1. DEFINITIONS:
“Goods” means any goods and/or services provided by EUROPAMARK (entry in the Commercial Register of the Trnava District Court File No. 33247 / T) as ordered by the Client “Client” means the person, firm or company placing an order with EUROPAMARK.
2) APPLICATION:
These terms and conditions apply to any provision of goods and services by EUROPAMARK to the Client.
3) FORMATION OF CONTRACT:
All Goods sold by the EUROPAMARK are sold subject to EUROPAMARK’s standard terms and conditions (as detailed below) which form part of the Client’s contract with EUROPAMARK Terms and conditions on the Client’s order form or other similar document shall be binding to all parties.
4) QUOTATIONS:
The prices, quantities and delivery time stated in any quotation are not binding on EUROPAMARK. They are commercial estimates only which the Company will make reasonable efforts to achieve.
- 4.1 Non-Stock Items: In the event a brand / quantity combination being unavailable or discontinued, we will act according to the information supplied by the customer on the order details screen.
- 4.1 If an item is not available in the requested weight and the customer has requested we supply a different weight combination, then we will attempt to supply a larger quantity of the same item type but in smaller weights, the total weight will either equal or exceed the original amount requested, or an appropriate refund will be given.
- 4.2 If an item is not available in the requested brand, and the customer has requested we supply a different brand, we will supply an alternative brand of the same or greater value, or an appropriate refund will be given.
- 4.3 If a customer has requested we delay dispatch until a brand or weight is available, we will hold onto the order for up to a maximum of 30 days, at which point we will contact the customer for further instructions.
5) ORDERS:
Orders will be deemed to have been placed when a contract for the sales of goods is signed and a payment confirmation has been received from a responsible executive of the client company.
6) RIGHT TO SUB CONTRACT:
Unless otherwise agreed the EUROPAMARK shall be entitled to sub-contract all or any part of the work.
7) TIMETABLE:
EUROPAMARK will use its best endeavors to supply the goods and services within the quoted time (normally within a maximum of twenty-one days (21) from order or otherwise as agreed) but time will not be of the essence within the contract.
8) COPYRIGHT:
- 8.1 The Client acknowledges that the rights to the Goods are owned by EUROPAMARK and that the Goods are protected by Slovakian copyright laws, international treaty provisions and all other applicable national laws.
- 8.2 At our sole discretion we may change any part of this site. It is your responsibility to check if any alterations have occurred and any further orders placed by you, will constitute your acceptance of these terms.
9) RISK OF LOSS:
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
10) PAYMENTS:
- 10.1 New clients or other clients out of terms may be expected to pay in advance for their services.
- 10.2 All proforma invoices issued by EUROPAMARK shall be paid by the Client within seven (7) days of the date of invoice unless otherwise agreed in writing by the EUROPAMARK and the client. In the event of late payment, EUROPAMARK may charge interest on the amount outstanding before and after judgement at the rate of five (5) percent above the Base Rate of EUROPAMARK’s Bank in force from the due date until the date of payment. In addition, invoices unpaid for more than 30 days after the invoice date will incur a surcharge 3% of the outstanding amount.
- 10.3 If any amount of an invoice is disputed then the Client shall inform EUROPAMARK of the grounds for such dispute within fourteen days of delivery of the goods and shall pay to EUROPAMARK the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum then outstanding shall also be payable in accordance with these payment terms.
- 10.4 EUROPAMARK reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
- 10.5 Currency: All payments shall be made in Euros or US Dollars (to be agreed). Please note that EUROPAMARK cannot be held responsible for adverse currency fluctuations.
11) CANCELLATION:
In view of the nature of the goods and services, any order – once confirmed by EUROPAMARK– is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
12) DELIVERY:
- 12.1 The majority of goods as supplied by EUROPAMARK are shipped by sea/air and shall be deemed as having been delivered when the goods have arrived, disembarked and inspected at the port/airport of arrival. Any defaults, damaged goods or shortages should be reported to EUROPAMARK within the stipulated time.
- 12.2 Dispatch and Delivery: Delivery times are based on our couriers/forwarders and are approximate. It is your responsibility to ensure someone is available to accept delivery. If for any reason we cannot dispatch your order within 5 working days, we will notify you by e-mail.
- 12.3 All descriptions and weights are those of the original manufacture and are intended to give a general description of the goods. The weight to be shipped includes the weight of packaging for the goods.
13) TAXES AND DUTIES:
The customer is responsible for all import duties and taxes, which may be levied once the package reaches the customer's country of residence. If the customer is unsure of the relevant import duty and tax rates, they should contact their local customs office for further information. EUROPAMARK cannot be held responsible for the actions of any Customs Departments who choose to open and interfere with any package.
14) NOTICE:
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business, fax or email and shall be treated as having been given upon receipt.
15) LOSS OR DAMAGE TO SUPPLIES:
EUROPAMARK will take all reasonable steps to ensure the protection from loss, damage or destruction of the goods it supplies to the Client (or which may be received from the Client).
16) CONFIDENTIALITY:
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not, however, apply to information or material which is, or becomes, public knowledge by means other than by breach by a party to this clause.
17) EMPLOYMENT OF PERSONNEL:
Subject to the prior written consent of EUROPAMARK, the Client shall not induce to employ, whether as an employee, agent, partner or consultant, any employee of EUROPAMARK directly associated with delivery of the Goods.
18) LIMITATION OF LIABILITY:
- 18.1 EUROPAMARK shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of EUROPAMARK shall in any event be limited to the price of the goods paid by the Client in the year in which the event of default arises.
- 18.2 Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
19) FORCE MAJEURE:
EUROPAMARK will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the EUROPAMARK, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.
20) GOVERNING LAW:
These Terms of Trading shall be subject to and construed in accordance with the laws of Slovak Republic and the parties hereby submit to the exclusive jurisdiction of the courts of Slovak Republic.