APPLICATION SCOPE These delivery terms are used in transactions between AS Pumeko (hereinafter referred to as the Contractor) and its clients (hereinafter referred to as the Client) within the territory of the Republic of Estonia.
TRANSACTION PROCEDURE The offer presented by the Contractor to the Client based on the order submitted by the Client remains valid for the period indicated in the offer. If the offer does not specify its validity, it is valid for 21 days from the date of receipt of the offer by the Client. Drawings, calculations, and other documents related to the offer are the property of the Contractor. The Client (recipient of the offer) is not entitled to use them without the Contractor’s permission or to provide the information contained therein to third parties. A contract based on the price quotation is considered to be in force once the Client has accepted the order based on the Contractor’s offer. By confirming the order, the Client agrees with the data provided in the order, which is final and cannot be changed.
BASIC CONDITIONS OF DELIVERY FULFILLMENT 3.1. Delivery Time Unless otherwise agreed, the delivery time begins counting from the latest of the following events: The day the contract becomes effective; After the total price of the goods has been paid to the Contractor; Upon the receipt of essential information necessary for the delivery by the Contractor. 3.2. Delivery Condition The default delivery condition is EXW Heina 33, Tallinn, Harju County 10319. In the case of installation by the Contractor, the Client is obligated to prepare openings according to the dimensions and tolerances provided in section 42.51 table 42:T3 “Wall Openings” of “TarindiRYL2000 Structural and Balustrade Structures” (for quality class “2,” the maximum allowable deviation for the wall opening dimension is +/-5 mm). For the safety of door installation and the quality of work, the Client must prepare the floor surface with a tolerance of +/-5 mm in a measurement length of 1 meter in the door installation zone before the door is installed. The installation zone is considered to be the area inside the building, with a width equal to the width of the door opening and a depth equal to the height of the door opening + 2 meters. 3.3. Responsibility The responsibility for the preservation of the goods is transferred to the Client upon delivery or to the carrier of the goods, unless otherwise agreed. For fire-resistant products supplied by the Contractor, the Client, in case of their lock and closing system installation, must use products with an equivalent fire resistance class as the supplied goods. The Contractor is not responsible for changes in dimensions or constructions of structural openings due to unforeseen circumstances that arise after the dismantling of the existing fillings, which include subsequent alterations. The Contractor is not responsible for damages to the jambs of the openings occurring during the dismantling and installation of fillings, nor does the Contractor perform their finishing, including plastering. The Contractor is not responsible for damages to electrical systems and other communication routes (water, gas, sewage, etc.) that occur during the dismantling and installation of fillings if the Client has not provided the Contractor with project documentation indicating the location of electrical systems and other communication routes near the opening. 3.4. Warranty The sold goods are subject to the warranty terms of the Contractor, unless otherwise agreed. The warranty terms do not apply to locks and closing systems removed from doors procured, installed, or used by the Client. 3.5. Characteristics of the Goods The Contractor is responsible for the quality and other characteristics of the goods to the extent defined in the contract and in other information provided in writing by the Contractor that is related only to this transaction. The quality of materials and products used by the Contractor complies with the requirements of the manufacturer’s factory products. The product requirements are specified in the manufacturer’s “Declaration of Conformity.” The Contractor does not guarantee the exact color tones and surface structures of their products if these differences are caused by changes in materials and technologies by suppliers of materials and components. When ordering fillings with color surfaces that need to be identical to products produced in previous periods, the Client has the right to examine material samples characterizing the color surface. For metal door leaves, the permissible uniform curvature of the outer and inner sides in relation to the vertical and horizontal axis of the door leaf is 3 mm for glued door types and 6 mm for unglued door types per 500 mm. The Client is responsible for the accuracy of the conditions of use of the goods. WARNING! The product and its fixing elements conduct electricity and may come into contact with electrical voltage after the completion of installation work. It is recommended to ground the product after installation by an electrical company. 3.6. Transaction Price The transaction price is the price agreed upon between the Client and the Contractor and expressed in the order signed by them. 3.7. Payment Deadline The calculation of the payment deadline starts from the date of the invoice issuance by the Contractor unless the parties have agreed otherwise in the contract. 3.8. Payment Guarantee and Advance Payment In the case of an agreed advance payment, the payment must be made before the commencement of manufacturing for custom-order goods. Even after receiving a payment guarantee or advance payment, the Contractor has the right to demand the full contract amount if there is reasonable grounds to believe that the full contract amount or a part of it will remain unpaid by the Client. 3.9. Complaints and Remedies for Defects Upon accepting the goods, the Client is obliged to inspect the goods and note defects/damage on the CMR, waybill, or acceptance certificate of the work. Surface damages (dents, paint defects) that are not visually noticeable from 1-2 meters away under backlit conditions are not considered defects of the goods. If defects in the delivered goods arise during the warranty period, the Client is obligated to inform the Contractor in writing immediately, but no later than within 5 working days from the discovery of the defect. Visual material depicting the damages should be included with the written notification. In such a case and provided the defect has not arisen due to the Client’s action or inaction, the Contractor is obliged to rectify the defects of the goods at no cost. 3.10. Delivery and Storage of Goods The Client is obligated to accept the ready goods at the agreed time and place. Goods ready for handover to the Client are stored at the Contractor’s factory, Heina 33, and the Client is obligated to collect them at the agreed time. 3.11. Storage of Goods After Order Handover After receiving the goods, the Client must follow the storage conditions of the goods. Galvanized and painted components must not be stored outdoors tightly packed, not for more than one week. Products must be protected from direct sunlight and precipitation; avoid water and moisture accumulation between components. The products should be stored at least 20 cm above ground level. For longer storage, follow the storage guidelines for galvanized components – the components must be separated from each other and create an air gap. In the case of packaging damaged by moisture (including condensed moisture), tapes, films, and paper should be removed within one week.
FORCE MAJEURE The Contractor shall not be held liable for the non-performance or improper performance of contractual obligations due to circumstances beyond their control (Force Majeure). Even if fulfilling the contract would require expenses that are excessive compared to the benefit derived by the Client, the Contractor is not obligated to fulfill the contract in the event of Force Majeure. The Contractor is not obligated to compensate the Client for damages resulting from non-performance of the contract due to Force Majeure and may terminate the contract.
LIABILITY FOR DAMAGE CAUSED BY THE GOODS The Contractor is not liable for damage caused to third-party movable and immovable property by the goods if the goods have been handed over to the Client.
TRANSFER OF OWNERSHIP OF THE GOODS Ownership of the goods transfers from the Contractor to the Client upon payment of the full price of the goods to the Contractor, unless otherwise agreed between the parties.
NOTICES Mutual notifications between the parties shall be submitted in writing to the address provided by the other party through Email, fax, or letter. The receiving party is obliged to respond to any notification within 5 days from the date of receipt.
DISPUTE RESOLUTION Disputes arising from the contract between the Contractor and the Client shall be resolved through negotiations. If reaching an agreement proves impossible, disputes shall be resolved in the court of the Contractor’s jurisdiction.
PRECEDENCE OF CONTRACTUAL TERMS These general terms and conditions apply to the Client to the extent that they are not in conflict with the contract concluded between the Contractor and the Client.
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