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GENERAL TERMS AND CONDITIONS OF THE SUPPLY OF GOODS
The General Terms and Conditions of Supply (hereinafter referred to as the Terms) are regulated by the company LLC REMTRANSA, legal entity code: 123388488, its address: Savanoriu ave. 219, Vilnius, hereinafter referred to as the Supplier, the general terms and conditions of supply of goods and services.
Under these conditions, the Supplier shall be guided to the extent that they are not replaced by separate agreements with buyers of goods and services.
INTERPRETATION OF THE DEFINITIONS
In fulfilling its obligations, the Supplier shall specify the terms of fulfilment of the obligations in days or months. If the timeframe is provided in days, it is considered to be calendar days, except where it is stated in a prescriptive manner that it is a business day.
If the last day of the term is not a business day, the term expires on the first business day following that day.
These conditions form an integral part of the ordering of the goods, and together with the order are the goods supply contract. The orders determine the special conditions for the delivery of goods.
SUPPLY OF GOODS AND SERVICES
Goods and services are delivered on the basis of customer orders.
Orders may be submitted to the Supplier by e-mail, registered correspondence or directly.
The order must contain the buyer’s details (name, code, address of registered office, e-mail and phone number), the ordered goods and / or service data (code, name, quantity, and special parameters or features, if any), desired order completion term if the desired term differs from the term published by the Supplier.
If the received order is confirmed by the Supplier, the order comes into force and becomes a contract of purchase / sale of goods (services), binding on both parties. If the Supplier, confirming the received order, specifies (changes the delivery term, payment conditions, time and / or place of reception, etc.), the buyer acquires the right to cancel the order within 3 working days.
The order placed may be confirmed within 14 days of its dispatch. If the Supplier does not approve it within this timeframe, it may only be approved with the consent of both parties.
The approved order will only be executed after full payment, except for the exceptions provided for in these Terms and Conditions. If the parties agree on other payment conditions, such conditions must be agreed upon in the order.
Due to the fact that the specialized goods are manufactured only by the manufacturers of those goods, the Supplier is not subject to sanctions after the producer changes the production terms, but the Supplier must immediately inform the buyer about changes in delivery terms on this basis.
DELIVERY OF GOODS
The goods are delivered in EXW (EX WORKS) terms under INCOTERMS rules.
The supplier prepares the goods for delivery in the manufacturer’s warehouse within the set timeframe. The Supplier has the right to deliver the goods to his warehouse.
The goods must be taken from the warehouse by the buyer within 5 working days from the date of notification of its delivery to the warehouse.
The buyer is responsible for proper loading of the goods into the vehicle. Transportation and insurance costs are paid by the buyer. The buyer bears all the costs and risks associated with the transportation of the goods (including customs formalities costs).
Goods are transferred only after fulfilment of financial obligations agreed by the parties.
The prices of goods and services are publicly available on the Supplier’s website, in specialized catalogues or agreed in specific orders.
Prices are usually quoted in Euros. If prices are quoted in another currency, this currency is indicated next to the price.
If VAT is not included in the price, the price is considered to be excluded of VAT.
The prices quoted include costs related to the production of the goods and their transportation to the manufacturer’s warehouse specified by the Supplier.
The Supplier has the right to change the published prices, but the prices agreed in the specific order cannot be changed unless the parties agree otherwise.
Prices are subject to change when the country of origin or delivery of the goods is subject to a change of law directly affecting the charges on such goods or services.
The cash is paid in euros. If the buyer pays in a different currency, the Supplier shall have the right to claim the compensation of the currency exchange losses. The amount of the loss shall be calculated in accordance with the exchange rates and commissions charged by the Bank of the Supplier.
Payment shall be deemed to have been made when the funds are credited to the Supplier’s bank account.
DEFERMENT OF PAYMENTS
Having assessed the financial capacity of the buyer, the Supplier has the right to set a credit limit and deferment of payments to a particular buyer.
If a credit limit is set, the buyer has the right to place orders for the goods and take them with deferred payment within the limit of the credit limit amount.
If the order amount exceeds the set credit, the buyer must pay an amount exceeding the credit limit.
If the Buyer purchases the goods using the credit, he must pay no later than within 30 (thirty) calendar days from the date of delivery and reception of the goods.
If the buyer violates these deferred payment conditions, the Supplier shall have the right to end these conditions without additional notice.
The Supplier has the right to end the deferral of payment if the buyer becomes insolvent, is filed with the bankruptcy or restructuring case against him, or a court or arbitration case is initiated for an amount of more than EUR 50,000.
USE OF THE BRANDS
The Supplier shall not grant the Buyer any rights in connection with the use of the brands of manufacturers whose production the Supplier delivers.
Buyers shall not have the right to publish or otherwise provide information that they have acquired any rights to use the brands of their manufacturers when purchasing goods from the Supplier.
