Terms & Conditions


EZAX LTD GENERAL SALES TERMS AND CONDITIONS

Ezax LTD's Terms and Conditions and warranty will apply to all orders and will supersede any other terms and conditions whether implied, written in the Buyer’s order or order confirmation and any other communications. This express warranty is the sole warranty provided by Ezax LTD and all implied warranties including those of merchantability and fitness for a particular purpose are hereby excluded. You may review the complete Terms and Conditions on our website at www.ezax-group.com. We reserve the right to change the Terms and Conditions at any time without notice. It is important to note that Ezax LTD warranties may be void if the Buyer fails to fulfill their responsibilities under the terms and conditions, or if the Buyer fails to properly care for the product or to provide written notification of the product care and maintenance requirements to the users of the product.


The term ‘End User’ is used to describe the buyer’s management, employees, and sub-contractors of the location where the general public uses the products. The term “End User” is if you purchased the products from a purchasing agent, dealer, designer, sales agent, distributor, or wholesaler, whom you engaged to manage this purchase on your behalf, then your warranty terms must be confirmed by that dealer and your contract of sale is with the dealer, not with Ezax LTD. Ezax LTD has no information regarding the warranty offered by the buyer, purchasing agent, dealer, designer, sales agent, distributor, or wholesaler, whom you engaged to manage this purchase on your behalf. Ezax LTD will discuss warranty issues with the Buyer of the product and can only negotiate the resolution of any disputes arising from a purchase with the Buyer. Warranty is limited to original Buyer and at the specific delivery location of the order written on the invoice and is not transferable to a subsequent purchaser of the product from our customer. Ezax LTD reserves the right that any legal proceedings directly or indirectly arising out of or relating to Ezax LTD (including but not limited to the purchases of www.ezax-group.com) shall be in Bulgarian courts. 


Ezax LTD warrants each product for a period of time (see below for warranty specifications) from receipt of merchandise to be free from defects in material and workmanship of product frames. This warranty specifically refers to breakage during normal use. Normal use is defined as normal use for what the item is designed. Normal use does not include standing on or climbing over the chair. This limited warranty does not cover and specifically excludes any claimed defects and/or need for repairs resulting from regular wear and tear, misuse, abuse, neglect, improper installation, lack of maintenance, accidents, intentional damage, transit damage, foreseeable and unforeseeable misuses, material alterations made by a Third-Party or reupholstering by a third party, damage from floods, earthquakes, or other natural acts of God. Products are designed and manufactured for indoor use only. Ezax LTD is not responsible for damage from improper environmental conditions at the customer’s site. Products should not be used outdoors unless specified for outdoor use. Cast Iron table bases are for indoor use only. Rusting of cast iron is not covered by the warranty. When products are not in use, they should be properly stored in an indoor climate-controlled environment, and in the proper stacking requirements. All products need to be transported with the appropriate hand trucks and dollies, observing proper stacking requirements. Failure to comply with these requirements will void this warranty. Glides, casters, ganging devices, and chair bumpers are excluded from the coverage of the warranty. Laminate coverings or products are excluded from the warranty and are sold AS-IS.


Products are designed and manufactured for commercial use. Slight imperfections are to be expected and will not be considered defective. Placing an order or order confirmation constitutes your waiver of any claim you may have due to dissatisfaction with product finish, fabric/vinyl, glides, ganging device, any upgrades, dimensions, or special requests made. Please contact us at info@ezax-group.com if you would like to receive samples before placing your order.


Warranty requires the End User to document any structural weakness, loose bolts, screws, fasteners, glides, corner blocks, separation of the joints and welds, and when such defects first appeared. Inspections should be performed more frequently when products are more than 1 year old (regardless of whether a longer warranty has been provided), or any time signs of stress are detected. Products with bent or cracked frames should not be used and be removed from service. Attempts to re-bend or repair products may further weaken them. Products should be wiped down and polished on a monthly basis.


Any product that is suspected of being defective, unsafe, or in a condition that might cause personal injury, must be immediately removed from service. End User should increase the frequency of periodic inspections if the suspected defective and/or unsafe condition is suspected of the remaining products.


Ezax LTD shall repair, replace, or issue a refund for any product suspected of being defective. Buyer must notify Ezax LTD in writing within 5 days of discovering the suspected defects. Only the actual item found defective will be repaired, replaced, or refunded. Ezax LTD reserves the right to examine and determine the cause of a claimed defect and/or need for repair. Repairs and replacements do not extend any product warranty for a product for which the claim is made, and the warranty period will continue to run from the date of the initial order.


