GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF THE COMPANY EDIT d.o.o.
1. General provisions
GENERAL TERMS AND CONDITIONS OF SALE OF THE COMPANY EDIT (hereinafter: GTC EDIT) specify the rights and obligations between the Buyer and the Seller of EDIT d.o.o., Podvrh 1, 3314 Braslovče (hereinafter: the Seller) in the purchase of all products marketed by the Seller (hereinafter the Goods). By accepting the offer, and concluding the contract, placing the order each time or in any other mutually acceptable way, the Buyer confirms that he accepts the GTC EDIT and that he fully agrees with them. GTC EDIT are an essential part of every sale, even if the Buyer does not explicitly confirm the terms. GTC EDIT apply regardless of whether the Buyer sends his general terms and conditions when placing the order. Any general terms and conditions of the Buyer or third parties do not bind the Seller, even if he does not expressly object to them. For any deviation from the listed conditions, it is necessary to obtain the written consent of the authorized person of the Seller. The Seller’s consent to the deviation of an individual condition from the GTC EDIT does not affect the validity of other provisions of the GTC EDIT. Any challenge of the sales contract, when Buyer is stating that he has not been aware of the general conditions for the sale and delivery of the Seller or due to error, is void.
2. Terms of payment, terms of delivery and deadlines, acceptance of Goods
The payment terms, delivery conditions and deadlines and acceptance of the Goods are agreed by the contracting parties in the offer, acceptance of the offer or order and confirmation of the order by the Seller. Payments received first cover the costs, then the interests and the oldest outstanding debts of the Buyer, regardless of the invoice the Buyer wishes to settle. Unless otherwise explicitly agreed between the Buyer and the Seller, the Buyer takes over the Goods from the Seller (Ex Works, Podvrh 1, 3314 Braslovče, Incoterms 2010). If a different shipment of Goods is agreed (urgent or express), the additional costs of such shipment are borne by the Buyer. The Buyer is obliged to provide everything necessary for the implementation of the agreed transport (adequacy of delivery routes to the place for unloading of Goods) and for unloading of Goods (appropriate space for unloading of Goods). Otherwise, the Seller may charge the Buyer all related costs incurred, including the costs of any additional transport (removal and re-delivery), the cost of reloading from the trailer to the truck, storage costs, etc. The Seller reserves the right to partial deliveries. Return of already purchased Goods is possible only by prior agreement with the Seller (acceptance of such Goods is at the discretion of the Seller). In this case, it is possible to return only the undamaged original packaged full range of Goods, no later than 1 month after acceptance of the Goods. Upon return of the Goods, the Buyer is charged handling costs in the amount of 20% of the purchase price of the returned products. For pallets on which the Goods are loaded, a deposit is charged according to the valid price list, if they are not returned to the Seller or are returned damaged.
3. Withdrawal from the contract due to delay in delivery of Goods
The Buyer may withdraw from the contract if the Seller is late in the delivery of the ordered Goods and the Buyer has determined in writing a suitable additional deadline for the delivery of Goods, which may not be less than 30 days. However, if the Seller is late in delivering only part of the Goods, the Buyer may withdraw from the order in accordance with the previous sentence only in the part relating to undelivered Goods. However, if the remaining Goods not yet delivered are not important for the Buyer, the Buyer may still withdraw from the entire order, taking into account the first sentence of this point of GTC. The Buyer may not withdraw from an individual order under this point of the GTC if the Seller is late with the Goods or an individual part of the Goods due to the force majeure.
