1. General Terms and conditions
1. General provisions
1.1. These conditions apply to every order made with MyTech LTD. Other conditions are binding on us only when confirmed in writing by us.
Our deliveries, services and offers are made on the basis of the conditions set out below. They are also valid for all our future business relationships, even if they are not expressly agreed once again.
1.2. At the latest with the payment or acceptance of the goods or service by the buyer, these conditions are considered accepted. Thus, a waiver of these terms by the buyer due to inconsistency with their own commercial or general termsand conditions is void. Deviations from these terms only become valid with our written confirmation. Other's party general terms and conditions are binding on us only in cases where they have been confirmed by us in writing.
1.2. Verbal agreements before and during the conclusion of the contract require written confirmation to be valid.
1.3. Our offers are non-binding. The preliminary calculation of prices is not binding.
1.4. Calculations are made based on valid at the time of delivery rates, which were known to the parties. The price does not include value added tax (VAT).
2. 1. The agreed delivery times are calculated from the moment of exit of goods from the manufacturing plant or shipping. They do not start before the implementation of existing joint commitments by the customer, especially Nabq documents or carrying out the agreed payment.
2. 2. Force majeure and other events beyond our competence, which may bring into question the smooth execution of the contract, especially late delivery by our supplier, disruptions in production or transport, labor strikes, shortage of materials and energy, measures of state institutions such as restrictions on imports and exports, give us the right to lengthen the time of delivery, or, as listed events seriously jeopardize the contract or make it impossible, gives us the right to refuse partially or completely from the contract without we owe a penalty to the client.
2. 3. Partial deliveries and corresponding payments are allowed only in established sizes and after written confirmation from us.
2.4. Our offers, unless otherwise stated, are non-binding. Sent samples are non-binding framework data. Contracts become binding only after our written confirmation of the order or through our delivery, in which case the invoice replaces the confirmation of the order. Our oral and written technical consultations are non-binding- also with regard to the protection of the rights of third parties - and do not release the customer from the obligation to inspect our products in terms of their suitability for the given method or purpose.
The technical specifications and drawings sent together with the quotations are an integral part of them. In case of discrepancies between the content of thet text content of the submitted offer / quotation and the attached technical specifications and / or drawings as separate files, whether due to technical error or due to subjective choice of the supplier, the technical specifications and drawings sent to the Annex in writing shall be considered valid.
In the absence of written objections with the attached specifications and / or drawings from the customer regarding the mismatch of the offered product with the requested one, received before sending an order by the latter or making payment on the offer, it is considered that there is full acceptance and compliance of the offered product with the requested product.
Should the order confirmation not be in compliance with the Purchaser’s order, the Purchaser must notify the Supplier in writing within 2 days of receipt of the order confirmation. If the Purchaser fails to provide such notification of non-compliance, the Purchaser loses the right to invoke the non-compliance. In the event the Purchaser notifies the Supplier of such non-compliance, the Supplier shall, without undue delay send the Purchaser a new and correct order confirmation.
3. 1. The expedition is done at the expense and responsibility of the customer from a location specified by us.
3. 2. We assume no responsibility for the cheapest shipping.
3. 3. The export and import customs clearance costs are at the customer's expense. These are not payable if the customer is organizing the pick-up of the goods with FedEx or DHL by themselves, who offer it included in the shipping price. In any other case, the customer is obliged either to pay to us the export customs clearance costs in the amount of 45 EUR or instruct their carriers to organize it at their expense.
3. 4. Transport insurance is concluded only at the direction and on behalf of the client. All shipments are not insured by default except expressively specified by the customer. In case of damage or loss of the goods during the shipping process, we are obliged to send to the customer only the reimbursement that the shipping company sends to us, based on the carrier liability coverage for the shipped goods which is not to be confused with freight insurance.
4. Objections and Returns
4. 1. Objections on incomplete and incorrect delivery or return of obvious defects must be made in writing immediately, no later than 15 days after receipt of the goods. Mirodavna the date of receipt of the objection to us. Along with the objection should be sent and stickers on the boxes labels for content and checklists to the respective delivery. For other defects reported in writing immediately after their discovery.
4. 2. For untimely notification of objections or claims are excluded warranty claims.
4.3. For specially designed details and materials, custom ordered for the special needs of the customer we exclude any responsibility to replace or get back the ordered materials, as they can’t be used again. The customer is solely responsible for his choice of material and for the correctness of the supplied initial technical information for his order.
4.4. All products, including those produced to meet exact specifications, shall be subject to mill tolerances and variations, consistent with good mill practice in respect to dimension, weight, straightness, section, composition and mechanical properties, and to normal variations consistent with practical testing and inspection methods. The estimated tolerances provided are done in good faith and are presented without guarantee. No liability for complete correctness, actuality and full identification with the customer's tolerance requirements is accepted by the Company.
