Preskoči na glavno vsebino

General business conditions

Issue 01/2017

The general conditions do not apply to consumers within the meaning of the Consumer Protection Act.

1. Definition of terms

Within the meaning of the general business conditions

1.1. The ˝consignee˝ is the buyer and the contractual partner

1.2. The ˝end customer˝ is that person, organization, corporation or other legal subject, which uses the delivered product or at which the product is in use.

1.3. The ˝order˝ or the ˝contract˝ is any kind of contract between Rosenbauer d.o.o. on one side and the consignee on the other side

1.4. With ˝we˝ Rosenbauer d.o.o. is meant.

1.5. The ˝order˝ is any offer for the making of a contract with Rosenbauer d.o.o.

1.6. ˝our offer˝ is every pro-forma invoice, offer as well as every invitation of a consignee to close a contract with us.

1.7. "the goods˝ is every object supplied by us, with regard to the content of the individual order (subject of a contract)

1.8. "foreign orders˝ are those orders where the consignee or the end customer has its residence or head office in a foreign country therefore not in the Republic of Slovenia

1.9. ˝working day˝ is every day from Monday to Friday, with exception of national holidays in the Republic of Slovenia.

 2. Area of activity

2.1. Our offers, orders, sales and deliveries are executed according to valid general business conditions except if it is defined otherwise (see also 2.2 and 2.3), in the currently valid version. Beside this, our general business conditions are published on the Rosenbauer Slovenija web page under the link www.rosenbauer.si where they are freely accessible and the consignee can print them out.

2.2. These general business conditions are also valid in the frame of all future businesses at the sale and/or delivery of our products to the same consignee, without the warning of the consignee every time.

2.3. The agreements with the consignees which are not in accordance with the general business conditions are valid exclusively then when and if for the individual case, these special agreements, also as an appendix to the general business conditions, were confirmed from our side. This necessity for a confirmation is valid in any case for example also when we, without reservations, execute a delivery according to the known conditions of the consignee. At the closure of the contract the possibility of an oral agreement about the deviation from the general business conditions is excluded.

2.4. In a separate case of individual discussion with the consignee (including the additional discussions, supplements and changes of these general business conditions) they in any case have, if originated after the making of the contract, priority over these general business conditions. For the content of this individual agreements the written contract is decisive. If this does not exist, the written confirmation to the consignee from our side is decisive.

3. Offers and pro-forma invoices

3.1. All our offers are valid as open if they are not explicitly given for an appointed time period. The content of the offer is open, except for the part which is separately declared as a business secret.

3.2. Illustrations, the designations of the offers, descriptions, dimensions and weights are only approximations in details and can be adjusted with regard to the suitability of deviations and changes based on new experiences and improvements; and as such they are not binding to the consignee or the end customer.

3.3. Our plans, drawings, sketches, photographs, instruction manuals, production know-how, software etc. are our property and are legally protected against copying, reproduction, competition etc. Without our written consent they cannot be copied, recorded or reproduced and communicated or handed over to third persons. They also cannot be used for other purposes other than the purpose for which they were delivered.

3.4. Our prices are freely formed, net with regard to the work and production. After the conclusion of the contract we have the right to change the price in extraordinary conditions or in case of a higher force (for example war, war conflicts, natural disasters, delivery blockade, state acts, strike, etc=) with regard to the changed conditions. As extraordinary circumstances or a higher force also the following counts: the changes of the legal position, the registration and realization conditions, etc= which originate because of higher expenditures in the production and delivery of the contractual subject. The latter is also valid in case when fixed prices were agreed.

3.5. If the prices are given in a foreign currency (other currency, not EUR), an exchange rate, which is valid in the time of the offer validity, is enclosed to the contract. Eventual costs which originate until the moment of the order confirmation and/or actual delivery because of the difference in the exchange rate outside of the calculated exchange rate, will be covered by the consignee.

3.6. With regard to obvious mistakes, especially mistakes already present in our offer and the accompanying documents, we can from our side execute the cancellation of the contract or a suitable change of agreed prices.

3.7. The pro-forma invoices are in every way nonbinding as far as it is explicitly stated that they are binding.

4. Orders

4.1. The warrant is issued after our written order confirmation (via post, fax or E-mail). It is issued after the clarification of all technical and commercial questions.