Ezax LTD’s liability under this warranty shall be limited to the cost for materials and/or labor to repair or replace proven defective products. Warranty repairs or replacements will be made without charge for materials and/or labor when the defective parts are returned to Ezax LTD at the customer’s expense. Once Ezax LTD has completed the inspection and determined that the product returned is defective, and has occurred within the warranty period Ezax LTD shall repair, replace, or issue a refund for the defective product. If the product or components of the product have been discontinued and cannot be replaced, Ezax LTD may choose to repair or issue a refund for the product. Additionally, if the product cannot be repaired, and has been discontinued Ezax LTD will refund the product based on the warranty specifications. Due to the nature of the product when we repair or replace the product, we will attempt to match the frame color or fabric/vinyl, however, there are variations in color, grain, and texture that we have no control of. Ezax LTD cannot guarantee an exact match. Finishes are commercially accepted with slight variations based on dye lots. We reserve the right to make slight variations to finishes and products without prior notification.


A repeat order placed at a later date for the same item with the same specifications may not match earlier products precisely. This is due to the nature of the product we will attempt to match the frame color or fabric/vinyl, however, there are variations in color, grain, and texture that we have no control of. Ezax LTD cannot guarantee an exact match. Finishes are commercially accepted with slight variations based on dye lots. We reserve the right to make slight variations to finishes and products without prior notification. This will not be considered defective.


Ezax LTD’s maximum liability shall be limited to the original invoice price per unit to the Buyer, and shall not recover any other costs including but not limited to lost revenue due to lack of use, rental of similar products, purchasing new products, freight, costs purchased by Buyer e.g. COM, employee wages, handling, packaging, storage, demurrage, removal or installation of new products or any claim from any individual, customers, Buyer, or End User.


Depending on the style of chair, the recommended maximum weight capacity is130 kg


Buyer must notify Ezax LTD in writing within 5 days of discovering the suspected defects to info@ezax-group.com. Failure to comply with the Terms and Conditions will void the warranty and all claims will be denied.


Buyer will submit the following with the claim:


1) Letter describing the nature of the claim.

2) Copy of invoice including order number, order date, product, product qty in question

3) Pictures showing the damage.

4) Maintenance reports

Ezax LTD may deny any claim where the Buyer does not provide relevant, and complete information in a timely manner upon request.


Warranty commences with the shipping date of the covered product.


Length of Ezax LTD Limited warranties are:


1 Year- booth seating, folding tables, wood chairs, task chairs, tabletops, and cast-iron table bases. (Rusting of cast iron is not covered by the warranty.)


2 Years- Metal chairs


Maximum liability shall be limited to the original invoice price per unit and shall not include charges other than the actual defect. In the event that the chairs cannot be repaired, the maximum value of a warranty claim shall be limited to the remaining useful life of the product, calculated as follows; 0-1 yrs. 100%; 1-2 yrs. 0%; 2-3 yrs. 0%;;

Ezax LTD does not offer warranties on upholstery fabrics, and filling materials, they are subject to warranty offered by the respective upholstery mills only. Cuts or tears detected after signing the bill of lading are not covered. Customer’s Own Material (COM) is excluded from this warranty.


TERMS AND CONDITIONS OF SALE


Orders placed in production are not subject to cancellation or changes. Approved returns will be assessed with a minimum of 30% restocking fee plus shipping fees.


Availability of merchandise is estimated according to the information available at the time the order is written. Ezax LTD shall not be responsible for delays in delivery of merchandise occasioned by manufacturer’s scheduling, availability of materials, transportation difficulty or any other cause beyond the control of Ezax LTD. 

Ezax LTD shall not be liable for any damage, loss, fault, or expense arising out of delays in shipment. Deliveries are sidewalk only, and shipping is not included. If you require a lift gate please let us know when placing your order. Orders will begin production after the deposit is received and has cleared the bank. Additionally, orders will be delivered upon final payment is received, and has cleared the bank. All of our product information can be found on our website. This information is approximate. We reserve the right to make minor changes to specifications, material, and design during the production phase and discontinue items without prior notice.


