Condizioni generali di acquisto e vendita

Disponibile in inglese.

General terms of purchase and sales

General terms of purchase

1. Sending out orders

Orders are sent to the supplier (fax, e-mail, regular mail) which shall give its consent by returning a certified copy to the Contracting authority within 2 days. In the event that the supplier does not reclaim the order within two days, the order shall be regarded as accepted.

2. Supplying

The Supplier undertakes to deliver the products to the Contracting authority at the agreed place or to provide services in accordance with the order. Delivery dates determined on quantity orders are the dates of arrival of the products at the agreed place or dates when the service is delivered (date of takeover) and not the dates of dispatch. In the event that the transport of goods is organized by the Contracting authority, it is considered that the supplier has performed its obligation when the goods are loaded on the means of transport of the Contracting authority. The supplier undertakes to carry out the supply or service within the delivery period specified in the individual order. In the event of a delay in the execution of the obligation, the Contracting authority may impose a default penalty of 1% per day to the supplier without prior notice, and in any case not more than 15% of the total value and the supplier shall be charged for all the business loss resulting from the delay or inadequate supply of equipment.

3. Notification regarding shipment, delivery note and identification

The supplier is obliged to send a notice of dispatch to the Contracting authority for any delivery carried out by it or by a carrier according to its order. Each delivery must be accompanied by a delivery note in three copies containing the following information:

  • Name and address of the supplier
  • Order number
  • Name and quantity of materials
  • Catalogue number of products
  • Declaration of compliance for products
  • Decaration of product origin
  • Instructions of use in Slovene
  • Warranty
  • Date of shipment departure

The supplier is obliged to supply the products in accordance with the method of packaging and the conditions of transport, which is determined by the order and its possible additions, as well as the technical acceptance conditions from the inquiry. On each package, consignments must clearly indicate the following information:

  • Name and adress of the supplier
  • Specifications of products in compliance with the order magnitude
  • Catalogue numbers of products
  • Number of products in a package, crate or shipment
  • Pace of arrival
  • Date of shipment departure

The supplier shall specify the provision of services on the relevant billing sheet (delivery note, work order, bill of lading, technical inspection record). The Contracting authority reserves the right to refuse to accept delivery. In this case, the supplier will return all products that were not ordered, which were dispatched without its order, and which were delivered in advance or which did not comply with the specification of the goods in the order upon arrival.

4. Acceptance of shipment

The Contracting authority undertakes to carry out an administrative takeover on the date of delivery of the products (or on the date of the service provided) provided that it has received the agreed documentation (notice of shipment, announcement of the delivery of the equipment, delivery note or relevant bill of lading) issued in accordance with the General Terms and Conditions, and that the product identification meets the terms of the General Terms and Conditions of purchase, and that the products are delivered one hour before the closure of the Contracting authority's warehouse. In the event that the documentation is incomplete, the administrative takeover is postponed until the date of completion by the supplier. The supplier undertakes to replace or repair the products (or to supplement the service) as soon as possible which, when taken over or in use, proved not to be impeccable or that they are inadequate. Goods are deemed to have been delivered and the service to have been provided when all the above documentation has been taken over.

5. Warranty

In the event of complaints, the supplier must, within 24 hours after receipt of the complaint record by the Contracting authority, proceed to the abolition of the reclaimed error and eliminate it immediately or as soon as possible. Notwithstanding the provision of the preceding paragraph, the supplier guarantees the buyer the quality of the delivered material, part or lot during the duration of the Inpro warranty.

6. Sales invoice of sent products and carried out services

The supplier is obliged to issue an invoice in duplicate to the address Inpro d.o.o., Loke 4, 8351 Straža, accompanied by a copy of the agreed documentation (delivery note, supplier's bill of lading, technical inspection record, surveillance record) signed by the supplier and the Contracting authority. The date of the record shall be the date on which no remarks on the record are made by the Contracting authority. The Contracting authority must receive the bills no later than within 5 days from the date of delivery of the goods or provision of services. Otherwise, the date of incurrence of the obligation and, accordingly, the currency of payment will be postponed for the corresponding number of days missed. For this time, the supplier is not entitled to claim default interest. In the event that the payment is due on Saturday or on a non-working day, it shall be executed on the next day. For this period, the supplier has no right to charge default interest. The invoice must be issued in accordance with the Value Added Tax Act. It must also include the following information:

  • Order number
  • Catalogue number of products and specifications of carried out services
  • Delivery note number
  • Suppliers registration number/code
  • Bank information (address of the bank and bank account number)

7. Terms of Payment

The maturity dates for payment and the method of payment are specified in the individual order. Payment of the invoice does not mean that the Contracting authority definitively recognizes the quality of supplies.

8. General clauses

In the event that the supplier wishes to execute orders not issued by Inpro on tools or on the basis of plans and documents owned by Inpro, it must obtain a written authorization from Inpro, especially if it is intended for the execution of orders for third parties, or the production of parts intended for resale in the supplier's country, or for export. The supplier agrees that the contract is subject to strict business confidentiality and therefore undertakes not to disclose or transfer to third parties the documents, plans, knowledge, information, tools and samples obtained from Inpro or those to which it had access during the participation, as well as the resulting outputs. The supplier undertakes to do everything necessary to ensure secrecy. Sketches, documents, plans and samples that are partly or entirely designed in Inpro or its partners and with which the supplier will be informed or will produce them itself for the needs of Inpro, shall remain the exclusive property of Inpro which reserves the right to pass on to their licensing partners or suppliers. In any case and in any form, Inpro's orders may not give rise to direct or indirect advertising. The supplier is obliged to conclude all necessary insurance that guarantees compensation to the Contracting authority or third parties for damage arising from the supplier's liability. The supplier is obliged to submit the documents and certificates of valid insurance to the Contracting authority, indicating the nature and duration of the guarantees and franchises. When performing works, the supplier is obliged to respect the generally applicable regulations in the field of occupational safety and the internal regulations of the Contracting authority. The supplier undertakes to comply with and comply with the Contracting authority's internal and legal regulations and instructions on the management of the environment. The supplier is selected to perform the order on the basis of the personal capabilities of the manager or group of executives of the company on the day of signing the order, on the basis of their equity participation, as well as the financial, human and material assets they have within their company. The supplier undertakes to notify the Contracting authority in case of changes in the company, which will have the right to cancel the order. The court in Novo mesto shall be competent to settle any disputes.

General terms of sales: Cooling

General regulations

The following general terms and conditions are an integral part of all pro forma invoices, invoices, bids and contracts and apply to all customers and business partners, even if this is not specifically mentioned in sales documents. Purchase terms that the buyer has specified without the consent of the seller are not binding, although they are indicated on the order. All orders received must be in writing. The receipt shall be valid only with our written confirmation. Confirmations by fax and e-mail are also considered as confirmed written orders. These general terms and conditions are not valid or not valid in full, if the contracting parties expressly agree otherwise by written agreement on individual issues.

Overview of work

The KLIMARENT service (hereinafter referred to as the KLIMARENT) means the installation of air conditioning or other equipment at the location of the Contracting authority with a duct connection, a management system and preventive and curative maintenance. The installation of the equipment is carried out according to a pre-designed study and technological procedure at the planned locations. In the event that the Contracting authority finds that there is insufficient installed power, it shall have the possibility of ordering additional units. In addition to the installation of equipment, the subject of the contract are the following works:

  • Access to the location of the Contracting authority
  • Installation of feed and inlet ducta Ø500, including passage of ducts through windows
  • Connecting power supply to the pre-assembled cables
  • Control system for space management
  • Regular maintenance of rented equipment, removal of congestion and training of the user
  • In the event that the contract is not renewed for the following period, it also includes the costs of dismantling.

Cost of service

The price is formed according to a valid price list based on the number of rental days. The service is charged from the date of signature of the handover record. The Contracting authority is obliged to confirm/reject the handover record no later than within 48 hours. All prices are in EUR and do not include value added tax and rebates. Each of the parties settles the sales relationship of any specific legal duty specified in the municipality, province or country in the EU, in the location of its company seat. The costs of bank fees are covered by each of the parties on their side.

When renting refrigeration equipment for 1 or more consecutive seasons, the total cost of cooling and ventilation services represents a payment for the entire cooling season, that is for five months, beginning in May and ending in September. Other months are free of charge for the Contracting authority, as the equipment remains in the set place and can be used by the Contracting authority. Therefore, we are talking about the annual amount of payment. The frequency of use of the devices does not affect the rental price. The KLIMARENT price includes the maintenance of the hardware in a technically appropriate condition. The equipment is replaced free of charge in the case of a machine fault or due to a proven deterioration in functioning. (See item GUARANTEE AND WARRANTY). The need of replacement is decided upon by the service provider of the contractor.

One preventive service is included in the price, which also includes cleaning of air conditioning and filter replacement. Depending on the location of the Contracting authority and the characteristics of its technological process, the system is diversely burdened with dirt, which may result in reduced system performance. This can not represent the reason for the implementation of the penal article of 0.7% / day, as this is a consequence of the frequency of use and the characteristics of the location. If this turns out to be the case, then the differently shall report the problem via the online application: http://servis.klimarent.com. commission an extra service, which is paid according to the INPRO price list.

