GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF PRODUCTS PC-NETCOM
General terms and conditions for the sale and delivery of any products PC-NETCOM Ltd. provided in this document (?General Conditions?) are integral and essential requirement of sale contracts concluded by PC-NETCOM Ltd. (?Seller?) in connection with the sale and delivery of its products and other related services (including without limitation transportation services), whether the buyer (or potential buyer, as appropriate) is a person or entity (?Buyer?).
For the sale and delivery of any of Seller's products and provision of other related services by Seller to Buyer (separately, ?Part? and collectively, ?Party?) Observe the following general.
1. Contracts of sale on demand
1(1) Seller may deliver the goods and provide services for (?Marfa?) a result of a written (?Commands?) the Buyer. In this case, unless otherwise expressly accepted in writing by Seller, Buyer will pay the value of the goods at the latest the reception.
1(2) Seller will provide Buyer written commercial offer on its products (hereinafter ?PRICING?), offer to the Seller shall attach General Conditions. Based on the Offer and the terms and conditions, Buyer, while stocks last, may purchase Goods on the basis of written orders that will specify Goods, Commodity price and quantity and date of delivery.
1(3) If the buyer wants to purchase Goods in different conditions Offer and / or the General Conditions, Order will specify expressly waive those conditions that, modification, replace or supplement the terms of the offer and / or General Conditions, on which Buyer intends to purchase Goods (hereinafter ?Special Order?). Seller will accept or not, in whole or in part, a special order, by incunostiintarea Buyer in this respect either directly or through delivery of goods under the Offer, General Conditions and Special Order issued by Buyer.
1(4) Formulating an order worth Buyer Offer unconditional acceptance of these General Terms and, except in the case of Special Orders, when the acceptance is made in special conditions proposed by Buyer, and acceptance by Seller of orders (including special orders), even given the Buyer, worth contract and the Seller may make delivery validly requested.
1(5) Order terms and conditions (including special orders of) are subordinated Offering and General Conditions. In case of doubt, vagueness, misunderstanding, no, general confusion in case of difficulty in the interpretation of commands (including special orders), provisions will prevail Offering and / or the General Conditions.
1(6) In the absence of express provisions in the Offer, the validity of an offer is 72 hours from the time of transmission. The Commands (including Special Order) of which Seller becomes aware after expiration offer is not valid except with the express written consent of Seller.
2.Contracte of vanzare-cumparare Fer to me
2(1) The buyer may require the seller to sign a binding contract (?Contract Firm?), under conditions negotiated with the Seller and in accordance with the General Conditions. At the request of Buyer, Seller shall submit to Buyer signing a binding contract resulting from negotiations. Seller is not in any way obliged to conclude any binding contracts.
2(2) Ensure a firm contract requires the seller to make delivery in amounts and terms set forth in binding contract or whenever buyer request, subject to available funds in stock, and Buyer's obligation to purchase a minimum quantity of Goods specified in the Contract Firm, at a fixed price and can not be altered by the Seller or Buyer unilaterally.
2(3) To conclude a binding contract, Buyer issues a promissory note for the benefit of Seller, in order to guarantee the contracted purchase goods and any other obligations of Buyer's execution. During the contract Firm, Buyer Seller may request up to any other warranties in order to guarantee the performance of its obligations. Neemiterea, improper issuance of promissory notes and / or refusal of the buyer to be exactly the guarantees required by the Seller shall entitle the Seller to terminate the Contract Firm, penalty withholding any amounts available to you.
2(4) In addition to any other remedies, If Buyer fails to accept delivery and contracting and / or pay for the goods the Seller may enter bank promissory note.
2(5) To be valid, Orders and contracts will contain Farms Buyer statement in terms of the acknowledgment and acceptance of these General Conditions without reservation or objection to their.
3(1) Delivery is the seller's premises deposits, indicated in writing by Seller in its Offer or Contract Firm. All other delivery conditions require the express and written consent of Seller.
3(2) Any costs of freight from seller to the destination deposits established by the Buyer shall be borne by the Buyer.
3(3) Delivery by Seller of freight services may be the subject of a separate contract.
