1. GENERAL PROVISIONS

The present General Terms and Conditions (hereinafter referred to as the GTU) of the company Eurobeton dd (hereinafter referred to as the Seller) shall enter into force on 01.01.2024 and shall be valid until cancelled. Upon entry into force of these GTU, all previous general terms and conditions of the company shall be superseded. The GTU shall apply to all concluded contracts and transactions, as well as deliveries and subsequent deliveries. The GTU are part of the contracts concluded by Eurobeton dd with its Customers, and changes and deviations shall be valid only if agreed and confirmed in writing by the Seller and the Customer.

2. PRODUCT PRICE LIST

Products are sold in accordance with the current price list. The Seller delivers the Products at the prices valid on the date of shipment. Prices are expressed excluding VAT. The Seller reserves the right to change prices and GTC at any time with the obligation to promptly notify the Buyer at least 5 days before the new prices and/or GTC come into effect.

3. OFFER AND CONCLUSION OF THE CONTRACT

The Seller’s offer is based on the valid price lists and product catalogs. The validity of the offer is indicated in the offer, which includes the product name, quantities, prices, payment terms, delivery terms, parity and other commercial terms. The Buyer is responsible for the correct selection of the product type and quantity. The purchase contract will be considered concluded when the Buyer accepts the offer by means of a written order or signs the purchase contract.

4. PRODUCT DELIVERY

Products are delivered based on a written order from the Buyer. If the Buyer does not agree with the sales and other terms and conditions of the invoice, he must immediately, and no later than 3 days from the date of receipt of the invoice, notify the Seller in writing.

Unless otherwise agreed, the delivery of the Products is EXW Seller, loaded onto a vehicle. The Buyer must transport the purchased Products using an appropriate and technically sound means of transport, with the proviso that any damage to the Products incurred during transport cannot be the subject of a complaint.

The products are packed on pallets or delivered in bulk. If they are delivered on pallets, the Seller approves the return of correct pallets in the amount of 70% of the charged value within 90 days from the day of delivery. The buyer bears the costs of returning the pallets.

5. TRANSFER OF RISK

The risk of accidental failure or accidental deterioration of the quality of the product passes to the Buyer in the event of arrival to collect the product at the factory, or at the moment when the goods are loaded.

When the product is delivered by the Seller, this risk passes to the Buyer as soon as the vehicle arrives at the place of delivery.

6. ORDER CANCELLATION AND RETURN OF GOODS

Cancellation of an order and return of the Product is possible only with the written approval of the Seller. In the event of cancellation of an order and in the event of unjustified withdrawal of the order by the Buyer, the Seller has the right, in addition to the costs of the damage incurred, to charge the Buyer an amount equal to 10% of the cancelled Products. The return of the Product is possible, if the Products and packaging are undamaged, within 3 months of shipment, upon presentation of shipping documents and with the Seller’s prior approval, after which the Seller will credit the Buyer with 90% of the value of the returned goods. The costs of transportation of the returned Product are borne in full by the Buyer. Returns are not possible for Products that were specially made to the Buyer’s order and are not in regular sale.

7. PAYMENT TERMS

The Seller’s invoices are paid in advance before delivery, unless other payment terms are agreed in the offer or contract. If a discount (cassa sconto) has been agreed, it is approved and calculated only if the Buyer has no outstanding debts due to the Seller. The Seller has the right to calculate statutory default interest in the event of late payment.

The Seller has the right to request from the Buyer a bank guarantee, a promissory note or other appropriate means of security for its claims under the Agreement. In the event of non-payment by the Buyer, the Seller has the right, when collecting the delivered means of security for payment, to calculate, in addition to the principal debt, default interest and all other costs of collecting the claim. The Seller is not obliged to proceed with the execution of the Agreement, and may suspend delivery and/or terminate the Agreement if the Buyer does not hand over the requested means of security for payment.

In the event that bankruptcy proceedings are opened against the Buyer, the Seller has the right to withhold the fulfillment of the contractual obligation to deliver the Products until the Buyer has made payment for the Products or provided adequate payment security, and otherwise terminate the Agreement. The Seller has the rights from the previous paragraph also in the event that the Buyer is late in fulfilling its obligations (payment delays of more than 15 days), that the Buyer experiences liquidity difficulties, that a proposal is submitted against the Buyer for the opening of pre-bankruptcy proceedings or extraordinary administration proceedings, if any of the pre-bankruptcy or bankruptcy reasons exist, or if liquidation proceedings have been initiated. In the event that the Buyer is late in fulfilling its obligations to the Seller under any Agreement for more than 15 days, the Seller has the right to terminate the framework agreement or any subsequent Agreement without giving a further deadline, and in addition to other rights arising therefrom, it is also entitled to compensation for damages due to termination.