When a carrier takes possession of the shipment, we are no longer responsible for the condition of the products at the time of delivery. It is the customer’s responsibility to inspect the shipment prior to acceptance. Please note: our products are designed and manufactured for commercial use. Slight imperfections are to be expected and will not be considered defective. Ezax LTD is not responsible for damages after delivery or pickup. Such inspection should look for paint scratches, dents, and chips. Upon acceptance of the goods, Ezax LTD is no longer responsible for such damage.


LIMITATION OF LIABILITY


In no event shall Ezax LTD (its officers, directors, or employees) be liable for any direct, indirect, incidental, special, exemplary, punitive, and consequential or other damages whatsoever (including but not limited to liability for loss of profits, reputation, or goodwill) without regard to the form of any action, including but not limited to contract, negligence or other tort actions arising out of or in connection with any claim arising out of this transaction or the use of www.ezax-group.com other than as set forth in the limited warranty.


PRICING AND TERMS

Prices are per unit unless specified differently. Additional fees apply for custom and non-standard options, features, fabrics, and finishes. All sales are made EXW. All prices shown do not include shipping, installation, or sales and EU taxes or tariffs. For shipments out of the EU all prices shown also do not include customs fees, duties, VAT or other fees or taxes associated with the import of products into the destination country. All prices are subject to change without prior notice and at the sole discretion of Ezax LTD. Prices should be confirmed with your rep or our sales department before placing an order. Ezax LTD requires a 30% deposit on all orders unless otherwise agreed upon. Orders will not be placed in production until the deposit is received. Customer deposits are nonrefundable. The remainder of the balance must be received 7 days prior to delivery or shipment is sent to the carrier. A charge of 1.5% monthly or 18% annually will be made on any unpaid balance if payment is not made according to the terms of sale. In the event that a collection agency, attorney, or court must be used to effect collection, the customer agrees to pay all collection agency fees, attorney fees, and court costs. 


Any manufactured order placed on hold by the customer's request or due to balances owed- held by Ezax LTD, will begin to accrue storage fees after seven days. Fees are as follows; 1.5% of the price of products stored for the first month, and 1% per month thereafter. There is a 350.00 Euro minimum for the first month and 150.00 Euro per month thereafter.

Orders with a combined net under 1000 Euros will be subject to a 125 Euro handling fee.  


CANCELLATIONS & RETURNS


All sales are final, no refunds. Purchase orders will be accepted on a case-by-case basis. Ezax LTD reserves the right to decline orders based on our sole judgment. All exchanges and cancellations are subject to seller approval. Special orders are not subject to cancellation. Orders placed in production are not subject to cancellation or changes. Cancellations and changes may not be made without written consent from Ezax LTD. Any changes made to original orders in process may be subject to additional charges and delays. Seller-approved returns will be assessed with a minimum of 30% restocking fee plus shipping fees. The Buyer will forfeit all shipping fees paid and pay for return shipping costs. All items must be returned in the original manufacturer’s boxes and packaging. They will be inspected at the time of arrival at Ezax LTD. In case of damage to the returned product, you will be charged the item's full price as it appears on the original order. The customer must notify Ezax LTD immediately of any discrepancy between the purchase order and acknowledgment; otherwise, Ezax LTD can accept no responsibility for manufacturing errors.


Availability of merchandise is estimated according to the information available at the time the order is written. Ezax LTD shall not be responsible for delays in delivery of merchandise occasioned by manufacturer’s scheduling, availability of materials, transportation difficulty, or any other cause beyond the control of Ezax LTD. Ezax LTD shall not be liable for any damage, loss, fault, or expense arising out of delays in shipment. Deliveries are sidewalk only, and shipping is not included in pricing. If you require a lift gate please let us know when placing your order. Orders will begin production after the deposit is received and has cleared the bank. Additionally, orders will be delivered upon final payment is received, and has cleared the bank.


DELIVERIES

All merchandise is F.O.B. origin. We will obtain the best rates for you. All deliveries are curbside deliveries only. Inside delivery service is available in some cases. Please remember to ask for it when placing an order, since this service has to be scheduled with the freight line. An extra charge WILL apply for inside delivery. The customer is responsible to unload freight from the truck within 30 minutes of truck arrival in order not to incur additional fees to be paid by the customer. All tables and bases are shipped unassembled. 

