General business terms

1. Scope and concepts

1.1. These General Terms and Conditions of Sale and Delivery (hereinafter referred to as the "General Terms and Conditions") apply to all contractual relations (deliveries and services) of Horex trade d.o.o. and the recipient of the delivery or service. By accepting the order or delivery confirmation, the buyer also accepts their validity, ie the conditions are treated as accepted if the buyer does not respond within 8 days of receipt. If the supplier and the buyer are in a permanent business relationship or if the buyer performs further orders, the General Terms and Conditions also apply if the order is answered during the order confirmation or the delivery is not referred to their validity. The General Terms and Conditions (hereinafter also the General Terms and Conditions) apply to any legal or natural person who has in any way made business contact with the company Horedx trade d.o.o. for the procurement of goods, in accordance with Article 295 of the Law on Obligations.

1.2. Provisions that deviate from these General Terms and Conditions or additional provisions in the supplier's order confirmation take precedence over these General Terms and Conditions. The general terms and conditions or customer forms do not in any case become an integral part of the contract, regardless of whether the supplier was aware of them or not or whether he explicitly opposed their validity or not.

1.3. Delivery is considered to be a contract for the delivery of goods, but also a contract for (ancillary) services, including consulting services.

"Supplier" in terms of these conditions is the company Horex trade d.o.o. regardless of whether its action consists of answering inquiries, making offers or positions as a seller or service provider.

"Buyer" in terms of these terms is a person who makes an inquiry, bidder, recipient or buyer of goods / services of the supplier

2. Concluding a contract

2.1. Notices by which the supplier responds to the customer's inquiry are not binding even when the prices, deadlines and other technical specifications are communicated to them; technical information or proposed solutions of the supplier such as descriptions, specimens or samples displayed at the fairs of the supplier are equally non-binding. The same applies if the supplier issues only a temporary order confirmation based on the customer's order. The contract is considered concluded only with a written confirmation of the order issued by the supplier or the performance of delivery in case of failure of such a written confirmation of the order. Orders, order confirmations, delivery confirmations, etc. Customer after the date of that confirmation have no effect, even if the supplier does not object to them.

2.2. If, in accordance with the agreement, the delivery note states a specific manufacturer who delivers the goods, then the contract is concluded under the termination condition of actual delivery in accordance with the conditions of that manufacturer.

2.3. If the confirmation of the supplier's order deviates from the customer's order, this deviation is considered accepted, if the customer does not object within 3 days from the date of its receipt, and at the latest during the delivery. If the conclusion of the contract follows the manner of delivery, the supplier is obliged to meet only the conditions contained in the notice (temporary confirmation of the order) in accordance with point 2.1.

2.4. If a written confirmation of the supplier's order or his notification in accordance with point 2.1. The general conditions do not contain information about it, the following applies:

- as delivery parity: DAP (according to INCOTERMS 2010),

- as quality: average quality, but which is in accordance with the norms, taking into account the customs that apply to the place of production of goods.

3. Jurisdiction of the court and applicable law

3.1. All disputes and disagreements arising from the contract based on or related to the General Terms and Conditions, including the dispute over its origin or validity, are subject to the jurisdiction of the Commercial Court in Zagreb. Irrespective of this, the supplier has the right to sue the buyer in a court of actual jurisdiction in the place of its registered office or place of business.

3.2. A contract concluded on the basis of these General Terms and Conditions is subject to the substantive law of the Republic of Croatia with the expiration of the United Nations Convention on Contracts for the International Sale of Goods (1980 edition).

4. Confidentiality of data

4.1. The contractual partners undertake to treat as a business secret all commercial and technical details that are not public and that become known to them through the business relationship.

4.2. The buyer is obliged to act confidentially in connection with the conclusion of the contract, and in promotional materials he is allowed to refer to the business relationship with the supplier only after his written consent.

5. Other

5.1. If certain provisions of the General Terms and Conditions are null and void or contrary to law, the other provisions remain in force.

5.2. In order for the assignment of the buyer's rights to be valid, the explicit and written consent of the supplier is required. The supplier, however, has the right to assign his claims on the basis of deliveries and services to third parties for the purpose of financing.

5.3. If the contract is concluded on the basis of these General vouchers or these conditions provide for written notices to the other contracting party, they shall be deemed to have been performed if they are sent to the last address indicated.

5.4. The acts or omissions of the factory producing the goods being delivered or of the carrier cannot be attributed to the supplier in respect of the fulfillment of his contractual obligations.

5.5. The supplier has the right to suspend or suspend the fulfillment of his own obligations at any time if, after concluding the contract, it turns out that the buyer will not fulfill a significant part of his obligation:

a) due to a severe lack of his ability to perform the contract or due to a severe lack of his creditworthiness; or

b) because of his conduct during the preparation of performance or during the performance of the contract or previous contracts.

5.6. The customer agrees that the supplier automatically stores and processes the customer's data in fulfillment of the contract.

6. Entry into force

6.1. These general conditions enter into force on the day of adoption, and apply from 01.07.2015. years.