STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES OF “AKROLTEVS” LTD
- Pursuant to Art. 298, par. 1 of the Commerce Act (CA) these terms and conditions are applicable to all concluded by “Akroltevs” Ltd agreements for the sale of goods.
- The difference between these terms and conditions and special terms and conditions, provided in the documents under 3.1. of those terms and conditions, prevail the second, though the first to not have been deleted.
- These terms and conditions shall not apply to sales by the seller when their application is excluded by express agreement between the buyer and the seller.
2. Definition and Interpretation.
In these Terms and Conditions the following words shall have the following meanings:
- Seller shall mean “Akroltevs” LTD, whose registered headquarters and registered office is situated at 16 Apostol Karamitev Str. A, apartment 4-4, IDN 203390689.
- Buyer means person(s), firm or company who executes an agreement with the seller under which the seller is obliged to deliver goods;
- Goods are: all goods included in the scope of the seller;
- Scope is the inventory of all goods which the seller offers buyers for a given period;
- Special conditions means clauses in contracts between the seller and the buyer, together with any modifications or additional provisions specifically stated in Seller’s final quotation, invoice or specifically agreed upon by Seller in writing.
3. Conclusion of an agreement.
- The sales agreement, in absence of another written and signed document between the parties shall be deemed concluded with the signing by the buyer and the seller of one of the following documents: a written purchase order made by the buyer to the seller; stock receipt or invoice for the sale of goods issued by the seller.
- The buyer is obliged when one of the referred to in paragraph 3.1. documents is signed by the buyer, his representative, trade representative or other person to whom the circumstances are supposed to be acting on behalf of the buyer.
- Buyer’s order and the order’s confirmation to the buyer could be dispatched to an email address or fax number.
- As order confirmation shall be considered the order execution by the seller under the agreed by the buyer terms and conditions.
4. Delivery of goods.
- The seller shall deliver the goods at the agreed quantity compliant with regulations for quality, packaging and marking.
- The ownership and the risk of damaging to the goods passes from the seller to the buyer at the moment of determination by agreement between the seller and to person in paragraph 3.2. of these terms and conditions or being accepted from a person in paragraph 3.2. of these terms and conditions and delivery out of the seller’s premises – from the moment it is delivered to the forwarder, carrier or a person under paragraph 3.2. of these terms and conditions.
5. Delivery of goods to the buyer:
- If the term under line 1. is not expressly agreed between the parties in concluding the agreement, the carrier delivers the goods in a reasonable time but not later than 45 days.
6. Prices. Payment terms.
- For the delivery of goods the buyer owes the price of the goods according to the issued invoice.
- The price does not include Value added tax (VAT), in an event that by law such is due to shall be added.
- Unless expressly agreed otherwise, the price of the goods is payable by the buyer at the time of delivery.
- The purchase price is payable with bank transfer to the seller to an account written in the invoice or in cash.
- In case of delay in payment, the seller shall have the right to demand partial payment in advance or withhold any deliveries of goods to the buyer including those already confirmed by the seller, without being held responsible for it.
7. Liability for defects and damages:
- The buyer shall complain for defects or inconsistency in quantity only when receiving the goods.
- Claims for hidden defects shall be claimed within 10 (ten) days from the date of delivery of the goods. Later hidden defect claims will not be accepted.
- The buyer is obliged to inform immediately the seller of any hidden defect of the Goods and to present to the seller the defective goods along with a copy of the invoice.
- If the seller does not uphold the claim submitted by the buyer, shall be carried commodity expertise at the expense of the buyer.
- If the seller acknowledges the buyer’s claim, the seller is obliged depending on his decision on its sole discretion, to have the defective goods repaired or replaced or reimburse the buyer the price of the returned by the buyer defective goods.
- If the nature of the goods and the defect allows, at a request of the buyer, the seller may agree to give a discount on the purchase price in terms of available defect goods at the buyer. The quantity of available products is established by a bilateral protocol.
The amendment or replacement of the terms and conditions from the seller has power for the buyer under a sale agreement, concluded before the amendment or replacement of the terms and conditions, if any of the obligations of the parties have not fully implemented at the time of the amendment or replacement of the terms and conditions, if the buyer has not declared in writing within 5 (five) days of receiving of the written notice of the seller about the amendment or replacement the terms and conditions, that the seller rejects their amendment or replacement.
- Warranty does not include and does not apply to:
- Product that is used without complying with the instructions of the user manual.
- Product, which is found to be misused.
- Replacement of parts, subject to wear and tear during normal operation.
- No adherence to instructions for assembly and installation.
- Surface damages during operation of the product when handling, transportation and storage.
- Damage occurred due to careless operation, improper storage environment or use for purposes other than the intended one.
- Removal of defects resulting from the impact of external forces – natural disasters, solar radiation, Отстраняване на дефекти, fractures after a collision with solid object or accident, industrial fumes, aggressive detergents and other similar circumstances.
- Product that is repaired in unauthorized by the manufacturer workshops or other person.
- Product which structure is changed or modified.
- Troubleshooting, obtained in consequence of assembled parts and accessories other than the product’s specification when sold.
- Damages to tires, plastics, external parts, batteries and accessories.
10. Other clauses:
- All risks and liabilities in relation to the specific requirements of the activities of the buyer are at his expense and the seller has no liability or risks for negligence of the buyer to uphold the regulations for the implementation of his activities.
- The buyer is not entitled under any circumstances to return accepted goods, except in cases upheld by the seller claim regarding the goods.
- The seller undertakes to provide service for the product under conditions, identical to those of the manufacturer, as for the timing and the cost of these services the buyer does not have any claim against the seller.
- For the unsettled conditions in these terms and conditions, the Bulgarian commercial and civil law shall apply.
- Disputes between the parties pursuant Article 91 of the CPC jurisdiction of the Sofia District Court and the Sofia City Court.
These terms and conditions were approved by the Manager of “Akroltevs” Ltd July 27, 2015