The Purchaser shall notify the Supplier in writing of any defects in the Products that have been detected upon arrival inspections, installation or use of the Products, immediately, and no later than 5 days following the delivery of the Products. Should the Purchaser fail to provide the Supplier with such notification, the Supplier shall be discharged of any liability for defects in the Products that reasonably could have been detected by such inspections.
For hidden defects that reasonably could not have been detected by such inspections, the Purchaser shall notify the Supplier in writing of the defects as soon as the defect has appeared and in no event later than 5 days after the defect appeared. The notice shall contain a description of how the defect manifests itself. If the Purchaser fails to notify the Supplier in writing within the above time limits, he loses his right to make any claim in respect of the defect.
After receipt of a written notice the Supplier shall remedy the defect. The Supplier shall be given reasonable time and opportunity for such repair or replacement and any denial of the same by the Purchaser shall discharge the Supplier from his liability.
5. 1. We give guarantees explicitly backed properties and impeccability in accordance with art. Changes in the design or implementation that we have taken before delivery of the order total for the product, do not entitle to object.
5. 2. Duration of warranty
5. 2. 1. The guarantee period for our products is as agreed in the accepted offer by the customer.
5. 3. The warranty period starts
a) at all devices with sending goods to our customer, ie now that the product has left our office, and in other cases - after installation when it is expressly stated in the tender accepted.
c) in any case, not later than six months after the shipment of goods to our customers.
5. 4. Type of security
a) The security concerns of our choice repair or replacement of the advertised item. Replaced parts remain our property.
b) advertised item is sent for repair to us or to the nearest authorized us to maintain the respective product groups. Cost of the cheapest transport there and back at our expense in cases where the claim is upheld. In other cases so true. 3.
5. 5. Actions for change or deletion of the order shall not be granted unless we are able to eliminate the damage - even through appropriate amendments to the defective product - or to replace the entire article or the improvement or replacement are considered impossible .
5. 6. The obligation to fulfill the guarantee does not apply if the supplied object is changed by a third party through the installation of parts of foreign origin, unless the fault is not in causal connection with the change. It is removed and where not followed the instructions for installing and using the product.
5. 7. From the warranty excludes normal wear and damage due to inappropriate use. We are not responsible mostly for status changes or the performance of our product because of all proportion storage, and because of weather or other influences. The warranty does not cover defects based on structural errors or unsuitable choice of material when the customer despite our preliminary guidance has changed the structure or material.
5. 8. After the repair or replacement warranty period is not renewed.
5. 9. All orders made by companies / corporations are Non-Cancellable and Non-Returnable!
5.10. Supplier’s liability does specifically not cover;
- Product defects due to general incorrect or negligent storing or use of the Products,
- Product defects due to exposure to extreme conditions, e.g. thunder, lightning, water ingress, fire, bad ventilation or other conditions beyond the control of the Supplier,
- Parts that need to be replaced due to normal wear and tear, e.g. conventional light sources, starters, and batteries,
- Failures due to compatibility issues between the products and the installation environment, e.g. control systems, power supply systems etc.
- Products that have been modified or repaired without the prior written approval of the Supplier,
- Normal maintenance and repair work of the installed Products;
6. 1. claims arising from breach of copyright reserved and we take responsibility only in cases where preserved or copyright are not or were not owned by the customer or one of its directly owned enterprise or one belonging to his by repeatedly equity participation or involvement with right out loud, the customer immediately notifies us to become known risks of infringement and (alleged) cases of violation and provide us at our request - as far as possible - of litigation (and beyond court) and copyright is published at least one lien of the types of copyrighted or the European patent Office or in one of the countries Germany, France, England, Austria and the USA.
6. 2. In our choice we are entitled to provide client distortive (mock) reserved or copyrighted product license or to modify it so that it no longer infringes reserved or copyrights, or replace it with similar article that does not infringe the copyright or reserved. S. 5. 5 applies accordingly.
6. 3. This responsibility, which regulates final responsibility for freedom preserved and copyright lapse 5 years after delivery of the corresponding article does not apply in cases where products are made according to customer specification or (quasi) violation of reserved or copyright is due to benefit from collaboration with someone else, not coming from us subject or products have been used in a way that we are not able to predict.
7. Inasmuch as these conditions are not otherwise provided for, we have a responsibility to pay compensation for breach of contractual or non-contractual obligations only in cases of willful misconduct or gross negligence.
We are not liable for any delay in performance due to causes beyond Seller’s control including, but not limited to, embargoes, blockages, delays or refusals to grant export or import licenses or the suspension or revocation thereof, or any other acts or omissions of government, fires, floods, severe weather, or any other acts of God, quarantines, labor strikes, riots, insurrection, acts of criminals or terrorists, war, material, shortages or delays in delivery by third parties.