8. QUALITY, WARRANTIES AND GUARANTEES

The Seller guarantees the usual quality of its products, that is, the product properties that are stated in the documents or printed on the product declaration. The quality of the products is in accordance with the applicable regulations and standards of the Republic of Croatia and EU standards.
At the Buyer’s request, the Seller will provide the Buyer with all necessary written and other evidence of quality and compliance for construction products of aggregates, concrete, concrete accessories, concrete pipes and other prefabricated concrete elements.

The warranty on construction products manufactured by the Seller is:

For concrete accessories (pavers, curbs, etc.) two years from the date of delivery;
For concrete pipes, manholes, prefabricated concrete elements, two years from the date of delivery.

9. COMPLAINTS

The Seller guarantees the conformity of the Product with the properties stated in the product declaration of properties provided that the Buyer acts in accordance with the technical instructions and the Product safety data sheet. The Seller will provide the Buyer with the declaration of properties, technical instructions, the safety data sheet and other legal supporting documentation for the purchased Products.

For Products from 2. and 3rd class, we do not accept complaints, which the Buyer is previously informed about at the offer stage, and additionally in the statement accompanying the delivery of such Products.

The Buyer is obliged to inform the Seller of any visible defects immediately upon receipt of the Product. Visible defects are considered to be the delivery of the wrong quantity of Products or the delivery of Products that were not ordered, or the non-compliance of the Products with the properties stated in the product characteristics statement.

The Buyer is obliged to report hidden defects in the Product to the Seller immediately upon discovery. The Buyer may complain about hidden defects no later than 120 days from delivery.

The Seller is not liable for defects that are identified after the expiration of the warranty period starting from the date of receipt of the Product.

The Seller is not liable for improper use of the Product. Slight differences in the color of the same Product, possible lime stains, as well as minor differences in structure do not affect the quality of the Product and therefore cannot be the subject of a complaint. Lime stains are a normal and common chemical process and disappear after some time. In order to avoid possible slight differences, it is recommended to lay the product from several different pallets after delivering the entire quantity to the construction site.
The Buyer is obliged to send all reports of defects (complaints) to the Seller in writing. Each complaint by the Buyer must contain clear information about the delivered Product (Product name, order/contract code, shipping note number and carrier information) and a detailed description of the defects. In the event of a complaint, the Buyer may not use the Product that is the subject of the complaint and is obliged to return the Product that is the subject of the complaint to the Seller at the Seller’s request. The cost of returning the Product is borne by the Buyer. In the event of a complaint being justified, the Seller will reimburse the Buyer for the cost of returning the Product.

In the event that the Buyer’s complaint is timely and acknowledged by the Seller, the Seller will deliver replacement Products and/or issue a notice of approval for the price of the Product with defects. In the event of application/use of the Products that are the subject of the complaint, the Seller will deliver to the Buyer only the quantity of goods that was not applied/used. If the Buyer has installed a Product that was not timely complained about and was installed as such due to the Buyer’s mistake, the Seller will not bear the cost of removing and reinstalling the replaced Product.

In addition to the obligations from the previous paragraph, any other obligations of the Seller towards the Buyer based on complaints are excluded, as well as the obligation to compensate for damages except in the case of intent or gross negligence of the Seller. In any case, the Seller’s liability for the performance of the Agreement is limited to ordinary damage suffered by the Buyer, with the exclusion of the Seller’s liability for lost profits and non-pecuniary damage. The limitation of liability does not apply in the case of intent or gross negligence of the Seller.

10. PROTECTION OF PERSONAL DATA

The Seller collects and processes personal data in accordance with the provisions of the General Data Protection Regulation of 27 April 2016 (“GDPR”), the Act on the Implementation of the General Data Protection Regulation and other applicable regulations.

11. FINAL PROVISIONS

The Seller and the Buyer shall act in accordance with the stipulations of these GTC and shall resolve any potential disputes by agreement. In the event of inability to resolve any potential disputes that may arise between the Seller and the Buyer in the performance of these GTC, orders and contracts, the parties shall submit the dispute to the court in Varaždin.

The same does not apply in the case of enforcement due to non-payment, in which case the provisions of the Enforcement Act will apply with regard to territorial jurisdiction.

By indicating the Buyer as part of the offer, or by signing the contract/offer/order, the Buyer accepts that he is familiar with the content of these GTC, that they are clear and understandable to him, and that he fully accepts them.

Gordan Miller
Company Director