3(4) For lifting goods, Buyer shall submit to Seller a representative mandate accepted by Seller.
3(5) Delivery of goods is made either directly through its teaching Buyer, be the first carrier, if so agree. If the goods are taken over by a third party providing the transport to Buyer, that third party will submit a completed form correctly and stamped with Buyer ? ?Lifting delegation catalog?. Seller shall not be liable for any damages resulting from improper filling of the form.
3(6) If the goods are delivered with transport provided by Seller, Buyer shall determine the place of discharge so that Goods can be downloaded without any hindrance or delay. In caz counterrevolutionary, carrier engaged by the Seller shall be entitled (i) to require additional costs stationary value and / or (ii) not deliver Goods. In any case, Seller may require Buyer to pay damages related to transport and.
3(7) Seller shall have the right to choose the place of loading according to its technical and logistical.
3(8) Goods will be accompanied by the documents set out in legislation.
3(9) Date specified by Buyer in the Order as desired delivery date can not be later than 10 (ten) calendar days after the date of Orders; Seller may make delivery within a maximum 14 (fourteen) working days of receipt of Order.
4. Commodity price
4(1) Commodity price is mentioned in the offer or Contract Firm, as appropriate, and settles in EUR. Seller may grant reductions in the price of goods. Conditions to be granted will be mentioned expressly in writing by Seller and Buyer press.
4(2) Seller can index prices or discounts granted as a result of inflation. In all cases, except firm contracts, Seller may change prices at any time at its sole option. Prices from an offer is valid only on the duration of the respective Offer.
4(3) Prices are free from taxes, e.g., VAT, transportation fee etc.. Any tax or additional tax imposed Seller during the development of trade relations with its buyer will be invoiced, and Buyer shall pay the invoice later than 3 (three) working days of receipt.
5(1) And payment terms are provided in these General Conditions.
5(2) Except in those situations where stated otherwise, payment is made in RON equivalent according to the exchange rate of the date of payment, in terms of the 10 (ten) calendar days from the date of delivery of the goods, bank account indicated by the Seller to bill.
5(3) Buyer, in certain circumstances at the discretion of Seller, may receive a credit limit (value) from Seller. The credit limit should be used by the buyer to secure a minimum stock of Seller's products, immediately so they can meet customer orders (or part of their The orders if the order exceeds the existing stock).
If buyer receive the credit limit and the seller wants to buy products over the credit limit approved, The buyer is obliged to pay the entire advance value products exceeding the credit limit. If a grant payment terms and credit limits of a, Seller may require Buyer establishment of appropriate safeguards.
5(4) Payment date shall be deemed the date on which amounts enter the bank account of the Seller. If payment of the purchase price or any other sum of money payable by Buyer not available at the time stipulated, Buyer will pay Seller a late penalty 1% calculated on the amount unpaid, for each day of delay, amount of penalties being able to exceed the amount which is calculated.
5(5) If Buyer fails to perform on time and in full any contractual obligations (i.e., PRICING, Orders, Firm contracts, General Conditions, as appropriate), Seller may, in its sole discretion, separately or cumulatively, cumulative with any other remedy measures provided by law or these General Conditions:
– Buyer request payment before receipt of the goods by the Buyer and / or advance payment for deliveries that are made;
–sa micsoreze UAS sa anuleze, retroactively, discounts the price of the commodity or transportation costs;
– suspend deliveries for an indefinite period of time;
–sa declare raportul contractual reziliat printr-o simple notificare scrisa cu efect imediat, without further formality judicial and.
6. Pack. Labelling
6(1) Goods are delivered in specific packages. Type of packaging can be specified in the Offer.
6(2) Quantity or weight of goods delivered is specified in the invoice accompanying goods and. Cargo weight may be given on the packaging.
6(3) Seller shall be relieved of any obligation or liability on the packaging or labeling of goods, and Buyer agrees to dezdauneze the Seller against any liability in this respect.
7. Means of conveyance
7(1) In cases where the seller accept delivery other than on the premises or warehouses, transport are stipulated in the Special Conditions. If the Buyer transportation are inadequate, The seller may refuse delivery of goods. If transported by public transportation Buyer, Seller may request a list of registration numbers of vehicles approved by Buyer for access to points of loading.
