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Terms and conditions – old

Terms and conditions represent the following meanings :
“Conditions” indicates the conditions of sale.
“Products” indicates the products we offer and which can be found in our catalogs
“Order” indicates a purchase or request for selected number of products

PRICE AND PAYMENTS

  • The price payable for the Products shall be the one expressly stated by BD d.o.o. in the Order Confirmation or, failing that, the one shown on our Products price list in force, after deducting the amount of any discount granted by us in writing. We reserve the right to change the prices indicated in the price list at any time.
  • The price of the Products shall be increased by the amount, which shall be charged to You, corresponding to any taxes or duties applicable from time to time to the sale or supply of products.
  • In respect of all sums due to us, the terms of payment shall always be essential. Unless otherwise expressly agreed in writing, no discounts, rebates, or offsets shall be allowed.
  • In the event that you are in default with the payment terms set out above, without prejudice to any other rights accruing under the law or the Agreement, BD d.o.o. shall have the right to immediately terminate the supply of additional Products under any Agreements in force at that date, without liability.
  • To all amounts remaining unpaid after the expiry of the term of payment, default interest shall be applied to the extent and in the manner prescribed by Legislative Decree no. 231 of 23 October 2002 as amended by Legislative Decree 192 / 2012 transposing Directive 2011/7/EU.
  • Orders accepted by us and confirmed cannot be changed or cancelled without our prior permission.

In view of the continuous improvement of our services, BD d.o.o reserves the right to change, the design or specifications of any of our products.

The document containing additional information about products do not form part of the Agreement, unless otherwise agreed by us in writing.

UNFORESEEABLE CIRCUMSTANCES

The execution of an Agreement and, in particular (without limiting the foregoing), the performance of any obligation of delivery, is subject to change only if agreed in writing.

Any Agreement may be cancelled by us in case an event occurs that is beyond our reasonable control, including some of the unforeseeable circumstances.

DELIVERY

  • The delivery date is the one indicated by us in the confirmation of order.
  • The delivery of the Products shall be carried out as set out in our order confirmation, and, in the absence of any specific indication of derogation, the shipment shall always be ex works at the BD d.o.o. therefore fulfills the obligation of delivery with the mere transfer of the Products to the Carrier.
  • In the event that the transportation of Products is to be borne by BD d.o.o. the latter shall have the right to choose the normally cheapest delivery method, unless otherwise agreed in writing. In the event that you require a different mode of transportation, any additional costs shall be borne by the Buyer.
  • Any delay cannot justify or authorize the application of penalties or compensation whatsoever.

PACKAGING

Product prices are inclusive of the cost of packaging, excluding any pallets which shall be invoiced to the Buyer unless otherwise agreed in writing.

LICENSES AND PERMITS

If a license or permit by the government of any kind is required for the supply, transportation or use of the Products, you shall be responsible to obtain such license or authorization (at its cost) and produce the documents proving its issuance at our request. You shall not have the right to withhold or delay payment of the price, in case of failure to obtain a license or a permit, and you shall also borne the costs or additional expenses incurred by us as a result of such failure

TRANSFER OF RISK

  • The risk of loss or damage to the Products supplied by BD d.o.o. be borne by the Buyer after the delivery or after being taken into custody by the Buyer, or, at least, in its name.
  • Ownership of the Products supplied under these Conditions shall be considered transferred upon receipt of the total amount agreed for the Products (together with any interest accrued thereon) and all other amounts due to us for products and services supplied to you on the basis of any other agreement between BD d.o.o. and the Buyer. Prior to that time, if the Buyer is already in possession of the Products, the obligation of custody of the Products shall be borne by it.
  • Any returns shall be authorized in advance by our office and transportation. Returns shall be deemed accepted only after inspection of the returned merchandise.

WARRANTY – LIABILITY

  • All products have a warranty of 24 months from the date of invoice of the goods. The Buyer shall immediately check the status of the Products at the time of delivery, losing any warranty where such verification of compliance is omitted for “Obvious defects” or for those discrepancies immediately detectable from simple inspection of the Products (e.g., defects in material, colour, integrity, etc.) Conversely, the Buyer is required to report any hidden defects (e.g. malfunctioning) that could not be detected at the time of delivery, within 8 days of discovery. In such cases, after acknowledging the defect, BD d.o.o. shall proceed with the repair or replacement of the damaged Products at its sole discretion.
  • Any liability for any loss or damage however caused, whether direct or consequential, is hereby expressly excluded. Except as provided in these Conditions, all conditions, warranties, and representations, whether expressed or implied, under the law in any way connected to the delivery or delayed delivery of goods/services, are excluded to the fullest extent permitted by law.
  • BD d.o.o. shall not be liable, either in whole or in part, of any claims for non-compliance of Products or processes with any specifications or requirements of any nature in addition to those indicated in the product sheet and its technical instructions. It is the responsibility of the Buyer to determine whether the use of the supplied Products is suitable for the purpose for which it intends to use them.
  • BD d.o.o. shall not be held in any way liable to the Buyer in the event of loss of earnings, loss of customers or agreements and any other consequential loss that the Buyer may suffer or claim to have suffered.
  • The liability of BD d.o.o. towards the Buyer or third parties pursuant to these Conditions (whether contractual or extra-contractual) shall not in any event exceed the price of the sold Products, unless otherwise expressly agreed.
  • Any defects attributable to wear and tear and/or natural and normal waste, as well as failures due to the negligence of the Customer or product misuse, improper installation or other causes not attributable to BD d.o.o. are obviously unrelated to the content of the warranty.

CEASE OF AGREEMENT

Without prejudice to other rights and remedies derived from the law or from the Agreement, BD d.o.o. may terminate any Agreement entered into with the Buyer, suspend deliveries of Products, and immediately stop the Products in transit, in the event of any of the following:

  • Non-payment by the Buyer, at the due date, of any amount due to us in relation to any agreements;
  • Breach by the Buyer of these Conditions or of any Agreement entered into with BD d.o.o.;
  • Declaration of bankruptcy of the Buyer, or your admission to other insolvency proceedings, existence of executive orders issued against you, similar action brought against you in any jurisdiction

CONFIDENTIALITY

All commercial information, drawings, shapes and specifications forwarded by us shall be considered confidential and you shall not disclose such information to third parties without our prior written consent, nor use it for purposes other than those authorized by us.

GENERAL PROVISIONS

  • In the event that one or more of the provisions of these Conditions is held invalid or unenforceable by a court or by a competent administrative body, such invalidity or unenforceability shall not affect the other provisions, which shall remain in full force and effect.
  • You may not assign or transfer in any manner, either in whole or in part, the rights arising from an Agreement without our prior written consent.
  • All notices under these Conditions shall be in writing and sent or delivered by hand or other means, with proof of delivery, at our office: BD d.o.o.
  • Our rights shall not be deemed in any way prejudiced or waived by any possible extension, forbearance, or permission granted by us and our employees or agents to you and your employees or agents.
  • These Conditions and any modifications thereof, agreed upon in writing by the representative authorized by us, contain the entire agreement between the parties.