Terms and Conditions

 

As of 2018, the Glas Expert group of companies (which includes but is not limited to Glass Expert SRL, Glass Expert Contractor SRL and Glass Expert Tempered SRL) operates under the following business terms and conditions. These conditions are general and are applicable unless otherwise specified by written agreements, contracts, offers etc.

 

A1.  Scope of Application
[1] These Terms apply to all contracts, supplies and all other services, including consultancy services, in relation to customers, hereinafter referred to as buyers. This category applies to both retailers and consumers.
[2] Retailers within the meaning of these conditions are individuals or legal persons and companies of persons engaged in self-employment or commercial activity and with whom we carry out a commercial relationship.
[3] Consumers are individuals who are the buyer and with whom we engage in a commercial relationship.
[4] We hereby declare that we do not recognise the buyer’s contractual terms, any buyer contractual provisions that deviate from our general terms and conditions described herein may be accepted and may be applicable only if confirmed by us in writing.

A2.   Price offer and completion of the contract
[1] Offers in our catalogs and other advertising documents, as well as those on the Internet – unless expressly stated to be firm – are not binding on us, in the sense that they are to be regarded only as a request for a quote.
[2] If our sales representatives conclude verbal agreements or offer benefits beyond the content of the written contract, they must be confirmed in writing.
[3] When calculating prices, we start from the assumption that the circumstances referred to for drawing up the offer remain unchanged, that the preliminary work required has been fully executed and we can perform our work without interruption or hinderance. Our offers are based on the information and specifications (descriptive documentation) or the items sent by the buyer, without knowing the situation at the location, unless one of our technicians has previously visited said location.
[4] Orders become binding for us only after we confirm them in writing, in the form of an offer or invoice (signed by an authorised person) sent to the buyer, and payment is then made according to the payment details of the offer signed by the buyer.
[5] In addition to these conditions, further contractual terms (including but not limited to those of a technical nature) may result from delivery conditions issued. If there are no other regulations applied and no other special conventions have been agreed upon, commercial usage applies.
[6] If, after drawing up the initial contract, we note certain circumstances, in particular delays in payment for previous deliveries, which may lead to the reasonable conclusion that full payment is jeopardised by the buyer’s lack of solvency, we have the right to fix with the buyer an appropriate period for advance payment of the full sum, or the provision of appropriate guarantees; these being the only options in this context. In the case of a buyer’s refusal, we have the right to withdraw from the contract and bills for partial deliveries already made are immediately due.
[7] The buyer’s wishes in connection with the subsequent modification or cancellation of the order may be considered only under the terms of a special clause agreed upon in this respect, accepted by us in writing and only if the manufacturing process has not yet begun.

A3.   Prices and terms of payment 
[1] Unless otherwise specified, prices shall be deemed to be ex-works or warehouse conditions, plus packaging, transport, intermediate storage, assembly, and other costs if they occur, plus any related VAT.
[2] The merchandise will be insured at the buyer’s request and at the buyer’s expense. Any costs relating to assembly and movement during assembly will only be covered by us if such provision is included in the offer.
[3] Unless otherwise agreed, the purchase price becomes due immediately.
[4] If the full invoice payment is made in advance with the order, we apply a 3% discount. The reduction applies to the net price, which does not include packaging, transport, VAT, etc
[5] Penalties for late payments will be 0.5% per day, applicable to the outstanding amount, and we as supplier will terminate our contract. The amount of the penalties may exceed the outstanding amount of payment and these may be even higher if it proves that the non-payment of the respective amounts has caused damages.
[6] Any payment shall first cover the earliest claim, including any default penalties.
[7] Any promised discounts do not apply if the buyer is late in paying older invoices.

