General sale terms and conditions of products of Piramida d.o.o.
SCOPE OF APPLICATION
These General terms and conditions of sale of products of Piramida d.o.o. (hereinafter referred to as: the Terms and Conditions) make the component part of all agreements of sale between Piramida d.o.o. and the customers of products from the product range of Piramida d.o.o. By purchasing the products from the product range of Piramida d.o.o., the customer accepts these Terms and Conditions.
These Terms and Conditions are applied in all cases of sale of products from the side of Piramida d.o.o., if not otherwise stipulated by agreement/offer between Piramida d.o.o. and the customer.
QUANTITIES FOR ORDER
Minimal quantities for order of one product type:
Piramida d.o.o. may accept also the orders which are smaller than those above-stated, but in this case the adjustment of machine will be additionally paid in the amount of 800,00 EUR with vials and in the amount of 500,00 EUR with ampoules.
- 100.000 pieces - vials
- 300.000 pieces - ampoules
CONFIRMATION OF ORDER
After Piramida d.o.o. has sent the written confirmation (by e-mail or fax), it is considered that the order is accepted. In case that Piramida d.o.o. is not in a position to offer the delivery time which is stated in the order, the time of delivery mentioned in the order confirmation will be applied.
The quantity ordered is the quantity stated in the order confirmation, if differs from that mentioned in the customer's order.
The customer is entitled to file an objection to the correction of the quantity referred to the order of Piramida d.o.o. within 24 hours upon the receipt of order confirmation.
Piramida d.o.o. reserves the right to deliver up to three different serial numbers of identical product on particular palettes when delivering particular product as well as the right of delivering the incomplete palette.
Piramida reserves the right to depart from the quantity ordered when delivering particular article, that is for:
- ± 5 % for the quantities ordered above 1.000.000 pcs of ampoules
- ± 7 % for quantities ordered less than 1.000.000 pcs of ampoules
- ± 5 % for quantities ordered above 500.000 pcs of vials
- ± 7 % for quantities ordered less than 500.000 pcs of vials
TAKING DELIVERY OF GOODS
In case the customer is in delay with taking over the delivered goods, or the customer postpones taking over the delivered goods, the customer is obliged to pay Piramida d.o.o. storage charges of 0,1% of goods value per day, for each day of delay. The storage charges may not exceed 10% of total value of goods.
The offer is valid for 7 days.
The payment is made as advance payment (at least 3 days prior to delivery) in the amount of 100% of total price, if not otherwise stipulated in the valid offer or by agreement. The default interest of 12% per annum is charged for delay in payment.
Parity is EXW INCOTERMS 2000, if not otherwise stipulated in the offer or by contract.
The objection is made in a written form within 15 days from the receipt of the goods from the side of the customer for apparent defects, respectively, within 12 months from the receipt of the goods from the side of the customer for latent defects.
The objection must obligatory include the Piramida's serial number of product, name of the product, date of production, the amount of defective products and the description and percentage of determined defects. The customer is also obliged to deliver the samples of defective products.
The customer is entitled to return the products which are determined as defective only after the written approval of Piramida d.o.o.
As agreed with the customer, Piramida d.o.o. will replace the defective product or to compensate for the expenses to the customer.
Piramida d.o.o. is not responsible for the damage above the amount of the value of defective products.
PACKING OF GOODS
The products of Piramida d.o.o. are packed into the polypropylene boxes. The boxes are stacked on euro palettes (1200 x 800 mm) and wrapped in stretch foil.
The goods should be stored in a closed, clean and dry place, well protected from outside influences.
OWNERSHIP OF GOODS
The ownership of the goods remains with Piramida d.o.o. until such time as the payment of the full price of the goods is recorded on the business account of Piramida d.o.o. including any and all incidental expenses.
SETTLEMENT OF DISPUTES
All disputes arising from and in connection with these Terms and Conditions , respectively in connection with the agreement concluded between Piramida d.o.o. and the customer, including the disputes referring to the issues of their valid origin, breach or termination, as well as in connection with the legal consequences thereof , shall be finally settled by arbitration in accordance with the Rules of Arbitration of the Permanent Court at the Croatian Chamber of Commerce as in force ( the Zagreb Rules).
If any of the provisions of these Terms and Conditions shall be declared or become null and void or be held invalid or unenforceable, the remaining provisions shall continue in full force and effect. Such void, invalid or unenforceable provision shall be immediately replaced by another provision, which shall in a legally correct manner accomplish as nearly as possible the purpose and intent of the void, invalid provision. If there are more void or invalid provisions, this clause is applied for each void, invalid or unenforceable provision.
Piramida d.o.o. is not responsible for any damage, increased costs or loss which the customer has suffered or may suffer due to delay or non-fulfillment of obligations from the side of Piramida d.o.o. in the cases including: war, invasion, action of enemies, terroristic actions, outbreak of hostilities (regardless whether the war is announced or not), civil war, rebellion or uprising, actions of Government or actions which are in accordance with any request of the Government; epidemic, cases such as earthquakes, tornado, hurricane, fire; stoppage in production and in business operations as the consequence of court orders, bans or similar orders received by third parties; collective labor disputes, or strikes or protests; accidents with machines, plants or the parts of plants which are used as places for fulfilling the obligations towards the customer.
In the cases referred to the previous paragraph, Piramida d.o.o. has the right to give up or cancel partly or fully the assumed orders without any obligations and responsibilities towards the customers.