The KLIMARENT price includes the maintenance of the distribution system in a technically appropriate condition. The price does not contain aesthetic supplements. The price includes replacement of PVC ducts or washing of fabric ducts every fifth year. The price does not include the individual requirements and needs of the Contracting authority for hygienic integrity. Early cleaning or early replacement services required due to the specifications of the working environment (dirt, dust, oil vapor, etc.) of the Contracting authority can be ordered by the contractor in addition, against a payment according the current price list.

After each service operation, the device is protected by a safety seal. The safety seal can be removed by the user only upon communication with the customer service. The service department confirms by email that it has allowed the breaking of the seal. If the seal is damaged without the KLIMARENT service center issuing a permit to this end, then it shall be considered that the Contracting authority has interfered with the operation of the device in an unauthorized manner. In this case, the warranty does not apply to equipment. Problems in operation can not be imputed to the Contracting authority. Potential necessary service provider intervention is charged according to the current pricelist.

The rental price does not include the costs of inspection of installations by local or state inspection bodies (e.g. emissions measurement, firefighting, earthing measurements ...).

Terms of payment

The invoice is payable within the time limit and in the manner agreed at the time of the conclusion of the contract or confirmed upon receipt of the order. The date of payment shall be the date of receipt of the customer's funds on our transaction account with a commercial bank. In the event that the customer does not pay the purchase price within the agreed payment period, we are entitled to charge statutory default interest. In the event of an unsuccessful agreement on the settlement of claims, we will, after a previous letter of formal notice, recover the payment with the lawsuit. The cost of each reminder is charged in the amount of eur 5.

In the event of late payments of obligations, the seller will schedule delayed payments in such a way that it will first cover the default interest and the cost of the reminder, and only then the remaining financial liabilities.

Upon signature of the contract or confirmation of the order, the seller and the Contracting authority may agree to distribute the payment on several equal monthly installments. In this case, the invoice for the monthly installment of payment will be issued on the 20th of the month for the current month.

Invoicing is done according to the contract, until the expiration or any other amendment of the contract confirmed by both contractual parties.

When a long-term contract for the KlimaRent service is concluded, it shall be agreed that when the EU's annual inflation exceeds 2.5%, the contract price is increased on 1st February each year to cover the difference ranging from 2.5% to the achieved EU inflation. Potential additional one-time costs are charged immediately after performance. The amount of additional one-off costs shall be defined in the contract or upon the confirmation of the order.

Any subsequent shifting of the equipment at the request of the Contracting authority shall be charged at the time when the cost is incurred, according to the valid price list. If the Contracting authority opposes the amount charged, it is obliged to pay the undisputed part within the agreed deadline. For the disputed part it shall write a written complaint within 8 days of receipt of the invoice. The contractor is obliged to respond in writing to the complaint within 8 days from the receipt of the complaint.

The right of ownership

The seller is the owner of the equipment with which it performs the service ordered by the buyer on the basis of a signed contract or a confirmed order form. The buyer may not give up the equipment for further rental to another natural or legal person. After the expiration of the rental period or after the termination of the contract, it shall be possible to disassemble and dispose of the equipment. Any legal disputes can not result in the buyer not allowing the dismantling of the equipment.

Complaints

The buyer may, in whole or in part, refuse to pay the invoice only if the complaint has a basis in the contractual terms or Articles of General Terms and Conditions of Sale. In the event of complaints about goods or services, the buyer is not entitled to unilaterally lower the amount stated on the seller's invoice for the goods or services provided. The buyer is obliged to make a written complaint within 8 days of receipt of the invoice. The seller is obliged to respond in writing to the complaint within 8 days from the receipt of the latter.

If the Contracting authority opposes the amount charged, it is obliged to pay the undisputed part within the contractual deadline. All complaints, the exercise of the rights arising from the guarantee, as well as the claims for damages are solved by the buyer and the seller in special procedures, and in the event of a dispute before the competent court, therefore it is considered that the obligations of the seller from these issues arise when the seller and the buyer agree in writing or when the court decides on them with a final decision.

Signing and duration of the contract

The sales relationship between the buyer and the seller enters into force from the date specified in the contract/order, and in case of non-existence of the latter, from the date when the seller and the buyer sign the contract/confirmation of the order for the supply of goods or services.

Annulment of the contract

The Contracting authority is entitled to unilateral termination in the event that the seller has failed to fulfill the obligations under the SELLER'S OBLIGATIONS clause and the GUARANTEE/WARRANTY provisions of these General Terms and Conditions. The notice period in this case is 30 days.

The seller has the right to unilateral termination in the event that the Contracting authority failed to fulfill the obligations under the PAYMENT TERMS and the OBLIGATIONS OF THE CONTRACTING PROPERTY of these General Terms and Conditions. The notice period in this case is 30 days.

The reason for the termination of the contractual relationship by the Contracting authority may also be force majeure (fire, natural disasters, etc.). In this case, there is no notice period. As a force majeure, the contracting parties shall regard all those unforeseen and unavoidable events that prevent the performance of contractual obligations and are also recognized by the case law regarding force majeure. The contracting party experiencing force majeure shall inform the other contracting party in writing of the start and also of the termination of force majeure, and in addition it shall provide the contracting party with credible evidence of the existence and duration of the force majeure no later than three days after the start or the termination of force majeure.

In the event that the Contracting authority terminates the contractual relationship early, the contractor charges the remaining monthly installments of the current season, as well as the recognized discount on the duration of the contract in the amount of 5% for each year of early termination of the contract in a single amount, and proceeds with disassembly of the equipment.

In the event that the Contracting authority terminates the short-term contract early, the seller has the right to charge costs for assembly, disassembly, opportunity cost, destroyed consumables, components made exclusively for the Contracting authority. The receipt of a request for the early termination of a contractual relationship is evidenced by registered mail with a receipt or, if the request has been submitted in person, with the confirmed receipt of the request by the contractor.

Notwithstanding the date of delivery of the request for early termination of a contractual relationship, the Contracting authority is obliged to fully settle the obligations under the contract until the date on which the contracting parties sign an agreement on the early termination of the contract.

Contract renewal

60 days before the expiration of the rental period, the seller will submit a notice to renew the rental period.

Upon receipt of the notice, the Contracting authority has 30 days to express its opinion on the content of the notice. In the event that the Contracting authority did not express its opinion on the statements in the notice, the seller shall consider that the content of the notice was accepted by the Contracting authority.

If the contract is concluded for a fixed period and is executed by the parties even after the expiration of the contractual term, the contractual relationship shall be deemed to have changed into a contract for an indefinite period under the same conditions.

In the event that the Contracting authority wishes to interrupt the rental of equipment after the expiration of the multiannual contract, it must inform the contractor about the termination of the equipment lease in writing 30 days before the end of the contract. If the contract is not terminated 30 days before the expiration but the Contracting authority wishes to terminate it later, the opportunity costs of placing equipment for other the Contracting Authorities in the amount of 20% of the annual rent shall be charged. The use of equipment provided to the Contracting authority after the expiration of the contracted rental period is calculated according to the valid Inpro price list.

14 days before the expiration of the short-term contract - seasonal lease the seller shall offer a new offer for renewal of the lease for the following period. If the Contracting authority does not renew it, the seller shall take the equipment away.

If the contract expires and the renewal agreement is concluded only after the expiration of the old contract, in case the equipment has remained on the site, it is considered that the renewal is valid from the last day of the transitional contract.

In the event that individual contracts or annexes are merged into an umbrella contract, it shall be construed that every unit in the lease, or each annex, each contract, enters into it with a different state of accounted installments. Upon the termination of such an umbrella agreement, a final assessment in the paid installments of a single unit shall be made.

In case of expiration or termination of the contractual period fixed and one-time costs for installation of the devices on the Contracting authority's side (perforations of walls, roofs, pedestals, power supply, etc.) can in no case, regardless of cause, be subject to a claim of reimbursement of costs issued by the Contracting authority.

The contract is deemed to be terminated and invoicing is stopped only after the mutual signing of the AGREEMENT ON THE TERMINATION OF THE CONTRACT.

Traderss / performer's obligations

  • Carry out works to the extent indicated.
  • Strictly respect the house rules and agreed terms of performance.
  • Carry out common protection at work and fire protection according to the internal acts of the Contracting authority.
  • Provides technically faultless cooling units.
  • Transferring the systems at the request of the Contracting authority, whereby the work and the material are charged according to the valid Inpro price list. The Contracting authority shall issue an additional order for this purpose. The performance conditions are agreed upon confirmation of the order.
  • The seller does not perform masonry repairs in the case of breaking through a wall after the installation of air conditioners.
  • According to the Decree on the Use of Ozone and Fluorinated Greenhouse Gases (OJ RS 41/2010 with all amendments), the vendor is the equipment manager subject to the contract and is responsible for fulfilling all the requirements of this Regulation
  • Upon removal and dismantling, the holes, which were intended for the passage of the duct through the wall, are closed with a canvas cap. Upon prior agreement, the whole transitional piece can be withdrawn, however, it is in no case obliged to establish the original state of the opening, the window.

Once a year at an annual service, the seller changes the cassette filters at its own expense. Any additional exchange of cassette filters at the request of the Contracting authority is calculated according to the valid price list. We accept written reports of disturbances through the portal at http://servis.klimarent.com. If no report is made via the specified portal, the equipment is considered to be operational. You can get help with reporting faults by registering on the toll-free number: 080 80 89 (for SLO).

