General terms
DOWNLOAD THE GENERAL CONDITIONS
These Terms and Conditions govern the relationship between “Iracking” LTD, with headquarters and address of management Str.”Shipka” № 3, town of Sevlievo, Municipality of Svetiеvo, Bulgaria, VAT Number BG 203161352 Unified Identification Code (UIC) 203161352 represented by Andrey Tanev and the buyers of the products and clients of the services offered by “Iracking ” LTD..
Terms and conditions are mandatory for buyers of products and customers of the services offered by “Iracking” LTD and constitute an integral part of the Treaties concluded between them and “Iracking” LTD.
General terms and conditions are publicly announced by“Iracking” LTD on the site of the company and with them you can get acquainted with all the clients of the company. In case of disagreement of the company's clients with certain rules of the General Conditions, this must be explicitly stated in writing prior to the conclusion of a contract with “Iracking” LTD and those rules to be amended in the concluded between “Iracking” LTD and the client of the company a specific contract. If this is not done, it is considered that the Customer 's “Iracking” LTD has accepted these Terms and Conditions.
DEFINITIONS
In the present Terms and Conditions and in the agreements between the Parties, the following terms and expressions have the following meanings:
„Suitable building site“
means the site designated for the construction of one or more Racking Systems to be cleaned, supplied with 220/110 / V min. 5 kw, with water, lighting and ventilation, and released from other buildings, installations or objects preventing the installation, as well as free from fitters or other personnel not related to the installation of the Racking System (s) by the SUPPLIER's assembly team.
„Buyer“
means a natural person, an unpersonalized legal entity & ndash; an association or other similar or legal entity that buys and / or uses the products and / or services of the PROVIDER.
„Employer”
means a natural person, an unpersonalized legal entity – an association or other similar or legal entity that uses the services of the PROVIDER. In any case, when between “Iracking” LTD and a client of the company has only concluded a contract for the provision of a service or performance of work, in all the texts of these General Terms and Conditions under the term BUYER shall be understood also the term CONTRACTING AUTHORITY under the contract for service or performance of work.
„Force Majeur“
means all events beyond the control of the Parties that represent an unforeseen or unavoidable extraordinary event occurring after the conclusion of the Agreement that causes or is likely to cause total or partial non-performance by one of the Parties. Such events are earthquakes, typhoons, floods, fire, and other natural elements and disasters, as well as wars, riots, government actions, blockades, strikes, embargoes, international sanctions, exchange restrictions, other actions of states, or persons that would render impossible the performance of the obligations of the Parties, including changes in legislation that introduce a legal regime in which if a Party would fulfill its obligations under this Contract would violate the law or any other situation It is to be foreseen or prevented or controlled by the Parties and is of an extraordinary nature, including cases that are accepted for force majeure in international trade practice.
„Part“
means a part or component of the Racking System supplied by the SUPPLIER.
„Products“
means all products delivered by the SUPPLIER, but not limited to, Racking Systems.
„Supplier“
means “Iracking” LTD, Bulgaria.
„Project“
means a planned undertaking to implement one or more Racking Systems ordered by the BUYER at a specific location that includes one or more of the following services: visual design, engineering package, production, delivery, installation, monitoring, system testing, maintenance and more.
„Visual design“
means a two-dimensional (2D) image of a racking system that shows & nbsp; the shape of The Shelving System, and the location of the Shelving System in the given space. Visual design does not show all typical & nbsp; Details of the Racking System
„Racking sistem”
means a Racking System and one of the varieties and / heavy goods racks, lightweight racks, medium load racks, mezzanine system, console system, etc., subject to the General Conditions
I. AGREEMENT WITH THE GENERAL CONDITIONS. APPLICABILITY OF THE GENERAL CONDITIONS
1.Customers of “Iracking” LTD agree to these General Terms and Conditions of the Company by completing the questionnaire for creating an offer for the conclusion of a contract for the construction of an engineering package and a contract for the production, delivery and installation of the Racking System or parts thereof. Consent is deemed to be expressed by completing and submitting the questionnaire, whether expressly requested by the BUYER.
2.With the signing of a Contract for the elaboration of an engineering package and / or a contract for the production, delivery and / or installation of a racking system with “ Iracking” LTD, The BUYER expressly agrees to these General Terms and Conditions without restriction or the possibility of rejecting any clause unless otherwise expressly agreed in the Agreement between the Parties.
3. If there are any discrepancies between these Terms and Conditions and the terms of the Contract concluded with the BUYER, the provisions of the Agreement will prevail.
4. In the event that a separate contract for the execution of an engineering package and / or a contract for the production, delivery and installation of a racking system is not signed as a separate document, but the questionnaire for the creation of a tender has been filled in and a BUYER request for purchase of the product of the SUPPLIER and / or for the provision of a service by the PROVIDER for the manufacture of an engineering package, production, delivery and installation of a racking system and this application is executed by the SUPPLIER, then the relationship between the SUPPLIER & nbsp; and the BUYER shall be governed by these General Terms and Conditions and the applicable legislation.
II. TECHNICAL QUESTIONNAIRE. PRELIMINARY INFORMATION
1. If you wish to purchase from SUPPLIER & nbsp; its product & ndash; Racking system & nbsp; and use the SUPPLIER's service & nbsp; to install the same, the BUYER asks the SUPPLIER & nbsp; and completes a technical questionnaire prepared and provided by the PROVIDER.
2.Technical questionnaire is a questionnaire with different questions about the future Racking System & nbsp; and the existing building that the BUYER has to fill. Completing this questionnaire is an important part of the project. Any errors or omissions in the information provided may be a reason for non-performance or inaccurate performance of & nbsp; of the entire project and cause delay in terms, as well as additional costs for the BUYER. To this end, the SUPPLIER keeps the BUYER to pay attention to all questions and answer them in as much detail as possible in order to avoid additional costs. In the event that the BUYER has not responded accurately and exhaustively to the SUPPLIER's questions & nbsp; and / or has indicated incorrect information, the contract price is subject to change in accordance with the rules of these General Terms, the BUYER owes compensation to the SUPPLIER & nbsp; for all damages suffered by him / her and has no right to object to improper performance of the contract by the SUPPLIER.
3. In the event that the execution of the delivery and installation of the Contract Racking System will be in a country other than the Republic of Bulgaria, the BUYER shall be obliged upon sending a request to the SUPPLIER & nbsp; for an offer to manufacture, supply and install a Racking System to inform the SUPPLIER & nbsp; the terms of the local legislation concerning the installation of the Racking System by foreigners, the rules on safety at work, the existence of a requirement for prior authorization or registration in the installation of the Racking System, the existence of special rules for carrying out this activity etc., as well as to indicate to the SUPPLIER & nbsp; the names of the competent state authorities that have the authority to authorize or control the installation of the Racking System and the authorization and control of the work of foreigners in the country.
4. The information under item 3 may be requested from the SUPPLIER & nbsp; and after making an offer on his part in the cases where the SUPPLIER participates in an Auction or Competition announced by the BUYER, this requirement being specified in the offer and part of it.
5. In the event that the BUYER has not provided any information under item 3, the SUPPLIER undertakes obligations to the BUYER under terms and conditions that are enforceable in the absence of special conditions for the delivery and installation of the Racking System under local law . If the existence of such requirements is subsequently established and / or the BUYER has indicated incorrect information under item 3, the price and terms of the contract are subject to change in accordance with the rules of these General Terms and the BUYER owes indemnity to the SUPPLIER & nbsp; for any harm suffered by him.
III. THE OFFER
1. In the interest of the BUYER, and filled in and sent to the BUYER & nbsp; a questionnaire for the preparation of a tender, and in the case of a public tender or competition, the PROVIDER prepares a bid and sends it to the BUYER. Together with the questionnaire, the BUYER should also indicate the information required by Section III, point 3 of these Terms and Conditions. Offer can also be sent without a completed questionnaire, but only on the basis of a telephone inquiry and / or e-mail of & quot;;Iracking" LTD
2. The offer is binding for the SUPPLIER & nbsp; only if the questionnaire is accurately completed and the information required by Section III, point 3 of these Terms and Conditions is exhaustively and accurately stated. Bid is Binding to SUPPLIER & nbsp; only in accordance with the parameters and conditions specified in the questionnaire or in the terms of the tender or competition. The terms and conditions of the offer are subject to change upon change of the parameters, conditions, volume of work and requirements set by the BUYER, as well as in view of the specific conditions of the law of the place of performance of the place of performance specified in Section III.3 of these General Terms delivery and service of the installation of the Racking System.
3. The offer is binding on the PROVIDER 20 days after its dispatch to the BUYER, unless otherwise stated in the offer.
4. If the BUYER declares that he accepts the offer within the time limit specified in item 3 above, the Contract for the Production, Delivery and Installation of a Racking System shall be deemed to have been concluded between the parties under these General Terms, unless otherwise specified in the tender , in the application for admission or in the conditions of the tender or the competition. If a separate Contract for the production, delivery and installation of an artificial climbing wall is subsequently concluded between the Parties, its provisions, which are distinct from these General Terms and Conditions, have priority application.
5 Unless explicitly stated in the contract, the PROVIDER does not include in the contract price a pre-visit at the site of installation of the Racking System as part of the tender and the project itself, but this may be provided as a service at an additional cost. For the exact execution of the SUPPLIER's contract, accurate and timely information regarding the installation site provided by the BUYER upon signing the contract and at the written request of the SUPPLIER is necessary.
