1. DEFINITIONS AND SCOPE

 

1.1. The term "Seller" means the company FEAL doo Široki Brijeg, with its registered office at Trnska cesta 146, Široki Brijeg, Bosnia and Herzegovina, as well as its affiliated companies (hereinafter referred to as: "Seller")

1.2. The term "Customer" markhevery legal and physicalhto the person who concludedhand sales contract with the Seller, who submits an offer for closinghthe conclusion of the contractual relationship, participates in negotiations with the Seller or inhdoes any other act that can reasonably be considered to be inhmade with the aim of concludinghchanges in the sales relationship (further on in the text: "Bather").

1.3. These general terms and conditions of sale apply exclusively to business relations between the Seller and the Buyer arising from the purchase and sale of goods from the Seller's production or other assortment. The Seller does not agree to any other terms or rules governing the relations between the aforementioned parties, unless expressly agreed otherwise through the Seller's written consent. The Buyer accepts these terms and conditions by concluding a contractual relationship with the Seller or by actions that are to be considered binding for either party in terms of the provisions of these Terms and Conditions or the legal regulations of the relevant law. These Terms and conditions, as well as the business relations between the Seller and the Buyer, are subject to the applicable regulations of Bosnia and Herzegovina.

 

2. CONCLUSION OF CONTRACTUAL RELATIONSHIP

 

2.1. Offers made by the Seller are considered non-binding, unless otherwise stated.

2.2. Customer orders are to be considered as binding offers for the conclusion of a contractual relationship on the part of the customer. A contractual relationship is established by concluding a contract in written form, confirming an order or delivering goods.

2.3. Information about goods and products contained or shown in samples and/or marketing materials and/or brochures is for informational purposes only and does not constitute an obligation of any kind on the part of the Seller, unless expressly stated otherwise.

2.4. All documents, calculations, designs, price lists, certificates and other documentation that was delivered to the Buyer for the purpose of creating the order remain the intellectual property of the Seller, who has exclusive copyright on them. The aforementioned documents may not be delivered to third parties by the Buyer, unless the Seller has express written consent for this.

2.5. All electronic communication between the Seller and the Buyer shall be considered as "written communication".

 

3. ORDER

 

3.1. The order is considered accepted upon written confirmation by the Seller or upon delivery of the goods and other actions by the Seller, if this results from the circumstances of the business relationship and the previous relationship between the Seller and the Buyer.

3.2. The Buyer is obliged to check the details contained in the offer or order confirmation and inform the Seller of any changes within 48 hours of receiving the offer or order confirmation. Any changes sent by the Buyer must be confirmed by the Seller.

3.3. The Seller reserves the right to make changes to the products after the order has been confirmed, provided that the changes do not constitute a material breach of the order or significant elements of the product specification. The Buyer will accept any changes provided that they are not unreasonable or to the detriment of the Buyer.

 

4. PRICE AND PAYMENT METHOD

 

4.1. Unless otherwise agreed, the terms of delivery and payment shall be Ex Work, i.e. ex warehouse Seller with the price of product packaging included.

4.2. The prices indicated in the Seller's offer or invoice shall apply to all deliveries, and, unless otherwise agreed, the prices determined by the price list valid at the time of conclusion of the business relationship shall apply.

4.3. Buyers who do not have a written contract with the Seller are required to make payments prior to delivery of the goods.

4.4. Buyers who have concluded a contract with the Seller make payments within 30 days from the day of the invoice, unless otherwise agreed.

4.5. For relationships where the agreed delivery period of goods is over 90 days, the Seller reserves the right to increase the price in the event of an increase in raw material costs, labor costs, changes in exchange rates or other circumstances beyond the Seller's control that significantly affect production costs, with the obligation to notify the Buyer in writing before changing the price.

4.6. Unless otherwise agreed, all payments are made by deposit into the Seller's designated transaction account.

4.7. In the case of late payment on the agreed terms, the statutory default interest rate is calculated.

 

5. DELIVERY OF GOODS

 

5.1. The delivery period is 60 days, unless otherwise agreed in the offer, contract or otherwise.

5.2. The Buyer is obliged to take delivery of the goods within 3 days of the Seller's notification of the agreed delivery date or unless otherwise stipulated in the contract.

5.3. In the event of a delay by the Buyer in taking over the goods, the Seller may charge the costs of storing and preserving the goods.

5.4. The Seller is not liable for any damage suffered by the Buyer towards third parties due to non-delivery of goods, unless otherwise agreed.

