and future business relationships in which BRTVILA-KOMERC doo as a seller sells goods and performs services from its range, so that all offers and deliveries of goods and services are made solely on the basis of them, unless otherwise agreed explicitly and in writing.
In the event that the Buyer has general terms and conditions that deviate from these General Terms and Conditions, the contracting parties agree to apply these General Terms and Conditions, unless otherwise agreed.
These general terms and conditions will be published on the website of the company BRTVILA-KOMERC doo
ESTABLISHMENT OF A CONTRACTUAL RELATIONSHIP
Article 2
The contractual relationship arises by accepting the offer of the company BRTVILA-KOMERC doo The buyer accepts the application of these general conditions and agrees that they be primarily relevant for the interpretation of the will of the parties.
In the event of any inconsistency between the written offer and the General Terms and Conditions, the General Terms and Conditions shall prevail, unless otherwise agreed in writing.
Article 3
Based on drawings, measures, weights or other data related to the properties of the goods, the properties of the goods in terms of Art. 401 st. 1 t. 3 of the Law on Obligations. Such data are binding for the company BRTVILA-KOMERC doo only if it is explicitly agreed in writing.
Representative samples that may be submitted with the offer are for testing and are not binding on the properties of the goods.
SUBJECT OF SALE
Article 4
Services and goods will be described in a written offer or will be mutually agreed in writing, at the beginning of the business cooperation, and during the same, services and items of sale may be changed only by written agreement.
The minimum amount for ordering is HRK 75.00 per position and / or HRK 300.00 (excluding VAT), unless otherwise agreed in writing. If the amount of the order is lower than the above amounts, the buyer will be charged handling costs with a total value of up to HRK 300.00.
On the confirmation of the order / acceptance of the offer, the buyer must clearly indicate the address for sending the goods, the address for sending the invoice (e-Invoice) and other information that is necessary for successful execution.
All information and data provided by telephone are of an informative, non-binding nature.
Article 5
Deliveries are made on the basis of a written document of the customer (order) by official order or by e-mail. Acceptance of the offer / order should contain the number of our offer, or attach an e-mail from which our offer and all the conditions given in it are clearly visible.
The delivery is accompanied by documents agreed with the offer / order (certificates, etc.), all subsequent requests will be charged additionally.
The products are delivered packed in our appropriate packaging, with our markings of dimensions, quantity and other necessary information, and according to the production standard. Special requirements should be defined when requesting a quote and clearly indicated when ordering.
The parities indicated on the delivery note are Ex Works or FCA Zagreb, unless otherwise agreed in writing. For order amounts less than HRK 500.00, we charge transport costs according to the valid price list of the courier service, and show them on the invoice for the delivered goods. For orders over HRK 500.00 we do not charge transport costs, unless otherwise agreed in writing.
Extraordinary cases of delivery of goods (sending to foreign construction sites, urgent deliveries, etc.) are not subject to the provisions of the General Terms and Conditions, but to what has been agreed in writing.
PRICES
Article 6
Prices of products from the range of the company BRTVILA-KOMERC doo are expressed in HRK, and represent the net price increased by value added tax, at the rate prescribed by the Law on Value Added Tax at the time of delivery of the product.
Prices of products from the range of the company BRTVILA-KOMERC doo are expressed in euros for customers abroad.
For urgent production / delivery (within 24 hours), the existing prices are not valid, but the prices are formed according to the situation in question. This does not apply to products from stock in standard packaging.
DELIVERY DEADLINES
Article 7
Dates and delivery deadlines are binding for the company BRTVILA-KOMERC doo only if they are agreed in writing, and they are agreed upon when ordering.
The company BRTVILA-KOMERC doo is not responsible for delays if it occurred due to force majeure or unforeseen circumstances, in which case the buyer and seller can cancel the order without compensation or agree on new delivery times.
TERMS OF PAYMENT
Article 8
The seller retains ownership of the goods until full settlement of the invoice and any default interest. The buyer is obliged to pay for the goods within the agreed period, and if not specifically agreed, then within 30 days from the date of issue of the invoice. Payment is considered made on the day of remittance to the account of BRTVILA-KOMERC doo
Article 9
In case of delay of the buyer or finding out about the circumstances that affect the buyer's ability to pay and call into question the collectibility of claims of BRTVILA-KOMERC doo against the buyer, all outstanding claims of BRTVILA-KOMERC doo are due immediately, and BRTVILA-KOMERC doo can at its option, to give up, in whole or in part, contracts that have not yet been executed or to make unfulfilled deliveries under previously concluded contracts conditional on advance payment or the provision of bail or other security instruments. For non-standard goods, an advance payment is a condition for the delivery of the goods.
Article 10
The buyer is authorized to refuse payment or make a set-off only in respect of its claims against the company BRTVILA-KOMERC doo which are not disputed by the company BRTVILA-KOMERC doo. or are determined by a final court decision.
