These General Terms and Conditions of Sale shall apply only to customers in accordance with Article 295 of the Obligations Act.
Meaning of terms in General Terms and Conditions of Sale:
KOVAČ STAHL ČELIK d.o.o.
CUSTOMER – a legal or natural person who enters into a business relationship with KOVAČ STAHL ČELIK d.o.o.: service production/processing of products or purchase of goods from the production/sale programme.
GOODS – service or product that are the subject of sale.
General Terms and Conditions of Sale are published on the website of the company KOVAC ČELIK d.o.o. (www.kovac-celik.hr) and are publicly available to the customer.
General Terms and Conditions of Sale apply to all current and future business relationships.
An offer by KOVAČ STAHL ČELIK d.o.o. and order confirmation
Any offer that KOVAČ STAHL ČELIK d.o.o. sends to the Customer must contain the following: customer’s name, position name, quantity, price, payment terms, delivery parity.
The period of validity of an offer is 30 days, except where the option of the offer is valid until price change or while stocks last. The price is valid for the entire quantity offered, if the quantity changes, we reserve the right to change the price. The offer is considered accepted when KOVAČ STAHL ČELIK d.o.o. receives the Customer’s written confirmation of the offer or order form before the end of the validity of the offer, and the Customer agrees with the General Terms and Conditions of Sale.
Customer order, order cancellation
Liabilities of KOVAČ STAHL ČELIK d.o.o. arise when KOVAČ STAHL ČELIK d.o.o. sends order confirmation, provided that the Customer has settled all financial obligations after the payment deadline.
A change or revocation of a customer order is possible only if Kovač Stahl Čelik did not start processing the order, otherwise the order cannot be revoked. Only written changes and cancellation of orders are considered valid.
If the order is cancelled, the Customer is responsible for all expenses incurred in connection with the cancellation. KOVAČ STAHL ČELIK d.o.o. can charge the Customer for the amount of actually incurred costs: handling, administration, transhipment.
Goods are delivered from KOVAČ STAHL ČELIK d.o.o. Rakitnica 2, 10000 Zagreb, Croatia.
Order confirmation shall indicate the delivery deadline (indicative). Delivery is considered to be made when the Customer takes over the goods in a warehouse of KOVAČ STAHL ČELIK d.o.o. or some other agreed location. KOVAČ STAHL ČELIK d.o.o. reserves the right to extend the delivery time in the case of force majeure.
In case of taking over goods at KOVAČ STAHL ČELIK d.o.o., the Customer is obliged to do so within 7 days following the notification that the goods are ready for delivery. After the expiration of the takeover period, the Customer bears the risk of loss or damage of goods stored with KOVAČ STAHL ČELIK d.o.o.
KOVAČ STAHL ČELIK d.o.o. will store goods at the Customer’s expense after the expiration of that period. The price of storage shall amount to 0.5 % of the value of the product stored per day.
Goods takeover and control
The Customer is required to inspect the goods immediately upon receipt at the address of delivery. The dispatch note must correspond to the physical condition and the Customer must perform a visual inspection of the quality of the goods produced. By signing the dispatch note, any risk of damage or loss is transferred to the Customer. The standard quality of the product made by KOVAČ STAHL ČELIK d.o.o. is considered appropriate.
Return of goods after receipt by the Customer is not possible, except under the terms of the guarantee for product defects. Returns are exceptionally allowed if both parties have agreed in writing on the possibility of such return.
Prices, payment, and commercial conditions
Costs that are not standard in the offer by KOVAČ STAHL ČELIK d.o.o. are charged according to a special price list. Unless otherwise specified, offer prices do not include delivery costs, certificates, special packaging, pallets. For orders above HRK 2,000.00, KOVAČ STAHL ČELIK d.o.o. does not calculate the cost of technical preparation in the amount of HRK 350.00. Offers are made according to EXW parity, unless stated otherwise.
The Customer may issue a comment or reject the invoice in writing no later than 5 working days from the day of receipt of the invoice. After the expiry of this period, the invoice can no longer be rejected.
KOVAČ STAHL ČELIK d.o.o. has the right to collect legal default interest on late payment. After more than 10 days of delay in payment, KOVAČ STAHL ČELIK d.o.o. has the right to unilaterally change the agreed payment deadline and suspend all further deliveries until the Customer has settled all due obligations.
KOVAČ STAHL ČELIK d.o.o. guarantee for deficiencies of goods
Upon receipt of the goods, the Customer is obliged to send a written complaint to KOVAČ STAHL ČELIK d.o.o. regarding deficiencies, and for hidden deficiencies within 10 days. If the Customer fails to do so, the Customer loses the rights included in the guarantee provided by KOVAČ STAHL ČELIK d.o.o.
KOVAČ STAHL ČELIK d.o.o. is not responsible for deficiencies arising due to customer negligence, transportation by customer, poor control, or improper use.
A customer who has a justified objection may request from KOVAČ STAHL ČELIK d.o.o. repair, improvement, replacement delivery by KOVAČ STAHL ČELIK d.o.o. in the condition and quantity in which he / she received the goods. The customer shall bear the costs and damages caused by improper storage or use.
KOVAČ STAHL ČELIK d.o.o. is not liable for any damage to the customer due to loss of production or profit. In any case, KOVAČ STAHL ČELIK d.o.o. is not liable for the amount exceeding the amount of marketed goods.
All information about a business relationship, both in writing and oral, shall be considered a business secret.
If one or more provisions of the General Terms and Conditions of Sale become invalid or unenforceable, the validity of the other provisions remains in full force and effect.
For all provisions not defined by these General Terms and Conditions of Sale, the Obligatory Relations Act (Official Gazette 35/05, 41/08, 125/11, 78/15, 29/18) and other laws and regulations of the Republic of Croatia are valid.
Any disputes that may arise between the parties shall be resolved by agreement; otherwise, the jurisdiction of the court in Zagreb is contracted.