GENERAL TERMS AND CONDITIONS OF SATLER okna in vrata d.o.o.

I. INTRODUCTION

Article 1

These General Terms and Conditions govern the rights and obligations between the Seller (SATLER okna in vrata d.o.o.) and Client which are not specifically governed by the quote and which contain provisions on the company name and headquarters of the Seller, price, conditions of payment, delivery and installation, warranty, claims and resolution of disputes.

 

Article 2

In the event that the General Terms and Conditions of the Client differ from the General Terms and Conditions of the Seller, the General Terms and Conditions of the latter shall apply unless expressly agreed in writing by the Contracting Parties that the General Terms and Conditions of the Client are to apply.

 

II. BASIC COMPANY INFORMATION

Article 3

Company name: SATLER okna in vrata d.o.o.
Headquarters: Mestni trg 5c, 3210 Slovenske Konjice, Slovenia
Registration number: 3337260
VAT identification number: SI40068382 (taxable person)
Transaction account: SI56 0600 0098 7090341
Share capital: EUR 700.000,00
Registered in the Company Register under the following reference number: Srg 2008/21863 of 30 May 2008

 

III. QUOTE

Article 4

The Seller shall draw up a quote on the basis of measurements carried out by a person authorised thereby to perform this task. The Seller shall thus be liable for the dimensional adequacy of the builders' joinery and installation. For new construction projects, the benchmark shall be included on the measurement sheet.

 

Article 5

Insofar as the measurements are carried out by the Client, the Seller shall not be held liable for any errors stemming from erroneous measurements. The Client shall bear expenses arising from erroneous measurements in full. In case of an error made by the skilled operator of the Seller during the measurement process, related expenses shall be borne by the Seller. The Client shall not be entitled to a reimbursement of expenses resulting from untimely and incomplete performance of works on the agreed upon date of installation. The error shall be rectified by the Seller as soon as possible.

 

Article 6

Quotes are to be considered as indicative.

 

Article 7

Prior to accepting the quote and confirming the order, the Client shall thoroughly examine the quote (drawings and data) and, in case of any doubts, demand additional explanations from the Seller. No further explanations may be demanded after a quote has been confirmed or a contract concluded or delivery carried out and all that shall not be subject to claims. If the requirements of the Client prove unacceptable for the Seller in professional terms and attention of the Client has been drawn thereto, but the Client has nevertheless insisted on them, the Seller shall be exculpated from any liability for damages. In case of requirements of the Client that fail to comply with professional standards, the Seller shall reserve the right to revise the warranty period of its products.

 

Article 8

A quote shall be deemed to be accepted or an order confirmed by:

• a confirmation of the quote – order in writing,
• advance payment,
• submission of security,
• signing of the contract,
• performance of agreed upon contractual obligations,
• any other implied actions if the Client and Seller are permanently affiliated and if such actions are deemed by the Seller to be relevant.

In all these cases, the Client shall be deemed to have thoroughly examined the content of the quote that complies with its requirements and to be acquainted with the General Terms and Conditions of the Seller. All agreements, quotes and confirmations between the Client and Seller shall be rendered in writing. Any additional verbal agreements shall be invalid unless subsequently confirmed in writing.

 

Article 9

The Client shall hold the right to revise data that affect the ordered goods no later than 1 day after accepting the quote or confirming the order but exclusively in writing. Upon the expiration of that period, modifications shall either not be recognised or all related expenses shall be borne by the Client.

 

Article 10

The quote shall be valid for 15 days or until the date listed thereon or until the deadline stipulated by the Seller.

 

IV. PRICES

Article 11

Prices are set out in Euros. Prices per unit do not include VAT. VAT is listed and calculated separately.

 

Article 12

The standard rate of VAT is 22 %.

The lower rate (9.5 %) shall be levied for construction services (disassembly and installation of elements) rendered on residential properties owned by natural persons, if the property is intended as a permanent residence and, in case of an apartment building, if the effective surface area does not exceed 120 m2, and, in case of a single-dwelling building, 250 m2.

In such a case, a declaration shall be completed. By signing the declaration, the Client warrants the authenticity of data provided. Taxable persons seeking to claim a reduced VAT rate (9.5 %) shall make an appropriate declaration.

