condizioni di vendita

GENERAL TERMS AND CONDITIONS OF SALE

Plastik SI d.o.o.  No. 1/2019

 

1. SCOPE

These General Terms and Conditions of Sale shall govern the contractual relations between Plastik SI d.o.o., Kolodvorska cesta 9, SI 5213 Kanal, Republic of Slovenia (the Seller), including its subsidiary PE Tehnochem, Jurjevica 49,1310 Ribnica, and buyers of goods (the Buyer) and products from its product assortment  (the Goods). The General Terms and Conditions shall apply to all relations entered into between the Seller and the Buyer unless the Seller and the Buyer explicitly agree otherwise regarding individual rights and obligations. Only agreements that have been concluded in writing shall be considered valid. Notifications through appropriate telecommunication facilities (fax, e-mail, etc.) shall also be deemed as written notifications. The Terms and Conditions of Sale shall prevail over the Buyer's Terms and Conditions of Purchase, unless otherwise explicitly agreed in writing between the Buyer and the Seller.

 

2. QUALITY OF THE GOODS

The Buyer shall use the products with the due diligence of a prudent businessman and consistently in accordance with the Seller's instructions. The quality and standard packaging of the goods are defined in the technical descriptions, safety data sheets and instructions for use, which are available on the website at www.plastik.si. The Seller ensures that his Goods comply with the applicable regulations on the quality of goods in Slovenia and in the European Union. The Goods are properly accompanied with a declaration and with conformity marks and marked with an EAN code.

  

3. PRICES

Unless specifically otherwise agreed in writing between the parties, the selling prices of the Goods shall be determined in each valid pricelist published at the Seller's premises. Prices are exclusive of VAT and calculated on EXW Seller's warehouse basis. The Buyer shall provide for an immediate take-over and immediate unloading of the delivered goods, otherwise the Seller shall take into account the costs in this respect in the final settlement of the delivered goods. In all cases, the latest edition of Incoterms, adopted by International Chamber of Commerce in Paris, shall be used in relation to offers, order acknowledgement and invoices and the determining of passing of risk. The Seller shall notify of the change in the pricelist at least 15 days before introducing new prices.

 

Packaging costs are included in the prices of the Seller's products, except the cost of the pallets, which are charged separately by the Seller to the Buyer. If the Buyer returns the undamaged and properly preserved pallets to the Seller, he will be issued a credit note for the value of the returned pallets at the same price the Seller has invoiced. The Buyer can return up to as many pallets as invoiced by the Seller. For purchase orders in the value exclusive of VAT not exceeding € 200, the Seller may charge extra costs for the preparation of the shipment in the amount of € 10. The cost is charged for shipments sent by the Seller via post, via courier services or by truck, and in the case of personal takeover by the Buyer, the cost is not charged. The Seller may additionally charge the Buyer's specific requirement in respect of quality or packaging or any other conditions of production, or delivery. The Seller can determine the minimum quantities of products per purchase order. The Seller may charge extra costs for the preparation of the goods in the amount of the actual additional costs of the Seller beyond the usual scope of work.

 

4. PAYMENT

The Buyer can take over the goods after paying the proforma invoice, or when the Seller receives the payment to his bank account, unless expressly agreed otherwise. If the Seller and the Buyer agree to deferred payment, such payment is deemed to have been incurred on the date of delivery of the goods to the Buyer. A payment is deemed to have been effected when the payment is received to the Seller's bank account. Offsetting or any other method of payment of the purchase price is acceptable only if the parties expressly agree in writing. In case of late payment, the Seller has the right to charge statutory default interest and all the costs incurred in connection with the payment. If the Buyer is late with the payments which have already fallen due, or if the sum of the Buyer's payments which have not yet fallen due exceeds the agreed value or the value determined by the Seller (the approved limit), further deliveries to the Buyer will be made only subject to an advance payment or payment on delivery, or subject to the receipt of additional guarantee for the payment of obligations as determined by the Seller. In the event of delay, the Seller may make a unilateral statement to the Buyer notifying him that all other obligations of the Buyer have fallen due on the day of dispatch of such notification of the consequences of the delay. If, on the last day of the current year, the Buyer has outstanding payments to the Seller and if the Buyer fails to settle them on that day or within the next 15 days, the Seller has the right to unilaterally suspend or completely revoke the allowed right to quantity, value and other additional discounts for the respective business year. The Buyer undertakes not to assign any claims against the Seller to third parties without the Seller's prior written consent.

