General terms and conditions 

rev.1-2017

I. General

1. All our business activities are subject to our general terms and conditions of business, stated below.
2. The present general terms and conditions, unless expressly agreed otherwise in writing, shall apply to all deliveries of goods and all services provided by sPrint Textile Decorations SRL.
3. The terminology used in these general conditions shall have the following meaning and the meaning defined by the Romanian Civil Law
Buyer: Buyer of the Products
Seller: Sprint Textile Decorations SRL
Product/s: product/s mentioned in the invoice
4. The present general conditions shall be applicable to all legal relations which may exist between Seller and Buyer with respect to or in relation to a sale or intended sale of Products.
5. Applicability of any general conditions of the Buyer is expressly rejected.

II. Agreements

1. Agreements shall only be binding upon Seller and Buyer, also in the case that they have been concluded on our behalf by intermediaries (representatives), after they have been confirmed by us in writing.

III. Offers

1. All offers are without obligation.

IV. Orders

1. Buyer’s orders shall be subject to written acceptance or start of performance by the Seller.
2. The Seller has no responsibility whatsoever after the Buyer accepts the graphic simulation (“proof”). All the possible changes made after that moment, will be for the account of the Buyer.
3. Under deliveries of 5% are acceptable without the need to reprint.
4. The minimum order value is specified by the Seller at each order, otherwise the Seller has the possibility to charge a handling fee.
5. If the Buyer wants the order delivered before the Seller’s communicated delivery time, the Buyer accepts all the risks associated with this, given the fact that the Seller has no time to test the printing on the product. In this case, the Seller is obliged to accept the order as it is and to pay for what he receives and the Seller is exonerated from any responsibility.

V. Delivery

1. The delivery and service dates we provide are only diligently generated approximations.
2. Delivery is made ex factory or warehouse of the Seller; all goods travel for the account and risk of the Buyer, even if the consignment is sent carriage-paid.
3. The Seller undertakes no liability whatsoever for the consequences of delayed delivery.
4. All cases of business difficulties and force-majeure in the widest sense of the world shall give the Seller the right to cancel the order or to extend the delivery term without obligation to make later delivery or to pay compensation of damages.
5. Extra transport costs which have arisen as a result of blocked shipping, road or railway services, as a result of fast or express dispatch or as a result of the fact that the consignment is sent at the request of the Buyer in a manner other than is customary, shall be for the account and cost of the Buyer.
6. All extra charges, public dues, any new arising taxation, freight charges and an increase hereof which directly or indirectly affect the delivery, are to be assumed by the Buyer. In the event that between conclusion of contract and performance of our deliveries and services there are changes to base prices e.g. wage and material cost increases, The Seller reserve the right to apply a reasonable increase to the prices. This shall also apply in the event of a breach of contract on the part of the Buyer.

7. In the event that delivery is postponed upon the request of the Buyer or for other reasons in the Buyer’s sphere of influence, the customer shall be invoiced for the costs incurred through storage.
8. The Seller is not responsible if the transport company loses any part of the shipment or damages it.

VI. Transport terms

1. The delivery price transport is calculated by the Seller and invoiced to the Buyer, depending on the delivery place and the quantity ordered.

VII. Deposit

1. The products sent by the Buyer are held and managed by the Seller for the Buyer’s account and risk.
2. The products mentioned above are held by the Seller free of charges, for a maximum period of 7 working days. When this period expires, the Buyer will be charged with … …… euro per day, calculated until the delivery day.
3. The reception of the mentioned above products is made by the Seller, who confirms the Buyer, the reception of the number of pallets and boxes received. If the Buyer wants the individual reception of goods for pieces, the Seller will charge him with a fee of ………….. euro.
4. The Seller shall have no liability whatsoever in the event that all or part of the products deposited are fully or partly inaccessible as a consequence of measures adopted by any governmental or other authority in the country of deposit.

VIII. Claims

1. All the claims must be submitted in writing at the latest 5 working days after the delivery of the goods and receipt of the invoice. After that date, claims are no longer entitled to be acknowledged and the Buyer agrees that the products he received from the Seller cannot be subjects of any claims and won’t either be acknowledged if the goods which have been delivered have been processed in any manner whatsoever.
2. Claims are not considered to be valid if the Buyer didn’t respect the product instructions for use (eg. Washing instructions, temperatures, etc)
3. When the Buyer respects the claims conditions and terms, the Seller will repair the damaged goods, resulted from the Seller’s exclusive fault, in a maximum period of 10 working days after he received the damaged products from the Buyer.

IX. Liability

1. The Seller is not liable for any damages whatsoever, in any form whatsoever, whether they are direct or indirect, which could be the result of the use, or the unsuitability, respectively of what we have delivered. This does not affect any provisions of obligatory law which have been laid down in statutory provisions. With regard to the goods which we have in our possession in connection with the implementation of an agreement, the Buyer has the obligation to indemnify us in full against any claims of third parties, even if they relate to compensation of damages which can be directly connected with those goods.
2. Under no circumstances shall Seller be liable for consequential damages, including but not limited to lost profits, incurred loss, lost savings, turnover or instructions, damages as a consequence of production-or business interruption or discontinuation.
3. The Seller only assume liability for damage for which he is culpable. Liability is restricted to wilful intent and gross negligence. The compensation of consequential damage, pure economic loss, loss of profit, loss in interest and damage arising through third party claims against the Buyer are hereby excluded.

X. Payment and cost recovery

1. Payment must be made in accordance with the conditions and terms of payment stated in the invoice

2. If payment has not been made according to the conditions and terms indicated in the invoice, then the Buyer will owe an interest of 0.5% per day, calculated to the full unpaid amount, until the payment date.
3. All cost of recovery, both judicial and extrajudicial, including those connected with any bankruptcy application, shall be for the account of the Buyer.
4. If the recovery is entrusted by the Seller to a third party, then the cost of recovery shall also be for the account of the Buyer

XI. Reservation of ownership

1. As long as payment has not been made in full for everything which Seller owes, by virtue of whatsoever reason, the property of that which has been delivered shall remain his, for the account and risk of the Buyer. If the Buyer is in default towards the Seller, then Seller may take back that which has been delivered immediately and without any formality, or have this done.

XII. Deviations

1. Deviations from these terms and conditions of sale and delivery shall only have effect if these deviations have been confirmed in writing by the Seller

XIII. Deviations in prices

1. In the event of price changes, orders which have been confirmed but not invoiced on the basis of the new price, whereby the party to whose disadvantage the prices has changed will be entitled to cancel the order. In the event of changes in the currency exchange rates, the Seller may have the contract terminated at all times, to the extent that it has not yet been implemented without being obliged to pay any compensation or to comply with the contract.

XIV. Cancellation of orders

1. If the Buyer cancels an order he shall be obliged to pay for all cost incurred for the implementation and for damages on account of loss profits.
2. If the order it is canceled by the Buyer’s fault, the minimum cost mentioned above, will be 20 euros.

XV. Disputes and Jurisdiction

1. If the Buyer fails to fulfill his obligations under the contract and / or these terms and conditions, the Seller reserve the right to suspend or cancel the agreement without notice wholly or partly out of Court to dissolve, without no compensation or guarantees.
2. All disputed arising between parties must be submitted to the exclusive jurisdiction of the competent Court from the place where the Seller is established in Romania

XVI. Applicable law

1. All the relations between the Seller and the Buyer are governed by the Romanian Law.