6. Differences in floor level of more than 1.5 cm for the entire structure should be reported & nbsp; of SUPPLIER & nbsp; in writing at signing the contract. Otherwise, the SUPPLIER assumes that the surface is equal, and if the installation of the Racking System reveals that there are inconsistencies, then additional costs may be incurred by the BUYER. The additional costs that may be incurred are the purchase of metal strips with different thicknesses for the substrates, as well as additional cost for longer than the envisaged concrete anchors.
7. The offer assumes that the preparation of the installation site will be carried out by the BUYER in accordance with the installation requirements laid down in the contract and the applicable legislation, and it is also assumed that the soil, ground and floor conditions as well as the walls or other facilities and / or elements of the structure of the building or the installation site to which the climbing structure will be attached will be & nbsp; verified by a licensed local engineering engineer employed by & nbsp; BUYER. & Nbsp; Removing or modifying the flooring is not included in the offer. Typically, the racking system can be installed on already existing flooring as long as this flooring is sufficiently stable and meets the engineering requirements for installation of the racking system. If floor or foundation changes are required, the SUPPLIER would agree to perform them as a service against an additional payment, and the BUYER will bear all the costs involved. If the BUYER does not pay for any changes to the flooring or foundation costs or delay their payment, he owes the SUPPLIER & nbsp; except these amounts and compensation for all incurred by the SUPPLIER & nbsp; from this failure or delay damage.
8. By default, maintenance or inspection of the Racking System (s) is not included in the offer. Outside the Warranty Period. If the customer orders an inspection, the PROVIDER will set a date for its execution in the next two months. If it is included in the offer as a service and if it is paid by the BUYER, the SUPPLIER has the right to set the inspection date on the date of completion of the installation of the Racking System (+) (-) 1 month. 19. The inspection of the Racking System can be negotiated with a separate contract.
IV. WEATHER DISTRIBUTION. DEADLINE
1.SERVER'S Standard Procedures & nbsp; suggesting accurate time planning after signing the contract. THE SUPPLIER is responsible for its performance within the time limits specified in the Contract only subject to strict compliance with the BUYER's obligations. & Nbsp; The timetable depends on the BUYER's performance of his contractual obligations such as signing the contract, completing the technical questionnaire and providing the information under Section III. of the present General Terms and Conditions, payment of the amounts agreed in the Contract, provision of conditions for installation of the Racking System, etc.
2. Any failure and / or improper performance of the CONTRACT's BUYER's obligations is a reason for extension of DELIVERY PERIODS & nbsp; with the period of delay on the part of the BUYER.
3. If the BUYER has delayed the fulfillment of any of his obligations under the contract, which is a condition for commencing the production and delivery period of the Racking System, with more than 10 & nbsp; days, the starting date from which production and delivery time begins to run will be determined unilaterally by the SUPPLIER with & nbsp; written notice to the BUYER, and the SUPPLIER has the right to freely designate this date in view of his commitments under other contracts.
5. If after the arrival of the technicians and before the commencement of the installation or if during the installation due to failure to fulfill the obligation of the BUYER under this contract the installation can not be carried out for a period longer than 5 (five) days, the SUPPLIER shall have the right in writing to inform the BUYER that the installation will be terminated and will be renewed from a date after the installation conditions have been provided for which the SUPPLIER will notify the BUYER in writing. & nbsp; & nbsp;
6. In all the above cases, the SUPPLIER is entitled to additional fees related to a change in the agreed time plans or moving the assembly team & nbsp; and / or ordering materials and equipment for a short time.
V. DELIVERY
1. The terms of delivery in each particular case shall be determined in a contract for the production, delivery and installation of a racking system signed by the parties and, if no such contract is signed; in the offer of the SUPPLIER accepted by the BUYER. Carriage, shipment insurance, risk transfer, and the like are governed by the agreed delivery clause & nbsp; under the & nbsp; Incoterms 2012.
2. If & nbsp; The BUYER has ordered the transportation of the Racking System (s), then this transport will be performed in accordance with the internationally agreed INCOTERMS 2012 terms agreed by both parties.
3. Notwithstanding the selected delivery terms, the BUYER must indicate in the contract with the SUPPLIER & nbsp; contact information (full name, address, telephone number, mobile number, fax number) of the person responsible for receiving the shipment and (if necessary) for all necessary customs procedures. This person should be available at any time while the rack system (s) travels. The contact information specified in the contract may be changed only by express written notice.
4. Delivery of the Racking System will take place within the time specified in the contract between the parties, which will start after all the following actions have been taken:
- & nbsp; Received by SUPPLIER & nbsp; the prepayment and all payments due before sending the Racking System - & nbsp; Received by SUPPLIER & nbsp; of the contract signed and stamped by the BUYER in the original by post or courier or written confirmation of the BUYER's consent with the SUPPLIER & nbsp; offer, including written notice of the choice of SUPPLIER & nbsp; for a contractor in an auction or competition announced by the BUYER.
5. The delivery period may be extended by no more than 30 (thirty) days in the event of delay in delivery by the Manufacturers of components or materials deposited in the Racking System subject to this Agreement for which the SUPPLIER shall notify in writing the BUYER .
6. THE SUPPLIER informs the BUYER & nbsp; for the exact delivery date at least 2 days in advance. As of this date, the BUYER must take all necessary steps to receive, unload and store all delivered parts on the delivery date. If the BUYER refuses to accept the goods on the delivery date, they will incur additional charges for each delay.
If installation is delayed by the fault of the BUYER, prior to arrival of the assembly group, the PROVIDER will set new arrival dates for the technicians and the completion times of the Racking System (s) will be extended accordingly by the SUPPLIER & nbsp; without the consent of the BUYER.
7. For transport, the conditions provided in & nbsp; Incoterms 2012. The BUYER will inspect the parts of the Racking System on the date and place of delivery and will immediately notify the PROVIDER & nbsp; for all obvious defects.
& nbsp; Obligation & nbsp; BUYER & nbsp; is to check if the number of parts that arrived matches the description of the SUPPLIER's goods & nbsp; in the relevant transport document. Any losses or damages must be noticed and reflected in the description of the goods before they are signed. In the absence of additional entries, it is assumed that the Racking System is delivered in excellent condition and is fit for installation.
8. If the Racking System is delivered EXW, the BUYER is obliged to collect it from the warehouse & nbsp; of SUPPLIER & nbsp; within 5 days of receipt of a written notice of delivery from the PROVIDER. In case the BUYER does not collect the Racking System within the above mentioned period, he will pay a storage fee of € 0.2 per day & nbsp; for each pallet location in addition to the penalties due for any late payment. Failure by the BUYER to comply with the obligation to collect the Racking System or its Parts of the EXW site for delivery longer than 1 month after receipt of a DELIVERY NOTICE sent by the SUPPLIER & by e-mail to the BUYER's address provided in clause 10.1 of this Agreement is considered a serious breach of this Agreement and the BUYER is obliged to fulfill its contractual obligations and to pay the full price agreed between the parties completely in 3 / term & nbsp; after receiving a call for a voluntary payment, even though the installation of the Racking System has not been performed. If the BUYER requests installation of the Racking System after the expiration of the specified one-month period, the installation shall be made after payment by the BUYER of the full price of the contract and of the penalties due on it.
9. The BUYER becomes the full owner of the racking elements after paying 100% of its value, namely the price stated in the Contract for the Production, Delivery and Installation of Shelves
.
VI. & Nbsp; CONDITIONS FOR INSTALLATION. RESPONSIBILITY OF DELICATURY PROVIDER
1.1. The installation of the Racking System will take place within a term specified in the Contract between the parties that begins after all the following actions are taken:
Received by SUPPLIER & nbsp; of all payments due before the installation of the Racking System & nbsp; & nbsp; - & nbsp; & nbsp; Unloading the Shelf System.
& nbsp; & nbsp; - & nbsp; Provide an appropriate construction site with dimensions defined in the visual design of the Shelf system.
& nbsp; & nbsp; - & nbsp; & nbsp; Ensuring installation conditions at the construction site determined in accordance with these General Terms and Conditions and implementing all the commitments made by the BUYER in connection with this.
2. The SUPPLIER is bound only by the deadlines for completion of the project, not the requirements of & nbsp; BUYER for the workflow. Upon the BUYER's delay, the installation period increases with the delay period.
3. In the event that the SUPPLIER does not receive a payment due at a certain stage of the assembly or production process under the terms of payment agreed in the Contract between the parties or specified in the BUYER's offer accepted by the BUYER the installation will be suspended until the payment due, period the BUYER will bear directly all the costs associated with the installation and with the stay of the assembly group.
4. 1 .. In order to carry out all actions which are the BUYER's obligation and are a condition for starting the installation period of the Racking System, the BUYER undertakes to notify in writing the SUPPLIER & nbsp; and the installation period begins to run from the date of receipt of the notification 4.2. THE SUPPLIER undertakes to inform the BUYER about the arrival of the installation technicians and the planned start date of the assembly up to 2 days prior to the arrival of the technicians and the start of the installation.
5. The BUYER is obliged to provide the following installation conditions and to fulfill the following obligations necessary for the installation:
- Provide 12 hours, 7 days a week access and installation permission at the place where the racking system will be erected during the installation period.
- Provide access to electricity 220-240 (110) V and at least 5 kW power.
- Provide access to water
- Provide a toilet at the installation site.
- Provide heating at the installation site during installation if work is done in winter.