Any minor failures on the system will be resolved by the seller within 48 hours (two working days) upon written notification by the Contracting authority at http://servis.klimarent.com, and the major breakdowns will be repaired no later than in 4 business days. If a defect can not be eliminated by the seller within 4 working days, the cooling system will be replaced with the second cooling system no later than the fifth working day after the Contracting authority has submitted the error message in writing. The contractual penalty of the seller, in the event that the fault is not resolve within the contractually agreed deadlines, is 0.7%/day of the annual or seasonal or eventual contractual value of the system in a malfunction. In the event that the fault is committed by the Contracting authority, the transport, work and material costs are calculated according to the applicable Inpro price list. We only provide a fault repair service if the fault report is submitted via the http://servis.klimarent.com web portal. If the buyer reports a fault for which a repairer later establishes that it does not exist at all, the seller has the right to charge the costs of a visit by the servicer according to the valid Inpro price list. In accordance with item 3, the buyer is obliged to settle the invoices in accordance with the agreed payment terms. In the event of untimely and irregular payments, the seller reserves the right not to perform a curative or preventive service. The buyer is obliged to identify the responsible person for communication with the seller's service department. A maintenance and fault reporting contact person must be a technician with the minimum knowledge necessary to diagnose faults based on instructions. In communication with the customer service of the contractor it needs to be able to follow the instructions, questions and controls of the customer service of the contractor. Under professional guidance of the service technician, it is permitted to open the equipment cover and to communicate the visual, significant and audible parameters of the (non) operation of the equipment.

Contracting authority's obligations

  • Define deadlines and responsibilities for work coordination
  • Determine the exact location of units
  • At the time of lease, in accordance with internal regulations, allows the operator's personnel to enter when performing service and maintenance operations
  • It uses the systems according to the instructions for use and informs the contractor of the functional disturbances.
  • Defines the responsible person for communication with the service department of the contractor. The maintenance and fault reporting contact person must be a technician with the minimum knowledge necessary to diagnose faults based on instructions. In communication with the customer service, the contractor must be able to follow the instructions, questions and controls of the service department of the contractor. Under expert guidance of the service technician, it is permitted to open the equipment cover and to communicate the visual, significant and audible parameters of the (non) operation of the equipment
  • When handing over the system, the contracting authority is obliged to provide a responsible contact person. If the contracting authority does not ensure presence at the agreed termination date of the assembly, it is considered that the system is accepted on that day of the completion of the assembly and that the contracting authority it is familiar with the operating instructions. The subsequent presence of the contractor for the purpose of handing over and training is calculated according to the current price list.
  • If the contracting authority makes a report of a fault for which a repairer later establishes that it does NOT exist, the contractor has the right to charge the costs of the servicer’s visit according to the applicable Inpro price list.
  • The contracting authority is obliged to pay a monthly contractual amount on a regular basis. In the event that the contracting authority payments are irregular, the contractor reserves the right not to perform a curative or preventive service.
  • As part of its security, it also protects the equipment of the contractor. In case of disposal of equipment, it informs the police and the performer of the incident and arranges for the police record of the damage event. The record shall be delivered to the contractor. In the event that these conditions are not fulfilled, it shall cover the value of the equipment of the contractor.
  • The works performed are confirmed by the handover minutes submitted by the contractor.
  • After the expiration of the rental period or after the termination of the contract, it shall allow the disassembly and removal of the equipment.
  • Handles devices in accordance with the principles of a good owner, otherwise it is responsible for damage to equipment.
  • The contracting authority may not give the equipment up for further leasing to another natural or legal person.
  • The contracting authority may not independently move the equipment and ducts to other locations without the written consent of the contractor, and may not carry out interventions into the system, except in the case of assistance by the contractor’s professional service in the reporting and attempted removal of operational faults. Otherwise, the seller does not guarantee the proper functioning of the system.
  • Any material damage caused by the contractor to the contracting authority’s facilities and equipment can only be claimed if it has been established on the spot in the presence of the staff of the contractor (prior to departure) and is entered in the handover minutes. A photo must be taken of the damage. The damage shall be corrected by the contractor himself or by the subcontractor upon orders by the contractor. The contracting authority does not have the right to repair the fault with its subcontractor.
  • In the event of a fire on the equipment of the contractor, the contracting authority shall proceed in accordance with its own Fire Code. If in this case there is damage to the items or persons of the contracting authority, the contracting authority is obliged to report the event to the relevant state authorities within three days and arrange for the event record. The contractor is not liable for the damage caused to the objects and persons of the contracting authority. The client declares that the fire risk of persons, equipment and buildings is insured.
  • In the event that the equipment of the contractor is endangered by the fire at the contracting authority's premises, the contracting authority is obliged to act in accordance with its own Fire Code and to prevent damage to the equipment of the contractor. If the equipment of the contractor is damaged, the contracting authority is obliged to provide the official record of the event within three days and deliver it to the contractor. Otherwise, the contracting authority, either alone or from its own insurance policy, is obliged to compensate for the damage incurred to the contractor.
  • After the lease period expires, it is mandatory to send a handover record upon disassembly. For EXW borrowing parity, record of the warehouse operator is needed. In FCO parity, the contracting authority records the disassembly. If the contracting authority can not demonstrate the return of the equipment with a record legally signed by the responsible person of the contractor, it is liable for the triple purchase value of the equipment.
  • Performs an electrical supply of 400 V (or 220 V) to the unit of the contractor and other necessary connections (gas, ...) and confirms the implementation with form OD-08-OPE-004 in writing. If the contracting authority confirms that itis ready for the assembly, but it turns out that this is not the case after the arrival of the contractor’s team, the seller is entitled to compensation for the costs.
  • Provide adequate drainage of warm air at the top of the hall. Prevent the outflow of cold air from the room (closing the outside door) in order to increase the efficiency of cooling. In extreme conditions (morning temperatures above 18 ° C, daily above 35 ° C), night ventilation and starting of compressors in the early morning hours are very important.
  • For optimum performance, the displacement of the hot exhaust air in the upper layers to the outside should be secured. This represents an intervention in the building of the contracting authority and, unless otherwise agreed and on the basis of the instructions of the contractor, this shall be execute by the owner, the building manager, or the contracting authority.

Warranty /assurance

The installed cooling/heating power is dimensioned based on the assessment of the condition in the building and many years of experience. The seller guarantees the entry of contractually agreed cooling/heating power and the amount of fresh air, air filtration and dehumidification with the cooling process. The seller guarantees that all devices comply with European CE directives. Furthermore, the seller undertakes to carry out the distribution of air in the space so that the collapse of the supply air to the floor is achieved to the maximum possible extent (in function of the possible displacement of the air). The emission of noise in the area is consistent with European standards - all devices are CE certified. The perceived noise level at the observed point in the surroundings of the device also depends on the configuration of the objects, their reflectance and the absorbance of the sound, as well as on the phenomena of interference, and the elimination of sound waves. The latter is not a characteristic of the device, but the property of the location and objects around the device. The seller advises on the implementation of any necessary anti-noise measures but does not implement them. The seller is not liable for direct damages which, as a result of any temporary defects of the systems of the contractor, may arise in the contracting authority’s production process. Limiting the use of or interruptions due to late payment shall not be regarded as failure to operate. The seller is not responsible for the level of consumption of energy products (electricity, fuel oil, gas), as the consumption of energy depends on the properties of the object and the duration of use of the equipment. Power consumption due to heating, cooling, also depends on ambient air conditions (temperature, humidity). The current room temperature is not the basis for the analysis of the systems, because the temperature can be caused by conditions, acts, and circumstances that are not within the domain of the contractor. The basis for analyzing the operation of the system is exclusively the entered cooling power which is calculated from the difference between the temperatures of the outside temperature and the temperature of the inlet of air, the difference in moisture between the outside moisture and the moisture of the inlet of air and the air flow.

Other regulations

The contractor is the owner of the equipment that is the subject of the lease. The contractor undertakes to perform the services professionally, correctly, conscientiously, in accordance with the instructions of the contracting authority. Potential legal disputes shall not result in the contracting authority not permitting the dismantling of the equipment. Changes to the contract should be made only in writing and with the prior approval of both contracting parties. For everything not specifically provided for in this contract provisions of the Code of Obligations are directly applicable. Both buyer and seller are obliged to immediately report any changes relating to the company, the head office, the name of the bank through which it operates, and the like, and which are important for normal business cooperation between the parties to the contract. For any possible dispute, the court in Novo mesto is competent. Only the law of the Republic of Slovenia applies. These General Terms of Sale, Selivery and Payment take effect 3 days after publication on the website of the seller http://www.inpro.si/. A transaction is deemed to be void if, in relation to its conclusion or provider, corruption occurs which affects or is likely to affect the settlement of the contracting parties.

General terms of sales: Heating

General regulations

The following General Terms and Conditions are an integral part of all pro forma invoices, invoices, bids and contracts for the execution of the heating service and apply to all customers and business partners, even if this is not specifically mentioned in sales documents. Purchase terms that the buyer has specified without the consent of the seller are not binding, although they are indicated on the order. All orders received must be in writing. Orders are valid only with our written confirmation. Confirmations by fax and email are also considered as confirmed written orders. These General Terms and Conditions are not valid or not in full, if the contracting parties expressly agree otherwise by written agreement on individual issues.

