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I.E.S. d.o.o. limited liability company for engineering with registered office in Rijeka, Bok 23A, registered in Commercial Court in Rijeka under Company Registration Number (MBS) 040379110, OIB 22090713431 (hereinafter referred to as “Supplier”).
These Terms and Conditions applies to all business relations and especially on product sale and providing services from frame objects of his own registered performance activities.
These Terms and Conditions are mandatory part of the contract that Customer that buys any product and service concludes with the Supplier.
By placing an order for a product or service from the Supplier, Customer thereby gives consent that these Terms and Conditions will be applied between those two parties.
If Customer has already been used services from Supplier it is considered that he is familiar with these Terms and Conditions, hence that he agrees on their application and for any further business relations into which enters into with the Supplier including the cases in which the text these Terms and Conditions is not especially delivered.
When Supplier with Customer concludes special contract in writing form these Terms and Conditions will be its integral part and they will apply to all point not differently specified by this special contract. If there is no special contract between Supplier and Customer, only and exclusively these Terms and Conditions will be applied on contractual relationship.
If the context does not require it differently, terms and expressions in these Terms and Conditions have the following meaning:
The offer is binding for the Supplier if contains unequivocally certain type Products by quantity, price, payment conditions and delivery terms of goods but obliges Supplier only if it is accepted in its full form.
Incoterms 2010 are used to indicate the delivery method.
If informative delivery terms are specified in the Offer, the actual delivery terms will be specified on the order confirmation.
The validity period of the offer is 30 days from the date specified in the Offer, unless otherwise stated in the offer itself or if the parties have agreed otherwise in writing.
Supplier has web page which show goods and services from Supplier’s portfolio which importance is only as advertising material, and shown prices are informative and they do not bind Supplier. Selection of desired products, their placement “in the cart” and filling contact information is only request for offer to the Supplier and are not considered as orders. Based on that request Supplier sends an offer to the Customer which is considered accepted only when the Customer gives a declaration of offer acceptance or after advance payment of the price defined in the Offer.
The Customer’s order shall be considered:
The order must contain correct Customer data and Product recipient as payment obliger if different from Customer, name and quantity of requested Products, delivery and payment method, requested insurance payments and other conditions stated in the Offer, respectively the Contract necessary for Supplier to execute the Orders.
All further agreements, changes and additions to the Order are valid only if confirmed in writing by the Supplier.
The Supplier will confirm all Orders, changes and additions to the Order to the Customer with an order confirmation (hereinafter “Order Confirmation”). The Supplier reserves the right not to accept the customer’s order only for objective and serious reasons, and will inform the Customer about this within 3 (three) working days counting from the day of receipt of the order at the latest.
Cancellation of the Order by the Customer must be done in writing by a person authorized to represent the Customer.
If the Customer unilaterally cancels the Order that the Supplier has confirmed in writing, he is obliged to pay all incurred costs related to the Order in question within eight working days from the date of receipt of the Supplier’s invoice.
The Supplier will accept and execute the new Order of the Customer on the condition that the Customer has settled all previous invoices from the Supplier whose due date has passed and any other due financial obligations.
The Product delivery date is specified in the Order Confirmation.
Partial deliveries are possible.
The Customer is obliged to immediately upon receipt of the goods from the carrier and to the Supplier, report all defects that occurred during the transport (within 24 hours of receiving the shipment).
Costs delivery will be calculated according to carrier price list agreed depending on the delivery location and will be indicated in the offer.
Deadlines deliveries depend on the delivery from Supplier’s suppliers and so it was designated to the Customer in the offers.
If the Customer before Product delivery for any reason gives up from the Contract that he accepted and confirmed by purchase order, and not this was not done in written within 24 hours of confirmation orders, Supplier has the right to charge the Customer overall value orders .
Product delivery will be proved by signed delivery note from the Customer or freight forwarder and by that Supplier’s obligation is considered executed. Supplier will undertake all necessary measures in order to comply to contracted delivery deadlines.
The approximate delivery dates for each supplier are listed on the offer, but deviations are possible if the equipment manufacturer changes the delivery dates due to force majeure or other circumstances.
We deliver the approximate delivery time after confirmation of the principal’s order, as deviations are possible for individual products or situations that the Supplier could not influence.
If there is no significant deviation from the delivery date, then no additional notifications are sent.
Delivery times are stated in the form of working days.
If the delivery would not be possible due to force majeure or other extraordinary external events, such as interruption or stoppage of transport or other force majeure, which the Supplier could not prevent, avoid or remove, the Supplier is not obliged to fulfill the assumed obligation and also has the right to terminate the Contract, without paying additional fees and/or costs incurred by the Customer in this regard. In both cases, the Supplier is obliged to return without delay the possibly paid advance on behalf of such delivery of the Product or Service. All possible further claims in the mentioned cases are completely excluded.