A4.   Delivery deadlines
[1] The delivery times will be determined to be within a given week. It will always be specified as a delivery date for the week and not a fixed date. Provided that a fixed date is given, the delivery time will be considered until the end of the week of which the date is part, without this being considered as a delay.
[2] The delivery terms operate under the condition that the buyer’s obligations are met in good time, in particular regarding the provision of all information required to honour the order, sign and return the offer, as well as fulfill the financial obligations written in the offer.
[3] The delivery term of the offer is valid for 3 days, and if the buyer fails to meet the obligations arising from the offer, or does not return the signed offer as confirmation, the offer will be put on hold and we will issue another delivery date which will be valid when the buyer has fulfilled all obligations arising out of the received offer.
[4] The offer is valid for 30 days. If we do not receive the signed offer within this deadline, the offer will cease to be valid and the terms of the submitted offer will be subject to new negotiations.
[5] We reserve the right to invoke the exception for non-performance.
[6] If the buyer has purchased products requiring installation and is late in making the work space available, or otherwise violates other contractual obligations, we have the right to claim damages for the loss thus sustained and the delivery term will be delayed, this being the subject of a new negotiation. Our other rights are unaffected by this provision.
[7] If the above requirements are met, the risks of accidental degradation or degradation of the goods/work are transferred to the buyer at the time when its obligation to take over the goods or other contractual obligations become due.
[8] We have the right, at all times, to make deliveries or render partial services where necessary. We may issue invoices in installments for services rendered, which require payment on receipt.
[9] The execution and delivery times are extended accordingly – even if we are already late – in the event of a case of force majeure and any other obstacle to the performance of the contract for which we are not responsible after the conclusion of the contract drawing up phase (especially strikes, labor disputes, blocking of transport routes), if such obstacles significantly influence execution or delivery. This provision is also applied accordingly if such situations arise with our suppliers, pre-vendors or subcontractors. We will inform the buyer of the intervention and cessation of force majeure situations in the shortest possible time. In such conditions, The buyer may request we let them know if we intend to either withdraw from the contract or intend to deliver within a suitable and reasonable time. If our statement is not given as soon as possible, the buyer may withdraw from the contract. Any damages are excluded in such cases.
[10] We are accountable for failing to deliver in due time only where the fault is ours or that of our employees. We are not responsible for any delays caused by our suppliers. Any damages will be assigned to the buyer.
[11] In the event of delay in delivery, the buyer is required to declare in due time upon our request whether he / she still wants to receive the delivery or intends to terminate the contract and / or claims damages instead of executing the contract.
[12] If we are late in delivering, the buyer is entitled – insofar as it can be proved harm was caused by the delay – to demand late payment penalties of 0.5% of the value of the delivery for each day ended by delay, without the total amount of the penalties being allowed to exceed 15% of the value of the delivery.
[13] All specifications of the goods including dimensions, weights, quantities, labels, images and drawings are binding upon us only if agreed upon in writing.
[14] Our deliveries supplies and services will meet our usual high quality and will be in line with European standards in force and our Tolerances Manual, which is available and can be sent upon request.

A5.   Packaging conditions 
[1] The packaging price, when it appears to be a distinct position, is derived from the price lists which supplement these provisions and from the special conventions agreed upon with the buyer.
[2] Disposable packaging is the property of the buyer and is not collected, taken back, or disposed of by us.
[3] Devices or non-disposable packaging used to transport glass remains our property, whether reusable or otherwise, and will be billed in case of damage or destruction.

