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STOKKER general terms and conditions

08.05 2019 12:46

GENERAL TERMS AND CONDITIONS OF STOKKER

 

1. DEFINITIONS

1.1 Stokker is Aktsiaselts Stokker.

1.2. Client is a natural or legal person who has entered into a contract with Stokker.

1.3 Party/Parties are either individually or collectively Stokker and the Client.

1.4. General Terms and Conditions are the General Terms and Conditions of Stokker.

1.5. Special Conditions are agreements concluded between Stokker and the Client in regard to the sale of goods and/or services (e.g. cooperation contract, sale/purchase contract, maintenance contract, contract for use, terms of guarantee, etc.).

1.6 A Contract is the General Terms and Conditions together with Special Conditions.

 

2. GENERAL PROVISIONS

2.1 The General Terms and Conditions of Stokker are applicable in relations between Stokker and the Client who has entered into a contract with Stokker and constitute a uniform Contract together with the Special Conditions.

2.2 Special Conditions can be agreed upon with the Client or persons authorised by the Client via e-mail, electronically sent messages or other means which can be reproduced.

2.3 In the event that the content of General Terms and Conditions contradicts the Special Conditions agreed upon by the Parties, the Special Conditions shall prevail.

 

3. RIGHTS AND OBLIGATIONS OF THE CLIENT

3.1 The Client has the right to purchase and authorise other persons to purchase goods and services from Stokker.

3.2 The Client, their representative or a person authorised by the Client may be asked to provide identity documents.

3.3 The Client may require at any time a list of persons authorised by them and terminate the authorisations granted to such persons.

3.4 The Client has the right to purchase goods or services on credit to the extent of the credit limit set out in the cooperation contract.

3.5 The Client is liable for all transactions carried out by themself and representatives authorised by them.

3.6 The Client shall inform Stokker of changes in and/or changing the data included in the Contract within five (5) days.

3.7 The Client shall pay the invoices provided by Stokker by the due date set out on the invoice. If the due date has not been marked on the invoice, the Client shall pay for it at the time of receiving the goods or service at the latest.

 

4. RIGHTS AND OBLIGATIONS OF STOKKER

4.1 Stokker shall terminate the authorisation of the representative of the Client, if the Client submits a written request therefor.

4.2 Stokker shall provide the Client with information regarding the use of the goods or service.

4.3 Stokker shall guarantee that the goods delivered by them are in compliance with specifications and technical conditions established by the manufacturer.

4.4 Stokker has the right not to deliver the goods or service to the Client in the case the Client has any outstanding debts to Stokker.

4.5 Stokker has the right to cancel the payment condition and credit limit appointed to the Client, if Stokker has doubts regarding the solvency of the Client.

4.6 Stokker has the right to change the price list without prior notification of the Client.

4.7 Stokker has the right to ask the Client for feedback via e-mail or telephone in order to determine the Client’s satisfaction with the service provided.

4.8 Stokker shall keep all data regarding the Client confidential and only use such data to the limit and extent that is necessary for selling devices or provision of a service. During processing of personal data, Stokker follows the Privacy Policy that is available at its homepage at www.stokker.ee. Stokker shall ensure the security of the database and prevent access to unauthorised persons.

 

5. DELIVERY OF A PRODUCT OR WORK. TRANSFER OF OWNERSHIP AND RISK

5.1 If the object of the Contract is the delivery of a product or work, said product or work shall be delivered under the conditions and at the location set out in the Special Conditions or in accordance with the supply process of Stokker.

5.2 If the time of delivery of the product or work has not been specified in the Contract, it shall be determined by Stokker, who shall inform the Client of this five (5) days in advance.

5.3 Upon concluding the Contract, it is assumed that the Client enters into the Contract in the context of their economic or professional operation. At the delivery of the product or work, the Client shall immediately inspect the product or work or have someone do it for them.

5.4 In the event that the product or work does not comply with the terms and conditions of the Contract, the Client shall immediately notify Stokker and provide a sufficiently precise description regarding the non-compliance of the product or work.