Overview of work

KLIMARENT service (hereinafter KLIMARENT) means the installation of heating or other equipment at the site of the contracting authority with a duct connection, a management system and preventive and curative maintenance. The installation of the equipment is carried out according to a study drawn up in advance and the select technological procedure at the planned locations. In the event that the contracting authority finds that there is insufficient installed power, it shall be possible to order additional units. In addition to the installation of equipment, the subject of the contract is the following:

  • Access to the location of the contracting authority.
  • Installation of feed and inlet ducts Ø500, including passage of ducts through windows.
  • Connecting power supply to the pre-assembled cables.Control system for space management.
  • Regular maintenance of rented equipment, removal of congestion and training of the users.
  • In the event that the contract is not renewed for the following period, it also includes the costs of dismantling.

Service cost

The price is set according to the valid price list based on the number of rental days. The service is charged from the date of signature of the handover record. The contracting authority is obliged to confirm/reject the handover record no later than within 48 hours.

All prices are in EUR and do not include value added tax and rebates. Each of the parties in the sales relationship settles any specific legal duty specified in the municipality, province or country in the EU, at their location. The costs of bank fees are covered by each of the parties on their side.

For rental of equipment for 1 or more consecutive seasons, the total price of the heating service represents a payment for the entire heating season, that is for five months, beginning in November and ending in March. Other months are free for the contracting authority, as the equipment remains in the set place and can be used by the contracting authority. Therefore, we are talking about the annual amount of payment. The frequency of use of the devices does not affect the rental price.

The KLIMARENT price includes the maintenance of the hardware in a technically appropriate condition. The equipment is replaced free of charge in the case of a machine breakages or deterioration proven with measurements. (See point GUARANTEE AND WARRANTY). The necessity of a replacement is decided by the service provider of the contractor.

One preventive service is included in the price.

The price of KLIMARENT includes the maintenance of the distribution system in a technically appropriate condition. The price does not contain aesthetic supplements. The price includes replacement of PVC ducts or washing fabric ducts every fifth year. The price does not include the individual requirements and needs of the contracting authority for hygienic integrity. Early cleaning or early replacement services required due to the specifications of the working environment (dirt, dust, oil vapor, etc.) of the contracting authority can be ordered additionally by the contracting authority from the contractor for payment according to the current price list.

After each service operation, the device is protected by a safety seal. The safety seal can be removed by the user only when communicating with the service department. The service department confirms by email that it has allowed the break of the seal. If the seal is damaged, and the KLIMARENT service center has not issued a permit, then it is considered that the contracting authority has interfered with the operation of the device in an unauthorized manner. In this case, the warranty does not apply to equipment. Functional problems can not be imputed to the contractor.

Possible intervention by the customer’s service department is charged according to the current pricelist. The price of the lease does not include the cost of inspection of installations by local or national inspection bodies (e.g. emission measurements, fireplace inspection, earthing measurements).

Terms of payment

The invoice is payable within the deadline and in the manner agreed upon at the conclusion of the contract or confirmed upon receipt of the order. The date of payment is the date of receipt of the customer's funds on our transaction account opened with a commercial bank. In the event that the buyer does not pay the purchase price within the agreed payment period, we are entitled to charge statutory default interest. In the event of an unsuccessful agreement on the settlement of claims, we will, after a previous letter of formal notice, recover the payment with a lawsuit. The cost of each reminder is charged in the amount of eur 5.

In the event of late payments of obligations, the seller will schedule delayed payments in such a way that it will first cover the default interest and the cost of the reminder, only then the remaining financial liabilities.

Upon signature of the contract or confirmation of the order, the seller and the contracting authority may agree to distribute the payment on several equal monthly installments. In such a case, the invoice for a monthly installment of the payment will be issued on the 20th of the month for the current month. The invoicing is performed according to the contract, until the expiry of the contract or any other amendment confirmed by both contracting parties.

When concluding a long-term contract for the KlimaRent service, when the annual EU inflation exceeds 2.5%, the contract price increases from February 1 each year to a difference between 2.5% and the EU inflation achieved.

Any additional one-time costs are charged immediately after the execution. The volume of additional one-time costs is defined in the contract or upon the confirmation of the order. Possible subsequent transfer of the equipment at the request of the contracting authority is calculated when the cost incurred according to the valid price list.

If the contracting authority contests the amount charged, it is obliged to pay the undisputed part within the agreed deadline. For the disputed part it shall write a written complaint within 8 days of receipt of the invoice. The contractor is obliged to respond in writing to the complaint within 8 days from the receipt of the latter.

The right of ownership

The seller is the owner of the equipment with which it performs the service ordered by the buyer on the basis of a signed contract or a confirmed order form.

The buyer may not give the equipment for further rental to another natural or legal person. After the expiration of the rental period or after the termination of the contract, it shall be possible to disassemble and dispose of the equipment. Any legal disputes can not result in the buyer not allowing the dismantling of the equipment.

Complaints

The buyer may, in whole or in part, refuse to pay the invoice only if the complaint has a basis in the contractual terms or the General Terms and Conditions of Sale. In the event of complaints about goods or services, the buyer is not entitled to unilaterally lower the value of the seller's invoice for the goods or services provided. The buyer is obliged to make a written complaint within 8 days of receipt of the invoice. The seller is obliged to respond in writing to the complaint within 8 days from the receipt of the latter. If the contracting authority opposes the amount charged, it is obliged to pay the undisputed part within the contractual deadline. All complaints, the exercise of the rights arising from the guarantee and the claims for damages shall be solved by the buyer and the seller in special procedures, and in the event of a dispute before the competent court, therefore, it is considered that the obligations of the seller from these titles arise when the seller and the buyer agree in writing or when the court decides on them with a final decision.

Signing and duration of the contract

The sales relationship between the buyer and the seller enters into force from the date specified in the contract/order, and if it is not included, from the date when the seller and the buyer sign the contract/confirmation of the contract for the supply of goods or services.

Annulment of the contract

The contracting authority is entitled to unilateral termination in the event that the seller has failed to fulfill the obligations under the SELLER'S OBLIGATIONS clause and the GUARANTEE / WARRANTY provisions of these General Terms and Conditions.

The notice period for this case is 30 days. The seller has the right to unilateral termination in the event that the contracting authority failed to fulfill the obligations under the PAYMENT TERMS and the item of OBLIGATIONS OF THE CONTRACTING AUTHORITY of these General Terms and Condition. The notice period in this case is 30 days.

The reason for the termination of the contractual relationship by the contracting authority may also be a force majeure (fire, natural disasters, etc.). In this case, there is no notice period.

The contracting parties regard as force majeure all those unforeseen and unavoidable events that prevent the performance of contractual obligations and are also recognized as such by the case law for force majeure. The contracting party experiencing the force majeure shall inform the other contracting party in writing of the start and also of the termination of force majeure, and in addition it shall provide the other contracting party with credible evidence of the existence and duration of the force majeure no later than three days after the entry into force or the termination of force majeure.

In the event that the contracting authority terminates the contractual relationship early, the contractor shall charge the remaining monthly installments of the current season, as well as a recognized discount on the duration of the contract in the amount of 5% for each year of early termination of the contract in a single amount and shall disassemble the equipment.

In the event that the contracting authority terminates the short-term contract early, the seller has the right to charge for assembly, disassembly, opportunity costs, destroyed consumables, components made exclusively for the contracting authority. The receipt of a request for the early termination of a contractual relationship is evidenced by registered mail with a receipt or, if the request has been submitted in person, with the confirmed receipt of the request by the contractor.

Notwithstanding the date of delivery of the request for early termination of a contractual relationship, the contracting authority is obliged to fully settle the obligations under the contract until the date on which the contracting parties sign the agreement on the early termination of the contract.

Contract renewal

60 days before the expiration of the rental period, the seller shall provide a notice to extend the rental period.

Upon receipt of the notice, the contracting authority has 30 days to declare its position regarding the content of the notice.

In the event that the contracting authority did not declare its position regarding the statements in the notice, the seller shall consider that the content of the notice was accepted by the contracting authority.

If the contract is concluded for a fixed period and is implemented by the contracting parties even after the expiration of the contractual term, the contractual relationship shall be deemed to have entered into a contract for an indefinite period under the same conditions.

In the event that the contracting authority wishes to interrupt the rental of equipment after the expiration of the multiannual contract, it must inform the contractor in writing about the termination of the equipment lease in writing 30 days before the end of the contract. If the contract is not terminated 30 days before the expiration but the contracting authority wishes to terminate it later, the opportunity costs of placing equipment for other clients will be charged, in the amount of 20% of the annual rent. For the equipment provided to the contracting authority after the expiration of the contracted rental period, the use shall be calculated according to the valid Inpro price list.

14 days before the expiration of the short-term contract - seasonal lease the seller shall submit a new offer for renewal of the lease for the following period. If the contracting authority does not renew, the seller shall take the equipment away.

If the contract expires and the renewal agreement is concluded only after the expiration of the old contract, in case the equipment has remained on the site, it is considered that the extension is valid from the last day of the transitional contract.