A6.   Delivery, risk transfer and acceptance of goods
[1] If delivery or shipment falls under our contractual obligation, the choice in the way and means of transport lies with us. Packaging is not done in order, but exclusively in terms of technical aspects related to transport, transport safety, production and environmental policy.
[2] Our deliveries, unless specified otherwise, are carried out under the Popeşti-Leordeni franchise, Ilfov, Romania. Once the goods are handed over to the carrier, the risks are transferred to the buyer. This rule also applies to partial deliveries. In the case of delivery with our own vehicles, the transfer of the risks to the buyer takes place as soon as the goods are made available at the location indicated by the buyer.
[3] If the shipment is delayed at the will or fault of the buyer, the merchandise is stored at the buyer’s own expense and risk. In this case, notification of intention to deliver is equated to actual delivery. Once stored, the delivery bill becomes immediately due.
[4] In case of transportation by the buyer’s own means or delivered directly by us, the handing over of the goods shall be considered carried out, at the latest, when the goods are at the disposal of the buyer, in front of the buyer, or alongside the vehicle used for collection/delivery. If, in our driver’s opinion, the area for unloading is not accessible, delivery will be made where secure, safe access, unloading and departure of the vehicle can be assured.
[5] Unloading is the exclusive responsibility of the buyer, who is obliged to provide proper equipment for unloading and any specialised workforce required in this regard.
[6] If the shipment is made by us, the buyer is required to unload the goods as soon as possible. An unloading delay of more than 4 hours will incur a penalty, invoiced separately as additional parking costs.
[7] Regarding manufactured and delivered products which do not require our assembly, the time of delivery / loading of goods is the moment of quantitative and qualitative reception of the goods. Any deficiencies subsequently reported by the buyer will not be taken into account, considering the beneficiary received them without objection.
[8] The buyer is obliged to have responsible person available to receiving the goods for delivery at the delivery / receipt venue. The empowerment and training required of the person sent by the buyer to make the reception is absolutely presumed, and the buyer can not subsequently rely on any reason related to the lack of empowerment or inadequate professional training or any other reason that would affect the validity of the reception by his or her representative or envoy.
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A7.   Reserving Rights of property right
[1] We reserve the right to ownership of the delivered products until all payments related to the delivery contract are received.
[2] The buyer is required to treat the goods, the object of the sale, with a high level of care until the transfer of ownership.
[3] Our property rights and all warranties in our favour remain valid until all claims arising from the entire commercial relationship are fully paid.
[4] We reserve the right to ownership of all deliveries until payments under our previous contracts with the buyer are received. If there is a current account relationship between us and the buyer, the reservation of the right of ownership also covers the recognised balance. The same is true if the balance is not recognised, but a “causal” balance is drawn, for example due to insolvency or liquidation of the buyer.
[5] The buyer has the right to dispose of/sell on delivered goods to third parties with the reservation of our property right within the limits of his/her a usual trade.
[6] The alienated goods are assimilated to fit into a construction, a ship or an aircraft.
[7] If this is the case, the buyer will transfer all claims arising from the resale to us. The amount to be transfered is limited to the amount of the final invoice we agreed with the buyer. We hereby accept the transfer. The buyer has the right to collect the claim as long as he / she is not in payment arrears. If this happens, we have the right to revoke the mandate to execute the claim. In this case, the buyer is required to provide us with all the information in order to be able to execute our claim against the buyer’s client. We have the right to revoke the transfer and recovery of claims when the buyer is in difficulty with regard to the payments, or if an application for opening the insolvency or judicial reorganisation procedure has been made.
[8] If our products are processed together with other non-proprietary goods, we acquire a co-ownership right in proportion to the value of our products (final invoice value, including VAT) related to the value of the other goods at the time of processing.
[9] For best results after processing, the same rules will be applied to the goods sold with the reservation of ownership.
[10] If our products are confused with other non-proprietary goods, we acquire a co-ownership right in proportion to the value of our products (the value of the final invoice, including VAT) related to the value of the other goods at the time of confusion. If, as a result of confusion, the buyer’s goods are to be regarded as the principal, the buyer will transfer the co-ownership proportionally. In this instance, the buyer manages the right to property or co-ownership for us.
[11] If the guarantees in our favour exceed the value of the secured claim by more than 20%, we are obliged to release the appropriate guarantees at the buyer’s request, the choice of the guarantees offered is ours.

