General Terms and Conditions
ENERGIJA-EKOLOGIJA-EKONOMIKA TEHNOLOGIJE d.o.o.
1. Application of the General Terms And Conditions
- The company ENERGIJA-EKOLOGIJA-EKONOMIKA TEHNOLOGIJE d.o.o. is registered in the court register of the Commercial Court in Zagreb under registration number (MBS) 080707168 with personal identification number (OIB) 78137753515, and hereinafter it shall be referred to with the abbreviation EEET d.o.o.
- The client is any legal or natural entity who purchases goods or services or a subcontractor who performs certain services for EEET d.o.o.
- These General Terms and Conditions apply to all the business relationships and constitute a mandatory part of the contract concluded between EEET d.o.o. and the client, and apply to all the business relationships EEET d.o.o. establishes with their clients.
- When the client orders works to be performed or services to be provided, they agree to the application of these General Terms and Conditions to the relationship occurring between the client and EEET d.o.o., by applying the principle of accepting the offered conditions.
- If the client had already used the services of EEET d.o.o., it shall be deemed that the client is acquainted with these General Terms and Conditions and that they agreed to their application and to all further business relationships they enter into with EEET d.o.o., even in cases when the client is not specifically provided the text of these General Terms and Conditions.
- When EEET d.o.o. enters into a special contract with its client in written form, these General Terms and Conditions shall constitute its integral part and they shall apply in the part which is not contrary to the provisions of the specific contract concluded. If there is no specific contract concluded between the client and EEET d.o.o., the contractual relationship shall be subject only and exclusively to the provisions of these General Terms and Conditions.
2. Offer, accepting an offer (order) and cancelling an order
- An offer is a written proposal for conclusion of a contract containing all the important constituents of a contract. EEET d.o.o. is bound by its offer during the deadline indicated in the offer.
- If the client declares that it accepts the offer after the expiry of the deadline, it shall be deemed that the client gave a new offer and EEET d.o.o. may or may not accept it.
- When EEET d.o.o. receives a client’s order or written or oral statement saying that the client accepts the offer, a contract occurs between EEET d.o.o. and the client whereby the client orders a delivery of the products or provision of the service, accepts the conditions from the offer and these General Terms and Conditions and undertakes to pay the price indicated in the offer. A contract shall also be deemed concluded when the client accepts a delivery of the goods or the service provided by EEET d.o.o.
- No client’s order shall be considered accepted if EEET d.o.o. does not compose an offer in written form according to that order or if EEET d.o.o. does not deliver the goods/services to the client according to that order.
- An offer is an integral part of the contract that occurs between the client and EEET d.o.o.when goods are ordered and/or services are provided or a delivery is accepted.
- Additional conditions indicated by the client in their acceptance of the offer shall only apply if EEET d.o.o. explicitly and in written form agreed to their application, and such consent shall only refer to the work for which it was given.
- The offer and acceptance of the offer/order may be given by electronic means (e-mail and other forms or textual communication), using the address and/or user data normally used by the contracting parties in mutual communication. In case of compromised security or unauthorized access to the service used, the contracting parties oblige to inform the other contracting party thereon without delay and establish the status of the orders and offers.
- If, for whatever reason, after an order has been issued, a client wants to completely or partially cancel the delivery of goods and/or services, it obliges to settle the costs of the services that have already been provided and material that has already been ordered and any damages arisen for EEET d.o.o. An order must be cancelled in writing by the person authorized for representing the client.
3. Price, payment deadline and payment
- The price indicated in the offer shall only apply to the goods/services indicated in the offer and only within the deadline in which the offer is binding for EEET d.o.o.
- If the order was received within the deadline in which EEET d.o.o. is bound by the offer, the price indicated in the offer shall apply to the delivery within the deadline indicated in the offer. If the delivery is late for any reason which cannot be attributed to EEET d.o.o., the price shall be calculated according to the prices valid on the date of delivery. This provision shall not apply if the client paid the entire amount of the order in advance.