- Provide lifting platforms with a height not less than the height of the rack system at the site and during installation. When provided by the BUYER, lifting platforms must be available to the technicians at all times. If the BUYER requires the lift platforms not to be provided by the BUYER, the SUPPLIER is ready to provide them for an extra charge. The number of & nbsp; hydraulic platforms, skeletons on wheels or scissor lifts provided by the BUYER depends on the number of installers who & nbsp; THE SUPPLIER has sent to install the Racking System; in the event that more than one team of technicians works on the Racking System, the BUYER will provide one piece of the above described equipment for each working installation team.
- Provide mobile scaffolding in case a lifting platform is not available or recommended by the PROVIDER. Mobile scaffolding is self-supporting scaffolding, which is self-supporting and mounted on wheels. Mobile scaffolds should be provided along with information on their safe use and construction. If the scaffolding configuration will change, contact the manufacturer or its supplier for further guidance. All modular mobile scaffolds must be constructed in accordance with the manufacturer's specifications. The following control measures should be introduced for mobile scaffolding:
A) The height of the scaffolding from the scaffold's ozone to the work surface shall not exceed three times the minimum size of the substrate unless the manufacturer, supplier or designer is specifically mentioned. Note: Some mobile scaffolds (eg Aluminum) may not be stable at a height of 3 to 1. AS 1576 Scaffold explicitly mentions the existence of a side load test that confirms the stability of the scaffolding.
(B) provide documentation demonstrating that the mobile scaffolding adheres to the abovementioned test.
В) Use a secured internal ladder with a safety opening (eg a hinged door) for access to and from the scaffold.
Г) Choose wheels of the appropriate size and capacity to maintain the static and dynamic loading of the scaffold.
Д) Use wheels with clearly specified workload limit.
Е) Wheels fitted according to the standard must be locked before the scaffolding is completed.
G) Use and adjust wheels with adjustable legs to maintain the level of the platform when the support structure is at different heights.
З) Make a planned reinforcement of the base of the scaffold to provide greater stability.
- Provide space for storing materials.
- Provide adequate lighting for the location and installation period
- Remove any electrical, water, lighting and other systems that may interfere with the racking system. The SUPPLIER can move these systems for an extra charge.
- To accept and unload carefully, according to the instructions for loading and unloading of fragile goods and to store all the elements of the Racking System from the day of their delivery. If the BUYER requires this work to be done by the SUPPLIER, the latter will charge additional remuneration depending on the difficulty of access. Storage must be at the installation site. If it is elsewhere, the transfer of the materials must be done by the BUYER or the contract value will be increased.
- Prepare the installation site, if necessary, according to the drawings and requirements of the PROVIDER. THE SUPPLIER will provide the details and requirements required to perform this activity. The purpose is to prepare the place for installation no later than the arrival of the assembly group.
- to relocate installations such as electrical, lighting, plumbing and the like, which may interfere with the construction of the Racking System or create dangers or inconvenience during installation until installation begins. - To provide a waste container (s) - To export the waste container (s) after completion of the project. In the event the BUYER wishes the DELIVERY to be performed by the SUPPLIER, the latter & nbsp; will do so at an additional cost.
- Provide a convenient place where technicians can store your equipment and tools under lock.
- Store all the materials and tools until the assembly is complete and keep them clean - Set up a sleeping facility for technicians near the place of installation and take the appropriate costs. It is necessary to have water, electricity, heating, enough beds, functioning bathroom and toilet. This service may be ordered by the BUYER of the Contractor for an additional fee.
- Ensure and provide the necessary load bearing capacity (floor slab) to handle the load from the hydraulic lifter (that the floor / building is strong enough to bear the required loads).
- Provide the necessary lighting to illuminate the Racking System (s) during and after installation.
During the installation, the BUYER is obliged to provide installers access to the installation site all day of the week (including Saturdays and Sundays) as well as permanent access for the purpose of inserting materials, hydraulic platforms, forklifts, etc. & nbsp; Hydraulic platforms will be used to arrange and place the various parts of the Racking System (s). Usually work will be done during the day.
8. In case of installation of an external Racking System in unfavorable weather conditions, namely - temperature below + 5 ° C, wind above 15m / s, as well as in case of rainfall, the work of the installers is obstructed and the installation period of the Racking System is automatic is prolonged due to bad climatic conditions with the time when it was not possible to perform the contract work.
9, the BUYER undertakes, at the beginning of assembly, to specify with the assembly group the positioning of the Racking System and its individual elements and to carry out continuous control in the assembly process for the correct positioning of the Racking System and its individual elements and their compliance with the approved engineering projects, as well as notify the project manager in writing and & nbsp; the assembly group immediately in case of non-compliance with these projects. Otherwise, the BUYER can not claim compensation & nbsp; & nbsp; of this contract.
10 ,. On the day of completion of the installation of the Racking System, the BUYER is obliged to complete the acceptance procedure. The acceptance procedure shall include a final inspection by the parties to the contract of the execution of the project, carried out by representatives of the parties specified in the contract or by express written notification to that effect. BUYER's employee and SUPPLIER employee & nbsp; will sign a two-sided protocol for completion and acceptance of the assembly certifying acceptance of the work. The inspection and signing of the Protocol will take place immediately after the completion of the Racking System (s), while the technicians are still in place. The BUYER is required to indicate the person who will be present at the inspection and ensure his presence at the appropriate time. The BUYER can not unreasonably postpone and retain the acceptance of the Racking System. If the Bilateral Installation Completion and Acceptance Protocol is not signed by the date and time for which the BUYER will be notified in writing by the SUPPLIER, then the date on which the BUYER will be invited in writing by the SUPPLIER & nbsp; to sign the Protocol, will be considered the date of completion of the project without any claim on the part of the BUYER. The non-signing of the record by the BUYER through the person responsible for it means absolute satisfaction with the quality and is accepted as tacit consent and acceptance of the work without objection. In this case, the Buyer has no right to withhold payments. If the BUYER has a claim on the quality of the PROVIDER's work, he / she must indicate them in writing prior to signing the PROTOCOL or describe them in the PROTOCOL and then sign it. If the BUYER requests that the Bilateral Protocols for Completion and Acceptance be signed at another time, this may be done only with the express written consent of the SUPPLIER & nbsp; and upon payment of additional remuneration related to the additional cost of the installation group.
11. The BUYER is obliged to perform the installation and at the latest by the date of signing of the Protocol under item 10. to carry out a careful review of the Racking System and, if necessary, request written corrections, after which the Racking System will have no functional or other disadvantages. If it is necessary to carry out third-party inspections of the completed works, they are at the expense of the BUYER.> 12. In case the BUYER signs the Protocol without motivated objections or does not sign it at all, but subsequently there are complaints about the status of the Shelf System & nbsp; at the moment of completion of the installation for inconsistencies and deficiencies that could be ascertained during the installation or upon signing of the Protocol, as well as in case of non-fulfillment of its obligations under items 10 and 11, the BUYER shall cover the expenses for additional the work of the technicians performing the repairs, as well as all the costs of their transport and accommodation 13. THE PROVIDER shall, at his own expense, remove the stated in good time from the BUYER during the installation or in the Protocol under Article 12 inconsistencies with the projects approved by the BUYER where such non-compliance affects the functionality of the Racking System. 14. In the event that during the installation of the Racking System or in the Protocol under Art. 12 of these Terms and Conditions, the non-conformity with the project approved by the BUYER shall be established, without this inconsistency (these discrepancies) being influences the functionality of the Racking System, the SUPPLIER undertakes at its own expense to remedy this discrepancy (mismatch) or to deduct from the contract price proportional to the discrepancy but not more than 3% (three percent) of the value of the contract.
15. If, after completion of the assembly and signing of the protocol under item 12, a non-compliance affecting the functionality of the Racking System is established, the BUYER shall immediately suspend the use of the Racking System and notify the SUPPLIER. The SUPPLIER undertakes within one week of the notification of the inconsistency found to make an opinion as to whether the Racking System can be used until the non-compliance has been remedied and within one month from the notification to remedy the non-compliance. If the SUPPLIER fails to do so, he owes the BUYER compensation equal to 0.5% of the ex-works value of the Racking System for each day of delay after the seventh day after the notification if it does not deliver an opinion or 1 month after the notification if it does not fulfill its obligation to remedy the non-compliance. If the non-compliance could be ascertained in the performance of the BUYER's obligations under items 11 and 13, the SUPPLIER shall not owe any indemnity unless it makes a statement or does not remedy the non-compliance within the specified time limits.
16. THE SUPPLIER is not obliged to consider objections to inaccuracies in performance that could have been ascertained in performing the BUYER's obligations under item 11, item 12 and item 13, made after the signing of the & nbsp; the protocol under p.12. and is not obliged to indemnify the BUYER for them. If the BUYER wishes to have a repair of the Racking System after the signing of the protocol under item 12, this may be done with the consent of the SUPPLIER & nbsp; and upon payment by the BUYER at the specified price.
17. THE SUPPLIER is obliged to bear the additional costs described in Article III, item 6
VII. OBLIGATIONS AND RESPONSIBILITIES OF THE SUPPLIER
1. The PROVIDER undertakes to prepare a visual design and deliver and install (if desired by the customer) & nbsp; The racking system according to the terms of the signed contracts with the BUYER and if not signed & ndash; in accordance with the offer and these terms and conditions.
2. The PROVIDER shall be responsible for the execution of the work on the whole project, provided that no special permission is required for its implementation. If additional work permits or licenses are required by the PROVIDER for the execution of work on the entire project, this is indicated before the contract is signed and the price for obtaining the contract is included in the total contract price.
