ACCEPTANCE: No contract shall be valid unless accepted in writing by seller. Verbal orders as well as deviations of our general terms and conditions of sale are not valid unless accepted in writing. Seller’s delivery consists only of the goods, document s and services as specified in the quotation. Acceptance of a quotation by Buyer includes also his acceptance of Seller’s general terms and conditions of sales and the present terms and conditions supersede any contrary conditions of Buyer.
VALIDITY: Unless otherwise agreed, Seller’s quotations are valid for 30 days. After this period they are subject to confirmation.
SHIPPING TERMS: EX WORKS. Except as stated in our Terms and Conditions of Sale, all taxes, levies, duties, charges and expenses payable at or after the time of delivery with respect to the goods shall be borne by the Buyer.
RISK OF LOSS AND DAMAGE: Unless otherwise stated in the order acknowledgement, delivery shall take place ex-factory Bulgaria at which time risk of loss shall pass to the Buyer. Upon the written request of Buyer, Seller will, without any responsibility, arrange for insurance of shipments against loss or damage in transit but in Buyer’s name and at his expense.
PAYMENT: Unless otherwise stated on the invoice, all payments due shall be made in EUR to Seller’s bank account. Unless otherwise agreed in writing, terms are net 30 days from invoice. Failure to pay within said period of time shall entail automatically without further notice at 2 % (two percent) increase per month on the unpaid amounts.
PROPERTY: The goods sold here-under shall remain the property of Seller until paid for in full. If Buyer refuses delivery of the goods for any reason whatsoever, Seller reserves the right to store the goods in a warehouse of his choice at the risk and expense of Buyer.
DELIVERY: The quoted delivery times are for information only. Exceeding the delivery time by Seller does not entitle Buyer to indemnities nor to refusal of the goods unless this has been agreed by registered mail by Seller. However, Seller shall use all reasonable effort to deliver the goods within the term specified in the acknowledgement of order. No liability shall result from delay in performance or non-performance caused by circumstances beyond the control of the Seller including but not limited to acts of God, fire, flood, war, government action, strikes, inability to obtain raw materials or delays of carriers. Quantities so affected may be eliminated from the contract without liability but the contract shall remain otherwise unaffected.
RETURNED MATERIAL: No returns of goods shipped are accepted unless Seller has previously been informed in writing of the reason for the return and has been given the opportunity to verify the defect or deficiency claimed to exist and has agreed to the existence thereof. If Seller accepts the return of goods for any reason other than their being defective or deficient, Seller reserves the right to make a charge for transportation.
CHOICE OF LAW AND JURISDICTION: The validity, performance construction and effect of these terms and conditions shall be governed by Bulgarian Law, including the Uniform Laws on International Sale of Goods which have been ratified by Bulgaria. Any litigation in connection with these terms and conditions shall be decided upon by the Court of Seller’s principal place of business. Notwithstanding the foregoing, Seller may at its option bring a legal action against Buyer before the Court of the latter’s principal place of business.
CLAIMS: Failure to give notice in writing of claim ten (10) days from the date of receipt shall constitute a waiver by Buyer on all claims in respect of such goods.