4.2. We preserve the right to deliver the ordered also without the written order confirmation. The delivery of the ordered goods substitutes the order confirmation.

4.3. If an offer was given, we preserve the right to reject the order without stating the reason.

4.4. If the consignee and the end customer are not the same or the country of the end customer is not the same as the country of the head office of the consignee, the consignee is obliged to state the country of the end customer.

4.5. If the consignee and the end customer are not the same, the consignee must fulfill all obligations which are needed in order that the end customer can take over and use the goods (for example to assure the confirmation for the usage and other). The consignee is obliged to pay the goods also in case when the delivery to the end customer (via a direct trade or delivery through the consignee) could not be executed because these obligations were not fulfilled. The consignee is obligated to cover all expenses, a minimum take and other compensations for the financial losses originated from these obligations.

4.6. Until the decision about the receipt of the order (order confirmation) or the rejection from our side the consignee is bound to the order for 10 working days. The withdrawal from the order during this period is possible only with our written permission.

4.7. After the order confirmation from our side the contract is binding for us only if there are no hindrances for the fulfilment of the order by state or other public organs (for example import or export prohibition, production prohibition, norms, additional regulations, etc =). In these cases we have the right to withdraw from the contract without any obligations. If there is no statement about the withdrawal from our side, the contract is valid and the risks from the stated circumstances are carried by the consignee.

5. Delivery terms

5.1. The delivery term stated in our offers or confirmed in the order confirmation begins with the date of the order confirmation. In case that an advance payment was agreed, the delivery term does not start before the payment of the advance to our bank account.

5.2. Delivery terms are counted as ex-works (Incoterms EXW). Our obligations are fulfilled when the subject of the delivery is at the consignee’s disposal, which means when the delivery is communicated to the consignee. If the delivery or the transport of the subject of the delivery is executed by the consignee or his assistants, all risks are passed over to the consignee.

5.3. If several delivery terms were stated or agreed, the earlier terms are merely pure indications (the declaration of intent, target guideline) which have no legal effects on us. We strive, with our best endeavors and efforts, to stick to the stated indications.

5.4. The delivery term stated in the order confirmation is agreed under the conditions of normal circumstances according to our best knowledge. Because of inconvenient events such as shortage of transportation means, operation interruptions, strikes, working restrictions, confiscations, offal of important working pieces, etc... in our production or in the production of a subcontractor, late transport or missed delivery of semi manufacture or manufacture pieces, chassis and motors, etc =, unexpected and expected troubles in the process of crossings of borders and import or export customs clearance, the delivery term is always proportionately prolonged without the right of the consignee to enforce any rights or withdraw from them. If any of this circumstances occur we will immediately inform the consignee and state a new delivery term.

5.5. If the consignee wants a technical, commercial or delivery term change, we can unilaterally determine a new delivery term.

6. Delivery and dispatch (shipment)

6.1. If in the order there is a foreign contact, the delivery conditions must be set according to suitable Incoterms and their valid version, except it is anticipated otherwise from the contract and the general business conditions.

6.2. We preserve the right to execute a partial or premature delivery.

6.3. We preserve the right that, according to our belief, instead of the ordered goods we deliver equivalent goods in case that the ordered goods because of whatever reasons cannot be delivered or cannot be delivered in the agreed period. Such a change is allowed only if it is suitable for the consignee. If the consignee allows such a change of the goods, he later cannot refer to unacceptability and because of this reason he cannot withdraw from the contract, change the contract, lower the price or limit his obligations according to the contract.

6.4. Without explicit agreements the goods are dispatched uninsured on the account and risk of the consignee. Only based on a written claim by the consignee, the subject of the delivery will be insured against theft, breakage, transportation damages, fire or flooding or other risks against which it can be insured. All costs connected with this are born by the consignee.

6.5. If according to the agreement the dispatch will be executed by us, we assume responsibility for the arrangement of the delivery if the consignee presents instructions about the dispatch.

6.6. If for the orders with foreign contacts import or export licenses or other documentation is needed in order to execute the import/export or the transport itself, the consignee is obliged to timely provide this documents in the ordering process. All costs and inconveniences of any kind, which originate because of the untimely acquisition of the documents are carried by the consignee. Regarding this we do not assume any responsibility.