3. If the need to obtain additional permits or licenses from the SUPPLIER & nbsp; is established after signing the contract, the SUPPLIER is entitled;
- refuse to execute the contract by informing the BUYER in writing as well as retaining such part of the amount received by the BUYER that corresponds to the expenses incurred by him so far and compensates for the damages suffered by him; - yes & nbsp; unilaterally changed the contract price with the BUYER by including the cost of obtaining the respective licenses and permits. 4. If the BUYER has ordered an assembly, the SUPPLIER is obliged to install the Racking System & nbsp; in accordance with the requirements of the design approved by both parties
6. If, in accordance with a contract signed between the parties, it is not agreed that & nbsp; installation, the SUPPLIER is not obligated but can provide a supervisor during installation for an extra charge. The task of the supervisor is to monitor the installation process of the Racking System and to ensure its compliance with the requirements of the engineering package. The supervisor's work does not include installation or worker management or process management 7. Unless otherwise agreed, the PROVIDER is not responsible for the preparation of the installation site. Unless otherwise advised, the PROVIDER accepts that there are no asbestos or other hazardous materials in the area. THE SUPPLIER will provide the possible assistance for the organization and planning of everything necessary to install the Shelving System in order to reduce installation costs.
8. The PROVIDER is not responsible for violation of the integrity of the existing hydro- or thermal insulation, damages to existing installations, as well as leaks that may occur as a result of attaching the Racking System to an existing building.
9. The SUPPLIER is not responsible for the use of the Racking System, except for poor quality workmanship or installation of the system itself. He shall not be liable for damages caused due to requirements placed by the BUYER or other factors not related to his / her obligation for the quality performance of the Racking System according to the contract.
10. By signing a contract with the SUPPLIER & nbsp; (CONTRACTOR) & nbsp; The BUYER (THE PRINCIPAL) disclaims it and warrants to it, as well as to its representatives, associates and all other related legal entities that they will be free from all actions, claims and actions as a result of non-compliance with the terms of the Instruction for Use. Managers must also take active action to train staff and users of the Racking System.
VIII. OBLIGATIONS OF THE BUYER
The BUYER takes responsibility for:
1. Provide complete and accurate information to the PROVIDER for the specific requirements of local law when the place of delivery and installation of the Racking System is outside Bulgaria, and to provide the necessary assistance to the SUPPLIER & nbsp; to obtain all permits, licenses and other documents necessary for the execution of the contract with Bulgarian workers by taking all necessary actions and submitting requests in due time and providing all necessary documents & nbsp; to obtain work permits and visas for technicians specified by the PROVIDER, if required by local law
2. Provide all necessary information needed by the SUPPLIER & nbsp; for the export insurance of the BUYER's payments.
3. Provide Appropriate and Acceptable for the SUPPLIER & nbsp; security of your obligation to pay the price in case of deferred payment 4. Fulfill its obligations to accept the delivery and to provide an appropriate construction site for the installation of the Racking System.
5. Ensure and secure the inspection of the building by a licensed local construction engineer to take over the newly created effort in the construction. Where a load bearing capacity is exceeded, a project to reinforce the building shall be prepared by the same or another qualified engineer. In case of need of amplification, the BUYER strengthens the building at his own expense.
6. Provide the necessary lighting to illuminate the Racking System (s) during and after installation.
7. Provide prominent safety instructions for use of the Racking System and recommendations for its safe use, as well as ensure the presence of persons in charge of the safety of its users when using the Racking System.
8. Periodically review the appearance of the Racking System, immediately notify the SUPPLIER & nbsp; in the event of a defect in the Racking System and to discontinue its use until the SUPPLIER has made an opinion on whether the Racking System can be used.
9. Does not allow third parties to damage the Racking System and to ensure that it is preserved in a way that does not endanger its users and does not cause any damage to the functionality of the Racking System.
IX. PAYMENT
1. Payment is specified in the delivery contract and the installation contract between the parties
2. All payments are made by bank transfer to the PROVIDER's bank account:
IBAN: BG20BUIN95611000455530 & nbsp; & nbsp; & nbsp; BIC: BUINBGSF Allianz Bank Bulgaria AD
3 The date of payment is the date on which the payer's account has been credited with the due amount.
4.For the due date of one of the payments, the BUYER owes to the SUPPLIER & nbsp; a penalty of 0.5% of the amount of the overdue payment for each day of delay 5. If the BUYER does not fulfill his obligation to pay a contract amount and his delay lasts for more than 20 (twenty) days, the SUPPLIER has the right to unilaterally terminate the performance of the Contract between the SUPPLIER & nbsp; and the BUYER, after having in writing invited the BUYER to pay the amounts due and give him a ten (ten) -day payment period. If within the specified period the BUYER does not pay the amounts due, the SUPPLIER has the right to retain & nbsp; any sums received so far under the terminated contract and is relieved of its obligations under the terminated contract.
6. Claims on the part of the BUYER will not be considered a legitimate reason for retaining payments due and the BUYER will pay the amounts due in the payment terms agreed by the parties.
X. FOOTWEAR INFORMATION.
1. The BUYER accepts the SUPPLIER to place signs indicating the type and specificity of the Racking System.
XI. PROCESS CHANGES IN IMPLEMENTATION OF THE PROJECT
1. The claimant may, in his desire to satisfy the BUYER's requests, make reasonable changes in the agreed amount of work and the scope of the project. The SUPPLIER has the right to calculate the value of the respective changes or additional works and add it to the total cost of the project.
2.All amendments to the work specified in the contract or offer as well as any additional requirements of the BUYER shall be specified in an annex to the Contract specifying the type and volume of the additional or modified works and their value as well as the modified total contract price .
XII. FORMSMAR
1. Neither the BUYER nor the SUPPLIER shall be liable in the event of force majeure. Accordingly, neither party will be held responsible for any damage or damage resulting from force majeure.
2.Stars will inform each other & nbsp; immediately & nbsp; (no more than 5 business days) after a force majeure occurs.
3. In the case of Force Majeure, the Parties undertake to produce a certificate of Force Majee from the relevant Chamber of Commerce or other equivalent authority of the respective country, and the time limits for execution are extended by the force majeure period.
XII KNOWLEDGE
1. All communications between the Parties shall be in writing, including by e-mail or fax, and shall be sent to their designated addresses (including e-mail) and faxes. 2. When changing the correspondence address of either Party, the modified address will be considered valid only if the other party is notified in writing. Until such time as a written notice of change of correspondence address is received, all messages sent to the previous address of the country will be deemed duly received by it.
XIV. WARRANTY
The standard warranty of the SUPPLIER for the Racking System is 5 (five) years from the date of signing of the BIDDING-TRANSMISSION PROTOCOL
2. The PROVIDER's guarantee covers any damage to the Racking System and other defects that may arise, even if the Operating Instructions are met. In such a case, the PROVIDER ensures that it will repair or replace the damaged items within an agreed period of notice. In the event that the Operating Instructions are not complied with, the warranty is not valid. The PROVIDER will bear all the costs of transporting parts and technicians for repair work on a warranty system.
3. The warranty becomes valid and begins to run in favor of the BUYER only after the full payment of the agreed price and is valid until the end of the term specified in the contract between the parties, which begins on the date on which the installation of the Racking System a Transmission Receipt has been signed, or the BUYER has been invited to sign one, but has not sent a representative or signed the protocol.
4. The warranty is valid only if the SUPPLIER carries out installation of the Racking System.
5. The warranty is valid only in cases where the Racking System is loaded with the maximum load specifications. In the event of misuse of the Operating Instructions, the PROVIDER will provide samples of the injured materials in a specialized laboratory and in the event of misuse, the SUPPLIER will refuse the warranty.
6. SUPPLIER is not responsible in case of improper use of mechanized means (forklift, electric motor, etc.), which results in violation of the integrity of the racking system or bending, breaking or pressure of some of the structural elements; 7. The warranty is valid only in cases where the given shelf system is used in accordance with its purpose and - external or internal use. If the SUPPLIER sells a shelf system for indoor conditions, but it is installed outdoors - the product warranty in 2 years if installed by SUPPLIER.
8. If the BUYER installs the system himself, but a PROVIDER's representative inspects and signs a protocol for correct installation of the system - the warranty is for 2 years. If the BUYER himself installs the system without a PROVIDER's representative to inspect the installation - the warranty is for a period of one year.
9.Protection coating - 1 year, provided there are no strikes on the racking elements that remove the coating
XV. NEGOTIATIONS AND BENEFITS
1. If the installation is delayed due to the fault of the BUYER, including due to delay of any payments under this Contract, and the technicians are already at the place of installation, any additional costs of their extended stay will be paid by the BUYER. This includes the cost of accommodation, food, car rental, change of flight, rental costs of machines and equipment needed for installation. Costs are due for each commencement of a day of delay or a day when technicians can not work for at least 8 hours.
2. If the BUYER does not store the materials from the day of their delivery until the end of the installation and does not keep them clean, any additional costs due to theft, violation of the integrity of the elements, violation of the cover due to improper storage, & nbsp; relocation or cleaning, including transportation, material and labor, shall be at the expense of the BUYER. & nbsp;
3. If the BUYER does not provide a suitable storage room for the mounting tools that the technicians lock, all costs incurred by theft or damage to tools and materials will be at the expense of the BUYER.
4. If the BUYER does not arrange according to the present General Terms and Conditions the stay of the technicians in a hotel or accommodation near the place of installation or any mechanism for which he has assumed responsibility, the SUPPLIER will do so at the expense of the BUYER.
