VIA – GBC – GENERAL BUSINESS CONDITIONS              Slo 2020-03

1. GENERAL

1.1. The mentioned Via-SPP applies to all sales of goods and sales of services.
1.2. Any conditions different from Via-GBC apply only if they were made by the company VIA INTERNATIONAL d. o. o. Kamnik and confirmed in writing.
1.3. Confirmed written agreement on the derogation of a single item of Via-SPP does not affect the validity of other items or provisions of Via-GBC.
1.4. Upon the acceptance of the written order, the Customer accepts and acknowledges Via-GBC published on the web page of the company VIA INTERNATIONAL d.o.o. Kamnik (hereinafter referred to as VIA) and are based on the GBC of our suppliers – manufacturers of goods.

2. OFFERS, ORDERS

2.1. Each customer’s written order is binding for the company VIA after it has been confirmed in writing.
2.2. The technical documentation which accompanies the offer is binding for the company VIA only if it is explicitly stated in the order and confirmed in writing by the customer. These attachments can only serve for the internal use of the customer and it is not allowed to reproduce them or to make them available to third parties without our written consent.
2.3. In the event of cancellation of the order, the customer is obliged to reimburse to VIA all costs incurred in connection with this order by the day of cancellation and also to return all related technical documentation upon written invitation.
2.4. The minimum order value of a good or service is € 150..
2.5. Unless otherwise agreed, the payment deadline is defined no later than the date of the invoice issued by VIA.

3. DELIVERY TIME

3.1. The delivery time for an individual order starts at the latest by one of the following criteria:
a. After written confirmation of the order by the VIA company
b. From the day VIA receives the prepayment (bank statement) and a written confirmation of the order that has been previously made
3.2. The confirmed delivery date or delivery time can be extended in the following cases:
a. Subsequent changes to the customer’s order (quantity of goods, the scope of service, change of specific goods or services, etc.), which requires a new order or at least a written confirmation by VIA;
b. In cases over which VIA has no influence, e.g. force majeure;
c. We also consider the extension of the delivery time due to machine breakdown at the manufacturer as force majeure, strike, natural and other disasters, the occurrence of a state of war and similar, extending delivery times of their sub-suppliers and subcontractors, etc.
3.3. If the customer suffers damage caused by a delay in the delivery of the goods or services due to the fault of VIA, the customer is entitled to compensation for the delay. The compensation can amount to a maximum of 0.5 % of the value of the goods or service for each week of delay, or a maximum of 4 % of the total value of the goods, which the buyer was unable to use in due time and in accordance with the terms of the order.

4. PAYMENT DEADLINE

4.1. In case of late payment, we charge legal default interest.
4.2. In case of complaint of the customer regarding the quantity or quality of the goods, the payment deadline is not automatically extended. The payment deadline is extended only after written confirmation of the complaint by VIA that checks the customer’s complaint after receiving it in the entire supply chain.
4.3. In the event that the customer significantly violates or is late with payment of the realized orders, VIA reserves the right to change the payment deadline for the currently ordered goods or even to withdraw from this contract.
4.4. If the buyer is late with a payment and becomes aware of his significant decrease in solvency, poor assets, difficult financial situations and is unable to provide sufficient security or guarantee for payment of receivables, all existing receivables are immediately payable. In such a case, we are entitled to return undamaged goods. Unpaid goods are the property of VIA and can, in this case, be repossessed or seized.
4.5. The cost of recovering the payment or the cost of any seizure of the goods are always paid for by the customer.

5. RESERVATION OF OWNERSHIP

5.1. VIA reserves the right to settle or fully fulfil the purchaser’s obligations concerning the goods supplied, including payment of any overdue fees and default interest.
5.2. If the customer sells the goods to his buyer before the expiry of the payment deadline, the customer must in the event of non-compliance with the payment deadline submit these claims to VIA in the amount of the selling price of the unpaid goods.
5.3. The buyer of goods is obliged to inform his buyer of the clause on the reservation of ownership.
5.4. The customer is obliged to participate in all measures for the protection of the property of VIA or the ownership rights over our goods until all his obligations are fulfilled.

6. PAYMENT INSURANCE

VIA company can ask the customer for a one-time purchase in the amount higher than EUR 5,000 for the insurance payment in the form of BG or submission of the blank bill of exchange with a bill of exchange statement.

7. GUARANTEE OF QUALITY OF SUPPLIED GOODS AND SERVICES

7.1. We guarantee the quality and integrity of the delivered goods in the sense and in accordance with the manufacturer’s catalogue data and in accordance with the prior written agreements with the customer.
7.2. The customer can make a complaint on quantitative or qualitative deviations of the delivered goods immediately after the discovery, but no later than 8 days after the receipt of the goods. The complaint is made by a written complaint record.
7.3. The customer can make a complaint on hidden defects or hidden quality deviations immediately after the discovery, but no later than 8 days, counted from the day when the defect was noticed. The complaint is made by a written complaint record.
7.4. In the case of prior technical acceptance of the goods, the buyer is not entitled to subsequent reclamation of the goods, except in the case of a hidden defect.
7.5. In the case of a request by VIA, the customer must return the goods or individual items immediately, in order to determine the eligibility of the complaint. Otherwise, the customer loses the right to complain.
7.6. If the customer’s complaint is found justified, we are obliged to eliminate it as soon as possible, that is, within the shortest reasonable time, which we can coordinate with the manufacturer of the goods.
7.7. Complaints arising out of improper use or improper assembly, unauthorized and unprofessional interference with the product-goods, improper start-up, or improper or negligent handling of the product-goods will not be considered.
7.8. Warranty Exclusion Clause: The customer does not have any additional warranty rights with respect to the written offer or order. That means that all kinds of causal damages that did not occur on the product listed in the offer or invoice, such as downtime of production, penalties, and loss of profit unless gross negligence of the manufacturer or its authorized representative in VIA has been established.
7.9. Manufacturer’s GBC: VIA transfers all guarantees, warranties and other quality terms to the customer under the GBC of each manufacturer of goods. GBC of each manufacturer of goods is always an integral part of Via-GBC and is published on the website of the manufacturer of goods.

8. DISPUTE SETTLEMENT

8.1. All legal proceedings between the buyer and seller are subject exclusively to the laws of the Republic of Slovenia.
8.2. The competent court for all dispute settlements is the District Court in Ljubljana.