 

5. PURCHASE ORDER PLACEMENT

The Seller accepts purchase orders in writing. Responsibility for possible errors in delivery in the event of a verbal purchase order or a verbal modification of a purchase order placed in writing shall be  borne exclusively by the Buyer.

 

6. DELIVERY AND ACCEPTANCE OF THE GOODS

The Seller usually delivers the ordered goods to the Buyer within 10 working days from the receipt of the purchase order, unless explicitly specified otherwise in the order acknowledgement. If the Seller is not able to deliver the goods within the agreed delivery time, the Seller shall notify the Buyer thereof prior to the expiry of the delivery time. When the Seller delivers the ordered goods to the location specified by the Buyer, the Buyer shall immediately takeover the goods, within one hour at the latest upon the arrival of the transport means, otherwise the Seller may charge the cost of lay time according to the price list. The Buyer shall confirm the acceptance of the goods with the indication of the name (in capital letters) and the signature of the person who has performed the acceptance of the goods at the Buyer's location. If there is no person to perform the acceptance at the specified location, the goods shall be taken back to the Seller's warehouse, in which case the Buyer shall cover the costs of transport and additional handling. If the Buyer does not take over the goods even within 8 days from the date of the receipt of the notice of readiness, the Seller may charge € 0.5 per pallet space for each day of delay, as the cost incurred by the Seller due to the Buyer's delay in the acceptance of the goods. In the event of delay in the acceptance of the goods, the risk of accidental damage or destruction of the goods shall pass to the Buyer on the day the Buyer falls into delay. If the Buyer does not take over the goods manufactured according to his individual requirements (e.g. preparation of colour shades, the goods made according to the customer's explicit instructions, etc.), the Seller shall initially warn him in writing about the takeover of the goods. If, despite an explicit written warning, after the expiry of 8 days from receipt of such warning, the Buyer still fails to take over the goods, the Seller shall have the right to charge the ordered goods to the Buyer according to the valid price list along with possible additional costs of storage, reprocessing or destruction of these goods. The risk of accidental destruction or damage to the goods and the liability for damage shall pass to the Buyer at the time of delivery. If the Buyer has special transport requirements, the Seller may charge higher transport costs.

 

7. CLAIMS

Claims for the goods quantity and quality shall be submitted in writing to the Seller by the Buyer immediately at the time of takeover of the goods, and at the latest within 8 days upon the delivery of the goods, otherwise the goods shall be deemed accepted and subsequent claims for visible defects shall no longer be possible. The Buyer has the right to submit a claim for hidden defects no later than six months upon the delivery of the goods. Damaged goods must be photographed and appropriate samples delivered to the Seller together with the claim. The goods returned to the Seller shall have no defects other than the defects claimed for and shall be returned to the Seller within the agreed deadline. If the goods are defective, the Seller shall either remove the defect, or perform an alternative compensation. The Seller shall decide to either replace the defective goods, or remove the defect on the original goods, or pay the compensation to the Buyer. In respect of the claim for defective goods, the parties are obliged by the applicable rules to perform the investigation of goods and rebuke defects in trading activities. The Seller is not obliged to deal with inadequately or incompletely documented claims. The Seller shall not assume any responsibility for claims in the case of improperly selected goods, improper storing, unprofessional use due to failure to follow technical instructions and the use of products after the expiration date. If a claim is substantiated, the Seller shall arrange for the return and replacement of unsuitable goods. The Seller shall not be liable for any damage incurred to the Buyer as a result of the Buyer's delay in fulfilling the contractual obligations, and in particular as a result of incorrect or inaccurate data, Buyer’s specifications, in which case the Seller shall have the right to demand the reimbursement of all possible costs, losses or damages resulting from such conduct. The Seller shall not be liable in respect of damage that has not been caused directly to the goods, and in particular of indirect damage or expenses, lost profits and/or other material and non-material damage to the Buyer. This limitation of liability shall not apply if damage is caused intentionally or through gross negligence. If liability is excluded or limited, it shall also apply to the Seller’s assistants.

