I. Scope of validity
- The following terms and conditions are in force for all supplies and services performed by MAKOTER d.o.o. as a vendor. Co-contracting party by signing the contract or with the reception of terms and conditions, not to disagree with the terms and conditions, in case that the written contract hasn’t been concluded with the adoption of the goods or services, not to disagree with them (execution of the contract), also recognizes them for the potential further business between the parties .
- Deviation from these terms conditions, as well as from the specific conditions or other similar documents is only possible if the deviation is recognized by the signature of the vendor.
II. Offer and acceptance of the offer; interpretation of the contract
- If it is not otherwise specified, the offer is valid for 14 days.
- Offer is non-binding, unless specified.
- Contract is considered accepted and binding when it is confirmed by the signature of the vendor and the client.
- Any modification, amendment or cancellation of the contract is possible only if this is confirmed by the signature of the vendor and the client.
- The client has to order goods from vendor in written. The order has to include all elements which are specified in the offer and other conditions, which the vendor requires for correct and undisturbed execution.
- Client’s order is accepted at the moment when the vendor confirms it in writing. Any further discussion between the vendor and the client (by telephone, fax, e-mail or oral agreements) as well as the subsequent amendment of these agreements are valid only if confirmed in writing by the vendor.
- If the client, after the vendor confirmed the order in writing, unilaterally withdraws from the order, he must meet all costs incurred in connection with the order.
IV. Confirmation of the order
- The vendor confirms the order to the client not later than 3 working days from the day of acceptance of the order. If the client does not require changes or withdraws from the order within 3 days of receipt of written confirmation of the order from the vendor, it is considered that he agrees with the terms of the order confirmation.
- All prices are, if not stated differently, in EUR and with no VAT included. They are o nly valid for the items specifically quoted. The cost of printing and preparation of printing blocks as well as any additional costs shall be charged to the client separately.
- Prices in the offers and in price lists are informative and are not binding, except when they are confirmed by the signature of the vendor and the client.
- Company Makoter d.o.o. reserves the right to increase the selling price in the event of sudden price increases of raw materials, transport costs, exchange rates and other charges in the case of confirmed sales prices in the same proportion as the costs have increased.
VI. Industrial property and copyrights
- All schemes and objects that were manufactured by the manufacturer or for the manufacturer remain the property of the manufacturer, also in the case if the client has paid the costs of producing them. The buyer has the right to require the printing blocks, and templates (computer prints, chromalins….).
- In the event that the copyrights or industrial property have been violated as a result of the sent information from the client’s part, the client accepts full responsibility and any potential requirements from this title to himself.
VII. Ownership right
- The vendor reserves ownership right of the goods handed over until the time, when the client does not pay the purchase price in full.
- For distribution of transport costs and the crossing of risk, the last version of INCOTERMS conditions on the day of goods dispatch is in force.
- Agreed delivery period shall begin on the date when the vendor sends to client written confirmation of the order, provided that the client has pre-fulfilled all his obligations, in particular he must provide all necessary information to vendor, which the vendor requires for the production.
- The vendor will endeavour to deliver goods within the agreed delivery date. Provided there are any further clarifications or amendment in respect of the contract or the supply needed, delivery period shall begin when the vendor receives and confirms clarified or updated information.
- Delivery time shall be deemed to be satisfied if the vendor dispatches the goods on the last day of the agreed delivery date.
- In the case of force majeure such as natural disasters, disruption of production, strikes, lockouts, and shortages of goods or raw materials at the manufacturer’s supplier, the vendor is exempt from the agreed delivery date. In such cases, the client is not entitled to a refund of possible incurred costs.
- The compensation for potential costs incurred is possible in the event of intent or gross negligence.
- The client cannot withdraw from the contract before the end of delivery date.
- The vendor is responsible for proper packaging of goods, as is usual for this sector.
- The price of the packaging depends on the weight and volume of packaging that is used for packing goods. As far as not otherwise specified, the price of the pack is included in the price of products.
- A special way of packaging is separately charged to the client.