If due to reasons on the part of the Customer there is a delay in delivery, the Supplier is authorized to organize the preservation and storage of the goods at the expense and risk of the Customer. In the case of the specified delay or in the event that delivery would not be possible due to reasons on the part of the Customer, the Supplier is not obliged to fulfill the assumed obligation and also has the right to terminate the Contract or automatically send the Product to the Customer within 72 hours at the expense of the Customer
Prices are expressed in euros (EUR), Value Added Tax (VAT) is marked separately on the order. Prices for the foreign market are expressed in euros (EUR).
The price of the Product is calculated according to the price list valid on the day of the offer or the written acceptance of the Customer’s order by the Supplier. The validity of the offer is 1 working day, unless otherwise stated.
The Supplier is authorized to change prices in accordance with market conditions. The Supplier reserves the right to change prices due to price increases or decreases by its suppliers, changes in the law or changes in the exchange rate, changes in the prices of raw materials or other justified reasons.
Unless otherwise agreed, all prices are expressed FCO warehouse of the Supplier.
The customer will be billed only for the actual delivered quantities of the Product based on the duly signed delivery note.
As a rule, payment for the Product is in advance, unless otherwise agreed. For public tenders or certain projects, payment is according to the contract with the Customer.
The payment due date will be indicated on the Offer or Order Confirmation. In the event that the due date of payment is not specified on the Offer or Order Confirmation, the Customer will be obliged to pay for the ordered Product in full before the day of delivery.
It will be considered that the Customer has fulfilled his obligation to pay for the Product at the moment when the Supplier receives the funds on his business account.
The Customer undertakes to notify the Supplier in writing after payment or payment insurance. In the event that the Supplier does not receive this notification, it will be considered that the Customer fulfills its obligations in the order of due debts.
In case of delay in payment, the Supplier has the right to calculate in addition to the principal amount and default interest prescribed by law.
If the Customer does not pay his obligations within the agreed term, the Supplier has the right to immediately stop the delivery of the product to the Customer until the due obligations are settled.
The Supplier will issue an invoice to the Customer within eight days from the day of delivery of the Product, unless otherwise expressly agreed between the contracting parties.
In the case of orders that include several elements, the Supplier has the right to issue an invoice after the delivery of each individual element or service. For such partial accounts, the payment terms agreed upon for the entire Contract apply analogously.
Adherence to the agreed payment terms is an essential condition for delivery, i.e., fulfillment of the Contract by the Supplier.
The Supplier has the right to demand from the Customer compensation for damages caused by late payment. In the event of a delay, the Customer is obliged to bear all the costs incurred as a result, in particular to pay the costs of the notice and other necessary actions taken by the lawyer representing the Supplier.
Price changes are allowed if a period of more than 30 days elapses between the conclusion of the Contract and the delivery date, due to reasons on the part of the Customer. Then the price valid on the day of delivery has to be applied. Before the late delivery, and under the condition that there has been a change in the agreed price, the Supplier will communicate the changed price to the Customer and request confirmation of the changed price and the final delivery of the goods and/or services.
Supplier guarantees that the Product delivered to the Customer has none shortcomings and that it is correct and suitable for use in accordance with his purpose and instructions for use.
If during Product takeover the Customer detects damage, he is obliged within two (2) days of taking over to contact Supplier and keep packaging until the complaint is fully resolved. Otherwise, complaints will not be accepted. Written consent by Supplier is precondition to return damaged goods.
Except if in these General conditions it is not otherwise stated, the Supplier will not consider responsible for the damage caused by circumstances beyond controls Supplier. The Supplier does not accept responsibility in the case of negligence or intentional act. The Supplier responsibility cannot be higher than values of delivered Products or provided Services.
Warranty duration depends on the particular Products, and there will be indicated in the offer.
Warranty period starts to run from the day when the Customer took over Product. Warranty right the customer proves by submitting invoice of that particular Product.
Product, Product part repair or its substitution if repair is not possible, will be considered as fulfilled Supplier obligations from Product warranty claim.
The customer executes their own rights from Product warranty by fulfilling and submitting the complaint form in written to the Supplier.
The Customer will be obliged based on the Supplier instruction (i) to deliver faulty product to the Supplier for failure examinations, that is for purpose of determination whether the Customer fulfills conditions from warranty and (ii) prove that the failure occurred within warranty period.
The customer will not be able to execute warranty rights in case of :
The Supplier will provide all spare parts during the warranty period.
In the case of accepting a complaint within the warranty period and if the Product is installed in a place other than the place where the Product is sold by the Supplier to the Customer, the Supplier will not bear the costs of transportation and work necessary to eliminate the defect or deficiency.
Exceptionally, in cases where, due to the exposure and dimensions of the Product, disassembly by the Customer is not possible, the Supplier will, at his own expense, fulfill warranty obligations at the location of failure in the territory of the Republic of Croatia. In the event that the Supplier, i.e., the Supplier’s authorized service, determines that the Customer does not meet the conditions for exercising the warranty right and the Supplier has started work on eliminating the defect, the Supplier has the right to compensation for the repair costs that the Customer is obliged to cover.