- EEET d.o.o. may charge a price higher than the one indicated in the offer if the costs upon dispatch and/or delivery to the client increase for whatever reason or if the dispatch and/or delivery of the goods are altered or late because the client failed to deliver information, runs late with the approval of drafts and specifications and/or amends their requests, fails to ensure conditions for performing the contracted works and in other situations which cannot be attributed to EEET d.o.o. and/or which are a result of the client’s act or failure to act or an event it experienced.
- EEET d.o.o. retains the right to request, at any time, an advance payment and payment before the fulfilment of the contractual obligations, that is, immediately upon the receipt of the order.
- Payments shall be carried out cashless, and all the charges related to cashless payments shall be borne by the client.
- All the complaints related to invoices of EEET d.o.o. shall be submitted not later than within eight (8) calendar days from the receipt of the invoice. Complaints received after that deadline shall not be taken into consideration.
- The client may not withhold a payment according to an invoice issued based on an order and delivery of products, for whatever reason. A complaint about an invoice shall not affect the client’s obligation to pay the invoice in full. EEET d.o.o. and the client shall then negotiate in good faith for the purpose of resolving any complaints within thirty (30) days.
- If the client fails to make a payment in the full amount by the due date, the liability shall be subject to default interest according to the legal rate based on Croatian regulations.
4. Performance deadlines
- In case of a force majeure or sudden obstacle outside the control of EEET d.o.o. such as, for example, malfunctioning equipment, work disruptions, strike or suspension of works, additional works at the request of the client not included in the original work order, client’s delay with the approval necessary for fulfilling the work order or if the client fails to ensure conditions for performing the contracted works and a delay occurs in the fulfilment of binding deadlines for works completion, EEET d.o.o. shall immediately inform the client on the occurrence of such circumstances and extend the deadline accordingly, and EEET d.o.o. shall not be held liable for the failure to comply with the set deadlines.
- In case of an extraordinary failure to comply with the set works completion date which occurred as a fault of EEET d.o.o., the client shall be entitled to determine a suitable extension of the works completion deadline. If the extended deadline expires, and works are not completed, the client may terminate the contract in writing.
5. Dispatch / delivery
- The price does not include the delivery. The goods shall be taken over at the warehouse of EEET d.o.o., or delivered, at the client’s request, through the selected carrier or vehicle of EEET d.o.o. at the client’s risk and cost.
- Goods may only be taken over after the invoice has been settled. The goods shall only be dispatched after the payment shows up on the gyro account.
- If the ordered works need to be performed in a room provided by the client, and the client fails to ensure the conditions for performing the contracted works, EEET d.o.o. shall be entitled to increase the deadline for delivery and the invoice for the time spent.
- If, under a special agreement between EEET d.o.o. and the buyer, a different payment deadline is agreed, EEET d.o.o. retains the right of ownership to the delivered goods until all the claims resulting from the business relationship have been paid.
6. The right to retention and seizure
- EEET d.o.o. has the right to place a lien over all the items delivered to them for the purpose of regeneration or other type of servicing if the client fails to fulfil the obligation to pay by the due date, and all until the client fulfils the assumed obligations.
- This right of lien shall also apply to claims related to prior maintenance services, deliveries of spare parts or other claims arising from the business relationship. EEET d.o.o. shall also be entitled to immediately discontinue the services being performed, all until the client settles their debts.
7. Design and copyright protection
- The buyer, the client who ordered the services, the supplier and subcontractor undertake to protect the design and other copyrights to products and/or intermediate goods forwarded to processing and/or use, and not to market any product whose technical characteristics match the product bought from EEET d.o.o. within a period of 3 years from the day they purchased the product from EEET d.o.o. and/or contracted the performance of works acting as subcontractor or provider of services of processing and manufacturing of products from the product line of EEET d.o.o.
- The general warranty period for the products is one year unless indicated otherwise in the order.
- The general warranty period for the services is six months unless indicated otherwise in the order.
- The client shall take over the obligation to inspect the goods / performed services immediately after delivery. The warranty starts elapsing upon the delivery to the client or their authorized representative.