6.7. Sample and exhibition specimen or any other goods the consignee asked us to provide and was given at his disposal, the consignee must return within four weeks, insured and without transport costs. In the opposite case the specimens are considered to be sold and must be paid immediately. Until the complete payment these specimens remain our property.

6.8. If instruction manuals, list of spare parts, drawings and other documentation is enclosed to the goods, the mentioned documents are only in one copy. Additional copies are charged separately. If introduction into work was explicitly agreed, it will be executed – if not agreed otherwise – by a service technician chosen by us. For the introduction into the work, travelling expenses, accommodation and daily wages of the service technician we will issue an invoice to the consignee.

6.9. The takeover of the goods in the presence of the consignee is executed only if it was explicitly agreed. The tests and trials, which exceed the usual factory tests for the takeover, must be agreed separately. The costs and other connected expenditures are born by the consignee.

6.10. If according to the agreement the dispatch is executed by us, it is done with partners and carriers which are chosen by us and under standard return terms. The packaging cannot be returned to us.

7. Delay and incapability of the fulfilment of the contract

7.1. In case of a delay a written agreement about the binding delivery term, a written reminder with the definition of a subsequent term from the consignee is obligatory. Also an agreement about an unsuccessful course of the subsequent term is obligatory.

7.2. If because of the delay the consignee suffers a provable damage because of a gross negligence from our side (see article 7.1. of the General business conditions), there is the right to damage compensation in the height of at least 5% of the value of the specific part of the delivery which the consignee because of the delay cannot use timely or use for the intended purpose. Further justifications because of the delivery delay are excluded.

7.3. Regardless of the right of the consignee to withdraw from the contract in case of errors (article 11. of the General business conditions) the consignee can withdraw from the contract in case if from the occurrence of the delivery delay, according to article

7.1., more than two calendar months pass, with an existing violation from our side. The consignee is exclusively entitled to a compensation according to article 7.2. In case of initial or subsequent incapability of the fulfilment we have the right to withdraw from the contract, without the consignee having the right to damage compensation according to article 7.2.

7.4. The consignee is obliged to, at our request within a reasonable time period declares if because of the delivery delay he will withdraw from the contract or persevere at the delivery. If the consignee does not issue such a declaration within the set time period, the consignee has no right to decline the delivery or withdraw from the contract and also cannot enforce any compensation.

8. Risks and delay of the takeover by the consignee

8.1. The risk of a coincidental occurrence or the deterioration of the subject is transferred onto the consignee in case when we execute the dispatch and the transport, at latest with the dispatch of the subject of the delivery to the consignee and also in case when a partial delivery is executed or when we take over other services as for example dispatch and transport costs.

8.2. If the dispatch is done by us and it delays because of circumstances for which the consignee is responsible, the risk of a coincidental occurrence or the deterioration of the subject from the moment of the notification about the dispatch readiness is born by the consignee. In this case according to a written request of the consignee we are willing to obtain the demanded insurance. All costs which originate from this are born by the consignee. Independently of this the consignee is obliged to also cover all other originated costs.

8.3. If the consignee is late with the takeover, abandons the cooperation or our delivery is delayed because of reasons, which are on the side of the consignee, we, regardless of the consignee’s guilt, have the right to demand a damage compensation originated from this including additional costs (for example storage costs). For this charged lump compensation in the height of at least 5% of the invoice value per week, and maximum of 10% starting with the delivery date or if the delivery date was not determined, from the notification of the readiness for the dispatch. This is also valid in case when the subject of the delivery is stored in the warehouse of another producer. The evidence about a larger damage and our other legal justifications (especially compensation for the damage and lost earnings, denunciation) stay valid, the lump compensation is added to the eventual enforcement of these justifications. We are also entitled that, after the setting of a suitable term for the takeover of the subject of the delivery and despite unsuccessful expiration of this term, the subject of the delivery is at our disposal and we can deliver it to the consignee with a suitable prolonged delivery term according to the prices valid in that moment.

 

 

9. Payment

9.1. The place of the execution of all payments is Gornja Radgona even if according to an agreement the delivery of the goods or other services takes place on another location.

