Contract at general terms and conditions

  1. Scope of/entering into contract
    1. Quarta Media Ltd, a company registered in Plovdiv, Republic of Bulgaria, hereinafter referred to as Supplier, provides all supplies and services exclusively under contract at general terms and conditions.
    2. Supplier’s offers shall be considered without obligation to approve each separate price and are not binding unless explicitly specified.
    3. Binding and legally valid is only the written confirmation of the order by the Supplier. In case of immediate fulfillment of the order, the invoice and the delivery document(s) shall be considered as confirmation of the order. In the event the ordering client has objections concerning the contents of the confirmation of the order, he/she shall immediately put them in written form and the time for objection shall start on the day of its reception at Supplier’s office. Otherwise, the contract shall be fulfilled as agreed for immediate fulfillment of the order.
  2. Prices
    1. Supplier’s calculated prices apply. In case that in the course of fulfillment of the order the duly defined price of the material and/or of the manpower has changed, the sale price shall be modified accordingly, although it may have been agreed. In the event the goods/services are ordered in favor of a third party and the client is acting as an agent, the contract shall be concluded with the client/agent who places the order in his own name but in favor of the third person. Supplier’s prices include the relevant unit prices and the statutory VAT.
    2. Additional modifications made upon client’s request submitted in writing, which lead to delays due to these modifications, shall result in including the cost of delay in the unit price on account of the client.
    3. Sketches, drawings and test adjustments, test printing, first corrections, modifications to the date of delivery of goods or services, and other preparatory activities performed upon client's request shall be charged to the client.
  3. Payment conditions
    1. The client may achieve payments by bank transfer, with credit card or through debit advice procedure. Each invoiced amount is subject to payment within 14 days after reception of the invoice. All rebates are calculated based on the value of the deal excluding the transport, insurance and postal expenses. The amount due shall be specified at the time of delivery, at first partial delivery or when the whole order is ready.
      Bills shall be accepted only upon special arrangement and they shall be covered without rebate. All interest and charges shall be on client’s account. The client shall pay them without delay. The Supplier may not be held liable for timely submittal, protest, notification or return of any refused order except in case he has shown obvious negligence or has not acted as good merchant.
    2. The Supplier may request down payment for orders that involve extensive preparation.
    3. In case there is reasonable doubt about client’s solvability, the Supplier has the right to request payment in advance or to detain the manufactured goods and suspend the fulfillment of unfinished orders.
  4. Delivery
    1. In case the Supplier is not in charge of the delivery, the risk of damage or perishing of the goods shall be transferred upon the client at the time of loading of the goods on transport means, whether they are property of the ordering client or of a shipping organization, as well as upon issuing of the waybill and/or the handing over of the goods through mailing service after signing of the relevant document.
    2. Date of delivery shall be deemed the date explicitly confirmed by the Supplier. In case the manufacture contract is in written form, the date of delivery shall also be considered specified only if in written form.
    3. The Supplier shall be indebted to the client with penalty to the extent of 0.5% of the contractual value per week of delay in case he has guiltily or due to obvious negligence delayed the manufacturing and delivery of the goods but not more than 5% of the said value.
    4. Operative problems both at Supplier’s and client’s, such as strikes or protests, or force major circumstances, are sufficient grounds for cancellation of the contract in case the client can not or has no sound reason to wait. Otherwise, the delivery date shall be postponed by the time of expected delay. However, four weeks after the emergence of the said circumstances the contract may be considered void. In case the client, in contradiction with the above arrangements, repudiates of the contract, the client shall be indebted to the Supplier with the costs, the value of accomplished work and Supplier’s benefit at the time of such repudiation. In any case, the Supplier may not be held liable under the above circumstances.
    5. Under normal circumstances, the test print, the printing, manuscript, preparation materials, drafts and others that are submitted to the Supplier by the client shall be subject to detainment in case the contract is terminated due to client’s fault until all agreed amounts are paid, including penalty to be agreed case by case.
