- “AZONPRINTER”: is the subsidiary of Azonprinter d.o.o., a limited liability company organized and existing under the laws of Croatia, with its registered office Fallerovo Setaliste 22, Zagreb, Croatia, Commercial court registry number (MBS): 081394494, personal identification number assigned by the Ministry of Finance, Tax Department (OIB): 43283914637, that will manage the orders and issue the invoices in their own name for products sold on behalf of Azonprinter d.o.o.
- “Customer”: means the person or organization who purchases the products from AZONPRINTER.
- “Products”: any physical goods agreed to be supplied by AZONPRINTER to the Customer.
- “Order”: the request from the Customer to supply products.
- “Conditions”: means these terms and conditions.
- “Agreement”: means the agreement between AZONPRINTER and Customer for the sale and purchase of the Product resulting from the order of the customer, incorporating the conditions.
- Orders must be sent to AZONPRINTER in writing (email, fax, letter) or via an electronic ordering platform provided by AZONPRINTER. Depending on availability, AZONPRINTER is at liberty to deliver the orders in full or partially.
- All invoices are payable by bank transfer to Zagrebacka Banka and BIC/SWIFT: ZABAHR2X and IBAN HR4923600001101994760 or to Raiffeisenbank Hrvatska BIC/SWIFT: RZBHHR2X and IBAN: HR3324840081103516763, unless explicitly otherwise agreed between the AZONPRINTER and the Customer.
- AZONPRINTER invoices are payable net cash on AZONPRINTER’s bank account unless agreed otherwise. The Customer shall not withhold payment or make any deductions from the price of the goods in respect of claims. If the Customer fails to comply with the payment conditions, AZONPRINTER shall be entitled to suspend deliveries without giving any notice of default and to refuse new orders. If the Customer fails to pay on the due date, he shall be legally liable to pay interest at an annual rate of 10% without further notice of default. If the Customer fails to pay within one month of the due date, he shall be further liable to pay a penalty of 10% of the total price, subject to a minimum of € 65, again without a notice of default being required. Where a partial payment is made, the whole of the penalty sum shall still be due. If the Customer resells the goods, he shall cede to AZONPRINTER by way of a pledge, from this time onwards, all the claims arising from the resale.
- The overdue payment of an invoice by the Customer shall result in all outstanding invoices falling due immediately. Moreover, AZONPRINTER is entitled to suspend the execution of all individual sales contracts without prior notification in the event the payment of one of its invoices is overdue or if any limit on the Customer’s credit account is exceeded.
- Any price quotations are always given purely for information. Unless otherwise agreed, AZONPRINTER quotations are valid for a period of 4 weeks from date of issue. The offered price is based on the prevailing prices excluding V.A.T., costs, duties, etc. Prices mentioned by the Customer on his orders are not binding unless confirmed by an authorized person within AZONPRINTER. All information in brochures, publications, instruction manuals, etc. regarding the deliveries is of an informative nature only and does not constitute a warranty except where expressly stated. AZONPRINTER accepts no liability for such information.
- Confirmed orders cannot be cancelled unless cancelation is accepted by an authorized person within AZONPRINTER. If the Customer refuses the order, cancels the agreement, or the agreement cannot be performed because of the actions of the Customer, he shall pay compensation amounting at least 25% of the total sum. In addition, logistical and administrative costs incurred by AZONPRINTER can be charged to the Customer.
- Ownership of the Products sold and delivered is transferred only on complete payment for the Products being received by AZONPRINTER. Unless effective payment is made to AZONPRINTER, the contract between the Dealer and AZONPRINTER shall terminate and AZONPRINTER shall be entitled to recover such Products.
- Notwithstanding clause 7, the Customer shall bear, as from the moment of loading at Azonprinter’s warehouse, any risk of loss or deterioration of the Products that are subject to the reservation of title as well as any damage the Customer shall cause until AZONPRINTER shall recover the Products.
- AZONPRINTER shall endeavor to comply with delivery dates quoted by it but time for delivery shall not be of the essence and AZONPRINTER shall not be liable for any failure, delay or error in delivery nor shall it be liable for any consequential loss arising there from however caused. Late delivery or exceeding the target term shall not be invoked by the Customer to request a termination of the Agreement and/or to claim damages from AZONPRINTER. The Customer shall not be entitled to make any other claims in this respect either.
- The Customer must notify AZONPRINTER in writing of any shortfall within 3 working days of delivery. If no such notification is received, the Customer shall be deemed to have received the Products in full. AZONPRINTER is at liberty to make partial deliveries.
- If delivery is required to be organized by AZONPRINTER, the Customer has the responsibility to provide a correct and complete delivery address, with delivery guidelines, access limitations and unloading restrictions if any. Unless agreed otherwise, the delivery of the Products will be done at the doorstep of the consignee. AZONPRINTER has the right to refuse a delivery if unloading conditions are considered too difficult or dangerous for the product. All additional cost resulting from incorrect or incomplete instructions will be charged to the Customer, including storage costs. If delivery cannot be performed within 8 calendar days after the first proposed delivery date, AZONPRINTER has the right to cancel the order and charge the Customer all costs resulting from the delivery attempts and temporary reservation of the products.