9.2. In case of nonexistence of separate other arrangements the majority of our prices are valid as ex-works factory (Incoterm EXW) in EUR, including VAT in the valid amount. The additional costs, especially packaging, transport, insurance, custom duties etc = are – in case that they are given – charged separately. All internal and foreign external additional costs which originate in connection with the delivery, are carried by the consignee. All payments according to our choice are executed in cash or via money transfer onto a bank account, which is stated on the invoice.

9.3. The payment must be made without any deduction at the receipt of the invoice, except it was agreed otherwise in writing.

9.4. It the consignee does not make the payment from his own bank account, the payment is legitimate if this was agreed in advance or we agree to this payment subsequently in writing. Without preceding agreements we are entitled to ask for a repeated payment and we can keep the already paid amount until the payment is made from the consignee’s own bank account.

9.5. If the payment is not made in the agreed time period, we can charge statutory interests for late payment and also all costs and expenditures originated from this. In that case we are entitled to, regardless of the order, make the delivery of the goods to the consignee or the final production of the goods based on the advance payment or the bank assurance of the agreed price or we can entirely withdraw from the contract. Because of the delay the agreed delivery terms become unfounded.

9.6. Reconciliation of the consignee’s claims with our claims is not permissible except if the claims of the consignee are in legal connection with the consignee’s obligations or if the claim is judicially ascertained or in writing acknowledged by us.

9.7. The delivered goods stay in our property until the complete payment of the agreed purchase price and originated additional fees (9.2). Until the transfer of the property the consignee in not entitled to, without our knowledge, sell or pawn the goods or leave the goods to a third party. When claiming the goods through a third person (for example seizure) the buyer is obliged to immediately notify us about that and give us the chance to enforce our right to property and the justifications arising from that. The costs of this enforcement are in any case carried by the consignee. The subject of the delivery stays in our property also when it is blended, mixed, remodeled or otherwise changed with other objects of the consignee or a third person. If the legal order in the area where the subject is found does not allow the reservation of the right to property, but allows other justifications toward the contractual subject especially for example to renounce of the justifications to the subsequent buyer, we can enforce all right of this kind. Especially at the subsequent sale the consignee is obligated to present all needed information, allow us the insight into all needed documents and on his own expense renounce his claims toward third persons to which the subject of the delivery was mediated, inform the subsequent buyer about the transfer of these justifications (for example assignment of claim agreement) and appropriately mark this in the business books. All delivery costs in connection with duties such as taxes, custom fees, etc = are carried by the consignee.

10. Withdrawal from the contract

10.1. In the bellow stated time period the consignee has the right to withdraw from the contract without a statement or from the contractual statement given by him, in case of a purchase of unchanged goods. He cannot do this for goods which were produced and obtained according to the contract. It is sufficient that the notice of withdrawal is sent timely. The notice of withdrawal is sent in writing via fax or Email to the address stated in the delivery note.

10.2. The time period for the withdrawal from the contract is 5 working days and starts with the day of the receipt of the goods.

10.3. If the consignee withdraws from the contract, he is step by step obligated to send the goods in original packaging without traces of usage back to the address stated on the delivery note. The shipment/transport costs are carried by the consignee. The purchase money will be returned step by step. If upon return we notice signs of usage or damage on the goods, we preserve the right to enforce the claims because of the signs of usage or damages.

11. Warranty

11.1. In case that in the contract it was not especially agreed otherwise, we, under the condition of fulfilment of payment obligations, offer the consignee (not to the third person), a warranty that the products are without material defects and defects in the execution and according to the technical conditions in the time when products are put into circulation. The consignee can refer to this warranty only if he can prove that the error/defect was already present at time of the delivery and if he immediately but not later than three working days after the delivery notifies us about the errors/defects. The notification must be sent in writing with a detailed description of the errors/defects. Reclamations because of the incorrect execution of the contract and because of errors/defects, which could be stated at the immediate examination of the subject of the delivery must be sent in writing not later than three days after the arrival of the goods to the specified place. In the case of an agreed takeover (6.9) the reclamation must be sent within three working days after the takeover. Otherwise the consignee cannot enforce the warranty claims, mistake, damage compensation (including with damage compensation for eventual further damages).

