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 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 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.