In the event that individual contracts or annexes are merged into an umbrella contract, every unit in the lease, or each annex, each contract, enters the umbrella contract in a different state of accounted installments. Upon the termination of such an umbrella agreement, a final assessment in the paid installments of a single unit shall be made.

Fixed and one-time installation costs of the devices on the part of the contracting authority (perforations of walls, roofs, pedestals, power supply, etc.) in case of expiration or termination of the contractual period can in no case, regardless of cause, be subject to claims for reimbursement of costs made by the contracting authority.

The contract is deemed to be terminated and invoicing is stopped only after the mutual signing of the AGREEMENT ON THE TERMINATION OF THE CONTRACT.

Trader's/performer's obligations

  • Carry out works to the extent indicated.
  • Strictly respect the house rules and agreed terms of performance.
  • Carry out common protection at work and fire protection according to the internal acts of the contracting authority.
  • Provide technically faultless cooling units.
  • At the request of the contracting authority, transferring the systems, whereby the works and the material are charged according to the valid Inpro price list. The contracting authority shall issue an additional order for this purpose. The performance conditions are agreed upon confirmation of the order.
  • The seller does not perform masonry repairs in the case of wall perforation after the installation of air conditioners.
  • According to the Decree on the Use of Products and Equipment Containing Ozone-depleting Substances and Fluorinated Greenhouse Gases (OG RS 41/2010 with all amendments), the vendor is the equipment manager that is the subject of the contract and is responsible for fulfilling all the requirements of this Regulation as such.
  • Upon removal and dismantling, the holes which were intended for the passage of the ducts through the wall are closed with a canvas cap. Upon agreement, the entire transitional piece can be withdrawn, but in no case shall the contractor be obliged to establish the original state of the opening, the window.

Once a year at an annual service, the seller changes the cassette filters at its own expense. Any additional changes to cassette filters at the request of the contracting authority shall be calculated according to the valid pricelist. Written reports of faults are received via the portal at http://servis.klimarent.com. If no report is made via the specified portal, the equipment is considered to be functioning. For assistance, please contact us on the toll-free number: 080 80 89 (for SLO)

Any minor failures on the system will be resolved by the vendor within 48 hours (two business days) after the written notification by the contracting authority at at http://servis.klimarent.com, and in case of major breakdown no later than in 4 working days.

If a defect can not be eliminated by the seller within 4 working days, the cooling system will be replaced with another cooling system no later than the fifth working day after the contracting authority has submitted the fault report in writing.

The contractual penalty for the seller, in the event that the fault is not resolved within the contractually agreed deadlines, is 0.7% / day of the annual or seasonal or eventual contractual value of the malfunctioning system.

In the event that the fault is due to the actions of the contracting authority, the transport, work and material costs are calculated according to the applicable Inpro price list.

We only provide a fault repair service if the fault report is submitted via the http://servis.klimarent.com.

If the buyer reports a malfunction for which it is proven, after been inspected by the repairer, that it does NOT exist at all, the seller has the right to charge the costs of the servicer’s intervention according to the valid Inpro price list.

In accordance with item 3, the buyer is obliged to settle the invoices in accordance with the agreed payment terms. In the event of untimely and irregular payments, the seller reserves the right not to perform a curative or preventive service.

The buyer is obliged to identify the responsible person for communication with the seller's service department. A contact person in charge of maintenance and fault reporting must be a technical person with the minimum knowledge necessary to diagnose malfunction based on instructions. In communication with the contractor’s customer service, he/she must be able to follow the instructions, questions and controls of the service provider of the contractor. In case of professional guidance by a service technician, it is permitted to open the equipment cover and to communicate the visual, significant and audible parameters of the (non) operation of the equipment.

Obligations of the contracting authority

  • Define terms and person responsible for work coordination.
  • Determine the exact location of units.
  • At the time of lease, in accordance with internal regulations, allow the contractor's personnel to enter during service and maintenance operations.
  • Use the systems according to the instructions for use and inform the contractor about any functional disturbances.
  • Identify the person responsible for communication with the service provider of the contractor. A maintenance and error service contact person must be a technical person with the minimum knowledge necessary to diagnose errors based on instructions. In communication with the contractor’s customer service, he/she must be able to follow the instructions, questions and controls of the service provider of the contractor. In case of professional guidance by a service technician, it is permitted to open the equipment cover and to communicate the visual, significant and audible parameters of the (non) operation of the equipment.
  • When handing over the system, the contracting authority is obliged to provide a responsible contact person. If the contracting authority does not ensure presence of the latter at the agreed termination date of the assembly, it is considered that the system is accepted on that day of the completion of the assembly and that contracting authority is familiar with the operating instructions. The subsequent presence of the contractor for the purpose of handing over, training, is calculated according to the current price list.
  • If the buyer reports a malfunction for which it is proven, after been inspected by the repairer, that it does NOT exist at all, the seller has the right to charge the costs of the servicer’s intervention according to the valid Inpro price list.
  • The contracting authority is obliged to pay a monthly contractual amount on a regular basis. In the event that the payments by the contracting authority are made irregularly, the contractor reserves the right not to perform a curative or preventive service.
  • As part of its security, the contracting authority shall also protect the equipment of the contractor. In case of disposal of equipment, it informs the police and the contractor about the damage event and arranges for the police record of the damage event. The records shall be delivered to the contractor. In the event that these conditions are not fulfilled, the contracting authority is liable for the entire value of the equipment of the contractor.
  • Confirms the works performed by the handover minutes submitted by the contractor.
  • After the expiration of the rental period or after the termination of the contract, it shall allow the disassembly and removal of the equipment.
  • Handle devices in accordance with the principles of good manager, otherwise it is liable for damage to equipment.
  • The contracting authority may not give the equipment up for further rental to another natural or legal person.
  • The contracting authority may not independently move equipment and ducts to other locations without prior written consent by the contractor, and must not interfere with the system, except in the case of assistance by the contractor’s professional service provider when reporting and attempting to eliminate defects in operation. Otherwise, the vendor does not guarantee the proper functioning of the system.
  • Any material damage caused by the contractor to the contracting authority's facilities and equipment can only be claimed if it has been established on the spot in the presence of the contractor’s staff (prior to departure) and is entered in the handover record. There must be a photo taken on the matter. The damage shall be repaired by the contractor itself or by its subcontractor authorized by the contractor. The contracting authority does not have the right to repair the damage with its own subcontractor.
  • In the event of a fire on the contractor’s equipment, the contracting authority shall proceed in accordance with its own Fire Code. If in this case there is damage to the items or persons of the contracting authority, the contracting authority is obliged to report the event to the relevant state authorities within three days and arrange for the event record. The contractor shall not be held liable for the damage caused to the objects and persons of the contracting authority. The contracting authority hereby states that the fire risk of persons, equipment and buildings is insured.
  • In the event that the equipment of the contractor is endangered by the fire at the contracting authority's premises, the contracting authority is obliged to act in accordance with its own Fire Code and to prevent damage to the equipment of the contractor. If the equipment of the contractor is damaged, the contracting authority is obliged to provide the official record of the event within three days and deliver it to the contractor. Otherwise, the contracting authority, either alone or from its own insurance policy, is obliged to compensate for the damage incurred by the contractor.
  • After the lease period expires, it is mandatory to send a handover record upon disassembly. For EXW borrowing parity, record of the warehouse operator is mandatory. In FCO parity, the contracting authority’s records on disassembly are mandatory. If the contracting authority can not demonstrate the return of the equipment with a record that is signed in a readable manner by the responsible person of the contractor, it shall be liable for the triple purchase value of the equipment.
  • Provide power supply of 400 V (or 220 V) to the unit of the contractor and other necessary connections (gas, ...) and confirm the implementation in writing with the OD-08-OPE-004 form. If the contracting authority confirms that it is ready for assembly, only to be proven otherwise on the arrival of the contractor’s team, the seller is entitled to compensation of costs.

Warranty/assurance

The installed power of heating is dimensioned based on the assessment of the condition in the building and many years of experience.

The seller guarantees the input of the contractually agreed heating power. The seller guarantees that all devices comply with European CE directives. Furthermore, the seller undertakes to execute distribution of air into the room so that the delivery of warm air to the floor is achieved to the maximal extent.

The noise emission in the surroundings is in accordance with European standards - all devices have a CE certificate. The perceived noise level at the observed point in the vicinity of the device also depends on the configuration of the objects, their deflection and absorbance of the sound, as well as on the phenomena of interference and the diffraction of sound waves. The latter is not a property of the device, but rather the property of the location and objects around the device.

The seller advises on the implementation of any necessary anti-noise measures but does not implement them. The seller is not liable for direct damages which, as a result of any temporary defects of the systems of the contractor, may result in the contracting authority's production process. The limitation of use or interruption of functioning due to late payment is not considered as failure.

The seller is not responsible for the amount of energy consumption (electricity, heating oil, gas), since the consumption of energy products depends on the characteristics of the facility and the duration of use of the devices. Energy consumption, both in heating and cooling, also depends on the state of the outside air (temperature, humidity).

The current temperature in the room is not the basis for analyzing the functioning of the systems, because the temperature can be the result of states, acts and circumstances that are not within the domain of the contractor. The basis for analyzing the operation of the system is exclusively the cooling power entered which is calculated from the difference between the temperatures of the outside temperature and the temperature of the air inlet, the difference in moisture on the outside and the moisture of the air inlet and the air flow.