5.5 If the Client has notified Stokker in accordance with the terms and conditions of the Contract regarding deficiencies in the product or work, Stokker shall bring the product or work into compliance with the terms and conditions of the Contract within a reasonable time period.

5.6 Ownership over the product sold as well as ownership over work performed shall be transferred from Stokker to the Client once the invoice for the product or work provided by Stokker to the Client has been paid in full.

5.7 Risk regarding the loss or destruction of the product or work, or it becoming unusable or damaged shall be transferred from Stokker to the Client at the moment the product or work is considered delivered to the Client.

5.8 If the Client fails to pick up the object of the sale/purchase, maintenance or repair at the due date set out in the Contract, Stokker shall inform the Client of their obligation of receipt and grant the Client an additional term set out in point 9.2 of the General Terms and Conditions to pick up the product.

 

6. MAINTENANCE AND REPAIRS PERFORMED BY STOKKER

6.1 Stokker shall repair faults and deficiencies of the Client’s device, which the Client has pointed out and which have been fixed in the order of maintenance.

6.2 Maintenance means regular preventive actions that are performed in order to ensure long-term use of the product in accordance with the instructions for use and the maintenance book provided by the manufacturer.

6.3 Reconstruction of devices and replacement of devices is not considered maintenance.

6.4 Stokker may require a fee for preparing the repair budget in accordance with the applicable price list. The repair budget is not binding for Stokker, however, they shall not significantly deviate from it.

6.5 Provisions set out in point 5 of the General Terms and Conditions shall be applicable in regard to delivery of the work that forms the basis for the maintenance or repair. In the event that it is impossible to determine the final date of delivery of the work at the time the device is admitted for repairs or maintenance, a due date shall be established for determining the fault or deficiency of the product in the Special Conditions. The Client shall be notified of the date of delivery of the work on the due date of determining the fault or deficiency.

6.6 Stokker uses their own materials for performing the work that is the object of maintenance or repair.

6.7 Elimination of other faults or deficiencies detected by Stokker during the performance of maintenance or repairs shall take place after a corresponding agreement has been reached with the Client.

6.8 Stokker shall make an entry to the maintenance book in regard to works performed, provided that the Client has submitted the maintenance book to Stokker.

 

7. USE OF STOKKER PRODUCTS

7.1 In accordance with the provisions set out in the contract for use, Stokker shall provide the Client with products owned by Stokker for use and the Client shall pay to Stokker a fee for the use of such product (user fee).

7.2 Provisions set out in point 5 of the General Terms and Conditions shall be applicable upon delivery and return of the product for use, unless otherwise stipulated in the contract for use.

7.3 Upon expiration or termination of the Contract, the Client shall deliver the product provided to them for use to the location of Stokker at their own cost.

7.4 Stokker is not liable for any damages to the Client, which the Client incurred due to causing damages to third parties as a result of using Stokker devices.

 

8. QUALITY AND WARRANTY OF GOODS AND SERVICES

8.1 The warranty period shall be set out under Special Conditions.

8.2 The warranty period shall begin at the delivery of the goods or service to the Client. If the warranty claim is accepted, repairs shall be performed as soon as possible. Stokker shall not compensate for the loss of income during repairs or costs related to the transport of the device.

8.3 All details of the device shall be replaced free of charge during the warranty period, provided such details have broken due to faults in material, construction or composition. The warranty does not include details of the device that have become unusable due to normal wear and tear or abnormal use.

8.4 The warranty is invalid if the defect has occurred due to inappropriate use, inadequate maintenance of the product, changes and effects of the external environment (humidity, heat, normal wear and tear, etc.), the warranty also does not cover costs that have occurred due to an accident or vandalism. First and foremost, the warranty is invalid if the Client has failed to follow the instructions for use of the manufacturer and specified conditions of the commercial guarantee. The warranty is also invalid if devices have not undergone maintenance in accordance with the maintenance book or instructions for use as well as if the Client has failed to comply with the requirements set out in points 8.5, 8.6 and 8.7 of the General Terms and Conditions.

8.5 It is necessary to stop using the product and contact Stokker as soon as disruptions occur in the work of the device.

8.6 In order for the warranty claim to be satisfied, the device must be delivered to Stokker in the same condition as at the moment that the circumstance, which forms the basis of the warranty claim, occurred.