 

V. CONDITIONS OF PAYMENT

Article 13

Conditions of payment of the Seller

• OPTION 1: Payment within 15 days after installation or dispatch.
• OPTION 2: 50 % advance payment upon order, 50 % within 15 days after installation. A 1.5 % rebate on the value of the entire quote is granted.
• OPTION 3: 100 % advance payment upon order. A 3 % rebate on the value of the entire quote is granted (not in case of payment via the Slovenian Environmental Public Fund).
• OPTION 4: Interest-free credit: arrangements for both clients and non-clients of Banka Celje can be made at any of their branches in Slovenia without credit granting costs. Credits for a period from 3 to 24 months on the basis of a quote of Satler okna in vrata d.o.o. can be arranged. In such a case, no rebate is granted. An interest-free credit can be granted for amounts starting at EUR 1,200.00.

All arrangements for an interest-free credit can be made quickly at any branch of Banka Celje where credits can be granted. The credit is repaid via standing debit orders from the holder's personal account or via the payer of remuneration.

In addition to validated documentation, the borrower shall also prove creditworthy. As a rule, the monthly instalment may amount to a third of your monthly remuneration, in certain cases also more.

A list of branches and documentation can be accessed on the website of Banka Celje – Where to Find Us (http://www.banka-celje.si/en/about-the-bank/where-to-find-us); required documentation, in Slovenian (http://www.banka-celje.si/osebne-finance/krediti/kreditna-dokumentacija).

• OPTION 5: Secure payment by means of an irrevocable bank guarantee that the seller receives upon order. Payment is made within 15 days after installation or dispatch.

Transfer the purchase price to the following transaction account of SATLER okna in vrata d.o.o. Number SI56 0600 0098 7090341, reference number: 00 and the number of the Pro Forma Invoice or invoice. The purchase price can also be paid directly to SATLER okna in vrata d.o.o.'s accounting department at the company's headquarters at Mestni trg 5c, 3210 Slovenske Konjice, Slovenia.

Delay of payment is subject to default interest at the statutory rate and a debit note for all rebates granted.

 

Article 14

The Client shall hold the right to reject the invoice within 8 days following receipt. Failing to do so, the Seller shall deem the invoice fully accepted by the Client. The Client shall pay the purchase price in compliance with the agreed upon conditions of payment and by the deadline arising from and shown also in the content of the quote/Pro Forma Invoice or invoice. Failing prompt payment or in the event of non-payment, the Seller shall hold the right to demand the payment of default interest at the statutory rate or default interest at the rate agreed upon with the Client, which shall be payable from the due date until the date of payment and not to grant the rebates agreed upon in the quote or contract for failure to comply with the conditions of payment of the Seller.

 

Article 15

Payments shall be made only to the transaction account of the seller SATLER okna in vrata d.o.o. or directly to the accounting department of the company. Representatives, agents and installers are not authorised to receive the purchase price (funds).

 

Article 16

The Seller reserves the right to revise product prices without prior notice in case of revision of the price list of the Seller or increase in raw material prices.

Upon agreement with the Seller, additionally ordered works which are not included in the quote and which are ordered by the Client during the installation process (e.g. finishing slats, masonry finishings, removal of old windows and doors, removal of a part of a wall, siliconising, etc.) shall also be charged. If the Client orders additional masonry, this shall not include painting.

 

Article 17

If builders' joinery is installed in two parts upon the Client's request, additional transport expenses shall be charged. A separate invoice shall be issued for each installation. The risk of damage to elements stored by the Client during installation shall be borne thereby.

 

Article 18

In the event of non-payment or failure of the Client to perform their obligations, the Seller shall retain the right of ownership even after the goods have been delivered to the Client until the purchase price has been paid or the obligations of the Client have been performed in full. The Seller shall hold the right to take the goods back (applicable to non-installed elements in full) without breaching its contractual obligations. Confiscation of goods can also be subject to irrevocable contract termination. Following confiscation, the Seller is authorised to realise the value of the goods and to charge the Client with the difference vis-à-vis the full value including any additional sales expenses. Until the purchase price is paid in full, the goods shall be handled by the Client with due diligence.