A8.   Garantees and fault reporting
[1] Due to the special properties of our products and the risk of deterioration, the buyer is required to check the products immediately upon delivery. Regarding manufactured and delivered products which do not require our assembly, the time of delivery / loading of goods is the moment of quantitative and qualitative reception of the goods. Any deficiencies subsequently reported by the buyer will not be taken into account, considering the beneficiary received them without objection.
[2] Any other obligations of the buyer shall not be affected by this provision. The deviations inherent in the production process in terms of size, composition, thickness, weight and color tones are tolerances admissible within the limits of those described in the Glas Expert Tolerance Manual, European Standards in force or special tolerances and/or tolerances agreed by contract.
[3] If the buyer discovers defects in the merchandise, the merchandise can not be sold/ passed on / alienated, which means that it can not be divided, assembled or further processed until an agreement is reached regarding investigation of the complaint.
[4] The buyer is obliged to give us the opportunity to spot the alleged defect, or to make us available on request, the affected product or samples from it, to make relevant pictures of the alleged deviations or non-compliances. In case of culpable refusal, our warranty obligation is extinguished.
[5] In the case of tempered glass, spontaneous breaks may occur due to the material or the manufacturing process, a circumstance to be taken into account when choosing this glass for certain projects. Therefore, we recommend the use of additional safety glass tested by the Heat-Soak_Test. By further testing through this process, the risk of spontaneous breakage is considerably reduced, which is why we recommend the use of EVODUR HST glass. We can not assume this risk of spontaneous breakage, as this is strictly the nature of tempered glass.
[6] In the case of EVODUR glass and glass requiring heat treatment in general, there is not considered to be a defect in the surface of the glass, as this phenomenon is related to the physical properties of the product itself.
[7] In the event that the buyer wishes to claim vendor liability, it is necessary for the buyer to have properly fulfilled all of his obligations regarding the finding and claiming of flaws in accordance with the terms and conditions in the contract.
[8] The above provisions also apply in the case of delivery of a quantity greater than or less than ordered and in the case of deliveries other than those provided for in the contract.
[9] We pass on the guarantees offered by the producers without assuming any liability in this regard.
[10] If the buyer is a retailer, we have the option of remedying the defect or replacing the property affected by the defect. Additional expenses, especially in relation to transportation, labour and materials will not be borne by us, due to the fact that the goods being sold are in a venue other than the buyer’s, respectively in the venue stipulated in the contract.
[11] If the buyer is an end consumer, he / she has the option of claiming remedy or replacement of the goods in question. However, we have the right to refuse to comply with the option requested by the buyer if such an option is linked to disproportionately high costs and the our solution does not involve disadvantages for the buyer. If the attempt at a remedy fails, the buyer may claim to have the price reduced or contract rescinded. In case of a minor breach of the contract, especially in the case of minor defects / flaws, the buyer does not have the option of rescinding the contract.
[12] In the case of completed works, we have the option of repairing the defect or replacing the work.
[13] If complete replacement is seriously and definitively refused by us, if remedy of the defect or the replacement is refused by us due to disproportionately high costs, if the remedy is unsuccessful or not possible for the buyer, the buyer may exercise the option to reduce the price, or opt for recission of contract, or claim damages according to art. 10 “Limitation of Liability” within these contractual terms.

A9.   Termination of the contract
[1] Independent of the legal provisions and other contractual provisions we have the right to withdraw from the contract in the following cases:
a) in the case of technical difficulties related to the order, which makes execution impossible or significantly impedes it;
b) Our furnaces are being repaired, fire damage, a lack of raw materials and equipment, or other internal disruptions, or disruptions caused by our suppliers;
c) in the case of strikes, labour conflicts leading to cessation of activity, transport problems and in all cases of force majeure; in case of lack or loss of the buyer’s credibility, or the buyer’s inability to pay.

A10.   Final provisions
[1] To the extent that the buyer is a retailer, competence in litigation is determined by our headquarters, however we have the right to act upon the buyer and at his / her company headquarters.
[2] The place of execution of all obligations arising out of the contract, including the payment obligation, is at our company headquarters.
[3] If one or more provisions of this Agreement are, or become, null or ineffective or if there are any contractual gaps, the validity of the other provisions shall not be affected. The parties undertake to replace the nulled or ineffective provision, ie to fill the contractual gap with a valid provision producing legal effects, which is the closest to the economic purpose pursued by the replaced provision.
[4] These conditions are applicable under and in accordance with the laws recognized in Romania. In the event of litigation they shall be submitted for settlement to the competent courts.