WARRANTY AND CLAIMS PROCEDURE
Claims for packaging damage or lack of packaging may be made no later than at the time of delivery and reception.
Claims for obvious defects in goods may be made no later than within 30 calendar days from the date of delivery and reception of the goods.
Claims for the quality of the goods may be made no later than two weeks after the date of such defect, but no later than one year after the date of delivery and reception of the goods.
The Buyer must deliver the defective product to the Supplier, and the Supplier must repair the good within a reasonable time or replace it with a new one.
PROTECTION OF PERSONAL DATA
For the purposes of these Terms and Conditions, one Party shall have the right to provide personal data to the other Party to the extent necessary to fulfil its obligations under the EU General Data Protection Regulation No. 2016/679 (hereinafter referred to as the Regulation).
The Parties are responsible for the reliability, fairness and legality of the personal data provided.
The Parties, when receiving personal data, must ensure compliance with the requirements of the Regulation, the Law on Legal Protection of Personal Data of the Republic of Lithuania and other legal acts.
The Parties undertake to cooperate in the enforcement of data subjects’ rights, by demonstrating the compliance with legal requirements, by assessing the impact on data protection and, if necessary, by consulting the supervisory authority.
Personal data provided by the parties to each other on the grounds provided for in these Terms and Conditions is confidential information.
The personal data processed may be used by the parties solely for the purposes set out in these Terms.
The parties must ensure that personal data can only be processed by those specialists (employees) who are committed to ensuring the confidentiality of personal data.
Each party must ensure the protection of personal data received from unauthorized disclosure or use in accordance with the Personal Data Protection Requirements established by the European Union and the Republic of Lithuania legal acts.
Each Party must take such technical and organizational measures as may be necessary to ensure the security of the Personal Data received, including protection against destruction, modification, unauthorized distribution or unauthorized access, and any form of unlawful processing of personal data.
The party must immediately notify the other party of any personal data breach.
At the request of a Party, and subject to prior written agreement, the Party must allow the other Party to audit or verify the personal data processing activities covered by these Conditions.
On termination of the cooperation between the parties, the parties must destroy the personal data received, unless the data is to be retained under European or national law.
The party has the right to use other processors to process personal data. In this case, the party undertakes to enter into such written data processing agreements with such persons, which set minimum requirements for the processing of personal data, and such requirements are not specified in these Conditions.
A breach of personal data security is considered a gross violation of the Party’s obligations.
Confidential information includes personal data, data contained in orders agreed between the parties, and information that a party or parties have requested to be treated as confidential.
Confidential information may not be disclosed to other persons for 2 (two) years from the date of order confirmation without the prior written consent of the other Party, unless disclosure of such information is required by applicable law.
If the buyer is late in taking the goods out of the warehouse, he must pay 5 (five) percent of the price of the goods per week for storage services.
If the buyer is late in taking the goods out of the warehouse for more than 30 calendar days or refuses the order, the Supplier shall acquire the right to cancel the order. In this case, the Supplier acquires the right to claim 50 percent of the price of the goods from the buyer. However, if the product has been ordered by special order, the Supplier will be entitled to a fine of 100 percent of the price of the goods.
If the Supplier is late in delivering the goods to the buyer, the Buyer shall be entitled to claim from the Supplier a penalty of 0.02% for each day of delay from the amount paid for the goods, except the cases where the delay is due to the extension of the production term of the specialized goods with the manufacturer.
If it becomes apparent that the Supplier will not be able to deliver the goods to the Buyer, the Buyer shall acquire the right to demand a 10% penalty of the price of the Goods from the Supplier.
If the Buyer fails to pay the Supplier in time, the Supplier shall have the right to delay the fulfilment of its obligations until the Buyer has fulfilled his obligations and prolong the executions of its obligations.
If the Buyer fails to pay for the goods on time, he must pay the Supplier the interests of 0.02 % for each day of delay from the outstanding amount.
Only direct losses of the parties can be compensated.
These Terms and Conditions shall take effect from the date of their publication. If the terms and conditions are changed after the order confirmation date, the terms and conditions published prior to the approval of the goods are valid.
The Supplier shall have the right to refuse to supply the goods to the Buyer if the Buyer violates the provisions of these Conditions.
Notifications to parties may be made in writing, by hand delivery, by registered mail or by e-mail.
The notification will be deemed to have been submitted from the moment of its service in person, if it is sent by registered mail, then after 3 (three) days from the date of its sending, by e-mail from the moment of receipt of the confirmation in the same form.
RESOLUTION OF DISPUTES
This Agreement shall be governed by the law of the Republic of Lithuania.
Disputes arising from these Terms and Conditions and confirmed orders shall be settled in the court of the place of registered office of the Supplier.
If any provision of these Terms is or becomes partially or totally invalid, it shall not invalidate the remaining provisions of these Terms.