General terms and conditions for suppliers - BOGUMA, s.r.o.

GENERAL PROVISIONS

1. These General Business Terms and Conditions (hereinafter also referred to as "Terms") are valid in full until the Supplier and the Customer agree otherwise in the agreement and/or in written business correspondence.

2. For the purposes of these Terms, the Customer means BOGUMA, s.r.o. with its registered office at Továrenská 314, 956 18 Bošany, Company Identification Number: 35 922 087.

3. For the purposes of these Terms, the Supplier means a person (legal or natural, or an association of such persons with legal personality) who has concluded an agreement with the Customer or confirmed an order and who will deliver the goods or provide services.

4. The goods mean any goods delivered by the Supplier to the Customer on the basis of an order or agreement concluded under the conditions specified in Article 2 of these Terms.

5. The service means any service provided by the Supplier to the Customer on the basis of an order or agreement concluded under the conditions specified in Article 2 of these Terms

6. Unless special conditions are agreed in the agreement, the Supplier is obliged to deliver the goods or to provide the service in a quality that is suitable for the purposes for which these goods or services are used.

CONCLUDING OF THE AGREEMENT

1. The legal relationship between the Supplier and the Customer arises on the basis of a written or oral agreement or a confirmed order.

2. The order must be in writing and must specify the goods or services, price and its maturity, place of delivery, if required by the Customer and the required delivery date or time for duration of service.

3. The order becomes binding for the Customer when it is confirmed by the Supplier; if the order states a deadline for its confirmation, it must be confirmed within this deadline. Confirmation can be made by the Supplier in writing or by e-mail to the contact details specified in the order, or in the framework agreement (or a similar legal document), if such is already concluded between the Supplier and the Customer.

4. By confirming the order between the Supplier and the Customer, an agreement is also concluded, and it is governed by the order, its confirmation and these Terms.

PRICES

1. Price must be always agreed in the agreement, pricelist or order.

DELIVERIES, PACKAGING OF GOODS

1. The Supplier is entitled to deliver the goods or provide services in partial deliveries (if it is possible) also before the agreed delivery time provided that the Customer agrees with such earlier term.

2. The Supplier will provide transport insurance.

3. The goods are delivered in packaging that is suitable for the agreed type of goods. The conditions of carriage shall be agreed so as not to damage the goods during transport to the agreed destination.

4. Wrapping and packaging costs are paid by the Supplier, if the goods are delivered in standard packaging (wooden pallet and fixing foil). Used packaging and fixing material will only be returned if expressly agreed.

PAYMENTS

1. All payments will be made in Euro currency, unless the Parties expressly agree otherwise.

FORCE MAJEURE

1. If a situation arises, which was not foreseeable at the time of concluding the agreement or order confirmation and which causes an obstacle on the part of the Supplier or Customer in meeting his contractual obligations (force majeure), the affected party is entitled to postpone the performance by the time of the obstacle and the appropriate time to start his normal operation.

2. Force majeure includes, but is not limited to, events beyond the affected party's control that originate in natural events (e.g. earthquakes, floods, volcanic eruptions, fires, tsunamis, hurricanes), wars, strikes, lockouts, civil unrest, blockades, and embargoes, terrorist attacks, epidemics, as well as acts of foreign authorities and similar events of force majeure which interfere with meeting of the affected party's contractual obligations.

COMPLAINTS

1. The Supplier is responsible for errors that the goods or services have at the time of receipt by the Customer at the place of goods or services delivery, as well as for errors caused by breach of Supplier's obligations. The Customer must send the complaint by post or e-mail.

2. The Customer is obliged to complain about obvious defects in goods or services, as well as the quantity of goods delivered immediately after finding them, but no later than within 30 days of delivery of goods. In the case of hidden errors, the time period for complaint is two years from the delivery of goods.

3. The standard period for assessing the validity of a complaint is a maximum of 30 days after its official acceptance. Within this period, the Supplier is obliged to inform the Customer of the assessment result.

4. The Customer has the right to exchange or to repair the goods or to a reasonable discount on the price of goods or may withdraw from the contract or the order; the right to choose among these rights has the Customer. In case of defected service the Customer’s claims are the same.

CHANGES TO THE TERMS

1. The Customer is entitled to change these Terms by publishing the change or new wording on his website www.boguma.sk and from this moment the change is effective for all subsequent orders and purchase agreements concluded after this date.

FINAL PROVISIONS

1. The place of performance of the contractual deliveries of the Customer is his registered office, if the agreement or confirmed order does not stipulate otherwise.

2. All rights and obligations of the Customer and the Supplier arising from or in connection with their contractual obligations, or their breach, termination or invalidity, which are not regulated by these Terms, are governed by the relevant provisions of legal regulations of the Slovak Republic, in particular the provisions of the Act No. 513/1991 Coll. the Commercial Code and other applicable laws, regardless of the conflict of law rules.

3. The Customer and the Supplier undertake to resolve any disputes, disagreements or claims arising from or in connection with their contractual obligations or their breach, termination or invalidity primarily in the form of negotiations in order to avoid litigation and resolve them by mutual agreement. If the relevant parties do not reach an agreement, the dispute, disagreement or claims arising from or in connection with their contractual obligations or from their breach, termination or invalidity will be resolved before the competent court of the Slovak Republic, unless otherwise agreed between contracting parties.

4. The invalidity of any of the provisions of these Terms and conditions does not affect the validity of its other provisions. Instead of the invalid provision, the provisions of the legal regulations closest to its content and purpose shall apply.

5. The Supplier declares that he has read these Terms, fully understands them and agrees therewith.