GENERAL TERMS FOR SALE AND GOODS’ DELIVERY in BULGARIA
Signing contracts and accepting an orders
All our deliveries are implemented in relevance with the exact General terms for sale and delivery. For each change of the exact General terms for sale and delivery or additional arrangements to them, is necessary written agreement for their availability and are valid only in the peculiar case. Present General terms are applied either to written Contracts, or to Form Orders, signed and confirmed written.
Orders are placed written, via email or fax, by model of Realmet МСС Innovation Group and signed by the client or their authorized person. Prepayment by the client is accepted to confirm an order. Realmet МСС Innovation Group confirms the order and gives implementation period. The client prepays for reserved manufacture, as it follows:
- For reserved manufacture to 6 weeks: 30% (thirty percent) from the total value of the goods without VAT
- For reserved manufacture to 12 weeks: 20% (twenty percent) from the total value of the goods without VAT
- For reserved manufacture to 16 weeks: 10% (ten percent) from the total value of the goods without VAT
Prices and payment
Goods’ price is the price which is negotiated written in the Contract, Annex to the Contract or Order.
The price does not include a tax with added value of goods. The tax is calculated and outlined separately in the invoice in accordance with the applied legislation.
Goods Loading expenses are included in the price if their handing is undertaken in the stock of Realmet МСС Innovation Group, while transportation expenses and any other expenses are negotiated with the client and are separately charged.
The price is paid completely by the client before delivery and receiving Goods, unless delayed payment is arranged. Realmet МСС Innovation Group could issue proforma invoice showing price and payment method.
When payment is overdue, we are allowed to: 1) charge 8 /eight/ percent interest due for the delay on ОЛП of БНБ and demand out-of-court expenses, as well as compensation for suffered harms, or 2) to undo the contract and demand on breach of contract. On the latter, we have the right to pretend, respectively to fix a penalty the negotiated advanced payment, but not less than 25% off the sale price. Obligatory contractual penalty payment does not restrict our right to pretend for harms in rates bigger than the penalty. Payment terms start on the invoicing date. When payment terms are not kept, all our claims towards the customer become collectable since that moment. Complaints are not grounds for withholding due payments.
In case Goods’ prices are contracted in a foreign currency, invoicing is conducted according to fixing rate of the Bulgarian National Bank relevant to the exact currency during the day of delivering Goods.
Realmet МСС innovation Group notifies oral or written the Client for Goods delivery.
Goods are handed to the Client manufacturing ground of Realmet МСС Innovation Group in the town of Kyustendil 2500 Bulgaria or according to other terms, negotiated in the exact order.
Terms of delivery are compulsory to us only in case we have signed them written as compulsory. Terms of delivery start since order confirmation day and prepayment to the day of factor expedition. If expedition alert is meanwhile announced, oral, via email or fax, it is considered implementation of the delivery term.
Handing goods on the exact order is conducted with signed protocol by the parties.
The risk of damaging goods goes to the client at the moment when are handed them, an authorized person or transportation firm.
Loading in stocks of Realmet МСС Innovation Group is made by and on the account of Realmet МСС Innovation Group.
In case the Client delays receiving goods with more than 100 days after negotiated term, the contract is considered suspend b their fault. In this case, Realmet МСС Innovation Group owes the right to keep the prepayment for reserved manufacture.
Devolution of goods ownership and shifting of a risk
Goods ownership is transferred with their handing and payment completely in accordance with Contract Terms, Contract Annex, the Order, the give-and- take Protocol or the invoice.
Realmet is authorized, but not obliged to receive the immediate return delivery by the Client, which price is not paid, to undertake performance agreement against them by virtue of the contract, annex to a contract or order, to undertake measures in defense of rights and interests. By signing the exact General terms, the Client agrees Realmet to undertake actions to receive the Goods. In case of returning Goods, Realmet could reduce owing payment by the Client to the return date in compliance with their state.
Complaints and guarantees
Client is obliged to check Goods immediately for visible defects, parts’ shortage and other disparities within the Contract, Annex to the Contract or Order, to sign the give-and-take Protocol or the invoice. Complaints of visible defects , parts’ shortage and other disparities can be done in terms of three days since handing Goods.
Guarantee period is 12 months and starts since the date of give-and-take Protocol.
Guarantee includes free remedy of defects, replacement and assembling defect components, appeared during the guarantee period.
Realmet does not admit the guarantee when:
- constrictive and other changes are made
- repairing is made by unauthorized staff;
- wrong assembled goods to transportation vehicles and trailers;
- are used and exploited by unqualified workers and employees;
- are wrong assembled and led in operating mode;
- use instructions are not kept;
- are hit and overloaded;
- damaged due to natural disasters (lightings, floods and others) or other reasons out of manufacturer’s control, or circumstances beyond one’s control
Exemption from contract execution
Circumstances beyond one’s control and their consequences free us from delivery duty. Changes in client’s solvency give us the right to break the contract for sale and to request advanced payment or compensation. In that case, the customer faces the extra expenses which occur in connection with order implementation.
Returning or exchanging goods are possible only at confirmed agreement by the manufacturer.
Realmet МСС innovation Group, by their own estimation, have the right to assign a claim any of their rights and duties under the Contract, signed with the client to a third party. By signing the exact General terms, the Client gives irrevocable agreement to such assigning. The Client has not right to assign rights and duties within the contract, signed with Realmet МСС Innovation Group to a third person without written agreement by Realmet МСС innovation Group.
In case, some of members of the Contract or the present General Terms appear invalid or impractical, according to applicable legislation, that would not cause invalidity of the whole contract or of the General terms. The exact article will be interpreted according to Law and will of the sides, as well as, the purpose of the Contract.
Herewith General terms are accepted and confirmed by the personal and manager of REALMET МСС Innovation Group and remain valid since 01.09.2014. Changes and additions since 17.01. 2022 .