Terms of sale
HOFMANN CONSULT BULGARIA EOOD
Terms of sale / contract
1. Present terms of sale are valid as a purchase and sales agreement of the issued invoice for the invoiced goods.
2. By placing an order for delivery of goods or buying goods from our warehouse, the buyer automatically recognizes the validity of our terms of sale of the goods purchased by him. recognizes the contract of sale as signed.
3. By purchasing lubricants and coolants, the buyer declares that they will be used for purposes other than motor fuel or heating fuel.
4. Our sale offers of goods are non-binding
5. Orders for delivery of goods are valid only with written confirmation from our side.
6. Exploitation of the purchased goods is on the buyer’s own risk
7. Price, calculation, payment:
Determinants for calculating the selling price of the goods are the prices valid on the day of dispatch of the goods, which are from our warehouse, excluding transport, postage, packaging and VAT (unless otherwise offered), in EURO and recalculated in BGN exchange rate on the day of sale.
The term of payment is mentioned in the relevant invoices for the sale of goods. In case of non-compliance with the payment term mentioned in the invoice, the Buyer is obligated to pay a penalty of 0.1% per day on the value of the transaction, until full repayment of the amount.
Payments are used first to cover the cost of recovering amounts due, then to cover interest rate and the surplus to settle old debts.
The repayment of our receivables can also be done by offsetting to third parties or companies.
At our discretion, we can exercise the right of return of goods with overdue payment.
8. Delivery and collection of items:
The agreed terms of delivery depends on the terms of delivery offered by our company: or the date of shipment of the goods to the customer, or the date of his written notification that it is available in warehouse for collection from his side.
In case of non-compliance with the delivery deadline due to a proven gross violation on our part and after the written delivery date fixed by the buyer has expired, he may withdraw from the contract without the right to other compensation or claims.
In the case of framework orders, we are entitled to partial deliveries.
Our obligation to deliver of confirmed orders by us is suspended for the time in which the buyer is late in paying his debt.
Тhe buyer is not entitled to claims for delivery of goods from his order, the receivables of which he has delayed by more than 14 days after his written notification. The same applies to quantities that we have not delivered due to late payments to the buyer.
We reserve the right to deliver goods in larger or reduced volume up to ± 10% of the ordered quantity, without the informed consent of the customer.
Variation or changes in the agreed product can be made only if they will not lead to inability to use the customer.
Force majeure accidents in production, delayed or not delivered orders by our suppliers, shortage of staff, energy or raw materials, strikes, foreclosure, difficulties in transportation, government regulations and force majeure circumstances release us from the obligation to deliver the goods for the duration of the above difficulties and in the scope of their action.
If in such cases the delivery of goods is delayed for more than one month, we have the right to cancel the whole order or quantities affected by difficulties in delivery or collection of goods, without the right of claims by the buyer.
10. Shipments:
The shipments are transported at buyer’s risk. We choose the way and route of shipment, while making efforts to comply with the wishes of the buyer; the costs are at the expense of the buyer.
11. Warranty and complaints
The buyer is obliged to check if the delivered goods correspond to the quantity and quality ordered by him. If this inspection is not performed or is not performed within the required scope, or visible defects are not reported to us immediately or no later than 14 days after receipt of the goods, the goods are considered approved and claims are unfounded. Complaints of invisible defects are reported immediately after their discovery or no later than 1 month after delivery of the goods. Advertised goods can be returned to us only with our explicit consent. Complaints, justified and properly prepared, we will satisfy at our choice or by discounting the price, improving the quality, exchange or return of the goods against compensation of the purchase price. In case of default of this obligation, the buyer can choose between these rights.
Other buyer’s rights, even if allowed by current legal system are excluded; this is especially valid for compensation for damage not caused directly to the goods.
12. Information and consultation
We provide information of the possibilities for processing and use of the products supplied by us, technical consultations and providing other data in accordance with our competence, but they are non-binding and exclude any responsibilities.
13. Cancelation and penalties
The buyer of the goods has the right to cancel an order only if the manner of termination is regulated in advance in his order and is confirmed in writing by us.
We are not responsible for the goods we deliver in any aspect, either for the goods themselves or as a consequence of their use, regardless of applicable law.
Goods ordered by the buyer, but not collected from our warehouse after his written notification, at our discretion, are either invoiced and sent at his expense (even if this does not match the pre-agreed terms of delivery and his desire), or sold to another client.
14. Ownership protection
The delivered goods remain at our ownership until provision of all the claims that are due to us from the current and future trade relations, until all the balances of the buyer are settled. Our ownership extends to products resulting from the processing of goods – our ownership. When processing, combining or mixing with products that are not our, we acquire co-ownership in relation to the invoice amount of the goods – our ownership to other materials.
The buyer provides us as compensation, his receivable from the sale of our goods from current and future deliveries together with all additional rights in the volume of our share in the ownership.
In case of processing within the framework of an employment contract, the receivable from the remuneration in the amount of the share amount from our invoice for the processed goods-our ownership is last provided to us.
While the buyer performs his trade obligations with our company he may dispose with goods which is at our ownership, by handling accordingly, and collect presented receivables. In case of payment delay or reasonable doubt in the solvency or the possibility of obtaining loans to the buyer, we have the right to collect the provided receivables and to return the goods – our property; but cancelation of the contract may be applied only if we have explicitly declared and confirmed in writing.
15. Trade mark:
Some of the delivered products have a trademark. If these products need to be processing, etc., the trademark may be used in connection with the products manufactured by the buyer only with the express written consent of its owner.
16. Tools expenses
Tools, equipment and special measuring devices produced by us necessary for the production of the invoiced goods remain our unlimited ownership, even if they have been paid partly or completely by the buyer. The costs of replacing obsolete tools and wearing parts are paid by the buyer. To guarantee production, especially for tools for serial parts, we must carry out preliminary production in sufficient volume. The loss of a detail, for whatever reason, must be notified to us in a timely manner or within one year in advance in order to find opportunities to use the pre-manufactured parts of the tool. If this notification is not made in a timely manner, we have the right to invoice the buyer for unused instruments.
If the delivery is not due to the fault of the buyer, we have the right to charge the full cost of the tool. This also applies to cases in which delivery is made in such a small range that it is impossible to depreciate the part of the instrument taken over by us.
The legislation of the Republic of Bulgaria is valid for the disputed cases not affected in the present conditions of sale.
Place of arbitrage – Sofia, Bulgaria