5. If installation is delayed due to the fault of the BUYER and the technicians are at the place of installation for more than 7 days, the BUYER will pay in addition to the expenses and penalties as per the text above and the transport costs of the technicians.
6. If the SUPPLIER has delayed the installation for more than 1 (one) month, he owes compensation to the BUYER in the amount of the damages actually incurred by him, determined as the rent paid by the BUYER for the use of the room in which the racking system is located the period of the delay, but no more than the average market rent for such a room.
XVI. CONCLUDING DOCUMENTS
After the execution of the project, the BUYER receives the following documents:
1. OPERATION INSTRUCTIONS.
2.”Iracking” LTD WARANTY
3.INFORMATION TABLE
XVII. DISPUTES AND APPLICABLE LEGISLATION
1. The Dispatcher wishes to resolve all disputes between the parties through negotiation and agreement by mutual agreement. If the agreement can not be reached by mutual agreement, the SUPPLIER and the BUYER agree and accept the dispute (s) to be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in accordance with its rules of procedure based on arbitration agreements.
2.The two parties agree to accept the decision of the Bulgarian Chamber of Commerce and Industry to be final and both parties agree to implement it voluntarily.
3. The two parties agree that their contractual relations are governed by the applicable Bulgarian legislation.
XVII. KNOWLEDGE
1. All notifications between the Parties shall be made in writing and the written form shall be deemed to have been complied with, including by sending a fax or e-mail to parties specified in the contract, offer or commercial correspondence.
2. In the event that a Party changes its correspondence address, such change shall take effect for the other Party only after it has been duly notified in writing. Until the change enters into force, any notifications sent to that country's previous address will be deemed to have been received by it.
These General Terms and Conditions have been adopted by the General Meeting of "Iracking" LTD. on 01.08.2014 and have effect until their explicit revocation or modification in the order of their acceptance.
I. AGREEMENT WITH THE GENERAL CONDITIONS. APPLICABILITY OF THE GENERAL CONDITIONS
1.Customers of “Iracking” LTD agree to these General Terms and Conditions of the Company by completing the questionnaire for creating an offer for the conclusion of a contract for the construction of an engineering package and a contract for the production, delivery and installation of the Racking System or parts thereof. Consent is deemed to be expressed by completing and submitting the questionnaire, whether expressly requested by the BUYER.
2.With the signing of a Contract for the elaboration of an engineering package and / or a contract for the production, delivery and / or installation of a racking system with “ Iracking” LTD, The BUYER expressly agrees to these General Terms and Conditions without restriction or the possibility of rejecting any clause unless otherwise expressly agreed in the Agreement between the Parties.
3. If there are any discrepancies between these Terms and Conditions and the terms of the Contract concluded with the BUYER, the provisions of the Agreement will prevail.
4. In the event that a separate contract for the execution of an engineering package and / or a contract for the production, delivery and installation of a racking system is not signed as a separate document, but the questionnaire for the creation of a tender has been filled in and a BUYER request for purchase of the product of the SUPPLIER and / or for the provision of a service by the PROVIDER for the manufacture of an engineering package, production, delivery and installation of a racking system and this application is executed by the SUPPLIER, then the relationship between the SUPPLIER & nbsp; and the BUYER shall be governed by these General Terms and Conditions and the applicable legislation.
II. TECHNICAL QUESTIONNAIRE. PRELIMINARY INFORMATION
1. If you wish to purchase from SUPPLIER & nbsp; its product & ndash; Racking system & nbsp; and use the SUPPLIER's service & nbsp; to install the same, the BUYER asks the SUPPLIER & nbsp; and completes a technical questionnaire prepared and provided by the PROVIDER.
2.Technical questionnaire is a questionnaire with different questions about the future Racking System & nbsp; and the existing building that the BUYER has to fill. Completing this questionnaire is an important part of the project. Any errors or omissions in the information provided may be a reason for non-performance or inaccurate performance of & nbsp; of the entire project and cause delay in terms, as well as additional costs for the BUYER. To this end, the SUPPLIER keeps the BUYER to pay attention to all questions and answer them in as much detail as possible in order to avoid additional costs. In the event that the BUYER has not responded accurately and exhaustively to the SUPPLIER's questions & nbsp; and / or has indicated incorrect information, the contract price is subject to change in accordance with the rules of these General Terms, the BUYER owes compensation to the SUPPLIER & nbsp; for all damages suffered by him / her and has no right to object to improper performance of the contract by the SUPPLIER.
3. In the event that the execution of the delivery and installation of the Contract Racking System will be in a country other than the Republic of Bulgaria, the BUYER shall be obliged upon sending a request to the SUPPLIER & nbsp; for an offer to manufacture, supply and install a Racking System to inform the SUPPLIER & nbsp; the terms of the local legislation concerning the installation of the Racking System by foreigners, the rules on safety at work, the existence of a requirement for prior authorization or registration in the installation of the Racking System, the existence of special rules for carrying out this activity etc., as well as to indicate to the SUPPLIER & nbsp; the names of the competent state authorities that have the authority to authorize or control the installation of the Racking System and the authorization and control of the work of foreigners in the country.
4. The information under item 3 may be requested from the SUPPLIER & nbsp; and after making an offer on his part in the cases where the SUPPLIER participates in an Auction or Competition announced by the BUYER, this requirement being specified in the offer and part of it.
5. In the event that the BUYER has not provided any information under item 3, the SUPPLIER undertakes obligations to the BUYER under terms and conditions that are enforceable in the absence of special conditions for the delivery and installation of the Racking System under local law . If the existence of such requirements is subsequently established and / or the BUYER has indicated incorrect information under item 3, the price and terms of the contract are subject to change in accordance with the rules of these General Terms and the BUYER owes indemnity to the SUPPLIER & nbsp; for any harm suffered by him.
III. THE OFFER
1. In the interest of the BUYER, and filled in and sent to the BUYER & nbsp; a questionnaire for the preparation of a tender, and in the case of a public tender or competition, the PROVIDER prepares a bid and sends it to the BUYER. Together with the questionnaire, the BUYER should also indicate the information required by Section III, point 3 of these Terms and Conditions. Offer can also be sent without a completed questionnaire, but only on the basis of a telephone inquiry and / or e-mail of & quot;;Iracking" LTD
2. The offer is binding for the SUPPLIER & nbsp; only if the questionnaire is accurately completed and the information required by Section III, point 3 of these Terms and Conditions is exhaustively and accurately stated. Bid is Binding to SUPPLIER & nbsp; only in accordance with the parameters and conditions specified in the questionnaire or in the terms of the tender or competition. The terms and conditions of the offer are subject to change upon change of the parameters, conditions, volume of work and requirements set by the BUYER, as well as in view of the specific conditions of the law of the place of performance of the place of performance specified in Section III.3 of these General Terms delivery and service of the installation of the Racking System.
3. The offer is binding on the PROVIDER 20 days after its dispatch to the BUYER, unless otherwise stated in the offer.
4. If the BUYER declares that he accepts the offer within the time limit specified in item 3 above, the Contract for the Production, Delivery and Installation of a Racking System shall be deemed to have been concluded between the parties under these General Terms, unless otherwise specified in the tender , in the application for admission or in the conditions of the tender or the competition. If a separate Contract for the production, delivery and installation of an artificial climbing wall is subsequently concluded between the Parties, its provisions, which are distinct from these General Terms and Conditions, have priority application.
5 Unless explicitly stated in the contract, the PROVIDER does not include in the contract price a pre-visit at the site of installation of the Racking System as part of the tender and the project itself, but this may be provided as a service at an additional cost. For the exact execution of the SUPPLIER's contract, accurate and timely information regarding the installation site provided by the BUYER upon signing the contract and at the written request of the SUPPLIER is necessary.
6. Differences in floor level of more than 1.5 cm for the entire structure should be reported & nbsp; of SUPPLIER & nbsp; in writing at signing the contract. Otherwise, the SUPPLIER assumes that the surface is equal, and if the installation of the Racking System reveals that there are inconsistencies, then additional costs may be incurred by the BUYER. The additional costs that may be incurred are the purchase of metal strips with different thicknesses for the substrates, as well as additional cost for longer than the envisaged concrete anchors.
7. The offer assumes that the preparation of the installation site will be carried out by the BUYER in accordance with the installation requirements laid down in the contract and the applicable legislation, and it is also assumed that the soil, ground and floor conditions as well as the walls or other facilities and / or elements of the structure of the building or the installation site to which the climbing structure will be attached will be & nbsp; verified by a licensed local engineering engineer employed by & nbsp; BUYER. & Nbsp; Removing or modifying the flooring is not included in the offer. Typically, the racking system can be installed on already existing flooring as long as this flooring is sufficiently stable and meets the engineering requirements for installation of the racking system. If floor or foundation changes are required, the SUPPLIER would agree to perform them as a service against an additional payment, and the BUYER will bear all the costs involved. If the BUYER does not pay for any changes to the flooring or foundation costs or delay their payment, he owes the SUPPLIER & nbsp; except these amounts and compensation for all incurred by the SUPPLIER & nbsp; from this failure or delay damage.
8. By default, maintenance or inspection of the Racking System (s) is not included in the offer. Outside the Warranty Period. If the customer orders an inspection, the PROVIDER will set a date for its execution in the next two months. If it is included in the offer as a service and if it is paid by the BUYER, the SUPPLIER has the right to set the inspection date on the date of completion of the installation of the Racking System (+) (-) 1 month. 19. The inspection of the Racking System can be negotiated with a separate contract.