11.2. If the forced standard does not foresee otherwise, the warranty period is 12 months (6 months for spare parts) and begins with – in case the takeover is not agreed according to 6.9) – with the ex-works factory (Incoterm EXW) or with the dispatch in case it is executed by us. After the expiration of this period we do not guarantee with the warranty anymore. At orders in foreign contact the warranty period is 13 months in case that the transport exceeds 4 weeks. Because of eventual correction of faults the warranty period and the warranty period agreed in writing are not prolonged.

11.3. In case of a founded reclamation first the consignee can ask us for an improvement or exchange. If the improvement or the exchange cannot be made or if for us this is connected with unproportioned economic or actual costs, the consignee can propose the lowering of the price or he can withdraw from the contract. The withdrawal is not possible if the reclamation does not contain a clerical error in accordance with the provisions of the liability legislation. The compensation of eventual frustrating (failed) mounting costs and execution of goods with defects is also not considered as warranty claims.

11.4. The warranty claims are directed toward the correction of errors which significantly influence the ability of usage. We have the right that according to our choice we can repair the damaged parts or substitute them with new parts. The place of the improvement or exchange is the place of the execution of the business, the costs originating from this will be carried by the consignee.

11.5. For parts which we do not produce ourselves, the warranty is limited also in case when they are installed into our products or otherwise used, at the cession of the claims toward suppliers.

11.6. The claims from the warranty are ceased when on the subject of the delivery changes, repairs or any other interventions were made without our written permission.

11.7. Our warranty obligation is valid only for errors/defects which occur despite following of foreseen operational, maintenance and mounting regulations. The warranty is not valid for errors/defects which are based on inappropriate or unprofessional use, overloading, on inadequate or negligent handling, unauthorized usage or change of the delivered software (in the sense of article 13.2), unprofessional personnel and natural wear. This also is valid if our suppliers do not follow the operational, maintenance and mounting regulations.

11.8. In the case of the preceding article all warranty claims, including the right to withdraw from the contract and lower the price, are excluded. This is also valid for eventual compensation claims for example because of incomplete delivery. In case of existence of errors/defects the consignee is not entitled to a partial or full return of the purchase price.

11.9. If in case of a founded warranty claim the consignee does the repair through a third person, he can charge us only those costs which would be equal if the error/defect was corrected by our trained personnel and if the consignee would be entitled to the repair by a third person.

12. Compensation

12.1. The consignee is entitled to a compensation for the personal damages originated from a fault-based light negligence from our side.

12.2. An explicit agreement is, that an obligation to pay out the compensation to the consignee for other damages than personal damages (12.1) exists, as far as from the individual case we are charged with fault-based intension or serious negligence. For resulting damages, especially for the lost profits, suspension of business cooperation or downtimes any liability is excluded. For the remaining damages to which the consignee is entitled according to the liability legislation, we are answering only if those damages based on the forced legislation provisions cannot be excluded. Any references to the right to a full compensation in the sense of the provisions of the Obligations code is excluded.

12.3. The compensation must not exceed the amount which we could have foreseen as a possible consequence because of the nonfulfillment of the contract.

12.4. Also in case of the ineffectiveness of the exclusion of the responsibility we are not responsible for errors or nonfulfillment of the contract at the existence of a higher force (force majeure). As a higher force is an occurrence of unforeseen circumstances after the closure of the contract which could not have been prevented, abolished or avoided. Among higher force also circumstances like for example working conflicts and other circumstances are counted, which are independent from the customer such as fire, mobilization, seizure, embargo, uprising, war, etc =

12.5. The subject of the contract is only the protection which we expect based on the legal provisions, official regulations, operation manuals, regulations regarding the delivery of the contractual subject (operation manuals, service regulations, etc =), especially with regard to prescribed tests and checks and other given warnings. The consignee is obliged to consider all regulations about the subject of the contract, also from the producer and use the goods together with all parts and eventual software only for the contractual defined purpose.

12.6. The consignee is obliged to accept all suitable and possible measures to prevent the damage and to as possible as the can restrain the originated damage. Otherwise we are entitled to request a suitable reduction of the established damage.

12.7. In case that the here agreed limits of our responsibility are fully or partially legally ineffective, our responsibility is in every way in content and extent limited in an utmost admissible measure.