- With films, the client pays the bill of gross weight of the reel (core + film). If the client demands to pay the bill of actual amount of film, the cores are charged separately.
X. Deviations in weight or in quantity
- Due to the nature of production, the vendor reserves the right to deviations in the sold quantity or weight of the goods.
- Upto 300 kg or 15.000 pieces the deviation including ± 30 % is allowed.
- Between 300 kg and 600 kg or between 15.000 pieces and 30.000 pieces the deviation including ±20 % is allowed.
- Above 600 kg or above 30.000 pieces the deviation including ±10 % is allowed.
- If the quantity delivered deviates from the ordered quantity within the above limit, it is considered that the goods are delivered in appropriate quantity and are also charged at the actual quantity shipped.
XI. Deviations in length or width
- Due to the nature of production, the vendor reserves the right to deviations in the length and width of products including up to ± 4%.
- Where the vendor and the client have separately signed acquiring technical terms, the exemptions which are listed in the technical delivery conditions are in force.
- If the delivered goods deviates from the ordered in above stated limits, it is considered that the goods are delivered in the appropriate dimension.
XII. Variations in the thickness of products
- Due to the nature of production, the vendor reserves the right to deviations in the thickness of the products.
- Up to a thickness of 35 microns the tolerance of thickness allowed is up to ± 8%.
- Above the thickness of 35 microns the tolerance of thickness allowed is up to ± 5 %.
- If the delivered goods deviates from the ordered in above stated limits, it is considered that the goods are delivered in the appropriate thickness.
XIII. Deviations in printing
- Due to the nature of production, the vendor reserves the right to deviations in the colour of the product up to and including the Delta 4 (measured with a device SpectroDens) of the certified sample or chromalin.
- The client has the right to be present at the printing stage and confirm the print.
- If the delivered printing deviates from the ordered in above stated limits, it is considered that the goods are delivered appropriately.
- The vendor uses colours that are alcohol based and are normal for flexoprint. The client, who would like the colours with special specifications, such as light persistent, matt, fluorescent colours, or colours resistant to mechanical damages, must clearly indicate such specifications already at the inquiry.
- The vendor is not liable for claims arising as a result of errors in the data, printing templates or blocks sent by the client.
- In the event that on the product an EAN-code is printed, it should it be pointing in the direction of the printing, because this is the only way to ensure that its readability is going to be at least in the C range (measured by the device Quick Check).
- The vendor reserves the right to displace the printing – coverage of front and rear side – in the final product up to ± 5 mm.
XIV. Storage and shelf life
- Products supplied by the vendor to the client should be stored in a dry place with the temperature in the range of 15-25°C and air humidity up to max. 65%. Products shouldn’t be exposed to direct influence of sunlight, water, snow…
- Providing that above storage conditions are met a shelf life of 12 months is guaranteed by the vendor.
- Prior to any after-treatment (sealing, shrinking, stretching, machine packaging…) the products need to be stored at room temperature for at least 24 hours.
- At the takeover of the goods the client is obliged to check the quantity and quality of goods supplied and confirm the receipt of goods by the signature. Providing the goods deviates from the ordered one by more than stated in the above limits, the customer is obliged to claim the goods in writing within 8 days of reception.
- The purchaser can claim the items with hidden defects within 6 months from the date of delivery of goods on the basis of commission minutes.
- For technical reasons of serial manufacturing the share up to and including 3% of the total quantity of goods cannot be claimed, regardless of whether the defects occur in the material, print or make.
- The vendor issues the client for the unquestionably justified claimed goods a credit within 8 days after receipt of claimed goods back to the vendor’s warehouse.
- The invoice is settled, when the bank informs the vendor that the money has been transferred or when the client sends a swift confirmation of payment.
- If the client fails to pay its obligations within the stipulated period, the vendor may stop delivery of goods until full settlement of obligations from the client’s side.
- Any eventual costs of exaction are paid by the client.
XVII. Dispute resolution
- Parties resolve their disputes by agreement, but if not possible, the District Court in Murska Sobota is competent.