When a carrier takes possession of a shipment they sign and acknowledge receiving the product in good order. Once they take possession, we are no longer responsible for the condition of the products at the time of delivery. All common carrier deliveries require a signature. It is the customer's responsibility to inspect the shipment prior to acceptance. If there is visible damage i.e., forklift punctures, shrink-wrap is broken, torn, and cases are missing, then the customer must note the damage on the bill of lading. If you have no time to inspect the boxes upon delivery, please note the following on the bill of lading: “Boxes are subject to inspection at the time of delivery. Customer will notify the carrier of pending damage within 24 hours.” This gives you time to look over the product yet allows the carrier to know that possible damage may have occurred before you took possession of it. It is the customer's responsibility to immediately file a damage claim with the carrier. Claims will not be honored if filed after 24 hrs. of receipt. Ezax LTD is not responsible for damages after delivery or pickup. If a shipment is received undamaged but is not what you ordered, call Ezax LTD within 24 hrs. of receipt. We reserve the right to bill you for shipping charges on refused shipments. We reserve the right to bill you for shipping charges for an incorrect delivery address.


SAMPLES

Samples are available upon request. Samples will only be supplied when the customer places a firm or large order. Samples must be paid in full plus delivery charges and cannot be credited or refunded.


AVAILABILITY & DELAYS

Ezax LTD does not guarantee the availability of items shown in our catalog, website, or pricelist. Certain items may be discontinued at the manufacturer's discretion without notice. From time to time Ezax LTD may make slight adjustments to existing product designs, resulting in products varying slightly from photos shown. Availability of merchandise is estimated according to information available on hand at the time the order is written. No delivery dates for orders are guaranteed. The seller shall not be responsible for delays in delivery of merchandise occasioned by manufacturer’s scheduling, stock on hand, availability of materials, transportation difficulty, or any other cause beyond the control of the seller. The seller shall not be liable for any damage, loss, fault, or expense arising out of delays in shipment.


Ezax LTD reserves the right to make minor changes to specifications, material, and design during the production phase.


DISCLAIMER

Stain colors and textures may not be properly visualized due to photographic, internet, and computer inaccuracies. When placing your order you are accepting the limitations inherent in not directly viewing samples. Please note, the stain color used reflects a typical color tone but may vary slightly, due to inherent variation of color, grain, and texture. Some variation of color tone is unavoidable, and an exact match is not guaranteed. Due to the handcrafted nature of our product, all dimensions and weights shown are approximate. Variations in the tailoring, padding, and fabric thickness can affect the dimensions of each product. We assume no responsibility for overall width and height unless items are special ordered to fit an exact space. Please note our products are designed and manufactured for commercial use, slight imperfections in the finish are to be expected, and will not be considered defective. Your acceptance of an order constitutes your waiver of any claim you may have, due to dissatisfaction with product color, stain, texture, finish, or dimensions. Please contact us at info@ezax-group.com if you would like to receive samples of wood or fabric before placing your order. Samples may vary from the items actually ordered.


MAINTENANCE

All products must be inspected monthly for any signs of structural weakness. Inspections should be documented and include but not be limited to loose bolts, screws, fasteners, corner blocks, separation of the joints, and welds. Inspections should be performed more frequently when products are more than 1


year old, or anytime signs of stress are detected. If this occurs the product should be removed from service immediately until proper maintenance can be performed. Chairs or barstools with bent frames should not be used. Attempts to re-bend metal frames or repair products may further weaken them. Chairs and Barstools should be wiped down and polished on a monthly basis.



**General Terms and Conditions for the Manufacture and Delivery of Furniture Products**


Definitions:

Contractor: This is the party that orders the manufacture of furniture products. In this context, the Contractor is your company or organization. The Contractor is responsible for providing the product specifications, the conditions of the order, and for making financial payments to the Manufacturer. Also, the Contractor has the right to make claims in the event of defects in the products.

Manufacturer: This is the party that accepts the order and commits to manufacturing the furniture products according to the Contractor's requirements. The Manufacturer is responsible for the quality of the craftsmanship, adhering to the agreed deadlines and conditions, and for responding to all claims related to the quality or defects of the products.


Article 1. (1) Under these general terms and conditions, the CONTRACTOR assigns, and the MANUFACTURER undertakes to manufacture and deliver to the CONTRACTOR furniture products (chairs) based on samples and prices provided by the CONTRACTOR and agreed between the parties.


(2) The MANUFACTURER undertakes to use the samples provided to them under paragraph 1 solely and exclusively for fulfilling the orders of the CONTRACTOR.


(3) The MANUFACTURER is not allowed to produce and/or sell the chairs, which are the subject of this contract and are patented by the CONTRACTOR or its counterparts in the United States and Europe.