The buyer is authorized to assign claims against BRTVILA-KOMERC doo only with the prior written consent of BRTVILA-KOMERC doo, provided that BRTVILA-KOMERC doo reserves the right to withdraw the consent and offset its due claims against the buyer.
WARRANTIES
Article 11
The buyer or recipient of the service guarantees that it operates in accordance with the law, and has all valid licenses, permits and authorizations to purchase goods or receive services, and that no application has been submitted or a decision on bankruptcy or termination of the company has been made.
PRODUCT OVERVIEW AND RESPONSIBILITY FOR DEFECTS
Article 12
For all delivered products, the company BRTVILA-KOMERC doo gives a guarantee of 12 months from proper installation or 24 months from proper storage.
Article 13
The buyer is obliged to inspect the received goods in the usual way or give them for inspection, as soon as possible according to the regular course of things, and inform the company BRTVILA-KOMERC doo in writing about the visible defects, including incorrect quantity or delivery of goods not ordered or purchased. form, without delay, and no later than 8 days from the date of delivery, otherwise he loses the right that belongs to him on that basis.
When, after receiving the goods by the Buyer, it turns out that the goods have a defect that could not be detected by the usual inspection when taking over the goods (hidden defect), the Buyer is obliged, under the threat of loss of rights, to notify BRTVILA-KOMERC doo in writing. , with a detailed description of the defect, without delay, and at the latest within 8 days, counting from the day when the defect was discovered.
Article 14
When claiming on the basis of a guarantee for the correctness of the sold item (warranty), the buyer is authorized to request the elimination of defects within a reasonable time and / or replacement delivery that BRTVILA-KOMERC doo considers necessary and appropriate, where BRTVILA-KOMERC doo is not responsible for the consequences which arose from it. The company BRTVILA-KOMERC doo may decide to reduce the price by the value of the advertised material.
Only in exceptional cases, for example in order to eliminate disproportionately large damage that could not otherwise be avoided or eliminated, the Buyer is authorized at the expense of BRTVILA-KOMERC doo to remove deficiencies or hire a third party to do so.
In case of unprofessional handling or installation / assembly by the customer or a third party, the company BRTVILA-KOMERC doo is not responsible for the consequences that have arisen.
If the carrier is hired by the buyer, the handover point is in the seller's warehouse and subsequent complaints are not possible.
Complaint of a part of the total delivered goods does not give the Buyer the right not to pay for the rest of the goods that are not the subject of the complaint.
Article 15
The company BRTVILA-KOMERC doo is not responsible for improper or incorrect use, incorrect or negligent handling or storage and incorrect processing of delivered goods.
In the event of the aforementioned actions of the buyer or third parties, the buyer loses the rights that belong to him on any grounds.
Article 16
The company BRTVILA-KOMERC doo is liable for further damage, in addition to that caused directly to the goods delivered, only in case of intent or gross negligence of its managers, wrongful injury to life, body and health, and maliciously concealed defects in the delivered goods.
In the event of a wrongful breach of essential contractual obligations, BRTVILA-KOMERC doo is also liable for the conduct of its non-executive employees, for gross negligence, while liability for ordinary negligence of non-executive employees is limited to typical damages that are reasonably foreseeable.
If the buyer, due to the circumstances for which the company BRTVILA-KOMERC doo is responsible (missed or incorrectly made proposals or advice given before or after the conclusion of the contract, or wrongful breach of ancillary contractual obligations, especially instructions for processing goods), would not use the delivered goods in accordance with contract, the preceding paragraphs of this Article shall apply accordingly, with further requirements being excluded.
The rights of the customer who notified the existence of the defect in a timely manner shall expire after the expiration of 12 months, counting from the day of sending the written notification to the company BRTVILA-KOMERC doo
PLACE OF FULFILLMENT
Article 17
In the case of trade contracts, the place of storage of the company BRTVILA-KOMERC doo at the address Mikulinci 14, 10010 Zagreb is agreed as the place of fulfillment of mutual obligations.
TRANSITIONAL AND FINAL PROVISIONS
Article 18
In the event of a dispute arising out of or in connection with a commercial contract, the parties shall endeavor to settle it amicably. In case of failure to reach an amicable settlement of the dispute, the parties agree on the jurisdiction of the court in Zagreb.
If any part of the General Terms and Conditions becomes invalid, illegal or unenforceable in any way, the remainder of the Agreement and the General Terms and Conditions shall remain in full force and effect.
Article 19
The law of the Republic of Croatia is applicable to contracts concluded by BRTVILA-KOMERC doo in the performance of its activities.
Article 20
BRTVILA-KOMERC doo processes customer data by electronic data processing and stores it in files. They are a trade secret.
BRTVILA-KOMERC doo reserves the right to change the General Terms and Conditions.
In Zagreb, May 3, 2021