  5. Reserved rights
    1. All manufactured goods shall remain Supplier’s property until payment in full of the agreed price.
    2. All delivered goods shall remain Seller’s property until payment in full of all interest or penalties that may be due following payment delayed after the due date specified in the invoice issued to the client. The client shall dispose of the goods only after payment of all due amounts. However, the client may cancel all future purchase from the Supplier.
  6. Claims and warranties
    1. In case of acceptance or reception of all delivered goods or provided services, especially concerning primary or intermediate products sent for review, the client shall immediately check the sent items and send his remarks to the Supplier. Claims for hidden faults shall be place immediately after they are discovered.
    2. In case that it is established that a fault is the responsibility of the Supplier, the Supplier may repair the fault or replace the product at his own discretion. If the client refuses the repair or replacement without sound reason, he shall be indebted with double down payment. The provisions of item VII (Roman seven) of these General terms and conditions shall apply exclusively to claims for damages.
    3. Insignificant increase of the value or the efficiency of the supplies or services shall not lead only for that reason to claims for material damage. Faults in part of the work shall not entitle the client to placing claims for the whole scope of the order even though the faulty party may be of crucial importance to the client.
    4. For deviations from the agreed appearance or the processing of the materials the Supplier shall be liable only to the extent of the contractual value.
    5. The Supplier has no obligation to check the items (including media or transferred information) supplied by the client or by third party on behalf of the client. This provision does not apply to obvious, irreparable or illegible data.
    6. Before the date of transfer, the client must order software for protection of intellectual property and their protection against viruses. The responsibility for the safety of information is vested solely in the client. The Supplier has the right to make copies.
    7. No claims can be placed for delivery of quantities less than the specified minimum of 10% of the originally ordered copies. In case the buyer refuses to receive the entire agreed quantity, he shall pay proportionally for the delivered part thereof.
    8. The client may not place claims for faults later than six months after the delivery of the goods or rendering of services.
  7. Compensation for damages/limited liability
    1. The Supplier may not be held liable unless proved guilty or in case of obvious negligence. He shall be liable for small faults due to negligence only if substantial provisions of the contract resulting from the kind of contract are infringed upon or if their infringement may endanger the fulfillment of the scope of the contract. In all other cases, the client may claim compensation on legal grounds.
    2. The client may address to the court in case that, four months after placing claims for damages caused by the Supplier, the Supplier has not undertaken all appropriated or agreed steps for accurate, correct and in the spirit of mutual understanding elimination of the damage. This provision applies to cases when the state has not initiated an investigation of the caused damage for any crime that may be committed by the Supplier. In the latter case, the client may file a civil claim within the penal proceedings.
  8. Protection of information
    • All personal information that is to be used shall remain confidential. Information that is required for business purposes shall be appropriately stored and registered appropriately in the orders placed with connected companies subcontractors. The data shall be used only for acquisition of information concerning the business and credit rating of the buyer.
  9. Storage of archives
    • When the finished product is handed over to the client, copies of materials and information belonging to the client shall be kept in Supplier’s archive only upon additional agreement for a time and price of this service, apart from the manufacturing contract.
  10. Business rights and copyright
    • The client is exclusively liable for infringement upon the rights of a third party in the course of manufacturing. The client may not refer to joint liability with the Supplier.
  11. Amendments
    1. The Supplier may modify at any time the conditions of use of the offer with consideration to the scope of the contract. The Supplier shall immediately notify the client of the reasons for such modifications. If the client does not oppose to the modified conditions in writing, they shall be deemed accepted.
    2. Each update of these general terms and conditions shall supersede the older version.
  12. Competent court and jurisdiction, applicable law
    1. For the purposes of this contract under general terms and conditions, the parties hereto agree to abide by the jurisdiction of the court and the law of the state where this contract is implemented.
    2. To all matters that are not settled within this contract under general terms the provisions and practices of the international private law shall apply.
  13. Whoever, after reading these terms and conditions, uses the button "I agree to these terms and conditions that I have read" shall be considered as interested and placing an order for manufacturing according to the offer published by the Supplier.