Privacy Policy

General terms and conditions for the sale of goods from "Kimtech Bulgaria" Ltd.

1. These General Terms and Conditions constitute the general terms and conditions of "Kimtech - Bulgaria" OOD within the meaning of Article 298 of the Commercial Act.
   • All contracts concluded with "Kimtech - Bulgaria" OOD, hereinafter referred to as the Seller, which transfer ownership of goods to the Seller, are governed by these General Terms and Conditions. The conclusion of a contract under these General Terms and Conditions makes them valid with respect to all other contracts concluded with the same counterparty later, even if this is not explicitly stated therein.
2. Deviations from these Terms are only possible by explicit mention in the contract for each specific case.
3. To make the sale, the Seller sends an offer in writing, by phone or fax or by email. If part of the requested goods is not available, this is mentioned in the offer, or is specified orally between the parties.
4. The prices and deadlines specified in the advertising materials are not binding on the Seller.
   • The prices of the products are ex-warehouse of the Seller, unless expressly agreed otherwise, and do not include value added tax.
   • The price of the contract is calculated at an exchange rate of 1.95583 leva for 1 euro. The Seller and the Buyer agree that if the exchange rate changes, the value will be adjusted equivalently.
   • In the event that, in the period between the conclusion of the contract and delivery, there are significant changes in the prices of raw materials, labor, energy or other economic conditions that significantly affect pricing, the Seller and the Buyer undertake to agree on an update of the contract price in accordance with these changes.
5. The delivery of the goods from the Seller to the Buyer is certified by the signing of a bilateral acceptance and delivery protocol.
   • An invoice is issued by the Seller on the day of delivery of the goods or within five days of signing the acceptance and delivery protocol under the previous paragraph and is sent to the Buyer.
     • The Seller sends the issued invoice to the Buyer by mail with return receipt requested or by courier to the registered office address or other correspondence address announced in the Commercial Register, or to another address explicitly indicated by the Buyer in a written contract or other document, or by email to the official email address of the latter, as published in the Commercial Register, or another email address explicitly indicated by the Buyer. It is possible that the invoice may be delivered to the Buyer/his representatives together with the delivery of the goods, the sale at which the latter materializes. In the event that the Buyer does not immediately dispute the content of the invoice thus sent and received within two business days, the same will be deemed accepted.
   • In cases where advance payment is agreed, the invoice is sent to an electronic address and delivery is made after payment.
   • The expected delivery times are observed whenever possible. In the event of unforeseen events and force majeure, especially in cases of disruption of the production cycle in the enterprises of manufacturers who are suppliers of the Seller, who is an importer, the times are extended in accordance with the time needed to overcome the difficulties.
   • Partial performance of the delivery is also permissible, as long as it is not insignificant, in view of the Buyer's interest.
6. The Buyer undertakes to receive the goods no later than 5 days after the date of receipt specified in the request, if such was made in writing or by email. In case of delay, the Seller may charge additional storage costs or deposit the goods in a public warehouse at the expense of the Buyer.
   • The costs of sending/transporting the goods are at the expense of the Buyer.
   • The risk of loss of the goods passes to the Buyer from the moment of their delivery.
   • In the event that the goods are ready for shipment and their shipment is delayed for reasons for which the Seller is not responsible, the risk passes to the Buyer from the moment of the delay.
7. Payment of the amounts due is made in cash or by bank transfer, payment of the price is made simultaneously with the delivery of the goods, unless otherwise expressly agreed in a written contract.
   • In case of delayed payment, the Buyer owes a penalty of 0.1% (zero point and one tenth of a percent) for each day of delay until the final payment of the amount due.
   • In case of delay in payment, the Buyer loses the trade discounts and benefits provided by the Seller.
   • In the event that the Buyer delays a payment due by more than fifteen calendar days, the Seller has the right to unilaterally terminate the contract by written declaration of intent and demand immediate return of the purchased goods.
8. The Seller retains ownership of each ordered and delivered item until final payment. Ownership of the item passes to the Buyer at the time the Seller's account is credited with the final amount due.
   • In cases of delay or suspension of payments, upon initiation of bankruptcy proceedings against the Buyer, as well as in all other cases where the satisfaction of the Seller's claims is threatened, the Buyer is obliged to notify third parties by placing inscriptions or in another appropriate manner that the goods are the property of the Seller.
   • In the cases under the previous paragraph, the Seller has the right to request that the goods, over which he has retained ownership, be returned to the Seller's warehouses at the expense of the Buyer. Under these General Terms and Conditions, the Buyer is deemed to have given his irrevocable consent in advance the Seller may at any time take back the goods to which he has retained ownership, as well as sell at his discretion the goods received back by auction or directly. When the goods owned by the Seller are joined with items owned by the Buyer, The Seller has the right to take the newly received item and sell it at his discretion through auction or directly, deducting the price due for his own goods from the price received, and handing over the remainder to the Buyer.