(4) The samples that the CONTRACTOR provides to the MANUFACTURER for fulfilling the orders from the CONTRACTOR remain the property of the CONTRACTOR. The MANUFACTURER is not allowed to make copies of them or to order other individuals to make such samples.


(5) If the MANUFACTURER is proven to have failed to fulfill its obligations under paragraphs 3 and 4, they owe the CONTRACTOR a penalty of 50,000 (fifty thousand) euros.


Article 2. (1) When placing an order for the manufacture of products under Article 1, the CONTRACTOR is not required to pay an advance for the ordered products. The payment terms are determined and agreed between the parties, with the CONTRACTOR required to pay the value of the goods no later than 30 days after loading or delivery of the manufactured products.


(2) Upon receipt of the order, the MANUFACTURER is required to confirm its acceptance. If the MANUFACTURER does not confirm acceptance or explicitly refuse the order, it is considered automatically accepted.


(3) By confirming the order, the Manufacturer agrees with the general terms set by the CONTRACTOR and accepts these terms as part of the contractual obligations for fulfilling the order.


(4) The costs for delivering the manufactured products are borne by the CONTRACTOR.


(5) When handing over the manufactured products under Article 1, paragraph 1, the parties shall draw up and sign a handover protocol, in which the type, quantity, and other details of the delivered products are specified in detail. The CONTRACTOR is obliged to inspect the delivered products for defects or other damages before transportation, and any observations are to be recorded in the protocol. If defects or other damages are identified, the MANUFACTURER is obliged to replace the damaged products with new ones.


Article 3. On the day of receiving the CONTRACTOR's order, the MANUFACTURER is obliged to notify the CONTRACTOR in writing of the deadline for fulfilling the order. The deadline for fulfillment starts from the receipt of the order. If the MANUFACTURER is delayed in manufacturing the order within the agreed timeframe, they owe the CONTRACTOR a penalty of 1% (one percent) per day of the value of the order. The MANUFACTURER is not responsible if the quantity of products ordered by the CONTRACTOR is not sufficient to fill the cargo vehicle. In case of partial fulfillment of the order (incomplete container or truck), the MANUFACTURER owes a penalty of 500 (five hundred) euros.


Article 4. (1) The MANUFACTURER is obliged to manufacture the ordered products qualitatively and in accordance with the requirements of the CONTRACTOR.

The MANUFACTURER must immediately notify the CONTRACTOR in the event of claims by third parties (impositions of liens, etc.) on the products under Article 1, paragraph 1, which it has manufactured.

The MANUFACTURER must immediately notify the CONTRACTOR in the event of unforeseen circumstances (accidents and natural disasters) as a result of which it cannot be held responsible for fulfilling the order.


Article 5. Claims and Liability for Defects**


(1) In the event of claims made by the Manufacturer related to the quality or condition of the products, the Contractor has the right to make a claim upon the discovery of apparent or hidden defects.


(2) In case of proven defects, the Manufacturer is obliged to completely replace the products subject to the claim and to cover all costs associated with this, including transportation costs related to the Contractor's client.


(3) When making a claim


, the Manufacturer is obliged to respond within 3 (three) days. If the Manufacturer does not provide a response within the specified period, the claim is considered duly delivered and confirmed by the Manufacturer.


(4) The Manufacturer bears full responsibility for all consequences arising from the defects, including but not limited to, losses or damage to property, direct or indirect damages incurred by the Contractor or its clients.


Article 6. (1) In case of damage to a sample, the MANUFACTURER pays its price.

(2) The MANUFACTURER undertakes to return the samples provided to them under Article 1 to the CONTRACTOR within 3 days of their written request.


Article 7. (1) The MANUFACTURER undertakes for a period of 1 year from the date of the last order from the CONTRACTOR not to produce and/or sell, either personally or through its subsidiaries and/or related entities and/or other third parties, products patented by the CONTRACTOR or its counterparts:


(2) The MANUFACTURER has no right, either personally or through its subsidiaries and/or related entities and/or other third parties, to submit applications for registration, or to register the design of the provided samples as an industrial design either in the Republic of Bulgaria or in other countries.


(3) In case of failure to fulfill the obligation under paragraphs 1 and/or 2, the MANUFACTURER owes the CONTRACTOR a penalty of 20,000 (twenty thousand) euros.


