GENERAL TERMS & CONDITIONS
On this page you find the general terms and conditions of IPTA Automotive LTD. Please contact us in case you have questions.
These General Conditions shall apply when the parties agree in writing or otherwise thereto. When the General Conditions apply to a specific contract, modifications of or deviations from them must be agreed in writing. Wherever these General Conditions use the term “in writing”, this shall mean by document signed by the parties, or by letter, fax, electronical mail and such other means as are agreed by the parties.
All sales are made exclusively pursuant to the Incoterms 2010 and these terms and conditions.
ACCEPTANCE OF ORDERS
All orders are considered definitive only upon written confirmation from the seller, but remain subject to correct and punctual self-supply. No subsequent order cancellation by the buyer is permitted, unless expressly agreed to in writing by the seller.
PRICE
The price of the goods shall be the price stated in the seller’s price list in effect at the date of delivery of the goods or the price resulting from a written agreement between the buyer and the seller.
Any other price indication does not bind the seller.
All prices are net prices, exclusive of VAT or any other tax, duty or any other cost element. All taxes, duty or any other costs relating to the goods, their purchase or their transportations shall be born exclusively by the buyer.
TERMS OF PAYMENT
The price or any other amount owing to the seller is due and payable on the due date stipulated by the seller.
All bank charges outside Bulgaria are for the account of the buyer.
Under no circumstances shall the buyer be entitled to withhold any payment or part of a payment owing to the seller. In the event of non-payment on the due date of any amount then due, all other amounts owing to the seller shall become immediately due and payable, with the statutory interest. Any payment made by the buyer shall be imputed to the prices of orders in the chronological sequence of their execution by the seller, beginning with the first order executed.
DELIVERY
Delivery of the goods shall occur when the goods have been loaded onto the first transportation vehicle to be used to transport the goods from the seller to the buyer, irrespective of whether such transportation be arranged by the buyer or by the seller. Delivery dates are indicative only.
The seller reserves the right not to deliver, or to discontinue the delivery of the goods if the sale thereof would, in the seller’s reasonable opinion, infringe any intellectual property rights of a third person.
If the buyer has been requested by the seller to certify in writing that he has complied with all the applicable regulations of the country of destination of the goods, the seller shall be under no obligation to deliver the goods, or to continue delivery, unless and until a certificate has been provided to the seller.
The risk of the goods shall pass to the buyer at the moment the delivery occurs.
OWNERSHIP RETENTION
Ownership of the goods shall pass to the buyer only upon full payment of the price thereof and of any other amounts due and owing to the seller with respect to the goods, their purchase or their transportation.
To the extent technically possible the goods shall be kept separate and distinct from any other property of the buyer and from that of any third parties, and shall be kept in good and substantial repair and condition and be stored in such a way to be clearly identifiable belonging to the seller.
INSPECTION
The buyer shall inspect the goods immediately upon arrival of their destination. The seller shall only be liable for a lack of conformity of the goods if the buyer notifies the seller in writing thereof within seven days of the arrival of the goods at their destination. In such an event, the seller shall have the right to send, at its expense, one or more inspectors to assess the conformity of the goods. The buyer shall provide, or cause to be provided to, the inspectors access to the goods for a reasonable period of time an under reasonable operating conditions.
The goods in question have been kept separate, in their original packing with marks intact, so that their identity can be established.
FORCE MAJEURE
Force majeure is here taken to include: all circumstances, unforeseen or otherwise, which are not attributable to seller and which wholly or partly prevent seller from meeting its obligations or as a result of which seller cannot reasonably be expected to meet these obligations. This includes: war or similar situations, unrest, sabotage, boycotts, strikes occupation, blockades, damage or breakdown of installations belonging to the seller or its suppliers, transport difficulties, breakdown in telecommunications, government measures, natural disaster, fire or explosion.
ASSIGNMENT
The buyer shall not assign or transfer or purport to assign or transfer any rights or obligations hereunder to any other person without the prior written consent of the seller.
Place of jurisdiction Applicable law
(1) Plovdiv is the place of jurisdiction. This likewise applies to any proceedings relating to documents, bills and cheques. However, the Seller is entitled to take proceedings against the customer in any other court which holds jurisdiction over the particular dispute under the law of the Republic of Bulgaria or of the home country of the Customer.
(2) Contractual relations between the Seller and the Customer shall be governed by Bulgarian law to the exclusion of UN Convention on Contracts for the International Sales of Goods (CISG) and to the exclusion of all international contracts for the purchase of goods and international law.