 

Article 19

In compliance with the provisions of the preceding article, the Seller reserves the right to take back the goods (non-installed elements in full, installed elements: casements) in case of a breach of contractual provisions, which shall refer to non-payment or failure of prompt payment in particular. The Client shall provide unimpeded access of the Seller to these elements and allow the removal thereof. In case elements for which the purchase price has not been paid have already been installed, the Seller reserves the right to be reimbursed for all the benefits the Client has had with regard thereto. This shall not constitute a breach of contractual obligations. The Client hereby waives all claims in relation thereto.

 

VI. DELIVERY AND INSTALLATION

DELIVERY

Article 20

The delivery period shall commence in compliance with Article 8 hereunder and shall be laid down by the Seller by taking into consideration supply/demand and current manufacturing load. The general delivery period is 4 to 8 weeks or the period agreed upon in the quote between the Seller and Client in writing. The Client shall be notified by the Seller via telephone or in writing of the delivery or installation period no later than one day prior to the date on which the goods can be collected or installation is due to commence.

 

Article 21

The delivery period shall be extended in the following cases:

• force majeure,
• material-related issues,
• Client-related grounds.

Article 22

If the delivery period has not been met due to Seller-related grounds (except for grounds referred to in Article 21), the Seller and Client shall agree upon a reasonable extension thereof without reimbursement of damages resulting from delayed delivery, unless otherwise specified in the contract. Irregularities shall be rectified by the Seller as soon as possible.

 

Article 23

If the Client seeks to collect and take away the goods they have ordered by themselves, they can do so at the production facility of Satler okna in vrata d.o.o. on all working days between 7 AM and 2 PM. Ordered goods can be collected and taken away by prior arrangement made no later than one day beforehand. In such a case, collected goods shall not be replaced or returned to Satler okna in vrata. If the Client installs the builders' joinery by themselves, the Seller shall not be held liable for any repercussions of unprofessionally carried out installations or injury incurred during transport.

 

Article 24

The obligations of the Seller under the contract shall enter into force after the Client has performed all their obligations. If the Client rejects or fails to perform their obligations within a reasonable period of time, the Seller shall hold the right to withdraw from the contract and to demand reimbursement for all damages incurred. Liability for goods ready for dispatch shall be transferred to the Client one day following notification by the Seller.

 

Article 25

The Seller reserves the right to revise the manufacturing of windows and doors in case of construction-technical details that differ case by case and do not impact the functionality whatsoever. If the Client orders the wrong product or withdraws from other mutual obligations, the Seller shall hold the right to demand reimbursement of expenses incurred, including any additional expenditure. Wrong products (if the order of the wrong product is Client-related) cannot be returned.

 

Article 26

Upon taking over the goods (delivery, installation), the Client shall inspect them, identify any shortcomings or defects and immediately list them on the delivery sheet or a claim may be made for the shortcoming or defect within 8 days following taking over of the goods. In case of damage incurred by the glass (breakage) upon taking over of windows and doors, the claim shall only be taken into account on the basis of a written statement made by the Client upon taking over the goods. Any subsequent breakage which has not resulted from transport or installation by the Seller of builders' joinery and which has been caused by a third party or the cause of the breakage is unknown shall not be subject to a claim.

 

INSTALLATION

Article 27

The Client shall be notified of the fixed time and date of installation on time and thus it cannot be arbitrarily moved thereby without the consent of the Seller. The Client shall be present during the installation either in person or by a proxy (in the possession of a written authorisation) and take over the goods. After installation is completed, the Client shall inspect the facility jointly with the head of the installation team and sign the handing-over protocol. If any shortcomings are identified, they shall be immediately listed therein, otherwise the goods shall be deemed to have been taken over without any shortcomings or defects. Before the installation, the Client shall draw the attention of the installation team and Satler to any obstacles (plumbing, electrical installation, etc.). Failing to do so, they shall bear any expenses related to damage incurred as well as expenses related to delays. During the installation, the Client shall provide free access to the facility and free-of-charge 220 V voltage; unless otherwise specified in the contract, also ladders, scaffoldings and a lift; if installation takes place a longer period of time, they shall also provide a lockable room where tools can be kept.

 

Article 28

The Client shall verify and harmonise all plans, drawings and other details in situ with the responsible installer and familiarise themselves with the course of works, as these cannot be subject to a claim and shall be debited to the Client after elements have been installed.