The Buyer is obliged to perform a quantitative and qualitative inspection immediately after acceptance of the Goods and complain about obvious errors or defects to the Seller in writing immediately after receipt of the Goods, in such a way that he writes down the errors or deficiencies on the delivery note, he hands it over to the driver or sends a copy to the Seller by e-mail. Otherwise, the Buyer loses the right that he is entitle to under this point. The Buyer is obliged to complain immediately after the discovery of the hidden defects for which the Seller is responsible. The Buyer must describe the defect in more detail in the defect notice and invite the Seller to inspect the item. The Buyer must fill out a special form provided by the Seller. The Seller is not liable for defects that appear after three months have elapsed since the item had been delivered. The Seller is not responsible for damage to the Goods resulting from unprofessional transport (if the Buyer organizes the transport itself), handling, etc. or resulting from reasons on the part of the Buyer or third parties. In order to successfully assert claims for defects, the Buyer must submit to the Seller, inter alia, an invoice or other document which proves that he had purchased the defective Goods from the Seller. The Seller guarantees the special characteristics of the Goods only if these characteristics are agreed in writing. The Seller is liable for defects only if the Buyer fully complies with the Seller’s recommendations regarding the proper storage of products.
The Seller assumes no responsibility for the technical characteristics of the Goods and the scope of the Goods, as specified in the manufacturer’s information. Before accepting and starting to use the Goods, the Buyer is obliged to check all the technical characteristics of the Goods in catalogues, sales brochures, on the website and other published documents and to make sure that the Goods are suitable for the intended use. The Seller is not obliged to check the appropriate and legal compliance of the Buyer’s requirements.
6. Extended reservation of title
The Seller reserves the right of title over the Goods that are the subject of the order until the purchase price has been paid in full. The reservation of title is also transferred to the product created by the use of the Goods on which the Seller has retained title; and in the case of inclusion in another product, the Seller acquires co-ownership of such product. If the Buyer sells the Goods to any third party during this period, he assigns to the Seller in advance all claims he acquires from these third parties under sales or other contracts to secure the fulfillment of his obligations. The Seller accepts this claim in advance. The Buyer will immediately notify the Seller of the occurrence of these claims. From the assigned claims, the Seller can repay his claim for payment of the purchase price together with interest and costs.
The Seller is not liable for damage not caused directly to the Goods, in particular for lost profits and / or other property and non-property damage of the Buyer, such as damage to persons or objects caused by a defect in the Goods and / or delay in delivery. The Seller also does not cover the costs for stopping the Buyer’s production. The Seller is not liable for any direct or indirect damage to things, people or animals resulting from improper use of the product. The exclusion of the Seller’s liability under this point of the GTC EDIT does not apply if the Seller causes the damage intentionally or by gross negligence. To the extent that liability is excluded or limited, this also applies to the Seller’s employees, employers, agents and assistants.
8. Services / commissioning of machines
The Seller’s offers for service / commissioning of devices are for information purposes only and do not represent the exact number of hours required for repair. The calculation is made after the time actually spent.
Offers of foils, insofar as they are made in kilograms, are considered to be offers of gross weight of foil, i.e. foil and cardboard sleeve. In the case of UV-resistant foils, the Seller does not give a guarantee on the actual durability of the foil for a certain period, but a guarantee on the UV additive in the foil. The Buyer is obliged to request a statement or more detailed explanations.
The information published on the Seller’s website (technical data, photographs, texts, images, etc.) is only indicative and not legally binding, except for GTC EDIT. All information published on the Seller’s website is subject to copyright.
11. Applicable law and application of the provisions of the Code of Obligations
With regard to the contractual relationship on the purchase of Goods and GTC EDIT, the law of the Republic of Slovenia applies, in accordance with which the contractual relationship and GTC EDIT will also be interpreted. The provisions of the Code of Obligations apply to the relations between the contracting parties, which are not regulated by the concluded sales contract and GTC EDIT.
All possible disputes related to GTC EDIT and the contract will be resolved amicably by the Seller and the Buyer.
Disputes that cannot be resolved in this way will be subject to the court according to the Seller’s registered office.
13. Final Provisions
GTC EDIT can be found on the official website of the Seller. The Buyer is reminded of their content every time the Goods have been ordered delivered (on the delivery note, invoice, offer). The Seller and the Buyer may, by special written agreements in the contract, regulate individual provisions differently than defined by the GTC EDIT. The possible invalidity of an individual provision of the GTC EDIT does not affect the validity of the remaining provisions of the GTC EDIT and / or legal transactions adopted on their basis. GTC EDIT are valid for an indefinite period of time or until the entry into force of the new or amended GTC EDIT.
Braslovče, August 2020