Other regulations

The contractor is the owner of the equipment that is the subject of the lease. The contractor undertakes to perform services professionally, correctly, conscientiously, and in accordance with the instructions of the contracting authority.

Any legal disputes shall not result in the contracting authority not permitting the dismantling of the equipment.

Changes to the agreement can only be made in writing and are subject to prior approval by both parties.

Anything not specifically provided for in this Agreement shall be directly subject to the provisions of the Obligatory Code. Both the buyer and the seller are obliged to notify without delay all the changes that relate to the company, its head office, the name of the bank through which it operates, and which are relevant to normal business between the parties to the contract.

For all possible disputes, the court in Novo mesto is competent. Only the law of the Republic of Slovenia applies.

These general terms of sale, delivery and payment take effect 3 days after publication on the website of the seller: https://www.inpro.si/.

A transaction is deemed to be void if, in relation to its conclusion or provider, corruption occurs which affects or is likely to affect the actions of the contracting parties.

General terms and conditions of renting prefabricated facilities

General regulations

General terms and conditions are an integral part of all pro forma invoices, offers, contracts and invoices, and apply to all contracting authorities and business partners, unless otherwise indicated on sales documents. All orders received must be in writing. Contracts are valid only with double-entry written confirmation. Confirmations by fax and e-mail are also considered as orders confirmed in writting. Any services not listed in the contract will be charged additionally. These general terms and conditions are not applicable in the part where the contractual parties expressly agree otherwise by written agreement on individual provisions.

Overview of work

Rental service of prefabricated facilities, equipment and other technical tools means the installation of components and the commissioning of other equipment at the site/location. The installation of the equipment is carried out according to a pre-designed plan or arrangement at the planned locations. The contracting authority and the contractor determine the date of assembly and disassembly of the equipment. All necessary documents and permits for the installation of a prefabricated facility shall be provided by the contracting authority. The contractor confirms the handover minutes after the handover.

Service cost

The price of the service and the method of calculating rent are determined in the contract, purchase order or pro forma invoice.

Terms of Payment

The payment terms and method of accounting for derivative works are specified in the contract.

Invoicing is done according to the contract, until the expiration of the contract or any other amendment confirmed by both contractual parties.

Additional ordered works are charged on the basis of a written order by the contracting authority. The contractor may request the contracting authority to insure payment by means of an appropriate insurance instrument such as: a 100% advance payment, a bill of exchange with a bill statement or a bank guarantee. If the contracting authority is late with payments for more than 30 days, the contractor has the right to unilaterally terminate the contract and to remove all leased equipment. The contractor shall inform the contracting authority in writing of the termination of the contract.

The right of ownership and technical specifications for installation

The contractor is the owner of the equipment with which it performs the service ordered by the contracting authority on the basis of a signed contract or a confirmed order form. The customer is prohibited from changing or any encroachment on leased equipment and shall also not give the equipment which is the property of the contractor up for further leasing to another natural or legal person. In the event of an infringement, the contracting authority shall be liable for all the damage caused.

After the expiration of the rental period or after the eventual termination of the contract, the contracting authority shall enable the disassembly and removal of the equipment by removing all possible obstacles that would prevent the course of the works or the removal. The contracting authority shall provide the contractor with suitable field access to a facility with trucks of up to 25 tons, lifting platforms, and forklift trucks, if these are necessary for the installation.

Assembly is done by placing 80-100 cm long pegs into the ground, asphalt or concrete floors and pavings. The repair of the groundwork after removal of the pegs shall be carried out by the contracting authority at its own expense. If the assembly can not be carried out by means of the pegs mounting, the attachment shall be carried out with special weights and screws.

Complaints

The contracting authority is obliged to notify the contractor of the errors in quantity and obvious faults or damage to the equipment or installation at the time of acceptance of the shipment. The contracting parties shall draw up a record on the faults. The contracting authority may, in whole or in part, refuse to pay the invoice only if the complaint has a basis in the contractual articles or articles of the General Terms and Conditions of Renting Prefabricated Facilities and on the basis of a mutually signed record of errors and faults found.

In the event of complaints about goods or services, the contracting authority shall not be entitled to unilaterally lower the value of the seller's invoice for the goods supplied or the service provided. The contracting authority is obliged to make a written complaint within 8 days of receipt of the invoice and the contractor is obliged to respond in writing to the complaint within 8 days from the receipt of the latter. If the contracting authority opposes the amount charged, it is obliged to pay the undisputed part within the agreed deadline.

All complaints, the exercise of rights arising from the guarantee and claims for damages shall be settled by the contracting authority and the contractor first by mutual agreement in special procedures and, if that is not possible, they will submit the dispute to the competent court at the head office of the contractor.

Contractor's obligations

Perform the work professionally and correctly, in accordance with the project documentation, quality, consents and requirements of the contracting authority and in accordance with the applicable technical regulations and standards, in such a way as to ensure the safety, quality and functionality of the facility.

Perform works in a contractually agreed scope and at agreed times for the execution of works and agreed deadlines. It shall obtain the consent of the contracting authority for the changes of individual technical solutions. It shall strictly respect the house rules.

The contractor undertakes to have insured prefabricated facilities for the time of assembly, disassembly and transport. It shall apply joint protection at work and fire protection according to the contracting authority's internal acts. At the request of the contracting authority, it shall perform additional ordered works. For additional works, the contracting authority shall submit to the contractor an additional written order with agreed prices. The performance conditions are agreed upon confirmation of the order.

Contracting authority's obligations

Determine the exact location of units’ assembly, hands over to the contractor the plans of the terrain situation, utility connections, project and precise written instructions for the installation of heating and air conditioning installations.

Ensure lighting of the building site, suitable storage room with a lock if the contractor needs it and sanitary facilities. At its own expense, obtain the appropriate permits, in accordance with the law and the contract for the rental of space. At the time of lease, in accordance with internal regulations, it shall enable the staff of the operator to enter during service and maintenance works.

The contracting authority is obliged to handle the leased equipment and return it to the contractor in an undamaged condition, in accordance with the principles of a good manager, otherwise it is responsible for the damage caused to the equipment. It is obliged to return the equipment in clean condition, especially tent components.

Select the responsible person for communication with the service provider of the contractor.

When delivering components and equipment for the use of the contracting authority, the latter is obliged to provide a responsible contact person and confirm the record of the acquisition of contractually agreed works. If the contracting authority fails to ensure the presence of its authorized person at the agreed termination date of the assembly, it is assumed to have accepted the system without errors and faults and that it is acquainted with the instructions for its operation and management. Upon completion of the lease, the contracting authority shall review the leased equipment and prepare the handover record. If there is visible damage or if devices are not functioning when the equipment is taken over, the contracting authority is obliged to eliminate or replace them at their expense with new ones. In case the errors and faults are not remedied by the contracting authority, they are abolished by the contractor on the contracting authority's costs.

The contracting authority shall, at its own expense, ensure the protection of the operator's equipment. As part of its protection, it shall also protect the equipment of the operator from damage and alienation. In case of disposal of equipment, it shall inform the police and the contractor of the event and arrange for the police record of the damage event. It shall submit the record to the contractor. In the event that these conditions are not fulfilled, the contracting authority shall be held liable for the value of the contractor’s equipment.

The contracting authority may not independently move the equipment to other locations.

Any material damage caused by the contractor to the customer's facilities and equipment can only be enforced if it has been established on the spot in the presence of the contractor’s staff (before departure) and is entered in the handover record. There must be a photo taken on the matter. The damage shall be corrected by the contractor itmself or by a subcontractor authorized by the contractor. The contracting authority does not have the right to remedy the damage alone or with other contractors.

If in the event of a fire, there is damage to the things or persons of the contracting authority or contractor, the contracting authority is obliged to report the event to the relevant national authorities within three days and arrange for the event record. The contractor shall not be liable for the damage caused to the objects and persons of the contracting authority. The contracting authority hereby declares that it has protected fire risk of persons, equipment and buildings.

In the event that the equipment of the contractor is endangered by the fire at the contracting authority's premises, the contracting authority is obliged to act in accordance with its own Fire Code and to prevent damage to the equipment of the contractor. If the equipment of the contractor is damaged, the contracting authority is obliged to notify the contractor immediately and report the event to the relevant state services and provide the official record of the event within three days and submit it to the contractor. Otherwise, the contracting authority, either alone or from its own insurance policy, is obliged to compensate the damage incurred by the contractor.

If the work is not completed within the due time due to force majeure (rain, mud, snow, wind, storm, ...), the contractor does not pay compensation costs. For any delays due to traffic accidents, roadblocks, strikes, etc., the contracting parties shall agree on a new time limit for the completion of works, if possible.

The contracting authority undertakes to place the facility in its original condition at its own expense, including final cleaning and waste removal, after the end of rental and the dismantling.

Upon expiration of the rental period, it is mandatory to draw up a handover record upon dismantling which becomes valid with the signature of both contracting parties. For EXW borrowing parity, record of the warehouse operator is mandatory. In case of FCO parity, the contracting authority’s disassembly record is mandatory.

