Terms of sale determine rights and obligations between the buyer and IMPOL,
d.o.o. (the seller). The buyer confirms and fully accepts these Terms of sale
with the acceptance of offer, signature of contract or order confirmation or in
any other form acceptable for both parties.
CONCLUDING CONTRACT AND CONFIRMATION ORDERS
and the buyer may conclude the contract for one time purchase (the contract,
confirmation order or order) or the contract for definite time period (the long
term contract or the contract). With the long term contract the parties agree
Quantity and Quality of goods or services for each delivery period, Delivery
period and Price for the total duration of the contract. In case of the long
term contract the buyer is also obliged to provide a detailed specification of
goods to be ordered to the seller. If this specification is not provided on
time, the seller should give notice to the buyer to provide it. The seller may
terminate the contract and charge the termination costs to the buyer in
accordance with point 5 of these Terms, if the buyer does not provide the
required specification within 8 days after the notice from pervious sentence is
provided to the buyer.
is carried out on the basis of the currently valid price list or individually
determined terms and prices or under terms and prices agreed in the long term
contract. Each order confirmation should contain the basic data of the buyer
and the quantity, quality, price and delivery date of ordered goods. Order
should be provided on regular post, fax or e-mail. Order confirmations provided
by phone should be confirmed in writing. Order confirmation or the detailed
specification binds the buyer to take a delivery and make a payment of the
goods unconditionally and only afterwards the rights may be enforced, if not
contract is concluded when the buyer accepts the offer and communicates his acceptance
with the seller. If the buyer confirms the offer in any credible manner and
does not return a signed copy of the confirmed offer to the seller within 3
days after acceptance of the offer, it is considered that the buyer accepts and
agrees with all terms and conditions from the contract.
SHIPMENT AND RECEIPT OF GOODS
period shall run from the day of confirmation of order to the buyer. The seller
reserves its right to extent the delivery period in case of force majeure
(fires, earthquakes, floods, wars, strikes, storms, traffic jams, national
measures or other unpredictable situations).
The seller is obligated to inform the buyer about the existence and
cessation of force of majeure immediately.
payments are made on the basis of invoices issued. Term of payment and
expiration date of payment respectively is stated on the invoice in accordance
with the provisions of the contract. The contractors may agree on extension of
payment in writing, however, the buyer must provide an appropriate instrument
to secure the payment upon the seller’s choice. In case of expiration of
payments the seller reserves its right to calculate and charge legal interest
for delay. Furthermore, the seller reserves its right to terminate the supply
of goods and withdraw from the contract respectively as well as charge the
costs of withdrawal to the buyer in case of outstanding bills or nonfulfillment
of other contractual obligations.
POSTPONING DELIVERY DATES
customer, for any reason, seeks to postpone the conractually agreed delivery
dates and its wish can be met by the seller, the customer shall bear thus
incurred contango costs.
TERMINATION FROM THE CONTRACT
may withdraw from the contract or order confirmation in writing no later than
by the time the goods are dispatched. However he must compensate all incurred
costs due to the withdrawal (the costs of the withdrawal). The buyer must pay
the costs of the withdrawal also, if the seller on account of the buyer’s fault
withdraws from the contract or order confirmation.
of the withdrawal are as follows: difference between the market value of Al
material on the day of conclusion of the contract/receipt of the order
confirmation and market value on the day of receipt of withdrawal statement,
labor costs, costs of services, financial costs and other dependent costs.
EXTENDED RETENTION OF TITLE
shall remain the property of the seller until the buyer has paid all sums to
the seller. The buyer may hold the goods and has the power of disposal; however
he is liable for all reasonable claims of the seller, if he does not comply
with the financial or other obligations. In the event of delayed payment the
buyer should return all the goods received and not paid upon the request of the
seller. Should the buyer resell or consume the goods prior the complete payment
of goods, he assignees all claims against third parties which arise from such
resell or consumption of the goods to the seller. The buyer should send a
notice about such claims to the seller immediately as they arise.
GUARANTY AND RECLAMATIONS
must examine goods upon the receipt and inform the seller immediately but no
later than in 8 days about clerical errors. The seller guarantees for hidden
clerical errors (latent defects) within 180 days after the delivery. The seller
binds himself to work out reclaimations appropriately in reasonable time period
for all goods that are subject to the valid guaranty providing that the buyer
has informed in due time the seller about defects.
physical damage of goods which is a result of blow, fall, thuderblast,
irregular parking, etc. is not subject to the guaranty unless the buyer
unequivocally proves that he received such goods at the signature of the entry
document. The buyer is not entitled to enforce the guaranty if he does not
assure a proper use, processing or storage of goods.
and the buyer agree that all information are subject to confidentiality and should
not be disclosed to any third party without the prior written consent of other
of Slovenia govern Contract and these Terms of sale and they will be
interpreted in accordance with those laws. The appropriate provisions of
Slovene law and regulations govern any rights and duties of the contractual
parties that contract or this Terms of sale does not explicitly address.
dispute arise between the contractual parties, they will attempt to resolve the
dispute in good faith. If they will not be successful, the court in Maribor,
Slovenia, has exclusive jurisdiction in a connection with the resolution of the
Terms of sale are available on the official web page of the seller and are
attached to every offer, contract and the order confirmation. Terms of sales
form an integral part of offer/contract/order confirmation to which they are
parties may change particular provisions of these Terms of sale with special
d.o.o., all rights reserved.
and published in 2009.