- If, after the takeover of the goods / performed services, a hidden deficiency is detected, the client shall inform EEET d.o.o. on such deficiency, without delay, not later than within 3 days from its discovery, and, in case of goods, return the goods with the deficiencies within the same deadline. The goods being returned shall be supplemented with a written description of the deficiencies, lacking which, it shall be deemed that EEET d.o.o. was not informed of the complaint.
- In any case, EEET d.o.o. shall confirm to the client that they received the complaint but it shall not take over the responsibility in case of a late or failed delivery of the notice on the deficiency, properly sent by the client, at EEET d.o.o.
- The cause of the deficiency must be related to the goods / services provided by EEET d.o.o. The suppliers shall be responsible for the supplier’s materials or services, and the warranty for deficiencies in the supplier’s material or services is excluded.
- In removing the detected deficiencies based on a complaint, EEET d.o.o. may choose: to remove the deficiency, to deliver a replacement part or reduce the amount charged for working hours and spare parts for the repair.
- Warranty rights shall not apply is the client and/or third party performed the works to remove the deficiency without prior approval of EEET d.o.o., unless these are works that are utterly necessary to be performed due to an emergency and/or to prevent the occurrence of greater damage, that is, to protect human lives.
- All warranty rights shall cease if the deficiency was caused by negligence or non-observance of the instructions for use, maintenance or other official instructions.
- The warranty on renewed / used parts shall apply according to the conditions offered upon each particular work.
- EEET d.o.o. shall not provide a warranty for improvised repairs, installed or performed at the client’s explicit request.
9. Liability for damages
- Unless these General Terms and Conditions state otherwise, EEET d.o.o. shall not be considered responsible for damages caused by sold products and/or provided services as a result of circumstances outside the control of EEET d.o.o.
- EEET d.o.o. shall only be held liable in case of gross negligence or a wilful act, up to the value of the order.
- If an accident happens during the use of the products / services delivered by EEET d.o.o. and causes damage, the client shall, in addition to the competent services, immediately inform EEET d.o.o. and wait with the removal of consequences so as to enable the representative of EEET d.o.o. to examine the condition after the occurrence of the damage. If the client fails to fulfil this obligation, the warranty shall not apply, and EEET d.o.o. shall not accept any kind of responsibility for the damage.
- The client is responsible toward EEET d.o.o. for all the damages caused by their authorized persons and representatives.
- There shall be no liability of EEET d.o.o. to compensate indirect or consequential damages such as, for example, but not limited to, lost profit or earnings, except in the cases when the damage is caused by a wilful act or as a consequence of a gross negligence on the part of EEET d.o.o.
10. Governing law and jurisdiction
- In case of a dispute, EEET d.o.o. and the client undertake to resolve the dispute through negotiations and agreements.
- In case of dispute, the parties agree on the application of the valid regulations of the Republic of Croatia. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
- If the contracting parties fail to resolve the dispute through negotiations within 3 months from the time one of them contacted the other proposing to resolve the dispute, the contracting parties shall try to resolve the dispute within the framework established by the Act on Mediation and the relevant rules on mediation, and by initiating mediation proceedings at the Mediation Centre of the Croatian Bar Association. The mediator shall be appointed by the Centre’s president. The mediator shall be appointed by the Centre’s president.
- The negotiations and the mediation shall take place in Zagreb.
- If the parties fail to resolve the dispute through mediation, the locally competent court in Zagreb shall have jurisdiction, even if the client is seated outside the Republic of Croatia or if the court is unfamiliar with the client’s official seat or place of residence at the beginning of the proceedings.
11. Final provisions
- Should one or more of the provisions become void, for whatever reason, it shall not affect the validity of the other provisions. The contracting parties agree to have the void provision replaced with a provision which is as similar as possible to the commercial purpose of the invalid provision.
- The titles are provided for practical purposes only and bear no material meaning.
- These General Terms and Conditions shall come into force on the day of their publication on the web pages of EEET d.o.o. at http://www.eeetehnologije.com.
These General Terms and Conditions came into force on 24.08.2017.
Energija-Ekologija-Ekonomika Tehnologije d.o.o.
dr.vet.med. Teodora Fort Mlakar