IV. WEATHER DISTRIBUTION. DEADLINE
1.SERVER'S Standard Procedures & nbsp; suggesting accurate time planning after signing the contract. THE SUPPLIER is responsible for its performance within the time limits specified in the Contract only subject to strict compliance with the BUYER's obligations. & Nbsp; The timetable depends on the BUYER's performance of his contractual obligations such as signing the contract, completing the technical questionnaire and providing the information under Section III. of the present General Terms and Conditions, payment of the amounts agreed in the Contract, provision of conditions for installation of the Racking System, etc.
2. Any failure and / or improper performance of the CONTRACT's BUYER's obligations is a reason for extension of DELIVERY PERIODS & nbsp; with the period of delay on the part of the BUYER.
3. If the BUYER has delayed the fulfillment of any of his obligations under the contract, which is a condition for commencing the production and delivery period of the Racking System, with more than 10 & nbsp; days, the starting date from which production and delivery time begins to run will be determined unilaterally by the SUPPLIER with & nbsp; written notice to the BUYER, and the SUPPLIER has the right to freely designate this date in view of his commitments under other contracts.
5. If after the arrival of the technicians and before the commencement of the installation or if during the installation due to failure to fulfill the obligation of the BUYER under this contract the installation can not be carried out for a period longer than 5 (five) days, the SUPPLIER shall have the right in writing to inform the BUYER that the installation will be terminated and will be renewed from a date after the installation conditions have been provided for which the SUPPLIER will notify the BUYER in writing. & nbsp; & nbsp;
6. In all the above cases, the SUPPLIER is entitled to additional fees related to a change in the agreed time plans or moving the assembly team & nbsp; and / or ordering materials and equipment for a short time.
V. DELIVERY
1. The terms of delivery in each particular case shall be determined in a contract for the production, delivery and installation of a racking system signed by the parties and, if no such contract is signed; in the offer of the SUPPLIER accepted by the BUYER. Carriage, shipment insurance, risk transfer, and the like are governed by the agreed delivery clause & nbsp; under the & nbsp; Incoterms 2012.
2. If & nbsp; The BUYER has ordered the transportation of the Racking System (s), then this transport will be performed in accordance with the internationally agreed INCOTERMS 2012 terms agreed by both parties.
3. Notwithstanding the selected delivery terms, the BUYER must indicate in the contract with the SUPPLIER & nbsp; contact information (full name, address, telephone number, mobile number, fax number) of the person responsible for receiving the shipment and (if necessary) for all necessary customs procedures. This person should be available at any time while the rack system (s) travels. The contact information specified in the contract may be changed only by express written notice.
4. Delivery of the Racking System will take place within the time specified in the contract between the parties, which will start after all the following actions have been taken:
- & nbsp; Received by SUPPLIER & nbsp; the prepayment and all payments due before sending the Racking System - & nbsp; Received by SUPPLIER & nbsp; of the contract signed and stamped by the BUYER in the original by post or courier or written confirmation of the BUYER's consent with the SUPPLIER & nbsp; offer, including written notice of the choice of SUPPLIER & nbsp; for a contractor in an auction or competition announced by the BUYER.
5. The delivery period may be extended by no more than 30 (thirty) days in the event of delay in delivery by the Manufacturers of components or materials deposited in the Racking System subject to this Agreement for which the SUPPLIER shall notify in writing the BUYER .
6. THE SUPPLIER informs the BUYER & nbsp; for the exact delivery date at least 2 days in advance. As of this date, the BUYER must take all necessary steps to receive, unload and store all delivered parts on the delivery date. If the BUYER refuses to accept the goods on the delivery date, they will incur additional charges for each delay.
If installation is delayed by the fault of the BUYER, prior to arrival of the assembly group, the PROVIDER will set new arrival dates for the technicians and the completion times of the Racking System (s) will be extended accordingly by the SUPPLIER & nbsp; without the consent of the BUYER.
7. For transport, the conditions provided in & nbsp; Incoterms 2012. The BUYER will inspect the parts of the Racking System on the date and place of delivery and will immediately notify the PROVIDER & nbsp; for all obvious defects.
& nbsp; Obligation & nbsp; BUYER & nbsp; is to check if the number of parts that arrived matches the description of the SUPPLIER's goods & nbsp; in the relevant transport document. Any losses or damages must be noticed and reflected in the description of the goods before they are signed. In the absence of additional entries, it is assumed that the Racking System is delivered in excellent condition and is fit for installation.
8. If the Racking System is delivered EXW, the BUYER is obliged to collect it from the warehouse & nbsp; of SUPPLIER & nbsp; within 5 days of receipt of a written notice of delivery from the PROVIDER. In case the BUYER does not collect the Racking System within the above mentioned period, he will pay a storage fee of € 0.2 per day & nbsp; for each pallet location in addition to the penalties due for any late payment. Failure by the BUYER to comply with the obligation to collect the Racking System or its Parts of the EXW site for delivery longer than 1 month after receipt of a DELIVERY NOTICE sent by the SUPPLIER & by e-mail to the BUYER's address provided in clause 10.1 of this Agreement is considered a serious breach of this Agreement and the BUYER is obliged to fulfill its contractual obligations and to pay the full price agreed between the parties completely in 3 / term & nbsp; after receiving a call for a voluntary payment, even though the installation of the Racking System has not been performed. If the BUYER requests installation of the Racking System after the expiration of the specified one-month period, the installation shall be made after payment by the BUYER of the full price of the contract and of the penalties due on it.
9. The BUYER becomes the full owner of the racking elements after paying 100% of its value, namely the price stated in the Contract for the Production, Delivery and Installation of Shelves
.
VI. & Nbsp; CONDITIONS FOR INSTALLATION. RESPONSIBILITY OF DELICATURY PROVIDER
1.1. The installation of the Racking System will take place within a term specified in the Contract between the parties that begins after all the following actions are taken:
Received by SUPPLIER & nbsp; of all payments due before the installation of the Racking System & nbsp; & nbsp; - & nbsp; & nbsp; Unloading the Shelf System.
& nbsp; & nbsp; - & nbsp; Provide an appropriate construction site with dimensions defined in the visual design of the Shelf system.
& nbsp; & nbsp; - & nbsp; & nbsp; Ensuring installation conditions at the construction site determined in accordance with these General Terms and Conditions and implementing all the commitments made by the BUYER in connection with this.
2. The SUPPLIER is bound only by the deadlines for completion of the project, not the requirements of & nbsp; BUYER for the workflow. Upon the BUYER's delay, the installation period increases with the delay period.
3. In the event that the SUPPLIER does not receive a payment due at a certain stage of the assembly or production process under the terms of payment agreed in the Contract between the parties or specified in the BUYER's offer accepted by the BUYER the installation will be suspended until the payment due, period the BUYER will bear directly all the costs associated with the installation and with the stay of the assembly group.
4. 1 .. In order to carry out all actions which are the BUYER's obligation and are a condition for starting the installation period of the Racking System, the BUYER undertakes to notify in writing the SUPPLIER & nbsp; and the installation period begins to run from the date of receipt of the notification 4.2. THE SUPPLIER undertakes to inform the BUYER about the arrival of the installation technicians and the planned start date of the assembly up to 2 days prior to the arrival of the technicians and the start of the installation.
5. The BUYER is obliged to provide the following installation conditions and to fulfill the following obligations necessary for the installation:
- Provide 12 hours, 7 days a week access and installation permission at the place where the racking system will be erected during the installation period.
- Provide access to electricity 220-240 (110) V and at least 5 kW power.
- Provide access to water
- Provide a toilet at the installation site.
- Provide heating at the installation site during installation if work is done in winter.
- Provide lifting platforms with a height not less than the height of the rack system at the site and during installation. When provided by the BUYER, lifting platforms must be available to the technicians at all times. If the BUYER requires the lift platforms not to be provided by the BUYER, the SUPPLIER is ready to provide them for an extra charge. The number of & nbsp; hydraulic platforms, skeletons on wheels or scissor lifts provided by the BUYER depends on the number of installers who & nbsp; THE SUPPLIER has sent to install the Racking System; in the event that more than one team of technicians works on the Racking System, the BUYER will provide one piece of the above described equipment for each working installation team.
- Provide mobile scaffolding in case a lifting platform is not available or recommended by the PROVIDER. Mobile scaffolding is self-supporting scaffolding, which is self-supporting and mounted on wheels. Mobile scaffolds should be provided along with information on their safe use and construction. If the scaffolding configuration will change, contact the manufacturer or its supplier for further guidance. All modular mobile scaffolds must be constructed in accordance with the manufacturer's specifications. The following control measures should be introduced for mobile scaffolding:
A) The height of the scaffolding from the scaffold's ozone to the work surface shall not exceed three times the minimum size of the substrate unless the manufacturer, supplier or designer is specifically mentioned. Note: Some mobile scaffolds (eg Aluminum) may not be stable at a height of 3 to 1. AS 1576 Scaffold explicitly mentions the existence of a side load test that confirms the stability of the scaffolding.
(B) provide documentation demonstrating that the mobile scaffolding adheres to the abovementioned test.
В) Use a secured internal ladder with a safety opening (eg a hinged door) for access to and from the scaffold.
Г) Choose wheels of the appropriate size and capacity to maintain the static and dynamic loading of the scaffold.
Д) Use wheels with clearly specified workload limit.
Е) Wheels fitted according to the standard must be locked before the scaffolding is completed.
G) Use and adjust wheels with adjustable legs to maintain the level of the platform when the support structure is at different heights.
З) Make a planned reinforcement of the base of the scaffold to provide greater stability.