 

8. RETURN OF GOODS

The Buyer can return the delivered goods only if there is an explicit prior written agreement with the Seller. In this case, the goods shall be returned in their original undamaged packaging and marked with original markings.

 

9. FORCE MAJEURE

In case of force majeure or other exceptional circumstances (natural disasters such as fire, flood, earthquake, unforeseen production disturbances due to an epidemic, strike or other interruption of work due to any administrative restrictions or prohibitions such as shortage of the goods or raw materials with the manufacturer's supplier, reduction in the supply of energy, and other barriers that are independent of the will of the contracting parties), the goods delivery time may be extended accordingly for the duration of force majeure or other exceptional circumstances. In case of the occurrence of such circumstances, the Seller shall inform the Buyer thereof within one working day.

 

10. PROVISION OF PROPERTY RIGHTS

The goods sold shall remain the property of the Seller even after the delivery to the Buyer until the Buyer pays the entire purchase price and any other obligations. The goods shall remain the property of the Seller until the settlement of all the obligations by the Buyer, regardless of their foundation. If the Buyer fails to respect mutual agreements, especially in terms of a payment delay, the Seller shall have the right to retrieve the goods. It does not mean that the Seller has withdrawn from the contractual relationship, unless he expressly declares it in writing at the time of the retrieval of the goods.

 

11. CONFIDENTIALITY AND PROTECTION OF GOODWILL OF CONTRACT PARTNERS  

The Parties undertake to protect all information deriving from the Contract documents and all other data regarding mutual cooperation as a business secret throughout the duration of the contractual relationship and for at least five years after its expiry. Business secret is considered to be especially:  a pricelist, commercial and other terms of sale, conditions for promotion of sales and advertising, invoices, purchase orders, letters, minutes, contractual documents and all other data in paper or other format. For an infringement of confidentiality, the responsible Party under this provision shall be liable for material and non-material damage.

The Parties undertake to consistently protect the goodwill and trademarks of the contract partner within the whole period of time of their cooperation and at least for five years after its expiry. For this reason, it is not allowed to communicate negative information or opinion on the contract partner to the third parties or any public comments, except in the case of a court dispute.

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12. PACKAGING WASTE COMPLIANCE DECLARATION

The Seller explicitly declares that, in respect of packaging, which, together with his products, he places on the market of the Republic of Slovenia, he acts in compliance with the Decree on packaging and packaging waste handling (Official Gazette of the Republic of Slovenia, No. 84/06 including all amendments), ensuring the proper handling of packaging waste.

 

13. VALIDITY OF THE GENERAL TERMS AND CONDITIONS OF SALE AND JURISDICTION

These General Terms and Conditions of Sale shall apply always except in the case when the Parties have expressly agreed otherwise. The Parties agree on the exclusive application of the law in the seat of the Buyer to regulate all mutual relations regarding the sale of goods. It shall be deemed that by the submission of a written purchase order, the Buyer has explicitly accepted obligations from the Seller's General Terms and Conditions and all other documents which these Conditions refer to. The General Terms and Conditions shall also apply, where applicable, to the Seller's services. In respect of individual rights or obligations between the Seller and the Buyer - Consumer which are otherwise regulated by mandatory consumer protection rules, the relevant mandatory rules in the field of consumer protection shall apply directly.

If the Parties fail to settle a dispute amicably, the dispute shall be settled by the court competent for the registered seat of the Buyer (i.e., the court having jurisdiction in Nova Gorica). Notwithstanding the above, the Buyer may also conduct legal proceedings at the court having jurisdiction in the registered seat of the Supplier. The Parties agree on the exclusive application of the law in the seat of the Seller to regulate all mutual relations.

These General Terms and Conditions of Sale were published on www.plastik.si as well as on the premises of Plastik Si d.o.o. and its shop in Kanal.

 

These General Terms and Conditions of Sale enter into force on 1 April 2019 onwards.

 

 

Plastik SI, Proizvodnja plastičnih izdelkov d.o.o. Slovenia

Peter Peternel, director

 

 

 

 

 

 

 

 

 

 

tanica 5l

21.07.2017