Article 8 (1) The parties will resolve all disputes arising in connection with the fulfillment of the contract through understanding and mutual concessions.

(2) When reaching an agreement proves impossible, the parties will refer the dispute to the competent Bulgarian court. Article 11.

For matters not regulated by this contract, the provisions of the commercial and civil legislation of the Republic of Bulgaria apply.


These General Terms and Conditions provide a legal framework for the relationships between your company and the suppliers, ensuring clarity and consistency in business processes.



**Общи Условия за Изработка и Доставка на Мебелни Изделия**


Определения:

  • Възложител: Това е страната, която поръчва изработката на мебелни изделия. В този контекст, Възложителят е вашата фирма или организация. Възложителят е отговорен за предоставянето на спецификациите на продукта, условията на поръчката и извършването на финансовите плащания към Изпълнителя. Също така, Възложителят има правото да предявява рекламации при установяване на дефекти в изделията.
  • Изпълнител: Това е страната, която приема поръчката и се задължава да изработва мебелните изделия според изискванията на Възложителя. Изпълнителят е отговорен за качеството на изработката, спазването на договорените срокове и условия, както и за отговор на всички рекламации, свързани с качеството или дефектите на изделията.


Чл. 1. (1) С настоящите общи условия ВЪЗЛОЖИТЕЛЯТ възлага, ИЗПЪЛНИТЕЛЯТ се задължава да изработва и доставя на ВЪЗЛОЖИТЕЛЯ мебелни изделия (столове) по предоставени от ВЗЛОЖИТЕЛЯ мостри и цени съгласувани между страните. 


(2) ИЗПЪЛНИТЕЛЯТ се задължава да използва предоставените му по ал. 1 мостри само и единствено за изплнение на порьчките на ВЪЗЛОЖИТЕЛЯ. 


(3)  ИЗПЪЛНИТЕЛЯТ няма право да произвежда и/или да продава столовете, предмет на този договор, които са патентовани от ВЪЗЛОЖИТЕЛЯ или от контрагентите му в Съединените Американски Щати и Европа.


(4) Мострите, които ВЪЗЛОЖИТЕЛЯТ предоставя на ИЗПЪЛНИТЕЛЯ за изпълнение на поръчките от ВЪЗЛОЖИТЕЛЯ, остават собственост на ВЪЗЛОЖИТЕЛЯ.  ИЗПЪЛНИТЕЛЯТ няма право да прави техни копия, нито да поръчва на други лица да му изработват такива мостри. 


(5) При доказване на неизпълнение на задълженията си по ал. 3 и ал. 4 от страна на възложителя, ИЗПЪЛНИТЕЛЯТ джи на ВЪЗЛОЖИТЕЛЯ неустойка в размер на 50 000 (петдесет хиляди) евро.


Чл. 2. (1) При заявяване на порьчка за изработка на изделия по чл. 1, ВЪЗЛОЖИТЕЛЯТ не е длъжен да заплаща на ИЗПЪЛНИТЕЛЯ аванс на поръчаните изделия. Условията на плащане се определят и договарят между страните, като ВЪЗЛОЖИТЕЛЯ е длъжен да заплати стойността на стоката не по късно от 30 дни след натоварването или доставянето на изработените изделия. 


(2) При получаване на поръчката, ИЗПЪЛНИТЕЛЯ е длъжен да потвърди приемането й. Ако ИЗПЪЛНИТЕЛЯ не извърши потвърждение или изрично отказ на поръчката, тя се счита за автоматично приета.


(3) При потвърждение на поръчката от страна на Изпълнителя, той се съгласява с общите условия, установени от ВЪЗЛОЖИТЕЛЯ, и приема тези условия като част от договорните задължения по изпълнение на поръчката.


(4) Разходите по доставяне на изработеното са за сметка на ВЪЗЛОЖИТЕЛЯ.


(5) При предаване на изработеното по чл. 1, ал. 1 страните сьставят и подписват предавателно-приемателен протокол, в който подробно се посочват вида, количеството и другите данни на доставените изделия. ВЪЗЛОЖИТЕЛЯТ е дльжен да прегледа доставената му изделия от выншна страна за наличие на дефекти или други увреждания, преди транспортирането, като забележките му се отразяват в протокола. Ако бъдат установени дефекти или други увреждания, ИЗПЪЛНИТЕЛЯТ е длъжен да замени увредените изделия с нови такива.