- If the Customer collects products from AZONPRINTER’s warehouse, the AZONPRINTER will notify the customer when products are ready for collection providing weights, volumes and a loading reference. Products should be collected within 72 hours after notification, if not demurrage of storage will be charged. Unless otherwise agreed, the Customer will collect with transport means appropriate for a safe loading and transport. The carrier mandated by the Customer shall provide all necessary documents for the collection, the transport and if applicable export. AZONPRINTER and warehouse employees can refuse loading, if documents are missing, if the conditions are considered unsafe or inappropriate for the nature and volume of goods.
- In case of export to a country outside the E.U., the necessary documentation to enable the goods to travel until the exterior E.U. border, will be established by AZONPRINTER. The administrative cost for creating these documents will be charged to the Customer. All export clearance costs, import charges and taxes are at charge of the Customer. In case of collection by the Customer or his mandated carrier, the customer has the responsibility to bring to proof that the goods have left the E.U. All charges and fines that would be charged to AZONPRINTER if this is not performed within the required timeframe, will be recharged to the customer with interest.
- Where goods are sold from AZONPRINTER’s warehouse, once the Customer has accepted the goods, he can no longer hold AZONPRINTER liable for visible defects. Where the goods are delivered to the Customer, The Dealer undertakes to inspect the products delivered to him immediately after delivery. Differences and defects must be mentioned on the delivery note. AZONPRINTER can only be held liable for visible defects insofar as a complaint is submitted in writing within 48 hours after installation at the location of end customer. Complaints concerning visible defects submitted later will not be accepted. The complaint should include a detailed report outlining the defects.
- AZONPRINTER can only be held liable for hidden defects insofar as a registered complaint is submitted within 6 months after installation at the end customer. After this period a claim on this basis is excluded. Any legal action for claims based upon hidden defects must be submitted within 9 months after installation, failing which such action shall lapse and be time-barred.
- The liability of AZONPRINTER in respect of hidden and/or visible defects is in any case limited to the repair of the product and/or the replacement of parts, with the exclusion of all costs and/or damages.
- AZONPRINTER shall not be liable to the Customer or be deemed to be in breach of any agreement, because of any delay in performing, or any failure to perform, any of AZONPRINTER’s obligation in relation to the product, if the delay of failure was due to any cause beyond AZONPRINTER’s reasonable control (including by way of example but without limitation, events of “force majeure”, industrial disputes, unavailability of parts on the market at the prevailing conditions, change of statutory requirements). In such event AZONPRINTER shall be entitled to suspend deliveries or cancel the agreement.
- Returns to AZONPRINTER’s warehouse may only be done if authorization is first obtained with an RMA reference. Returns without such a reference will be rejected. Acceptance of return is not implying that goods will be credited; credit can be subject to further inspection of the goods. Return of goods is done under responsibility of the returning party and must be completed within 10 days of the RMA reference has been provided.
- AZONPRINTER guarantees the proper functioning of the goods for a period of 12 months from the date of signing the present Agreement. AZONPRINTER will undertake to repair or replace the product or its individual components, if, during its use and within the time limits of this warranty period, failures or malfunctions or defects of the same are detected, arising from manufacturing defects that make it no longer in compliance with the purpose for which it was intended. The Customer, for the purposes of this warranty, is committed to report to AZONPRINTER every fault and / or defect of the property no later than 8 days from its discovery. This warranty does not cover defects or damage caused by the Customer because of negligence in the use or misuse of the goods compared to that for which it was designed, or caused by repairs, replacement of individual components, maintenance made by unauthorized parties or caused by any circumstances independent from AZONPRINTER’s fault or negligence. There shall be no liability for either party towards the other party for loss of production, loss of profit, loss of use, loss of contracts, punitive damages, financial loss, loss of time or for any other consequential or indirect loss whatsoever whether arising from delay, from supply of defective goods or otherwise.
- AZONPRINTER shall not be liable for any damage to property caused by the product after it has been delivered and whilst it is in the possession of the Customer. Nor shall AZONPRINTER be liable for any damage to products manufactured by the Customer, or to products of which the Customer’s products form a part. In any case the total liability of AZONPRINTER shall be limited to the value of the agreement. If AZONPRINTER incurs liability towards any third party for such damage to property as described in the preceding paragraph, the Customer shall indemnify, defend and hold AZONPRINTER harmless.
- No variation of the AZONPRINTER’s sales conditions shall be binding upon AZONPRINTER unless made in writing and signed by an authorized person of the AZONPRINTER.
- The invalidity of one of these conditions shall not result in the invalidity of the other clauses and of any contract between AZONPRINTER and Customer as a whole.
- The law of the country in which AZONPRINTER is incorporated and the court of the district where AZONPRINTER is incorporated shall apply to all disputes arising from the sales orders.
- Because of the number of different applications our printers are capable of, on-site installation, training and continuing education are significant factors in getting the most out of the investment. The basic installation and training require four (4) full eight-hour days. Daily training and installation labor rate for EU is €1200 EUR and internationally $1200 USD. In case of training and installation to a country outside the EU the trainer travel cost will be charged to the Customer.
Each party confirms having received an original copy of the General Sales Terms and Conditions.