(1) These General terms and conditions of sale and delivery of goods (hereinafter: Terms and Conditions) make an integral segment of all contracts on sale and delivery of below goods (hereinafter: Contract) which Beton-Lučko d.o.o. Zagreb, Puškarićeva 1b (hereinafer: Beton-Lučko) enters into with its customers as part of its regular business operations.
(2) Beton-Lučko shall publish these Terms and Conditions, as well as any amendments thereto, on its web sites, and will make them available to the counterparty in any other appropriate manner.
(3) Under these Terms and Conditions Beton-Lučko acts as manufacturer and seller of concrete elements and as seller of certain goods produced by a third party connected to concrete elements, which they offer for sale, such as runners, stone pavers, decorative concrete products and so on (hereinafter: Goods).
(4) Further to these Terms and Conditions, the Buyer shall be every person whose order has been accepted by Beton-Lučko.
(1) Offers of Beton-Lučko shall not be binding for Beton-Lučko, especially as regards prices, quantities, delivery deadlines and so on, unless explicitly stated otherwise. In case of a biding offer, the Contract shall be deemed concluded on the day when the buyer accepts such an offer.
(2) Orders shall be made either in writing or orally, in which case the authorized employee of Beton-Lučko prepares a note regarding such an order.
(3) The subject of the sale and delivery of Goods to be performed by Beton-Lučko shall be defined exclusively after receipt and/or confirmation of the order by the buyer.
(4) A contract shall be considered concluded on the day when Beton-Lučko accepts and confirms the buyer's order.
(5) Beton-Lučko shall reserve the right not to accept an order based on objective and serious reasons, of which the company shall inform the buyer no later than three (3) business day from receipt of the order.
(6) All sales and deliveries of Goods shall be performed in line with these Terms and Conditions, unless otherwise agreed with a certain buyer.
(1) Prices of Goods shall be calculated according the pricelist applicable on the day of the binding offer or the day when the buyer accepts the offer of Beton-Lučko.
(2) Wholesale prices are net of VAT.
(3) Beton-Lučko shall have the authorization to changesthe prices in the pricelist in line with market conditions. The price list shall be available to customers in the usual way. Changes in the pricelist will not affect the concluded Contracts.
(4) Unless otherwise agreed, all prices are FCO Beton-Lučko warehouse, loaded.
(5) Beton-Lučko will charge the buyer only those quantities of Goods that have been delivered based on a properly signed delivery note.
(6) Beton-Lučko will also charge the buyer the pallets in the amount of HRK 100.00/piece (VAT included), and if the pallets are returned undamaged within 90 days from the delivery date, Beton-Lučko will refund the buyer for the pallets.
(7) If, due to an omission of the buyer, Beton-Lučko is unable to deliver a valid receipt for the delivered goods, the buyer shall pay to Beton-Lučko, together with the calculated price, 1% (one per cent) of the total value of delivered goods.
(1) Deadlines stated in the binding offer or offer acceptance shall be valid for all deliveries.
(2) Usual delivery deadline shall be 7-14 business days if the Goods are not in stock. If the Goods are in stock, they are usually delivered between 2 and 4 business days.
(3) If, before the Goods are taken over, the buyer for some reason decides to terminate the Contract, they shall reimburse Beton-Lučko in the amount of 10% of the ordered, undelivered Goods.
(4) Once the Goods have been delivered, the obligations of Beton-Lučko shall be deemed fulfilled.
(1) All payments of delivered Goods shall be performed in line with the manner and deadlines stipulated in the Contract.
(2) In case of delays in payment, Beton-Lučko shall charge the buyer penalty interest, unless agreed otherwise.
(3) If the delay exceeds 30 days from the due date, the buyer shall receive a dun letter and will be charged the dun letter fee in the amount of HRK 50.00 (net of VAT).
(1) Beton-Lučko reserves the right of ownership of the Goods delivered to the buyer, until the buyer has paid the contracted price for the Goods in full.
(2) In this case, the Buyer shall not be authorized to sell the relevant Goods, nor can the creditors settle their claims from the Goods.
(3) Should Beton-Lučko ask the buyer to return the delivered, non-paid Goods, the buyer shall, without delay, return the Goods to Beton-Lučko in the condition in which they received it.
(4) If the relevant Goods for some reason (except force majeure) can no longer be returned, or if the returned Goods are severely damaged; having failed to return the Goods, the buyer shall pay to Beton-Lučko the contracted penalty fee equalling 20% (twenty per cent) of the total value of delivered Goods.
(1) Beton-Lučko guarantees for the usual quality and quantity of its products.
(2) Upon request of the buyer, Beton-Lučko will deliver all required written and other evidence testifying to the quality and compliance of the delivered concrete products in line with the applicable Croatian regulations and standards.
(3) Beton-Lučko offers a 2-year guarantee for its concrete products, from the day of delivery.
(1) The buyer shall check the data from the lading bill/delivery note immediately upon receipt of the Goods. The buyer shall deliver to Beton-Lučko a written complaint for all visible deficiencies of the Goods within 24 hours from delivery, and for all hidden deficiencies within 14 days from the day of delivery.
(2) Complaints received outside of the set deadlines shall not be considered.
(3) The Goods for which the buyer lodges a complaint shall be separated (not installed), and Beton-Lučko and the buyer will mutually examine the state of the Goods and, if possible, take photos.
(1) Insignificant differences in colour between the products of the same line, as well as minor differences in structure and lime stains, shall not be a subject of complaints because these do not affect the quality of the product. Lime stains are the result of a chemical process whereby unbound lime is released and, under normal weather conditions, is washed and disappears. In line with said, Beton-Lučko recommends using elements from several different pallets. We recommend our customers to start with the paving only after the total ordered amount has been delivered. Special attention should be paid to paving of colour-mix tones, which should be done according to technical instructions.
(1) Upon request of the buyer, Beton-Lučko will approve a return, with adherence to the below conditions.
(2) Returns shall be approved for Goods in their original packaging (full unpacked pallets only). Otherwise, the Goods will not be accepted.
(3) Upon return the buyer shall submit the delivery note stating the type of product and quantities.
(4) For elements with pertaining halves in the original package (e.g. eco filling, rolotype and so on), there is no possibility of return and replacement for whole elements, as well as money refund.
(1) All disputes arising from the application or interpretation of certain provisions of these Terms and Conditions,the contracting parties shall resolve peacefully, and if this is not possible, the competent court shall be the Commercial Court in Zagreb.
These Terms and Conditions shall take effect on the day of their adoption and apply as of 01/01/2007.
In Zagreb, on 31 December 2006
Danica Jelenić, director