General Terms of Sale for Kaspar Papir d.o.o.
1. Exclusive validity
The present terms of sale apply to all sales of Kaspar Papir d.o.o. (“Kaspar Papir”). Conflicting or additional terms of sale and in particular stipulations in purchaser’s general conditions, shall be valid only if they have been expressly agreed in writing by Kaspar Papir.
2. Terms of payment
Unless otherwise specified in writing, all invoices are to be paid net with no deduction whatsoever within thirty (30) days of the date of the invoice. Late payment is subject to a penalty charge of 8.75%. All prices are quoted exclusive of VAT and EXW (EXW Incoterms 2010), unless otherwise agreed in writing.
3. Force Majeure
Kaspar Papir shall not be liable for any non- fulfillment of its obligations resulting from a force majeure event which shall mean any and all circumstances which Kaspar Papir cannot prevent, including, but not limited to Acts of God, war or warlike events, explosion, fire, strike, boycott and acts or omissions to act by authorities.
4. Date of delivery
The delivery date indicated by Kaspar Papir is non-binding and based on the conditions prevailing at the time the order is placed and under the assumption of normal supply and manufacturing conditions. Except in the event of gross negligence or willful misconduct of Kaspar Papir, Kaspar Papir shall not be held liable for delays in the supply of goods.
5. Warranty and Liability
Kaspar Papir warrants that upon delivery from its works, the products shall meet Kaspar Papir’s published specification. This warranty is given in place of and shall be deemed to exclude all other warranties, whether express or implied. Kaspar Papir’s liability shall be limited to the replacement of products, which do not conform to the published specification
or to the refund of the purchase price, provided that the defect must be notified and specified in writing within thirty (30) days of receipt of the products.
Kaspar Papir shall not be liable for any damages, whether direct, indirect or consequential, except in the event of gross negligence or willful misconduct by Kaspar Papir. Kaspar Papir makes no warranty whatsoever with regard to experimental products.
Kaspar Papir is not responsible for damage resulting from storage, usage, handling, incorporation or alteration of the products by the purchaser or third parties.
6. Recommendations and advice
All recommendations and advice given by Kaspar Papir is based on the current state of our knowledge. Notwithstanding such recommendations or advice the purchaser shall satisfy himself that the products are suitable for his intended process or purpose.
Since Kaspar Papir cannot control the application, use or processing of the products, Kaspar Papir cannot accept responsibility therefore. The purchaser shall ensure that the intended use of the products will not infringe any third party’s intellectual property rights.
7. Applicable law
The present terms of sale and sales contracts are subject to the laws of Croatia, without regard of their conflict of law provisions. The application of the UN Convention on the International Sale of Goods (Vienna, 1980) is expressly excluded.
8. Place of performance and jurisdiction
The place of performance for supplies is the works of Kaspar Papir; the place of performance for payments is Croatia.
The competent courts of Croatia shall have exclusive jurisdiction, except if Kaspar Papir brings suit before any other courts.