General Terms and Conditions

of IVIL-I Ltd. (the Company)

  1. Area of Application
  2. The following General Terms and Conditions of sale, delivery and payment apply to all contracts, deliveries and other services, including the provision of information and advice.
    1. The General Terms and Conditions apply to all future contracts with the client of the Company, as well as for future deliveries to the client and other services.
    2. The General Terms and Conditions of the client do not apply to the Company, unless they have been recognized in writing by the Company.
  3. Signing a Contract

    An order by a client is considered to be accepted by the Company when the client has confirmed the order or has received the delivery. The negotiated volume for delivery and/or services is determined by the content of the order confirmation, and when such a confirmation is missing – by the issuing of a delivery receipt or a Company invoice. In case the content of the delivery is different from the order, the consent of the client is considered to be granted provided that the client does not object by registered letter within 4 days upon receiving the goods.

  4. Prices

    The net minimum order value is 30.00 BGN.

    The quote issued by the Company is valid for 4 weeks. After this period expires, the prices that apply are the ones according to the price list of the Company at the time of delivery. In case no special offer has been made to the client, the prices that apply are those on the price list on the day of delivery. Prices are based on the currently valid calculation. Value-added tax (VAT) is not included in the price and is calculated according to the legal requirements separately within the invoice. An increase in the price of the base materials or costs, an increase in the prices of the suppliers to the Company, as well as an increase in the tax rate by the legislature allows an increase in the negotiated price by the Company.

