Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR THE SALE AND DELIVERY OF GOODS in EU
Entering into agreements and accepting offers
All our deliveries are performed in accordance with these General Terms and Conditions for sale and delivery. For each amendment of these General Terms and Conditions or any additional arrangements our consent in writing shall be required in view of their validity and such amendments shall be valid only for that particular case. The present General Terms and Conditions shall apply both with respect to Agreements entered into in writing and with respect to Standard Orders placed and confirmed in writing.
Orders shall be submitted in writing via e-mail, fax or by post, according to a form prepared by Realmet MSS Innovation Group and shall be signed by the client or any other person authorized by it. Realmet MSS Innovation Group shall confirm the order in writing.
Prices and manner of payment
The price of the Goods is the price agreed upon in writing in the Agreement, any Annex to it, or in the Order.
The price shall not include the value added tax for the Goods. It shall be calculated iand specified separately in the invoice, in accordance with the applicable law.
The price shall include the cost for loading the Goods in the warehouses of Realmet MSS Innovation Group. The transport cost and any extraordinary expenses shall be agreed upon with the Client and shall be charged separately.
Payment of the price by the Client shall be made via wire transfer within 30 days as of the date of the invoice, unless otherwise agreed in the Agreement, any Annexes to it, the Order or the invoice, to the bank accounts of Realmet specified in the invoice issued by it. Upon payment within 5 days, the Client shall use a discount of 2%, provided that all outstanding invoices have been transferred.
Upon any failure to observe the payment periods, we shall be entitled, at our own discretion, to: 1) charge an interest for delay to the amount of 8 /eight/ per cent according to the Base Interest Rate of the European Central Bank and to claim all costs for out-of-court enforcement, as well as an indemnity for the damages suffered by us, or 2) terminate the agreement and claim a default payment. In the latter case we shall be entitled to claim, respectively to withhold as a default payment the agreed advance payment, but in any case, not less than 25 % of the selling price. The obligation to pay the default payment shall not limit our entitlement to claims for damages to the amounts bigger than the default payment. The periods for payment shall commence as of the date of the invoice. Wherever the payment periods are not observed, all our receivables from the buyer shall become due as of that time.
No complaints shall be considered as grounds for withholding due payments.
Delivery of goods
Realmet MSS Innovation Group shall notify the Client either orally or in writing of its readiness to deliver the Goods.
Goods shall be delivered to the Client free on the production site of Realmet MSS Innovation Group in the town of Kyustendil, 2500 Bulgaria, or according to any other conditions agreed upon in the particular order.
The periods for delivery shall be mandatory for us only in the cases where we have expressly specified them in writing as such. The periods for delivery shall commence as of the date of confirming the order to the date of dispatch from the plant. If the readiness for dispatching has been announced in due time, either orally, via e-mail or fax, this shall be considered as observance of the delivery period.
The delivery of the goods under specific order shall take place by a Record of Delivery and Acceptance signed by the parties to the Agreement.
The risk of possible loss or damage of the goods shall pass onto the Client from the time of their delivery to the Client or its authorized representative.
Transfer of the title and risk
The title of Goods shall be transferred upon their delivery and full payment in accordance with the terms and conditions of the Agreement, Annex, Order, Record of Delivery and Acceptance, or the invoice.
Realmet shall be entitled but shall not undertake to receive an immediate payment from the Client for the Goods whose price has not been paid in due time, to take any measures against it pursuant to any agreement, annex or order, or to take actions for the protection of its rights and interests. By signing these General Terms and Conditions, the Client gives its consent for Realmet to take actions for acquiring the possession of the Goods. Upon any return of the Goods, Realmet may decrease the payments due by the Client with the value of the Goods as at the date of such return, taking into consideration the state they are in.
Complaints and warranties
The Client undertakes to examine the Goods for any apparent defects, incompleteness or any other non-conformities with the Agreement, Annex or Order immediately after receiving them and then sign the Record of Delivery and Acceptance or the invoice. Any complaints concerning apparent defects, incompleteness or any other non-conformities may be validly submitted within 3 (three) business days as of the delivery of the Goods.
The warranty period shall be 12 months and shall commence as of the date of the Record of Delivery and Acceptance.
The warranty shall include free removal, replacement and assembly of the faulty components found during the warranty period.
Realmet shall not recognize warranty claims in the following cases:
- any structural or other changes made to the goods;
- any repairs carried out by unauthorized personnel;
- incorrect assembly of the goods to the vehicles and trailers;
- use and exploitation by unqualified employees;
- incorrect assembly and putting into operation;
- failure to observe the instructions for the users;
- any crashes or overloading;
- any damages resulting from natural disasters (lightning, floods etc.) or any other reasons beyond the control of the manufacturer, or any force majeure circumstances.
Release from liability for the performance of the Agreement
Any force majeure circumstances and the consequences from them shall release us from obligations for delivery. Any changes in the Client’s solvency shall entitle us to unilaterally terminate the Agreement for Sale or require an advance payment or security.
Should any of the articles of the Agreement or these Terms and Conditions proves to be void, ineffective or invalid according to the applicable law, this shall not result in the invalidity of the entire Agreement or these Terms and Conditions. The Article in question shall be interpreted in accordance with the law and the will of the parties, as well as in accordance with the objectives of the Agreement.
These General Terms and Conditions were accepted and approved by the sole owner and Manager of REALMET MSS Innovation Group and shall become effective as of 1st September 2014.