These Terms and Conditions of sales and delivery apply to all of our offers, tenders, and sales in the commerce of metal, including future ones. The buyer‘s conditions of purchase will not be recognized even if we do not expressly contradict them upon receiving them. Deviating or additional conditions are only recognized with our express written agreement. The buyer acknowledge the binding nature of these Terms and Conditions for both parties on conclusion of the contract, or at the latest by the time the goods are received.
Our stock lists and sales documents are always without obligation and do not constitute binding offers. We are bound only by our written confirmation of contract. Unless otherwise agreed, our prices are ex works and exclude any extra costs concerning delivery, packaging, transport, and insurance. The price basis depends on agreement and does not include VAT. The purchaser does not obtain any right to the goods by paying partial costs for those goods. The ownership of the consignments remains with the Supplier until full payment has been received. Unanticipated increases in manufacturing costs, taxes, customs charges, or other legal fees, transport costs, and insurance premiums will be additionally at the Purchaser’s expense.
3. Deviations, quantity tolerance
Any deviations in weight, quantity or specification of the goods delivered from the information stated in our packing list must be proved by the purchaser. Quantity tolerance on the weights or quantities agreed on is basically up to 10 % unless there is an obvious agreement on the other.
4. Delivery dates, delay
All agreed-upon delivery dates are target dates and without obligation. We are entitled to make partial deliveries at any time. Cancellations and claims for compensation for any delays or for completely undelivered consignments cannot be accepted in any case.
Our invoices are payable, net, without any deductions, prepayment unless otherwise agreed. In case of delay in payment, late interest of 18% must be paid on top of the original invoice. If the Purchaser is in arrears, we reserve the right to cancel the contract. Withholding a payment or offsetting it because of any possible existing counterclaims on the part of the purchaser is, with the exception of undisputed or legally established claims, excluded. This applies especially to complaints. If it becomes clear after the conclusion of the sales contract that our payment claim is endangered on account of the purchaser‘s lack of creditworthiness or if the purchaser is in arrears by a considerable amount, we are entitled to provide further delivery only in return for advance payment.
6. Protective rights of third parties
If there are deliveries according to drawings or other information of the purchaser and if this violates the protective rights of third parties, the purchaser will indemnify us from any and all claims.
7. Guarantee obligations
We must be informed of defects to goods immediately and in writing no later than one week after delivery. Concealed defects that cannot be discovered even after careful examination within this term must be reported in writing immediately upon discovery and by the time of expiry of the legal period of limitation at the latest.
The purchaser is obliged to give us the opportunity to convince ourselves of the defect, and especially to put the defective goods or samples thereof at our disposal for examination purposes should we so demand. If the purchaser does not fulfil this duty, all rights pertaining to the defect will cease to apply. The purchaser cannot derive any rights concerning remaining partial deliveries from defects in one given partial delivery.
If a complaint proves to be founded, replacements will be delivered weight for weight free of freight charges from the original receiving point. We will only assume additional costs arising from a replacement delivery if they are, in a given individual case, in proportion to the purchase price of the goods. We will not assume expenses that arise from the goods being delivered to a different location from the agreed place of fulfilment.
The purchaser is responsible for checking whether the goods ordered are suitable for the use intended. We assume no guarantee for suitability. We will provide technical advice to the best of our knowledge and ability. It is, however, non-binding and does not exempt the purchaser from his own checks and experiments. The purchaser can only demand damages or the refund of futile expenses from us in cases of grossly negligent or deliberate violation of the duty to deliver faultless goods. The purchaser must then prove the damage or expenses in terms of reason and amount respectively.
All guarantee and damages claims, for whatever legal reason, expire by limitation 12 months after delivery of the goods.
8. General limitation of liability
Regardless of the conditions concerning the guarantee and other special stipulations set out in these conditions, the following shall apply:
In the case of the violation of contractual and extracontractual duties we are only liable in cases of intent and gross negligence, even for our agents, limited to contractually typical damage that is predictable when the contract is concluded. All further liability on our part, also for damages caused by defects and the consequences of defects, is excluded.
These limitations do not apply if there is a culpable violation of essential contractual obligations insofar as the fulfilment of the purpose of the contract is put in danger, if there is culpably caused damage to life, limb and health or in cases of mandatory liability in accordance with the product liability law.
9. Place of execution, jurisdiction
For all obligations in this contract, the place of execution is Ljubljana, Republic of Slovenia. The place of jurisdiction for the settlement of all legal disputes from the contract is Ljubljana, Republic of Slovenia. The law of the Republic of Slovenia will apply to all legal relations with us.