8.7 The device shall be repaired at Stokker, unless this is not possible due to the characteristics of the device.

8.8 Stokker is entitled to charge a fee for elimination of defects in accordance with the price list.

 

9. LIABILITY

9.1 If the Client delays payment for the product or work that forms the object of the Contract, Stokker may charge an interest of zero point two (0.2) percent of the amount stipulated in the Contract for every delayed day.

9.2 If the Client cancels their order or fails to pick up the product after having been granted an additional term of at least fourteen (14) days for receipt of the product, Stokker may withdraw from the Contract and require the Client to pay a penalty in the amount of fifty (50) percent of the price of the product. Following the end of the additional term of two (2) months granted to the Client for receipt of the product, Stokker is entitled to sell the Client’s object of defect elimination, maintenance or repair to cover the Client’s outstanding debts to Stokker. The excess amount from the sale of the product shall be returned to the Client.

9.3 The Client shall pay a storage fee to Stokker in accordance with the price list for the time that Stokker is obligated to store the Client’s product after the additional due date for receipt has passed.

 

10. SETTLEMENT OF DISPUTES

10.1 If disputes arise between the Client and Stokker, the Client and Stokker shall pursue to settle such disputes through negotiation. If an agreement is not reached, the dispute shall be settled in Harju County Court in accordance with the applicable legislation of the Republic of Estonia.

10.2 The dispute shall also be settled in Harju County Court if the Client takes up residence in a foreign country and transfers their place of business to this country after having entered into a Contract with Stokker, or if the place of business, residence or location is unknown at the time the action is filed.

 

11. FORCE MAJEURE

11.1 Force majeure shall mean an independent unforeseen situation, such as war, natural disaster, export or import ban or other, which hinders or makes it impossible to fulfil the obligations arising from the Contract.

11.2 Parties shall inform the other Party immediately in the event of force majeure. Parties shall extend the terms set out in the Contract regarding the enforcement of obligations by the time that the circumstances referred to in point 11.1 continue.

11.3 An infringement of the Contract is excusable in the event of force majeure, as well as in other cases laid down by law.

 

12. VALIDITY, AMENDMENT, TERMINATION OF THE CONTRACT

12.1 The Contract shall enter into force at the time of signature.

12.2 The Contract shall expire at the end of the current year, unless otherwise stipulated under Special Conditions. The Contract shall be automatically renewed for the following year if one Party does not inform the other Party at least two (2) weeks before the expiration of the contract that they wish to terminate it.

12.3 The Contract shall be prepared in two legally enforceable copies with each Party retaining a copy.

12.4 Amendment of the General Terms and Conditions as well as the Special Conditions is possible in the case of a mutual agreement between Stokker and the Client, under the exception of point 4.5 of the General Terms and Conditions, which provides Stokker the right to cancel the payment condition or credit limit of the Client unilaterally, and point 3.3 of the General terms and Conditions, which provides the Client the right to require termination of authorisation.

12.5 Unilateral termination of the Contract is only permitted in the cases expressly laid down by law.

12.6 Upon entry into a new cooperation contract between the same Parties and the entry into force thereof, all previously concluded cooperation contracts between Stokker (incl. Stokker’s predecessor Aktsiaselts Mecro) and the Client shall be deemed terminated. Entry into a new cooperation contract does not affect the validity or terms and conditions of sale/purchase contracts, maintenance contracts, contracts for use or any other contracts that the Client has entered into prior to the cooperation agreement, moreover, the new cooperation agreement does not retroactively affect the terms of guarantee of products that the Client has purchased. Applicable General Terms and Conditions of Stokker form an integral part of the new cooperation agreement.

 

13. NOTIFICATIONS BETWEEN PARTIES

13.1 Notifications by one Party shall be considered received by the other Party in the case that such notifications have been sent via e-mail to the e-mail address set out in the Contract and 1 day has passed from posting the notification, or in the case that the notification has been sent to the address set out in the Contract by registered letter and five (5) days have passed from posting the registered letter, regardless of whether the other Party has accepted the registered letter or not.

 

 

 

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