5.5. The Seller has the right to stop delivering the goods if it determines that bankruptcy or liquidation proceedings have been opened against the Buyer, as well as that the Buyer's bank accounts have been blocked, in which case it will inform the Buyer of the reasons for the delay in delivery.

5.6. The risk of loss or damage to the goods passes to the Buyer at the time of delivery, regardless of which party pays for the transport of the goods.

5.7. In any case, the risk passes to the Buyer if the goods are not taken over within the agreed period.

 

6. GUARANTEE/WARRANTY

 

6.1. The Buyer warrants that the delivered goods are free from known defects in material and workmanship.

6.2. Complaints about visible defects and flaws in the goods must be made within 5 days of delivery.

6.3. In the event that the deadline from the previous paragraph is exceeded, the complaint will not be accepted, unless it is proven that the Seller acted with gross negligence.

6.4. The burden of proving defects, the time of their occurrence and timely notification is on the Buyer.

6.5. The seller provides a guarantee/warranty on the stated product features for a period of one year from the date of delivery.

6.6. The Seller will correct proven and timely reported defects by delivering replacement products, in which case the Buyer is obliged to deliver to the Seller the products for which he is reporting a defect.

6.7. The cost of transporting replacement products in accordance with the previous point, as well as the return of non-conforming products, shall be borne by the Seller.

6.8. The warranty/guarantee referred to in point 6.5 does not cover damage and defects that have occurred as a result of normal wear and tear, improper handling, storage, processing and failure to comply with product instructions by the Buyer or third parties.

 

7. DISCLAIMER OF LIABILITY

 

7.1. The Seller's liability for all claims for damages arising from the goods and their use shall in no event exceed the total purchase price of the goods that are the subject of the claim. Under no circumstances shall the Seller be liable to the Buyer or any other person for any special, incidental, direct, consequential or punitive damages, losses and expenses, including, without limitation, damages resulting from loss of reputation, goodwill, name and brand recognition, as well as loss of sales or profits, business interruption, production failure, damage to other goods or other assets, whether the damages arise from breach of warranty, contract, misrepresentation, negligence or otherwise.

7.2. The exclusions or limitations of liability set out in these General Terms and Conditions do not apply to damages resulting from bodily injury, deterioration of health and death, which are caused by a negligent breach of obligations by the Seller or a malicious or negligent breach of obligations by the Seller's legal representative or his agent, nor to other damages caused by a grossly negligent breach of obligations by the Seller, his legal representative or agent.

 

8. RETENTION OF OWNERSHIP RIGHTS

 

8.1. The seller retains ownership of the goods until the moment of payment of the price of the goods, as well as other claims arising from the delivery of the goods in question.

8.2. If the goods referred to in the previous paragraph are mixed, assembled or combined with other goods or objects, the Seller acquires ownership of the newly created thing in proportion to the value of its goods, provided that separation cannot be carried out without significant damage or disproportionate costs.

8.3. The buyer is obliged to insure the goods from the previous point against the risk of damage and deterioration and to store them in an appropriate manner.

 

9. FORCE MAJEURE

 

9.1. The Seller is not liable for any damage, loss or expense arising as a result of circumstances beyond the Seller's control, including, but not limited to: natural disasters, laws, rules, regulations, sanctions, acts of governments or other administrative bodies, court orders, earthquakes, floods, fires, explosions, war, terrorism, riots, riots, strikes, epidemics, work restrictions, shortages of labor, raw materials, port blockages, transport bans, including those arising from the Seller's suppliers, all of which shall be considered "Force Majeure".

9.2. If the circumstances referred to in the previous point last longer than 30 days, both contracting parties have the right to change the contractual relationship, in that part that has not been fulfilled or is unable to be fulfilled, due to the circumstances that have arisen.

9.3. The Buyer must submit requests for changes to the contractual relationship due to Force Majeure to the Seller within 3 days of the occurrence of the circumstances that prevented him from fulfilling his obligations.

9.4. The request from the previous point does not affect the Seller's financial claims against the Buyer for already delivered goods and products, nor can Force Majeure be considered a justified reason for non-payment of claims that the Seller has against the Buyer.

 

10. FINAL PROVISIONS

 

10.1. All relations between the Seller and the Buyer are subject to the substantive regulations of Bosnia and Herzegovina, and the jurisdiction of the court is determined by the court with actual jurisdiction in the place of the Seller's registered office.

10.2. In the event that any provision of these general terms and conditions is subsequently determined to be invalid or unenforceable, this shall not affect the validity and/or enforceability (fulfillment) of any of the remaining provisions.