In the event that the contracting authority does not return all the equipment supplied by the contractor, it shall be obliged to pay the contractor, on the basis of the invoice issued, the purchase value of the material and equipment together with all the resulting delivery costs.

Warranty/Assurance

The contractor shall not be held liable for direct damages which, as a result of an error or fault by the contractor, may result in the contracting authority's process.

Other regulations

Any legal dispute shall not result in the contracting authority not permitting the dismantling of the equipment. The contracting authority and the contractor are obliged to notify without delay all the changes that relate to the company and which are important for the smooth operation between the contracting parties. For all possible disputes, the court in Novo mesto is competent. Only the law of the Republic of Slovenia applies. These General Conditions of Sale, Delivery and Payment shall enter into force upon signature and delivery of the contract to the contracting authority.

Signing and duration of the contract

The validity and method of concluding the contract and the duration of the contract are specified in the contract itself. Receipt of the request for early termination of a contractual relationship shall be proven by registered mail with acknowledgment of receipt or, if the request was submitted personally, with the confirmed receipt of the request by the contractor. Notwithstanding the date of delivery of the request for early termination of the contractual relationship, the contracting authority is obliged to fully settle its contractual liabilities to the date on which the contracting parties sign the agreement on early termination of the contract.

General terms: Photovoltaics

1. Subject of terms

1.1. These General Terms and Conditions govern the obligatory relations between INPRO d.o.o., Loke 4, 8351 Straža (hereinafter referred to as seller/contractor) and buyers of goods, products and services from its sales program (hereinafter referred to as goods).

1.2. These General Terms and Conditions apply to all relationships between the seller and the buyers, unless otherwise agreed between the seller and the buyer for a particular case. In case of doubt, only arrangements in writing shall be considered as a different arrangement. These sales conditions prevail over the purchasing conditions of the buyer unless the buyer and the seller agree otherwise in writing.

2.Sales program

2.1. The seller provides an offer to the buyer containing the quantity, price and delivery time according to the specification of the product or service in the demand of the buyer.

2.2. The seller can introduce new goods in the sales program without prior notice or exclude certain goods from the program, however it is obliged to deliver the goods for which it has already confirmed the order.

3. Offers and orders

3.1. All offers without the corresponding written order by the buyer are non-binding for the seller.

3.2. The seller guarantees conditions from the offer or the pro forma invoice only within the scope of the validity of the offer or the pro forma invoice.

3.3. It shall be deemed that the order is complete when it contains all the information necessary for the production of goods, in particular, but not limited to, the quantity, quality, type, plan, specific characteristics and intended use of the goods, as well as the place and time of the intended supply. If any of the information is missing, it is considered that the parties agreed in this part for the standard properties of the seller's goods.

3.4. The seller produces or supplies the goods on the basis of the content of a written order in which it refers to the number of the offer or the pro forma invoice of the seller and the 'GENERAL CONDITIONS OF SALE - FOTOVOLTAIKA, INPRO d.o.o.' as well as the written confirmation of the receipt of the order. A telephone order is valid if the seller sends a written confirmation of the order. Orders are valid only with our written confirmation.

4. Prices

4.1. Items for which the seller confirms the order must be delivered at the price applicable at the time of the order. The agreed price applies to the terms agreed in the Order Confirmation. The seller has the right to change the price in the event of any change in the quantities, plans, specific characteristics or the intended use of the goods.

4.2. All charges, including taxes, customs, fees ... are the cost of the buyer, unless otherwise agreed in the Order Confirmation.

5. Definition of work day

5.1. "Business Day" means a time period of 10 consecutive hours from 06.00 am to 16.00 pm on the same day, every day of the week from Monday to Friday inclusive, excluding holidays.

6. Delivery period

6.1. Non-binding delivery dates are indicated in the seller's offer or pro forma invoice.

6.2. The delivery deadline is determined by the seller and the buyer consensually for each individual order. The final delivery period is specified in the confirmation of the order sent by the seller to the contracting authority.

6.3. The seller informs the buyer of the readiness for assembly and provides the buyer with a time schedule of the implementation. The buyer must confirm the schedule and accordingly allow the seller/operator to access the facility or places where the performance of the works itself will take place.

7. Terms of payment

7.1. The normal payment period is 30 days after the invoice is issued.

7.2. Upon confirmation of the order to the seller/contractor, the buyer will transfer 20% of the total purchase price to its transaction account, while the remaining part of the purchase price (the remaining 80%) will be payable by the buyer prior to the acceptance of the goods or by agreement.

7.3. In the case of different payment conditions recorded in the confirmation of the order or in the concluded contract between the seller and the buyer, the conditions specified in the confirmation of the order or in the contract apply.

7.4. In the event that the assembly or the project takes a longer period of time, the seller/contractor and the buyer agree to issue situations related to the agreed time period. The deadline for the issuing and submitting the situation is until the agreed date. In the event that the situation is submitted after that date, it is deemed to have been submitted in the following month.

7.5. The situation must be confirmed by the authorized person of the contracting authority within 8 working days of the official receipt of the invoice. The contractor must issue the situation and the invoice in accordance with the Rules on the Implementation of Value Added Tax.

7.6. A payment is deemed to have been made when the money is on the seller's account.

7.7. The seller has the right to charge statutory default interest and any costs incurred in connection with the recovery of payments in the event of payment delays.

7.8. In case of late payments of obligations, the seller will schedule delayed payments by first covering the interest and expenses of the reminder, and only afterwards the remaining financial liabilities.

7.9. In the event of an unsuccessful agreement on the settlement of claims, we shall, after a previous letter of formal notice, recover the payment with a lawsuit. The cost of each reminder is charged at the rate of € 5.

7.10. Any additional one-time costs are charged immediately after the execution. The amount of additional one-off costs shall be defined in the contract or upon the confirmation of the order.

7.11. If the contracting authority opposes the amount charged, it is obliged to pay the undisputed part within the agreed deadline. It shall submit a written complaint for the uncontested part within 8 working days of receipt of the invoice. The contractor shall be obliged to reply in writing to the complaint within 8 working days of receipt of the latter.

8. Material takeover

8.1. If the buyer does not assume the goods within 14 days from the date of the notice of readiness for takeover, the seller may demand 0,5% of the sales value of the goods which is ready for takeover, for each started week of delay, as the costs incurred by the seller due to delay of the buyer when picking up goods. In the event of delay in the takeover of goods, the risk of accidental damage or destruction of goods is transferred to the buyer on the day the customer is in default.

8.2. Goods returned to the seller must not have any other damage than the reported ones and shall be returned to the seller within the agreed time limit.

8.3. If the goods have a fault, the seller has the choice to remove the fault or to offer an alternative service or fulfillment. The buyer must report visible mistakes and make a complain in this respect without delay or within eight days after the goods are taken over. In the course of trade, the applicable rules on the investigation of goods and the elimination of the fault shall become valid. If no complaint is received in eight working days after the arrival of the goods at the agreed place, the goods shall be deemed to have been accepted.

9. Trader's/performer's obligations

9.1. Carry out works to the extent agreed.

9.2. Strictly respect the house rules and the agreed terms of performance.

9.3. Carry out common protection at work and fire protection according to the internal acts of the contracting authority.

9.4. The contractor is obliged to perform contractual and possible additional works in a quality manner according to contractual documents, valid technical regulations, standards and norms, as well as rules of the profession.

9.5. In the case when the contracting authority so requests, the contractor will commission special investigations with the organization which will be determined by the contracting authority. The costs of such investigations will be borne by the contractor if they confirm the suspicion of the inadequacy of the material or work performed, otherwise they will be covered by the contracting authority.

9.6. The contractor is obliged to insure contractual works with the relevant insurer during the construction period and until the handover of contractual works, and to provide the contracting authority with proof of insurance.

9.7. The contractor is obliged to protect all work done against weather and other injuries. It is also obliged to take care of the security measures at the facility, for workers, devices and material according to the regulations in force.

9.8. For the time of the works, the contractor must keep a construction log and a construction book. These two documents serve to calculate works in case of issuing situations. The contracting authority or the representative of the supervisor shall be obliged to confirm the entries in the construction log and the construction book.

9.9. The final inspection of the completed works and the clearance of the balance sheet shall be carried out by an authorized representative of the contracting authority/buyer and of the contractor/seller and the supervisor.

9.10. Upon the handover of works, the contractor is obliged to hand over all necessary documentation of the installed material, devices and equipment.

10. Orderer's obligations

10.1. Define and coordinate appointments with the contractor. It shall also identify the person responsible for coordinating works.

10.2. Participate in the preparation of the conceptual design and provide all the necessary information for obtaining the documents needed for connecting the solar power plant to the network, as well as the data for obtaining support.

10.3. At the time of installation, in accordance with internal regulations, it shall enable the entry of the contractor's personnel to the place of assembly.

10.4. After the works are carried out and the handover minutes is signed, the responsibility for the use and maintenance of the solar power plant is transferred to the contracting authority/buyer.

10.5. The contracting authority/buyer must confirm the works performed with the handover minutes submitted by the contractor/seller.

10.6. After the works are carried out, the handover minutes is signed and all contractual obligations are sttled, the contracting authority/buyer becomes the owner of the solar power plant. By doing so, it undertakes to act with the solar power plant in accordance with its own conscience and responsibility.