In the event of such delay, the delivery date shall be extended for a period of time as may be reasonably necessary to compensate for such delay. Seller will not be liable for lost profits, loss of business or other incidental, consequential, indirect or punitive damages arising out of any delay. Customer agrees that, for any liability arising out of delay, Seller is not liable or responsible for any amount of damage above the aggregate amount paid by Customer for the purchase of the Parts under this Agreement.
Any delivery time for products referred to in these general terms and conditions or according to an additional contract or a specific delivery order (if any) will be considered as approximate only! We undertake to make the necessary efforts to comply with the delivery deadline, but can not be held responsible for delayed delivery for reasons for which there is no fault, including for delay due to the fault or delay of carriers, state or local authorities or other third parties, as well as due to meteorological or road transport problems or other reasons that are directly or indirectly related to the delivery.
The delivery times are calculated from the moment of full agreed payment for the goods by the Buyer and receipt by of all the necessary technical documentation required for the execution of the order. Delivery times do not start before the fulfillment of existing joint obligations by the customer, especially the acquisition of documents or the execution of an agreed payment.
In case of non-compliance with the agreed delivery deadlines in writing, the buyer has the right to give a new reasonable appropriate deadline for delivery.
The above reasonable period must be agreed in writing and mutually approved by us and the buyer, and after the expiration of this additional period, the buyer has the right to terminate the supply contract. The notion of "reasonable time" depends on the situation, including the type of goods ordered, the terms of trade, and whether the delay is due to circumstances beyond the trader's control.
Claims for compensation by the buyer for delay are inadmissible unless it is a matter of intent or gross negligence on the part of MyTech Ltd, which must be proven in the Bulgarian court.
8. 1. we supply goods disassembly can be exported to other countries only with our written consent as specified in the order. This does not apply to re-export within the common market.
8. 2. In case of violation we have the right to compensation unless and withdrawal of current orders.
8. 3. Client undertakes the export of our products to comply with the orders of the established foreign trade regime, SOSOM - decrees and US EXPORT Administration regulations.
9. Retention of Title
9.1. We reserve ownership of delivered goods until full payment of all claims arising under the contract.
9.2. The client has the right to change our products or their connection with other devices within its accords with entrepreneurial activity. On changes or related items to ensure our listed in paragraph 9.1. Requirements acquire ownership of, the client transferred us now. The client keeps free items that are our ownership. The size of the part of our co-ownership is determined by the ratio of the value of our device and the object obtained after modification or bonding.
9.3. We solve our client with the right to cancel resale in the established manner. This right shall lapse if payments are suspended. Our client now assign all accruing to him from the sale of receivables together with the accompanying rights. With this we accept this assignment. Remitted receivables serve to ensure all claims under item. 9.1. The customer is entitled to collect receivables remitted unless we cancel that power. Furthermore, the customer is obliged to immediately notify the debtor of the assignment pursuant to Art. 99, para. 4 of the CPA. The power to collect eliminated without explicit revocation if the customer suspend payments. At our request the customer immediately informs us in writing who sold the goods officially certified evidence of assignment of receivables.
9.4. The customer has the right to have items for which we have retained the right of ownership or have ownership or on claims ceded to us. The customer is obliged to immediately tells us attachment or other violations of the rights to objects / receivables, wholly or partially belong to us.
9.5. We have the right at any time to require returning the goods if the customer is delayed any payment. If we use this right, then - regardless of other binding laws - the contract is terminated when we explicitly announce it.
9.6. If the value of insurance to us exceeds our receivables by more than 20%, then in our desire and request of the customer we can give up benefits.
10.1. Payments are made under conditions established by our payments. We may match your payment to the oldest invoice matured obligations under the contract.
10.2. In default of the payment period, regardless of other rights will accrue interest for delay at the rate of 4. 5% per month on the appropriate interest rate of Bulgarian National Bank.
10.3. The customer is entitled to repayment only undisputed or legally established claims.
10.4. Invoicing is carried out normally in EURO currency. The value EURO is valid where no currency has been specified. Payments made in other currencies are converted to EUR at the exchange rate of the day of payment.
10.5. If the Purchaser anticipates that he will be unable to take delivery of the Products at the agreed date of delivery, he shall forthwith notify the Supplier in writing thereof, stating the reasons and, if possible, the time when he will be able to take delivery. If the Purchaser fails to take delivery, he shall nevertheless pay any part of the purchase price, which becomes due on delivery, as if delivery had taken place.
10.6. The Purchaser shall pay the Supplier’s invoice according to the terms of payment stated in the Supplier’s sales invoice, order confirmation or as otherwise agreed. The Purchaser has no right to make deductions in the invoice or to exercise any right of retention, counterclaims or set offs against the invoice.
11. Place of competent jurisdiction; applicable law
11.1. The place of jurisdiction is in the Republic of Bulgaria under the rules of local and tribal jurisdiction.
11.2. Applicable Bulgarian civil law.