8(1) Goods supplied by Seller Buyer will comply with stipulated quality parameters on delivery documents.
Conformity of the goods with quality parameters will be verified by the Buyer at the time of each delivery.
8(2) Lack of reference on the invoice accompanying the merchandise quality will mean that buyer check the goods quality and compliance parameters as per packaging goods.
9(1) Buyer may make complaints about quality or quantity within 10 (ten) days from the date of delivery of the goods.
9(2) Not received by Seller within the time above any complaints operates a total and permanent forfeiture of Buyer's right to do raise complaints or objections to the Goods delivered.
10.Transfer of ownership and risk
10(1) The Parties recognize that risk transfer takes place upon delivery of the goods, that the delivery of goods to the Buyer or the carrier agreed to by the Parties. Delivery is based on quantitative reception, performed at the Seller.
10(2) The Parties recognize that the transfer of ownership of the goods takes place on full payment of the full value of the goods and performance of Buyer's obligations.
10(3) If Seller organizes transport goods with their own, Buyer accepts the risk of cargo damage.
If possible claims against the carrier, Buyer must ensure the presence of a neutral person agreed by Seller to confirm the existence of poor condition of cargo discharged before performing.
10(4) Seller is not liable for damages incurred by Buyer as a result of manipulation, improper storage or use of the goods.
11. Prevederi general
11(1) By submitting an order or signing a binding contract, Buyer represents and agrees as follows:
11(1)(i) legally established and has the capacity to contract according to these General Conditions and the provisions of Order and / or Contract Firm.
11(1)(ii) Signatory and / or issued the Order and / or Contract Firm is fully authorized to do so and has full capacity to do.
11(1)(iii) by issuing an order or signing a binding contract, Buyer does not violate any legal or statutory provision.
11(1)(iv) Buyer shall keep confidential all information disclosed by Seller and shall use such information only in order to comply with its contractual obligations.
11(2) Any communication between the parties will be made by email, fax or letter with acknowledgment of receipt to the address indicated by the Seller and Buyer in that Order or Contract Offer and Firm, as appropriate, or any other address notified by the other party at least 5 (five) days before a valid communication.
11(3) These General Conditions may not be modified or amended except by signed writing by Seller.
11(4) Each Party shall indemnify the other for any liabilities, loss or damage incurred as a result of failure to, inadequate or delayed fulfillment of any obligation that lies under their contractual relationships.
11(5) If any provision of the contract that binds the parties is or becomes unenforceable or otherwise contrary to law, that provision will be removed and validity, legality and enforceability of the remaining provisions will not in any way affected or aggrieved by this.
11(6) Parties shall minimize the possible damage, losses and risks that may result from the execution of activities related to contractual provisions that bind them or use goods.
11(7) Total or partial assignment of contractual provisions between the parties will be performed only on data prior approval in writing of the Parties. Seller shall be entitled to assign a binding contract on any related parties written notice sent to the other Party.
11(8) Each Party agrees to treat as confidential all information relating to their commercial relations and the other Party.
11(9) In the event of an unforeseen or unavoidable, independent of Vointa Partilor, that delay or prevent, total or partial fulfillment of the corresponding obligations of the parties, it is considered force majeure and exonerates the party invoking it, provided that the other party is duly notified, according to this document. Force majeure includes but is not limited to war, embargo, earthquakes and other natural disasters like. If you declare the force majeure shall notify the other Party in writing within seven (7) calendar days from the date of occurrence of the force majeure. If a force majeure prevents the execution of duties for a period exceeding 30 calendar days of notification, contractual obligations (including a binding contract) will stop automatically.
11(10) Contractual relations between the parties are governed and interpreted under the general conditions herein and in accordance with Romanian legislation.
11(11) Any dispute that can not be resolved amicably, including any ancillary claims of any party, arising out of or in connection with the negotiation, end, execution or termination of the contract will be submitted to the competent court settlement from Romania at the Seller.
These General Conditions may be modified at any time by the Seller under the law in force.
In case of inconsistencies between the General Terms and Conditions Offer, provisions will prevail Offer.