10.7. After the transfer of ownership to the buyer/contracting authority, all liability and costs pertaining to potential natural disasters (fire, lightning, storm, hail, explosion, flood, avalanche, excessive snow load, earthquake, ...), impact of a motor vehicle, drop of an aircraft, as well as in the event of manifestations and demonstrations, vandalism, machine breakdown, alienation of components of a solar power plant, are charged to the owner of the solar power plant. Also, the owner is responsible for cases of liability arising from the title of the solar power plant (falling of snow or ice, falling of solar power plant elements ...).

11. The right of ownership

11.1. Goods remain the property of the seller until the settlement of all obligations by the buyer, regardless of their foundation.

12. Warranty

12.1. The seller declares that all materials used are first-class. The buyer must use the products as a good manager and in accordance with the seller's instructions.

12.2. The seller issues warranty on works and installation of solar power plant for a period of 2 years.

12.3. According to the contract, the seller delivers the warranty certificates of the embedded components to the buyer. The warranty period of the manufacturer of photovoltaic components is defined in the contract.

12.4. In resolving the warranty of the installed equipment, the contractor/seller and the contracting authority/buyer shall draw up a complaint record. The seller shall submit the complaint record to the warranty holder - the equipment manufacturer.

12.5. The warranty does not apply to products damaged during transportation, due to improper installation, or use under conditions that are abnormal in relation to data from demand as well as in case of non-compliance with the seller's instructions.

12.6. The holder of the guarantee - the manufacturer of the equipment reserves the right to choose whether to replace the defective goods with a new one, or whether it will eliminate the defect on the original goods or offer compensation.

12.7. The buyer's complaint regrading warranty and guarantee is extinguished with the buyer's interventions, repairs or attempts to repair, and also if an unauthorized third party carries out the mentioned interventions, repairs or attempts to repair. Replacement parts become the property of the seller. The seller guarantees for repairs carried out by him.

12.8. Items or parts of items subject to rapid wear or damage and products that have not been maintained in accordance with the seller's valid instructions are excluded from the warranty and the guarantee.

13. Liability

13.1. The seller is not liable for any damages that would result to the contracting authority as a result of delays by the latter in fulfilling the contractual obligations, in particular due to incorrect or inaccurate data, specifications, projects or any other information provided by the buyer, and has the right to claim the reimbursement of all potential costs, losses or damage.

13.2. The seller is not liable for damage that is not directly caused to the goods, in particular for lost profits and/or other property and non-material damage to the buyer. The stated limitation of liability does not occur if the damage is caused intentionally or through gross negligence. To the extent that liability is excluded or limited, this also applies to collaborators, employees, agents and sales assistants.

13.3. Seller/Contractor is not liable for loss of income in the event of failure of a solar power plant due to an error caused by a third party or force majeure.

14. Force majeure

14.1. The impossibility of compliance for which the seller is not liable includes circumstances such as force majeure, state authority measures and other events that can not be prevented, eliminated or avoided, i.e., circumstances that a contracting party can not influence. The lack of material on the world market is considered as a force majeure.

14.2. In the event that the fulfillment of contractual obligations becomes difficult or impossible due to such circumstances, the obligation ceases for the time when its fulfillment is difficult or impossible if the circumstances could not be prevented, eliminated or avoided. Such circumstances relieve the contracting authority from fulfilling obligations and damages due to non-fulfillment of contractual obligations during this period.

14.3. The contracting party claiming the impossibility of compliance must prove the existence of such circumstances that exclude its responsibility and inform the counterparty as soon as it becomes aware of the occurrence of such circumstances. In the same way, the contracting party must inform the counterparty about the cessation of the circumstances that caused the impossibility to comply. If the counterparty is not adequately and immediately informed, the contracting party claiming the impossibility of compliance is liable for damages.

14.4. The impossibility of compliance under this provision shall be assessed in accordance with applicable law and case law.

14.5. If the circumstance lasts more than 6 months, the seller and the buyer agree to change or cancel the contract or order.

14.6. The seller is not liable for any delay in fulfilling or failing to fulfill the obligations arising from this contractual relationship, insofar as the delay in the fulfillment or non-fulfillment is due to causes beyond its reasonable control and occur without fault or neglect, including, without limitation, the inability of suppliers, subcontractors and freight forwarders or sellers to fulfill their obligations under this arrangement, the latter providing that the seller will provide the buyer with an immediate written notification with all details of the origin and reasons. The dates of fulfillment of obligations shall be extended by the time lost due to the occurrence of such reasons if such an interest still exists between the contracting parties.

15. Change of circumstances

15.1. If, after the conclusion of the contract, there are circumstances that make it difficult to fulfill one party's obligations or if they do not achieve the purpose, and in both cases to the extent that the contract obviously fails to meet the expectations of the contracting parties and would, according to the general opinion, is valid as it is, the party to whom the fulfillment of the obligation is difficult or a party who, due to changed circumstances, can not fulfill the contract, may demand the dissolution of the contractual relationship.

15.2. The dissolution of contractual relationship can not be claimed if the party who referred to changed circumstances had to take into account these circumstances at the time of the conclusion of the contract or if they could have been avoided or if their consequences could be refused. In such a case, the party exercising the clause on changed circumstances shall be liable for damages.

15.3. A contracting party requesting dissolution may not refer to changed circumstances that arose after the expiry of the time limit set for the fulfillment of its obligation.

15.4. The contract shall not be dissolved if the other contracting party offers or agrees that the relevant contractual terms be fairly altered.

15.5. In the event that the contract is dissolved, the contracting parties must return to each other or settle all the services received. Any reduction in value is taken into account in this case.

16. Contract annulment

16.1. The seller is entitled to withdraw from the contract:

- if due to force majeure, strike or other circumstances which it did not cause itself, it is unable to fulfill the contractual obligations;
- if the buyer has exceeded the payment period agreed upon in writing for more than 14 days and does not care for the deadline set;
- if the customer has given untrue details of its obligations which jeopardize its capacity to exercise due diligence;

16.2. The buyer is entitled to withdraw from the contract:

- if the seller deliberately or through gross negligence causes the delivery or performance to be impossible;
- if the seller fails to comply even with the subsequent extended period. The subsequent extended period is acknowledged by the buyer to the seller by agreement.

16.3. In the event that the contracting parties withdraw from the contractual relationship, they must return each other or settle all the services received. Any reduction in value is taken into account in this case.

17. Obligation of professional secrecy

17.1. The contracting parties undertake to keep all data deriving from the contract documents and other information deriving from the contractual relationship as a business secret throughout the duration of the contractual relationship.

17.2. If there is a possibility that one of the contracting parties causes significant damage due to the passing on of a business secret even after the termination of the contractual relationship, the data will continue to be kept as a business secret, and in any case at least five (5) years after the termination of the contract.

17.3. Business secrets include diagrams, schemes, calculations, formulas, instructions, lists, letters, minutes, contract documents and other data in a materialized or dematerialized form.

17.4. For breach of professional secrecy under this provision a contracting party shall be liable for material and non-material damage.

17.5. The contracting parties may, by written agreement only, lay down exceptions to this provision.

18. Cessation of receivables and notifications

18.1. The buyer undertakes not to assign any claims to the seller to third parties without prior written confirmation.

18.2. The contracting parties agree that communications via telecommunication means (fax, email ...) are also considered to be written communications.

19. Disputes

19.1. In the event that a contract is concluded with the buyer, the terms of which are not in accordance with these conditions, the terms and conditions of the contract shall be used to regulate the individual relationship. These terms and conditions are used to regulate relationships that are not regulated by the contract. In cases where these terms and conditions explicitly provide that a counterclaim is not possible, the content of these terms and conditions shall apply.

19.2. All possible disputes that may arise in connection with the valid conclusion, breach, termination and legal relations arising from this contractual relationship will be resolved by mutual consent. For disputes that can not be resolved in this way, the court in Novo mesto will be competent, and the provisions of the Obligatory Code shall be used, unless otherwise agreed between the contracting parties.

20. Other regulations

20.1 Changes to the contract can only be made in writing and with prior approval from both contracting parties.

20.2. Both the buyer and the seller are obliged to report without delay all the changes that relate to the company, its head office, the name of the bank through which it operates, and which are relevant to normal business between the parties to the contract.

20.3. These General Terms and Conditions of Sale, Delivery and Payment take effect 3 days after publication on the website of the seller/contractor: https://www.inpro.si.

20.4. A transaction is deemed to be void if, in relation to its conclusion or provider, corruption arises which affects or could affect the conduct of the contracting parties.

UFFICIO LEGALE DELL’AZIENDA

INPRO d.o.o. Novo mesto
Loke 4, 8351 Straža, Slovenia

TELEFON

+386 730 84 850

ORARI DI APERTURA

Siamo aperti ogni giorno feriale, dalle 8 alle 16.
La nostra pausa pasto va dalle 10:00 alle 10:30.

Servizi energetici

KlimaRent®

Edifici prefabbricati

Servizi manutenzione

Vendite

Diffusori in tessuto

Ordine servizio o reclamo in garanzia

Condizioni generali di acquisto e vendita | La politica e la missione | Protezione dei dati personali | Cookies

© 2000-2021 Inpro d.o.o. Novo mesto  |  Intranet - Sistema di comunicazione interna

TOP