   • The Buyer undertakes to store the goods, over which the Seller has retained ownership rights, until the price due has been paid, with the care of a good merchant. He undertakes to insure the goods against loss, theft, fire, etc. With these General Terms and Conditions it is considered that the Buyer has previously transferred to the Seller all his claims against insurance companies, namely in the part proportional to the price due. This also applies to cases where the insurance company does not cover the entire damage, then the uncovered part of the damage remains at the expense of the Buyer.
   • The Buyer undertakes to take all actions, in particular to make legally relevant declarations or representations to the Seller or third parties, where this is required by foreign law applicable at the place of delivery or at the place of the Buyer's registered office, for the validity of the reserved right of ownership or the preliminary transfer of monetary claims belonging to the Buyer.
9. The warranty period of the product is as provided by its direct manufacturer.
10. In the event of defects in the delivered goods that significantly reduce their quality, the Seller shall, at its discretion, deliver a replacement good or reduce the delivery price. Other claims by the Buyer for poor performance are inadmissible. Complaints must be in writing and sent within five working days of receipt of the goods. The same applies to complaints regarding incorrect deliveries or deviations in quantities.
    • The buyer has the right to claim for defects in the goods only in cases where they exceed 4% of the value of the delivered goods. Minor deviations in the delivery of the ordered goods do not give the right to raise claims for defects.
    • Complaints can only be raised in relation to goods that are available for inspection or return.
    • The right to warranty claims is extinguished if the delivered goods have been altered, processed or improperly handled or processed. This also applies in cases where samples of the goods have been provided in advance.
    • A prerequisite for the right to claim is the fulfillment of all contractual obligations by the Buyer, especially the agreed payment terms.
    • Returning goods is only permissible based on prior mutual agreement.
    • The Seller is not liable for the deterioration of the quality of the goods when they are not used for their intended purpose, except in cases where the intended purpose has been declared in writing to the Seller prior to use and the Seller has confirmed in writing the suitability of the goods for use for the stated purpose.
    • The Buyer bears the risk of any complaints regarding the final product in which the Seller's goods have been included. The Buyer undertakes to provide its customers with information and instructions for using the Seller's products.
11. All claims for damages, regardless of the legal basis on which they arise, are excluded, except in cases where the damages are caused intentionally or by gross negligence on the part of the Seller's legally authorized representatives, as well as in cases where the damages are caused by the Seller's failure to fulfill essential obligations.
    • In the cases under the previous paragraph, liability for breach of contractual obligations due to gross negligence is limited to the direct and immediate damages foreseeable at the time of conclusion of the contract.
12. By these General Terms and Conditions, the Buyer guarantees that he agrees that the Seller may set off his claims against the Buyer's claims against him. The Buyer agrees that heterogeneous claims may also be set off in this way.
13. If, after the conclusion of the contract, reasonable doubts arise as to the Buyer's solvency or if such circumstances existing at the time of conclusion of the contract become known later, the Seller shall be entitled to demand payment in installments or to provide a guarantee before delivery of the goods, or to unilaterally withdraw from the contract. In such cases, the Seller shall be entitled to unilaterally cancel all deferred payments and thus make them immediately due.
    • In the event of the initiation of bankruptcy proceedings against the Buyer, the Seller has the right to demand from the Buyer immediate payment of all amounts due under all contracts and other agreements concluded between them, regardless of other written agreements.
14. In the event that individual provisions of these General Terms and Conditions are or become invalid, they shall automatically be replaced by the relevant mandatory statutory texts of Bulgarian law. If Bulgarian law does not contain a provision that precisely replaces the invalid provision of the General Terms and Conditions, the invalid provision shall be replaced by the statutory text that comes closest to its purpose.
15. The Seller's warehouses are considered the place of performance of all obligations of the Seller arising from the contract.
16. The relations between the parties are governed by the law of the Republic of Bulgaria. The application of international treaties with regard to the international sale of movable property is excluded.
17. Disputes between the parties will be resolved by out-of-court agreements, and if impossible, they will be resolved by the competent court for commercial disputes, in accordance with its rules.
18. These General Terms and Conditions are effective as of 01.01.2014 and apply to all contracts transferring ownership of goods owned by the Seller, including sales contracts, distribution contracts, consignment contracts, commission contracts, brokerage contracts, etc. Any invoice signed by both parties, specifying the type, quantity and price of the delivered goods, is also considered a concluded contract.