The replacement deadline is different for each supplier, but no later than 60 days from the official letter from the Customer. In the event that the damage to the product is the fault of the Customer, the Supplier has the right to issue an invoice for the incurred costs of the complaint (sending the goods for detection, the cost of detecting the defect, returning the goods, transport costs and manipulative administration costs…) in accordance with the commercial conditions and hourly rates of the Supplier’s company.
In case equipment loans for the purpose testing device functionality, Supplier, if has wanted Product on stock, can approve loan up to 30 days. If the Customer does not return equipment in the provided deadline, Supplier have right to issue the invoice according to valid commercial conditions. If the Customer returns goods on loan within a period of 30 days but in defective or damaged state or without the original packaging and accompanying parts (mounting sets, connectors…) Supplier has right to issue the invoice according to valid commercial conditions. All shipping expenses in the case of loans bears Customer .
Confidential information (hereinafter to the text Confidential information ) are Suppliers business data, “know-how”, data about the business methods, contracts, business deals, business letters and correspondence, e-mail messages, business plans, customer data, marketing plans and strategies, sales and financial reports, technical information including methods, processes, formulas, systems , inventions, computer programs, such as and either which others information or documents with which the Customer met or with whom he came into contact, either directly or indirectly, for the whole time duration of the contract.
The customer undertakes to keep secret and that it will not happen without the previous written approvals from Supplier to disclose or do available to the third persons Offers, Contract as any Confidential information content, except in case of necessity on basis of legal regulations, requirements of government institutions or Customer legal rights.
Force Majeure indicates occurrence of such events or circumstances not existing in the moment of concluding Contract with the Customer, which could not be predicted and that occurred without Supplier will or influence which caused impossibility to fulfill part or all Supplier’s obligation from of the contract.
Under the term Force Majeure, that is circumstances for which it is not justified and reasonably expect to be under Supplier’s control or influence implies natural disasters (including fire, earthquake, storm or flood), state act or act some of other authorized institution, explosion, accident, electrical grid failure, significant political and social riots, significant political and economic circumstances like rebellion, terrorist act or declared and undeclared war, strike, collective working disputes, disappearance or lack of electricity, fuel or what kind others source if energy and / or essential material and / or parts and / or ingredients.
Supplier won’t be liable for damages in case of delays in fulfillment of their own obligation from the Contract, that is, in case of his Contract violation, if those delays or violations obligation are caused by events or existing circumstances considered to be Force Majeur.
In case the Supplier is unable fulfill some from taken obligation from of the Contract due to the Force Majeure, he is obliged without delay to inform Customer about the event or the cause stating details and theirs expected duration. In that case the Supplier is obliged to undisputable prove Force Majeure existence using valid documents or others evidence in case that the subject event, cause or circumstance are not obvious and general known or they can’t be considered as obvious to the other contractual side.
Deadlines within of which the Supplier had to fulfill his own not executed obligations will be extended proportional to duration of events, causes or circumstances of Force Majeure including time needed for removal of their repercussions, provided that their elimination is a precondition for execution of Supplier’s obligations.
In case of Force Majeure and accompanying impossibility of obligation fulfillment from of the Contract lasts longer than one month, Supplier and the Customer will review expediency of further Contract applications and its validity according to established content. If Supplier and Customer in the following one-month period fail to achieve agreement on the future content of the Contract and its further application, according to the new circumstances, contracting party not damaged by Force Majeure, but due to its existence suffers non-fulfilment obligation from the Contract, retains right to terminate the Contract by delivering written notification to other contracting party.
Supplier takes Customer employees personal data with only purpose of communications to the Customer and treat them in accordance with the applicable Privacy Policy.
Supplier informs Customer about news in the goods and service offer by delivering notifications (newsletters) at e-mail address shared by the Customer for communication purposes.
Persons or legal entities, which apply themselves for newsletter delivery or other commercial announcements from Supplier, give their consent for processing data by filling data in the provided form and by providing their personal data to the Supplier.
Supplier and the Customer will try to solve all disputed situations (potential disputes) in good faith and by mutual agreement.
In case of unresolvable dispute, the court’s jurisdiction will be court in Rijeka, even in case when the party is headquartered outside of Republic of Croatia or its residence is unknown to the court in the moment of procedure beginning.
The Supplier reserves right to change and/or supplement these Terms and Conditions at any time.
The Supplier will publish the Terms and Conditions as well as all subsequent changes and amendments on his website www.ies.hr.
If any regulations of these Terms and Conditions proves to be illegal or unenforceable, the other regulations of the Terms and Conditions will remain in full force. If any regulation of these Terms and Conditions is declared invalid, such invalid regulation will be immediately replaced by a new regulation which will be of valid form and content and which, in a legally valid manner, will try to achieve, to the extent and to which it is possible, the purpose and intent of void regulation.
These Terms and Conditions have been published and come into force on May 15th 2023.
Sasa Šupica, director