Sales and delivery terms of the enterprise MG Rohr
These conditions exclude general terms of business of our customers and are valid for all present and future deliveries and services. Also in case of that we were informed and we are aware, that the terms of business of our customer are different as ours, our sales and delivery terms remain valid. In such cases are valid exclusively our general terms of business. For all questions, which are not regulated in our general terms of business, the parties agree on the use of the Slovenian law from the regulations of the bond code (official gazette of the republic Slovenia, No. 97/2007).
1. Offers and orders (Competitions of contracts)
All our offers, as well as information in catalogues, prospectuses, pamphlets, announcements, pictures and price-lists are non-binding, unless we refer in the confirmations of order expressly to them. We reserve ourselves the right on mistake, misprint and computer mistake, as well as on adaptation of our services and prices in cases of currency fluctuations and other rate variations, above all of the transport rates.
The alloy surcharge is calculated according to the prices of the current month.
Contracts on the basis of a delivery order and/or an order are legal only in case of a written confirmation of order given on our part.
2. Delivery of bigger or smaller amounts
The customer is to accept obliged the delivery of bigger or smaller amounts as well as materials with other divergences with regard to quality, weight or dimension which still lie within the scope of the commercial standards, except it is explicitly differently agreed.
Our prices are without VAT, packing charges, loading, and transport, except it is explicitly differently agreed.
4. Payments and maturity
If not differently agreed, payments must be paid in advance. In the case of a violation of the day of maturity legal interests on arrears are calculated in accordance with the law about the prescribed interest rates for interests on arrears (ZPOMZO-1).
In the case of a default the customer is obliged to also pay all incurred expenses for reminders and recoveries.
5. Reservation of the property right
All goods delivered on our part remain our property up to the entire settlement of all payments. We reserve ourselves the right on explicit proprietary information on all delivered goods.
If the customer resells the goods for which our reservation on property right is valid, all claims of the customer to third persons, which arise from these sales, will transfer on us. Herewith we confirm that we agree to such a claim transference. The customer, who resells such product, is obliged to immediately inform us about the sales.
The customer, who resells such product, is obliged to immediately inform us in writing and, besides, must give us all details, in case it comes in the connection with the product, for which we assert our reservation on the property right, to possible seizure or to other measures in favour of third persons.
6. Dates of delivery
Given dates of delivery (in offers, catalogues, prospectuses, pamphlets etc.) are non-binding. Responsibility for delay of delivery is limited to intention and coarse negligence. We bare no responsibility for delays, which are caused on the part of our suppliers.
7. Responsibility and defects
We bare no responsibility for the suitability of the delivered product for certain purposes, except it is differently given in our confirmation of order or the purpose of use has been announced to us at the closing of the contract. The product, which is handed to us, is on our part visually controlled in the role of a trading company. If the customer needs materials with special qualities, he is obliged to check the delivered material for the required qualities before its use. The customer is obliged to check the material immediately after the delivery, or if that is not possible in the regular business hours, he has to check it before the processing or other use of the material. The customer must inform the enterprise MG Rohr about noted mistakes in a term of 3 days. We bare no liability for expenses or damages which originate as a result of processing or use of faulty product.
In cases of entitled notices of defects we reserve ourselves the right on the realisation of required repairs, on exchange of the delivered product, on approval of adequate prize corrections or on the restitution of the purchase price. We bare no liability for the damage which has originated as a result of defective materials.
8. Freeing of the fulfilment of duty
If circumstances become known to us, which could have influence on a bigger loan risk with the customer, we keep the right to demand securities or other adequate securities of the customer, which must be offered on his part in an adequate term. If we get no securities in the given term, we reserve ourselves the right on a resignation of the contract. In such a case the customer is not entitled no any compensation payments.
If we do not have the ordered product on stock or it is not available for the agreed price, we reserve ourselves the right on the resignation of all possibly concluded contracts. In such a case the customer is not entitled no any compensation payments.
9. Valid right and responsible court
These terms of business, with the exception to collision rules, are used in accordance with the Slovenian law and the law of the European Union and are interpreted. The parties choose the Slovenian law for the regulation of contracts. Relation on the commercial law UNCITRAL cannot be asserted. Responsible court is the district court of Slovenj Gradec.
Issue: July, 2016