  5. Payment terms
    1. Invoices, issued by the company are payable within a 14-day period, and when paid by the client within 7 days from the issue date of the invoice, a 2% discount is guaranteed, unless a separate commercial discount has been negotiated, while after 15 days, a late payment interest is accumulated on top of the price. The sale price is due immediately in case the client is in arrears for payment of other obligations to the Company.
    2. The interest for late payment amounts to 1% per month on the amount due for the period of delay until the date when the payment is received.
      All arrangements for a deferred payment are valid only in case such an agreement is expressly made in writing. In case of non-compliance with the agreed deadlines for a deferred payment, the Company has the right to demand immediate payment of the entire amount due.
    3. When the client is in arrears or is in a process of liquidation or has gone bankrupt, the entire amount due becomes due immediately, even if prior to the occurrence of some of the aforementioned events the Company had agreed to a deferred payment. In those cases, if the payment is not made immediately, the Company has the right to take back the purchased goods and the client has no right of retention.
    4. The payment due date does not change regardless of claims filed by the client for payment of damages, guarantees, etc. In case of demands for exchange of the ordered goods by the client, the latter does not have the right not to pay for the ordered items or to keep them.
  6. Delivery terms
    1. Our delivery obligations are understood as reserving the right for a complete and correct “delivery only”, unless the delay or non-delivery is through our fault.
    2. In the case of custom manufactured items, a deviation of +/- 10% from the negotiated quantity is allowed and this increase or decrease will be reflected in the invoice.
    3. The Company reserves the right to change the dimensions of the delivered goods within the usual deviations for the market, unless it has explicitly confirmed that it will keep the exact dimensions.
    4. The Company has the right to carry out deliveries in parts.
    5. The right of ownership is transferred to the client at the moment when the goods are delivered to the client.
    6. In case of delay in accepting the delivery of the ordered goods through a fault of the client, the risk is transferred to the latter at the moment when the Company has notified him/her about the delivery.
    7. In case of purchase orders with a net worth of more than 100.00 BGN, the transport cost for delivery is waived.
      The delivery method is chosen by the Company. In case of purchase orders with a net worth of less than 100.00 BGN, the regular transport and packaging costs are charged and/or the negotiated commercial discount is reduced by 2%. The external packaging is charged at its cost and is not returned except for the case of EURO-pallets.
    8. Express deliveries are sent at the expense of the recipient.
    9. Each invoice includes a “delivery of goods” as the last item with a certain amount.
  7. Deadline for delivery
    1. The deadline for delivery is approximate and non-binding. The obligation for delivery on the part of the Company is not in force when the client is in arrears for payments that are due or for other obligations to the Company. If the client is in arrears for a payment by more than 30 days or has been sequestered or his property/financial situation has significantly deteriorated, the Company has the right to withdraw from all outstanding contracts for delivery or to require advance payments. In those cases, any claims by the client against the Company due to incurred damages and consequences because of the delay are completely excluded.
  8. Reserved right of ownership
    1. The goods, subject to delivery by the Company, remain the property of the Company [PD1] until the complete payment of all the obligations of the client, regardless of the basis on which they have arisen or may arise. If the client pays by check or a promissory note, the obligations towards the Company are considered fulfilled only when those documents have been cashed. In the case of reserved right of ownership over the goods, the client is required to insure the goods delivered to him/her against fire or theft. Goods that have not been paid in full may not be resold, left as a deposit, or pledged as a security.
      If a bailiff wishes to seize the delivered goods, the bailiff needs to be notified about the right of ownership of the Company, indicating the name and exact address of the Company. The company must be notified immediately of any sequestration. If the delivered goods are sold against the prohibition of the client, then the reserved right of ownership of the Company extends to the receivables of the client, arising from this sale. As soon as a receivable is transferred to the client from a third party, that receivable is considered irrevocably conceded to the Company and the client is obliged to notify his/her client at the request of the Company, and the reserved right of ownership is fairly extended.
  9. Warranty, indemnity, civil liability of the manufacturer for the product
    1. The delivered goods must be carefully inspected immediately by the client as stipulated by the Obligations and Contracts Act and any identifiable deficiencies must be described in detail in the delivery note. By completing this action all other claims, and in particular claims for damages, are relinquished. If a careful inspection cannot be carried out at the time of acceptance, this circumstance must be recorded in the delivery note. Defects that can be identified during a subsequent inspection must be claimed in detail in writing within 4 days from the date of delivery.
    2. If the delivered goods are defective or if defects are found within the warranty period, the Company will repair or replace them within a reasonable time, and the decision whether to repair or replace the goods will be made by the Company. No other possibilities, in particular a reduction in the amount due, exist.
      Natural wear and tear, unprofessional handling, overload, negligence and alterations of the goods without the consent of the Company void all warranty.
    3. Beyond the warranty period, the Company is not liable with regard to the product for any subsequent damages from defects.
    4. For any claims by the client against the Company, the client agrees that he/she is entitled to claims only in accordance with these terms and conditions and only to the extent that the Company is entitled to claims against the company-manufacturer of the respective defective product.
    5. If an order is made on the basis of a client's specification, which deviates from the standard version of the available range of products offered by the supplier Company, the implementation is carried out without any responsibility on the part of the Company with respect to the load-bearing capacity of this special implementation at the risk of the client. In addition, the Company does not have any obligation to warn, verify or declare the suitability or load-bearing capacity of this special implementation for certain areas of application. Any claims for damages, in particular subsequent damages from defects, are excluded.
    6. For fasteners with a galvanic coating that have been upgraded to a strength class of 10.9 or higher, there is a risk of hydrogen embrittlement. Also in the case of a subsequent thermal treatment, a residual risk cannot be ruled out. The resulting reduction in load-bearing capacity is explicitly indicated. That is why such coatings are made only at the request of and at the risk of the client. In this case, any warranty claims or claims for damages against the Company are excluded.
  10. Returns
    1. Returns of delivered goods to the Company may be made only upon the express written consent and under conditions determined by the Company in advance. In any case, the return must be made ex-warehouse of the Company, at the risk of and at the expense of the client. No returns are possible for custom designs.
  11. Location of execution, place of jurisdiction, applicable law
    1. The city of Sofia is considered to be the agreed location where the delivery is to take place.
    2. The respective competent court in the city of Sofia is considered to be the agreed place of jurisdiction.
    3. The current Bulgarian legislation is applicable. Provisions based on international trade law agreements do not apply.