Чл. 3. В деня на получаване на заявката на ВЗЛОЖИТЕЛЯ, ИЗПЪЛНИТЕЛЯТ е дльжен да го уведоми писмено за срока на изплнение на порьчката. Срокът за изпълнение започва за тече от получаването на поръчката. При забава на ИЗПЪЛНИТЕЛЯ да изработи поръчката в уговорения срок, той дължи на ВЪЗЛОЖИТЕЛЯ неустойка в размер на 1 % (един процент) на ден от стойността на поръчката. ИЗПЪЛНИТЕЛЯ не носи отговорност, ако количеството продукция поръчана от ВЪЗЛОЖИТЕЛЯ не е достатьчно за напълване на товарното превозно средство. При частично изпълнение на поръчката (непълен контейнер или камион ) ИЗПЪЛНИТЕЛЯТ дължи неустойка в размер на 500 (петстотин) евро. 


Чл. 4. (1) ИЗПЪЛНИТЕЛЯТ е дльжен да изработва порьчаните му изделия качествено и съобразно изискванията на ВЪЗЛОЖИТЕЛЯ. 

ИЗПЪЛНИТЕЛЯТ е длъжен незабавно да уведоми ВЪЗЛОЖИТЕЛЯ в случай на претенции на трети лица (налагане на запори и др.) към изделията по чл. 1, ал. 1, които е изработил. 

ИЗПЪЛНИТЕЛЯТ е длжен незабавно да уведоми ВЗЛОЖИТЕЛЯ случай на възникване на непридвидими обстоятелства (аварии и природни бедствия)в следствие на които не може да носи отговорност за изпълнението на поръчката. 


Чл. 5. Рекламации и Отговорност за Дефекти**


(1) В случай на възникване на рекламации от страна на Изпълнителя, свързани с качеството или състоянието на изделията, Възложителят има право да предяви рекламация при установяване на явни или скрити дефекти.


(2) При доказани дефекти, Изпълнителят е длъжен да замени изцяло изделията, предмет на рекламацията, и да покрие всички разходи, свързани с това, включително транспортните разходи, свързани с клиента на Възложителя.


(3) При предявяване на рекламация, Изпълнителят е задължен да отговори в срок от 3 (три) дни. В случай, че Изпълнителят не предостави отговор в посочения срок, рекламацията се счита за надлежно връчена и потвърдена от Изпълнителя.


(4) Изпълнителят носи пълна отговорност за всички последици, възникнали в резултат на дефектите, включително, но не ограничено до, загуби или увреждания на имущество, преки или косвени щети, понесени от Възложителя или неговите клиенти.


Чл. 6. (1) При увреждане на мостра, ИЗПЪЛНИТЕЛЯТ заплаща нейната цена. 

(2) ИЗПЪЛНИТЕЛЯт се задьлжава да върне на ВЪЗЛОЖИТЕЛЯ предоставените му мостри по чл. 1 в 3-дневен срок писменото им поискване. 


Чл. 7. (1) ИЗПЪЛНИТЕЛЯТ се задължава за срок от 1 година от датата на последната поръчка от ВЪЗЛОЖИТЕЛЯ да не произвежда и или продава, нито лично, нито чрез свои дъщерни дружества и/или свързани лица и/или други трети лица, изделия патентовани от ВЗЛОЖИТЕЛЯ или от контрагентите му: 


(2)  ИЗПЪЛНИТЕЛЯТ няма право нито лично, нито чрез свои дъщерни дружества и/или свързани лица и/или други трети лица, да подава заявки за регистрация, респ. да регистрира, дизайна на предоставените му мостри като промишлен дизайн нито в Република България, нито в други държави. 


(3)  При неизпълнение на задължението си по ал. 1 и/или ал. 2 ИЗПЪЛНИТЕЛЯТ дължи на ВЪЗЛОЖИТЕЛЯ неустойка в размер на 20 000 (двадесет хиляди) евро. 


Чл. 8  (1) Страните ще решават всички възникнали по повод изплнението на спорове чрез разбирателството и взаимни отстьпки. 

(2) Когато постигането на съгласие се окаже невъзможно, страните ще отнесат спора пред компетентния български съд. Чл. 11. 

За неуредените с настоящия договор впроси се прилагат разпоредбите на трговското и гражданското законодателство на РБългария.


Тези Общи Условия осигуряват правна рамка за взаимоотношенията между Вашата компания и доставчиците, като гарантират яснота и последователност в бизнес процесите.