 

VII. WARRANTY AND DEFECTS LIABILITY GUARANTEE

Article 29

PVC, ALU, TIMBER and PVC/ALU and TIMBER/ALU builders' joinery are manufactured in compliance with norms and standards and certified. Products manufactured by SATLER okna in vrata d.o.o. thus have the following workmanship and installation warranties:

25 years

• artificial stone windowsills resistant to any kind of weather conditions, acids, alkali, salts and UV rays and which do not absorb water.

15 years

• interior Topali windowsills resistant to temperature ranging up to maximum 180 degrees Celsius, UV, wear and wall moisture.

10 years

• colour resistance of white PVC profiles and wood grain colour profiles
• safety glass, airtightness and non-formation of mist in the cavity
• functionality of the sash (rotatable/tilting) (WINKHAUS, activPilot type)
• Obst door fillings
• white Hurst door fillings

5 years

• colour resistance of powder coated or anodised Heroal aluminium profiles
• colour resistance of aluminium blinds
• colour resistance of aluminium windowsills
• functionality of front door hardware, tilt-sliding and lift-sliding doors
• colour resistance of white Artdor and Grad-Export fillings and colour finish (Future, Elite) Grad-Export fillings
• glazing (formation of condensation between panes). The warranty period shall expire after 5 years in any case. (Individual works with any subsequent replacement of glazing shall be debited to the Client and shall not be subject to a claim. The warranty shall not include condensation formed on the glazing exterior, differing colours of the same glazing that can result from differing glazing sizes, differing dates of delivery or differing light interference.)

2 years

• functionality of shades (blinds, Venetian blinds, shutters) if instructions for use and maintenance are complied with
• Artdor colour finish door fillings
• hardware pertaining to tilt windows opened with a handle

1 year

• electrical supplies
• colour resistance of PVC blinds (strips)
• suspension that powers the device for rolling up corded blinds and mono command
• colour resistance of brass hardware
• all other materials not listed above

Warranty shall not be applicable to mechanically incurred damage or bruising after installation or delivery. Warranty shall not be applicable to the materials listed above in case of exposure to aggressive agents (acids, salt).

Products for whose defects the Client is liable shall not be returned.

The warranty sheet shall be presented to the Client including the invoice after works have been completed.

 

Article 30

The Client shall make a claim on the basis of having properly performed their obligations, namely that:

• products have been inspected immediately upon taking over,
• a claim to have the issue remedied is made immediately,
• the claim includes proof (a copy of the handing-over protocol, photographs, photocopy of payment).

The Seller shall notify the Client of the admissibility of its claim within 10 days after it has been made.

 

Article 31

Warranty no longer applies following:

• any repairs made to the products by an authorised person when a claim is made,
• cleaning and maintaining windows and doors with prohibited cleaning agents or cleaning agents not approved by the manufacturer,
• failure of the Client to properly perform their obligations.

Article 32

The Seller shall, within no later than 60 days from the date of a written request to have the issue remedied:

• remedy any defects on the goods if applicable, or
• grant a credit or replace the goods.

Any further complaints of the Client on any basis are excluded unless otherwise mutually specified in advance.

If the Seller fails to perform their material obligations by its fault, reimbursement for injuries or damage incurred by people or property shall be limited to the insured sum.

Restrictions to the warranty shall also apply to any other warranties for damage irrespective of the formal admissibility of complaints.

The above mentioned provision shall not be applicable to initial failure to comply with requirements, to responsibility in relation to product deficiencies and to complaints in compliance with the Consumer Protection Act.

If the Seller delivers goods manufactured by another manufacturer to the Client, it shall not be held liable for any damage arising therefrom or deficiencies.

In case of a disclaimer or warranty of the manufacturer, this restriction shall also refer to liability of employees and people involved in the sales-reseller network of the Seller.

 

VIII. RESOLUTION OF DISPUTES

Article 33

In the event of a dispute between the Seller and the Client that the two contracting parties fail to resolve themselves, it shall be initially resolved by means of extra-judicial mediation. Failing to find a common solution thereto, it shall fall under the jurisdiction of the competent court in Slovenske Konjice.

 

IX. GENERAL PROVISIONS

Satler okna in vrata, d.o.o. reserves the right to revise its leaflets, catalogues, price lists, drawings, calculations and related documents (that do not directly impact the product) without giving prior notice or drawing the attention of the Client thereto.

General Terms and Conditions of SATLER okna in vrata, d.o.o. shall enter into force on 1 August 2013.

 

CEO:
Valter Satler