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General conditions of sale
apply to all products / services of the company Novatronic d.o.o. Novi Sad.
Novatronic d.o.o. that delivers the products / services is hereinafter referred to as the Manufacturer / Supplier.
The party that buys the products / services is hereinafter referred to as: Buyer / Purchaser.
Subject
Confirmation of purchase, and transaction of goods / services between the Purchaser and the Manufacturer / Supplier is valid only if they are confirmed in written form.
Offers and Contracts
The Manufacturer / Supplier offers to the Buyer products and services within the scope of its activities. Offers, regardless of form, are not binding until they are confirmed in writing. The Manufacturer / Supplier and Buyer can make changes and subsequent supplements, only if they are previously confirmed that in writing. If the term of validity is not stated in the offer, the offer shall remain valid for 7 days after the issuing date.
Information and documentation
All drawings and technical documents related to the products / services accepted from both sides, (before or after the conclusion of the Contract), remain the property of the submitting Party and will not be used for purposes other than those for which they were intended.
Prices
Prices are quoted in EURO net amount. Value added tax is not included in the price. Any change of price established after the signing of the Contract, will be accepted only if it is confirmed in writing by the Manufacturer / Supplier and Buyer.
Order
- The Buyer should deliver the necessary basic data to the Manufacturer / Supplier.
- The Buyer should confirm the proforma invoice in written form or effect the advance payment.
- The Buyer should effect the payment on time and in accordance with the conditions specified in the Offer or Contract.
- The Buyer should provide and present other statements and documents necessary for the Order execution.
- The Buyer should, if it is an agreed payment by a Letter of Credit, open a required Letter of Credit.
- The Buyer should provide the necessary documentation required for import or export Customs clearance.
Payment
The Buyer will make payments in favour of the Manufacturer / Supplier account in accordance with the terms stated in the Offer or Contract. If the payment terms consider an advance payment, the Buyer may require guarantee for advance payment.
In the case that the Buyer exceeds the time limit for payment, the Manufacturer / Supplier reserves the right to charge the legal interest rate penalty. The Manufacturer / Supplier reserves the right to cancel any future delivery to the Buyer until the final settlement of the debt. The Manufacturer / Supplier keeps the right to activate the collateral for the outstanding payment, after prior notice to the Buyer.
Delivery time
Unless it is stated otherwise, the delivery period begins on the date of the Buyers purchase confirmation or the advance payment. The Manufacturer / Supplier undertakes the obligation to comply with the agreed time of delivery.
The Manufacturer / Supplier can deliver the products / services in full or partially.
The contract or offer (in accordance with INCOTERMS 2010 International Chamber of Commerce) defines delivery parity and transfer of risk. The Manufacturer / Supplier is not liable for delays in delivery, due to the occurrence of circumstances beyond his control (due to force majeure).
In the case that the Manufacturer / Supplier is late with the delivery, the Buyer has the right to charge a penalty in the amount of 0.1% of the value of the undelivered equipment for each day of delay, but not more than 5% of the total value of equipment under the Contract or offer.
The Buyer is obliged to submit a written request for payment of the penalty (delay of delivery) at the time of the handover of the contracted equipment.
In the case that due to the fault of the Buyer, contracted equipment remains in stock at the Manufacturer / Supplier longer than 10 days after the supplier notified the Buyer that the equipment is ready for inspection and / or delivery, the Buyer shall pay the Supplier a storage fee in the amount of EURO 0.2 per m2 of storage space for each day of exceeding the deadline, as well as the specific additional cost of risk, manipulation, administrative and transportation costs. Delivery time will be extended to the Manufacturer / Supplier, without releasing the Buyer of its obligations, if the Buyer fails to perform its obligations in accordance with the Manufacturer / Supplier technical, commercial or financial terms, as well as for delays caused by force majeure. If the extension of the deadline was not respected due to the negligence of the Manufacturer / Supplier, the Buyer may in written form request termination of the Contract for all the goods remaining.