- Provide space for storing materials.
- Provide adequate lighting for the location and installation period
- Remove any electrical, water, lighting and other systems that may interfere with the racking system. The SUPPLIER can move these systems for an extra charge.
- To accept and unload carefully, according to the instructions for loading and unloading of fragile goods and to store all the elements of the Racking System from the day of their delivery. If the BUYER requires this work to be done by the SUPPLIER, the latter will charge additional remuneration depending on the difficulty of access. Storage must be at the installation site. If it is elsewhere, the transfer of the materials must be done by the BUYER or the contract value will be increased.
- Prepare the installation site, if necessary, according to the drawings and requirements of the PROVIDER. THE SUPPLIER will provide the details and requirements required to perform this activity. The purpose is to prepare the place for installation no later than the arrival of the assembly group.
- to relocate installations such as electrical, lighting, plumbing and the like, which may interfere with the construction of the Racking System or create dangers or inconvenience during installation until installation begins. - To provide a waste container (s) - To export the waste container (s) after completion of the project. In the event the BUYER wishes the DELIVERY to be performed by the SUPPLIER, the latter & nbsp; will do so at an additional cost.
- Provide a convenient place where technicians can store your equipment and tools under lock.
- Store all the materials and tools until the assembly is complete and keep them clean - Set up a sleeping facility for technicians near the place of installation and take the appropriate costs. It is necessary to have water, electricity, heating, enough beds, functioning bathroom and toilet. This service may be ordered by the BUYER of the Contractor for an additional fee.
- Ensure and provide the necessary load bearing capacity (floor slab) to handle the load from the hydraulic lifter (that the floor / building is strong enough to bear the required loads).
- Provide the necessary lighting to illuminate the Racking System (s) during and after installation.
During the installation, the BUYER is obliged to provide installers access to the installation site all day of the week (including Saturdays and Sundays) as well as permanent access for the purpose of inserting materials, hydraulic platforms, forklifts, etc. & nbsp; Hydraulic platforms will be used to arrange and place the various parts of the Racking System (s). Usually work will be done during the day.
8. In case of installation of an external Racking System in unfavorable weather conditions, namely - temperature below + 5 ° C, wind above 15m / s, as well as in case of rainfall, the work of the installers is obstructed and the installation period of the Racking System is automatic is prolonged due to bad climatic conditions with the time when it was not possible to perform the contract work.
9, the BUYER undertakes, at the beginning of assembly, to specify with the assembly group the positioning of the Racking System and its individual elements and to carry out continuous control in the assembly process for the correct positioning of the Racking System and its individual elements and their compliance with the approved engineering projects, as well as notify the project manager in writing and & nbsp; the assembly group immediately in case of non-compliance with these projects. Otherwise, the BUYER can not claim compensation & nbsp; & nbsp; of this contract.
10 ,. On the day of completion of the installation of the Racking System, the BUYER is obliged to complete the acceptance procedure. The acceptance procedure shall include a final inspection by the parties to the contract of the execution of the project, carried out by representatives of the parties specified in the contract or by express written notification to that effect. BUYER's employee and SUPPLIER employee & nbsp; will sign a two-sided protocol for completion and acceptance of the assembly certifying acceptance of the work. The inspection and signing of the Protocol will take place immediately after the completion of the Racking System (s), while the technicians are still in place. The BUYER is required to indicate the person who will be present at the inspection and ensure his presence at the appropriate time. The BUYER can not unreasonably postpone and retain the acceptance of the Racking System. If the Bilateral Installation Completion and Acceptance Protocol is not signed by the date and time for which the BUYER will be notified in writing by the SUPPLIER, then the date on which the BUYER will be invited in writing by the SUPPLIER & nbsp; to sign the Protocol, will be considered the date of completion of the project without any claim on the part of the BUYER. The non-signing of the record by the BUYER through the person responsible for it means absolute satisfaction with the quality and is accepted as tacit consent and acceptance of the work without objection. In this case, the Buyer has no right to withhold payments. If the BUYER has a claim on the quality of the PROVIDER's work, he / she must indicate them in writing prior to signing the PROTOCOL or describe them in the PROTOCOL and then sign it. If the BUYER requests that the Bilateral Protocols for Completion and Acceptance be signed at another time, this may be done only with the express written consent of the SUPPLIER & nbsp; and upon payment of additional remuneration related to the additional cost of the installation group.
11. The BUYER is obliged to perform the installation and at the latest by the date of signing of the Protocol under item 10. to carry out a careful review of the Racking System and, if necessary, request written corrections, after which the Racking System will have no functional or other disadvantages. If it is necessary to carry out third-party inspections of the completed works, they are at the expense of the BUYER.> 12. In case the BUYER signs the Protocol without motivated objections or does not sign it at all, but subsequently there are complaints about the status of the Shelf System & nbsp; at the moment of completion of the installation for inconsistencies and deficiencies that could be ascertained during the installation or upon signing of the Protocol, as well as in case of non-fulfillment of its obligations under items 10 and 11, the BUYER shall cover the expenses for additional the work of the technicians performing the repairs, as well as all the costs of their transport and accommodation 13. THE PROVIDER shall, at his own expense, remove the stated in good time from the BUYER during the installation or in the Protocol under Article 12 inconsistencies with the projects approved by the BUYER where such non-compliance affects the functionality of the Racking System. 14. In the event that during the installation of the Racking System or in the Protocol under Art. 12 of these Terms and Conditions, the non-conformity with the project approved by the BUYER shall be established, without this inconsistency (these discrepancies) being influences the functionality of the Racking System, the SUPPLIER undertakes at its own expense to remedy this discrepancy (mismatch) or to deduct from the contract price proportional to the discrepancy but not more than 3% (three percent) of the value of the contract.
15. If, after completion of the assembly and signing of the protocol under item 12, a non-compliance affecting the functionality of the Racking System is established, the BUYER shall immediately suspend the use of the Racking System and notify the SUPPLIER. The SUPPLIER undertakes within one week of the notification of the inconsistency found to make an opinion as to whether the Racking System can be used until the non-compliance has been remedied and within one month from the notification to remedy the non-compliance. If the SUPPLIER fails to do so, he owes the BUYER compensation equal to 0.5% of the ex-works value of the Racking System for each day of delay after the seventh day after the notification if it does not deliver an opinion or 1 month after the notification if it does not fulfill its obligation to remedy the non-compliance. If the non-compliance could be ascertained in the performance of the BUYER's obligations under items 11 and 13, the SUPPLIER shall not owe any indemnity unless it makes a statement or does not remedy the non-compliance within the specified time limits.
16. THE SUPPLIER is not obliged to consider objections to inaccuracies in performance that could have been ascertained in performing the BUYER's obligations under item 11, item 12 and item 13, made after the signing of the & nbsp; the protocol under p.12. and is not obliged to indemnify the BUYER for them. If the BUYER wishes to have a repair of the Racking System after the signing of the protocol under item 12, this may be done with the consent of the SUPPLIER & nbsp; and upon payment by the BUYER at the specified price.
17. THE SUPPLIER is obliged to bear the additional costs described in Article III, item 6
VII. OBLIGATIONS AND RESPONSIBILITIES OF THE SUPPLIER
1. The PROVIDER undertakes to prepare a visual design and deliver and install (if desired by the customer) & nbsp; The racking system according to the terms of the signed contracts with the BUYER and if not signed & ndash; in accordance with the offer and these terms and conditions.
2. The PROVIDER shall be responsible for the execution of the work on the whole project, provided that no special permission is required for its implementation. If additional work permits or licenses are required by the PROVIDER for the execution of work on the entire project, this is indicated before the contract is signed and the price for obtaining the contract is included in the total contract price.
3. If the need to obtain additional permits or licenses from the SUPPLIER & nbsp; is established after signing the contract, the SUPPLIER is entitled;
- refuse to execute the contract by informing the BUYER in writing as well as retaining such part of the amount received by the BUYER that corresponds to the expenses incurred by him so far and compensates for the damages suffered by him; - yes & nbsp; unilaterally changed the contract price with the BUYER by including the cost of obtaining the respective licenses and permits. 4. If the BUYER has ordered an assembly, the SUPPLIER is obliged to install the Racking System & nbsp; in accordance with the requirements of the design approved by both parties
6. If, in accordance with a contract signed between the parties, it is not agreed that & nbsp; installation, the SUPPLIER is not obligated but can provide a supervisor during installation for an extra charge. The task of the supervisor is to monitor the installation process of the Racking System and to ensure its compliance with the requirements of the engineering package. The supervisor's work does not include installation or worker management or process management 7. Unless otherwise agreed, the PROVIDER is not responsible for the preparation of the installation site. Unless otherwise advised, the PROVIDER accepts that there are no asbestos or other hazardous materials in the area. THE SUPPLIER will provide the possible assistance for the organization and planning of everything necessary to install the Shelving System in order to reduce installation costs.
8. The PROVIDER is not responsible for violation of the integrity of the existing hydro- or thermal insulation, damages to existing installations, as well as leaks that may occur as a result of attaching the Racking System to an existing building.
9. The SUPPLIER is not responsible for the use of the Racking System, except for poor quality workmanship or installation of the system itself. He shall not be liable for damages caused due to requirements placed by the BUYER or other factors not related to his / her obligation for the quality performance of the Racking System according to the contract.