12.8. For every training or education for the contractual subject (especially the training for the takeover of the goods) additionally the following applies: we explicitly point out that the participants sent by the consignee of such trainings (˝participants˝) are exposed to increased risks at practical exercises. All those exercises are executed voluntarily and with regard to the risks which are typical for such exercises on their own danger and responsibility. The dangers which at increased care are not recognizable for the participants, must be pointed out. The consignee assures that the participants will be advised: - that they must consider the instructions and the safety instructions given by our instructors/lecturers and also the house order and other safety regulations; - that during the training they are responsible for their own physical and psychological readiness; - that they must inform us about eventual diseases or hindrances which are relevant for the execution of the training; - that they must exclusively declare that they do not suffer from dizziness and that they are stable. The responsibility of our instructors/lecturers for the hindrances of any kind as a consequence of the missing ability of the participant or as a consequence of the non-compliance of the instructions is excluded. Otherwise the limits of the responsibility according to the general business conditions (especially according to article 12) apply.

13. Use of the software

13.1. In case that the software is included in the scope of the delivery, a right about the non-excludability or the duty to use the delivered software together with its documentation is determined for the user. The disposal is done exclusively for the use on the subject of the contract. The use of the software on more than one system is forbidden.

13.2. If the consignee does not consider the eventual installation conditions and instructions, this leads to an immediate final loss of the consignee’s rights or claims from the responsibility and compensations.

13.3. If the use of the software from our side is limited in time, the consignee after this date is prohibited to use the software or use it in any other way.

13.4. The decomposition of the delivered software with the reservation of other compulsory norms is prohibited and can be executed only with our explicit written permission.

13.5. The consignee is committed that without our preceding exclusive and written permission he will not remove or change the data about the producer, especially the inscriptions of the trade mark.

13.6. All other rights in connection with the software, the source code and the documentation in including with all the copies remain in our domain or the domain of the supplier of the software. License granting is not allowed.

14. Data protection and conformity with the regulations

14.1. Because of the provisions of the Personal Data Protection Act it is explicitly warned about the fact that because of the automatically supported data processing, this data for the execution of every order with names, addresses, telephone and telefax numbers, Email addresses, payment modalities of the consignee, is stored on a data carriers. If this necessary for the execution of the order we are entitled to mediate this data to third persons. Beside this the data of the consignee are handled confidentially and are not mediated to third persons.

14.2. It is forbidden for the consignee to promise a payment or in any kind give or promise any kind of benefits to any kind of official person or person which is especially appointed for the public service or his direct relatives as a return favour or to offer, promise or allow to, now or in the future, perform a public action because of which the consingnee or we would be unfairly privileged at the delivery of products or performing of services. In case of such violations we preserve the right to enforce damage compensations which originate from this from the consignee.

15. Court jurisdictions

15.1. The place of the execution of our delivery and services is – if not otherwise agreed – our place of business. For eventual disputes originating from the contract, its structure, execution and annulment, the court of justice in Murska Sobota is competent. At this we preserve the right that we, according to the general court jurisdiction and collision norms, choose the actual jurisdictive court.

15.2. The inclusion of the national and international arbitration tribunal can be executed only after our written consent or a written arbitration clause.

15.3. In case of disputes of any kind which originate in connection with the order, these or other general business conditions, other written agreement, offers, pro-forma invoices, order confirmations, invoices, documents, deeds, notifications, operation manuals, spare parts lists, price lists, catalogues, etc = always the text in the Slovene language is decisive.

16. General provisions

16.1. These general business conditions are valid for the introduction, conclusion, execution and annulation of all kinds of legal businesses from our side if they were not accepted differently in the particular order confirmation or later other written arrangements. In this sense they are also valid for other performed services. For repairs they are valid only if our service conditions were not accepted.

16.2. All kinds of agreements and eventual changes of these conditions an also all declarations which must be given based on the accepted agreements are only valid if they are in a written form. It is sufficient if they were sent by telefax or Email.

16.3. For all orders and contractual relations, their introduction, conclusion, execution, annulation and their realization exclusively the Slovene law is used regardless of the Vienna convention (a contract about international sales of goods, CISG) or collision norms. This especially is valid for the question of the validity, serviceableness and the explanation of the general business conditions.

16.4. If any of the provisions from these general business conditions becomes invalid or nulled and voided, this does not affect the other provisions and therefore the valid provision is the provision which is most suitable for the valid provision.

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