Packing and Shipping
Two days before the scheduled date of dispatch, the Manufacturer / Supplier is obliged to notify the Buyer in written form about dispatch details in accordance with the Offer or Contract. The Manufacturer / Supplier is obliged to carry out the packing of goods in a manner that will prevent damage to the product during storage, prior to delivery and transport to a specific destination under normal conditions of shipment. Unless otherwise specified in the Offer or Contract, it shall be considered that the goods were purchased at EXW Novatronic, Novi Sad. The supplier is obliged to dispatch the original set of documents (invoices, dispatch notes, corresponding certificates if it is contracted, warranty card, instructions for transport, installation and maintenance) for each separate or full delivery, or send along with the products / services, or send by mail.
Qualitative and quantitative receipt of goods
The Buyer shall perform qualitative and quantitative acceptance of goods, either at the factory before shipment, or at the delivery place in accordance with the Offer or Contract, in accordance with the delivery note and in accordance with its own protocol on the final receipt of goods.
In the case that the Buyer does not make a qualitative and quantitative receipt of the goods at the factory, the quantitative receipt of goods can be made on his behalf by the Carrier, which is obliged to make the handover protocol.
The final inspection and commissioning is carried out by the Buyer, and the workers trained by the Manufacturer / Supplier, unless otherwise is agreed.
Reclamation
In the case that it is determined that a shipment misses certain parts or quantity of product / service, or there is visible damage or defects, the Committee or individual responsible for the receipt of goods / services is obliged to Claim the receipt immediately or at the latest within three days after the receipt of goods.
The Manufacturer / Supplier is obliged to repair / remedy deficiencies in a professional manner and at his own expense in the minimum time.
Guarantee
The Manufacturer / Supplier provides a minimum guarantee on equipment for a period of 24 (twenty four) months from the date of receipt, unless otherwise is stated in the Contract. The day of receipt is considered the day when the Record of receipt was made. If there is no Record of receipt, the date of commencement of the warranty period shall be considered the day of delivery.
The Manufacturer / Supplier is obliged to resolve complaints under Warranty within the warranty period at its own expense in accordance with the terms of the warranty. The Buyer will carefully inspect the delivery immediately upon receipt of goods and immediately notify the Supplier of the possible deficiencies. Guaranteed access to the repairs is within five working days after the receipt of a formal claim. Guaranteed repair time is not later than seven days from the date of access to the products / services to be repaired. It is considered that the products / services are under Warranty only if the Warranty is confirmed in writing.
The Manufacturer / Supplier shall not guarantee for damage resulting from: improper and negligent operation during installation or handling equipment; electrostatic discharge; surge in installation; physical damage; missusage of devices or additional parts that the manufacturer / supplier has not recommended; failure to follow operating instructions and installation; removing the guarantee (protection) stamps without the consent or presence of the Manufacturer / Supplier; force majeure.
Health & safty and environmental protection
The Manufacturer / Supplier policy is that at all times to ensure the safety of persons, and their integrity, the reliability of all installations and to protect the environmental policy of the Buyer.
Force Majeure
Force majeure shall mean any unforeseeable and unexpected circumstances that can affect the contracting parties, which partially affect or hinder the fulfillment of contractual obligations, such as natural disasters, fires, wars, traffic and shortage of materials in the market necessary for performance of the contract et al. In the case of force majeure for more than three (3) months, each party has the right to terminate the Contract.
Jurisdiction of the Court
For products / services, unless otherwise agreed, the Manufacturer / Supplier has to fulfill it’s contractual obligations as the Manufacturer / Supplier. In case of disputes in connection with the execution of the Contract, the parties will resolve disputes amicably. If eventual disputes can not be resolved amicably within a reasonable time, it is recognized that it will come under the jurisdiction of the Court in Novi Sad, Serbia unless otherwise is stated in the Contract.