10. By signing a contract with the SUPPLIER & nbsp; (CONTRACTOR) & nbsp; The BUYER (THE PRINCIPAL) disclaims it and warrants to it, as well as to its representatives, associates and all other related legal entities that they will be free from all actions, claims and actions as a result of non-compliance with the terms of the Instruction for Use. Managers must also take active action to train staff and users of the Racking System.
VIII. OBLIGATIONS OF THE BUYER
The BUYER takes responsibility for:
1. Provide complete and accurate information to the PROVIDER for the specific requirements of local law when the place of delivery and installation of the Racking System is outside Bulgaria, and to provide the necessary assistance to the SUPPLIER & nbsp; to obtain all permits, licenses and other documents necessary for the execution of the contract with Bulgarian workers by taking all necessary actions and submitting requests in due time and providing all necessary documents & nbsp; to obtain work permits and visas for technicians specified by the PROVIDER, if required by local law
2. Provide all necessary information needed by the SUPPLIER & nbsp; for the export insurance of the BUYER's payments.
3. Provide Appropriate and Acceptable for the SUPPLIER & nbsp; security of your obligation to pay the price in case of deferred payment 4. Fulfill its obligations to accept the delivery and to provide an appropriate construction site for the installation of the Racking System.
5. Ensure and secure the inspection of the building by a licensed local construction engineer to take over the newly created effort in the construction. Where a load bearing capacity is exceeded, a project to reinforce the building shall be prepared by the same or another qualified engineer. In case of need of amplification, the BUYER strengthens the building at his own expense.
6. Provide the necessary lighting to illuminate the Racking System (s) during and after installation.
7. Provide prominent safety instructions for use of the Racking System and recommendations for its safe use, as well as ensure the presence of persons in charge of the safety of its users when using the Racking System.
8. Periodically review the appearance of the Racking System, immediately notify the SUPPLIER & nbsp; in the event of a defect in the Racking System and to discontinue its use until the SUPPLIER has made an opinion on whether the Racking System can be used.
9. Does not allow third parties to damage the Racking System and to ensure that it is preserved in a way that does not endanger its users and does not cause any damage to the functionality of the Racking System.
IX. PAYMENT
1. Payment is specified in the delivery contract and the installation contract between the parties
2. All payments are made by bank transfer to the PROVIDER's bank account:
IBAN: BG20BUIN95611000455530 & nbsp; & nbsp; & nbsp; BIC: BUINBGSF Allianz Bank Bulgaria AD
3 The date of payment is the date on which the payer's account has been credited with the due amount.
4.For the due date of one of the payments, the BUYER owes to the SUPPLIER & nbsp; a penalty of 0.5% of the amount of the overdue payment for each day of delay 5. If the BUYER does not fulfill his obligation to pay a contract amount and his delay lasts for more than 20 (twenty) days, the SUPPLIER has the right to unilaterally terminate the performance of the Contract between the SUPPLIER & nbsp; and the BUYER, after having in writing invited the BUYER to pay the amounts due and give him a ten (ten) -day payment period. If within the specified period the BUYER does not pay the amounts due, the SUPPLIER has the right to retain & nbsp; any sums received so far under the terminated contract and is relieved of its obligations under the terminated contract.
6. Claims on the part of the BUYER will not be considered a legitimate reason for retaining payments due and the BUYER will pay the amounts due in the payment terms agreed by the parties.
X. FOOTWEAR INFORMATION.
1. The BUYER accepts the SUPPLIER to place signs indicating the type and specificity of the Racking System.
XI. PROCESS CHANGES IN IMPLEMENTATION OF THE PROJECT
1. The claimant may, in his desire to satisfy the BUYER's requests, make reasonable changes in the agreed amount of work and the scope of the project. The SUPPLIER has the right to calculate the value of the respective changes or additional works and add it to the total cost of the project.
2.All amendments to the work specified in the contract or offer as well as any additional requirements of the BUYER shall be specified in an annex to the Contract specifying the type and volume of the additional or modified works and their value as well as the modified total contract price .
XII. FORMSMAR
1. Neither the BUYER nor the SUPPLIER shall be liable in the event of force majeure. Accordingly, neither party will be held responsible for any damage or damage resulting from force majeure.
2.Stars will inform each other & nbsp; immediately & nbsp; (no more than 5 business days) after a force majeure occurs.
3. In the case of Force Majeure, the Parties undertake to produce a certificate of Force Majee from the relevant Chamber of Commerce or other equivalent authority of the respective country, and the time limits for execution are extended by the force majeure period.
XII KNOWLEDGE
1. All communications between the Parties shall be in writing, including by e-mail or fax, and shall be sent to their designated addresses (including e-mail) and faxes. 2. When changing the correspondence address of either Party, the modified address will be considered valid only if the other party is notified in writing. Until such time as a written notice of change of correspondence address is received, all messages sent to the previous address of the country will be deemed duly received by it.
XIV. WARRANTY
The standard warranty of the SUPPLIER for the Racking System is 5 (five) years from the date of signing of the BIDDING-TRANSMISSION PROTOCOL
2. The PROVIDER's guarantee covers any damage to the Racking System and other defects that may arise, even if the Operating Instructions are met. In such a case, the PROVIDER ensures that it will repair or replace the damaged items within an agreed period of notice. In the event that the Operating Instructions are not complied with, the warranty is not valid. The PROVIDER will bear all the costs of transporting parts and technicians for repair work on a warranty system.
3. The warranty becomes valid and begins to run in favor of the BUYER only after the full payment of the agreed price and is valid until the end of the term specified in the contract between the parties, which begins on the date on which the installation of the Racking System a Transmission Receipt has been signed, or the BUYER has been invited to sign one, but has not sent a representative or signed the protocol.
4. The warranty is valid only if the SUPPLIER carries out installation of the Racking System.
5. The warranty is valid only in cases where the Racking System is loaded with the maximum load specifications. In the event of misuse of the Operating Instructions, the PROVIDER will provide samples of the injured materials in a specialized laboratory and in the event of misuse, the SUPPLIER will refuse the warranty.
6. SUPPLIER is not responsible in case of improper use of mechanized means (forklift, electric motor, etc.), which results in violation of the integrity of the racking system or bending, breaking or pressure of some of the structural elements; 7. The warranty is valid only in cases where the given shelf system is used in accordance with its purpose and - external or internal use. If the SUPPLIER sells a shelf system for indoor conditions, but it is installed outdoors - the product warranty in 2 years if installed by SUPPLIER.
8. If the BUYER installs the system himself, but a PROVIDER's representative inspects and signs a protocol for correct installation of the system - the warranty is for 2 years. If the BUYER himself installs the system without a PROVIDER's representative to inspect the installation - the warranty is for a period of one year.
9.Protection coating - 1 year, provided there are no strikes on the racking elements that remove the coating
XV. NEGOTIATIONS AND BENEFITS
1. If the installation is delayed due to the fault of the BUYER, including due to delay of any payments under this Contract, and the technicians are already at the place of installation, any additional costs of their extended stay will be paid by the BUYER. This includes the cost of accommodation, food, car rental, change of flight, rental costs of machines and equipment needed for installation. Costs are due for each commencement of a day of delay or a day when technicians can not work for at least 8 hours.
2. If the BUYER does not store the materials from the day of their delivery until the end of the installation and does not keep them clean, any additional costs due to theft, violation of the integrity of the elements, violation of the cover due to improper storage, & nbsp; relocation or cleaning, including transportation, material and labor, shall be at the expense of the BUYER. & nbsp;
3. If the BUYER does not provide a suitable storage room for the mounting tools that the technicians lock, all costs incurred by theft or damage to tools and materials will be at the expense of the BUYER.
4. If the BUYER does not arrange according to the present General Terms and Conditions the stay of the technicians in a hotel or accommodation near the place of installation or any mechanism for which he has assumed responsibility, the SUPPLIER will do so at the expense of the BUYER.
5. If installation is delayed due to the fault of the BUYER and the technicians are at the place of installation for more than 7 days, the BUYER will pay in addition to the expenses and penalties as per the text above and the transport costs of the technicians.
6. If the SUPPLIER has delayed the installation for more than 1 (one) month, he owes compensation to the BUYER in the amount of the damages actually incurred by him, determined as the rent paid by the BUYER for the use of the room in which the racking system is located the period of the delay, but no more than the average market rent for such a room.
XVI. CONCLUDING DOCUMENTS
After the execution of the project, the BUYER receives the following documents:
1. OPERATION INSTRUCTIONS.
2.”Iracking” LTD WARANTY
3.INFORMATION TABLE
XVII. DISPUTES AND APPLICABLE LEGISLATION
1. The Dispatcher wishes to resolve all disputes between the parties through negotiation and agreement by mutual agreement. If the agreement can not be reached by mutual agreement, the SUPPLIER and the BUYER agree and accept the dispute (s) to be referred to the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in accordance with its rules of procedure based on arbitration agreements.
2.The two parties agree to accept the decision of the Bulgarian Chamber of Commerce and Industry to be final and both parties agree to implement it voluntarily.
3. The two parties agree that their contractual relations are governed by the applicable Bulgarian legislation.
XVII. KNOWLEDGE
1. All notifications between the Parties shall be made in writing and the written form shall be deemed to have been complied with, including by sending a fax or e-mail to parties specified in the contract, offer or commercial correspondence.
2. In the event that a Party changes its correspondence address, such change shall take effect for the other Party only after it has been duly notified in writing. Until the change enters into force, any notifications sent to that country's previous address will be deemed to have been received by it.
These General Terms and Conditions have been adopted by the General Meeting of "Iracking" LTD. on 01.08.2014 and have effect until their explicit revocation or modification in the order of their acceptance.