Terms and Conditions
GENERAL BUSINESS TERMS AND CONDITIONS
Konica Minolta Croatia – Business Solutions, d.o.o.
(Konica Minolta Hrvatska – poslovna rješenja, d.o.o.)
1. Subject matter
These general business terms and conditions (hereinafter: General Terms and Conditions) shall regulate the relations between the commercial company Konica Minolta Croatia – Business Solutions d.o.o., with a registered address of Horvatova 82, Zagreb; Entity (OIB) No: 31697259786 (hereinafter: Supplier) as one party, and the entity, body, company or corporation making purchase of the product (hereinafter: User) as the other party.
Special provisions differing from those of these General Terms and Conditions may be made by the Contracting Parties solely in writing. In cases where there are discrepancies between the Contract’s General Terms and Conditions and its special provisions, the special provisions shall have precedence.
For all mutual relations between the Supplier and the User, which are not specifically regulated by these General Terms and Conditions, all current regulations of the Republic of Croatia shall instead apply accordingly.
Current regulations of the Republic of Croatia shall apply for this Contract, and in cases where any of the Clauses of this Contract are deemed invalid by a competent court, whereby an amendment or removal of sections or the whole of such Clauses enable the Contract for the main part to remain valid, this Contract shall then continue to be valid by applying objective exclusions or amendments in accordance with the requirements that would enable the Contract to remain valid.
2. Definition of terms
User - refers to the entity, body or commercial company, whose name and address are stated in the Business Cooperation Contract.
Supplier - refers to Konica Minolta Croatia – Business Solutions, d.o.o.
Contracting Parties – the User and the Supplier
Product(s) - refers to the products listed in Article 1 of the Business Cooperation Contract
Business Cooperation Contract – refers to the contract that defines the cooperation for placing office equipment from the Konica Minolta/Develop range on the Croatian market – photocopy machines, laser printers, fax machines, additional equipment, supplies and parts, as well as device maintenance and technical support for users.
Force majeure
i. force majeure, explosion, flood, storm, fire or accident;
ii. war or threat of war, sabotage, uprising, civil strife or protests;
iii. laws, restrictions, provisions, bans or measures of any type that are of the competence of state, parliamentary or local authorities;
iv. import and export regulations or embargo;
v. strikes, work stoppages or other labour actions or business disputes (whether it involves the employees of the Company or of a third party);
vi. difficulties in acquiring raw materials, labour force, fuels, parts or devices;
vii. power outages or device faults.
In cases of force majeure, agreed performance time frames shall not apply for the entire duration of the force majeure and for the duration of the consequences thereof, which prevent the fulfilment of contractual obligations. The contracting party to have had the force majeure shall undertake all measures to rectify or reduce the consequences of the force majeure event, as well as minimise any possible damages that the other Contracting Party may endure due to the event, and shall inform the other Contracting Party of the event.
3. Calculation, issuing invoices, and the payment terms and conditions
The payment terms and conditions for the procurement of the Product are defined by the Business Cooperation Contract and Annex 1 to the Business Cooperation Contract concluded between the Supplier and the User. The User shall settle the entire calculated invoice amount by the payment due date stated on the invoice. If the User is late in paying an invoice, the Supplier shall be entitled to calculate a default interest based on current regulations of the Republic of Croatia.
All prices shall be given in Croatian kuna (HRK) without VAT, which shall be calculated according to current regulations of the Republic of Croatia
4. Change of details and notifications
The User shall notify the Supplier in writing of all changes to the personal or identification details stated in the Contract regarding status, identity and registered addresses immediately but no later than 7 (seven) days of the day that the change occurs.
If the User fails to notify the Supplier of a change to the personal or identification details stated in the Contract within the time frame stipulated by these General Terms and Conditions, the User agrees that deliveries to the User shall be deemed complete by delivery to the last address reported in writing by the User.
5. Sales
Products that may be purchased are marked with “eBIZ”, and specifications and the product’s cost are listed for each product. The purchase procedure shall be carried out according to the instructions given at www.e.biz.hr. A Product Sales Contract between the Buyer and the Seller shall be concluded at the time of order of the product.
6. Shipment
All dates stated for shipment of the Product are solely indicative in nature, and the Supplier shall not be responsible for any sort of delay in the shipment of the Product caused in any possible way. The shipment time shall not be of crucial importance unless the Supplier has otherwise given prior consent to this in writing. The Supplier may ship Products prior to the date stated for delivery if the User supplies reasonable notice of this.
7. Risk
The risk of damage or loss of the Product shall be borne by the User from the time of signing of the document confirming receipt of the product. By signing the document confirming the User’s receipt of the product, the User undertakes the obligation that immediately, but no later than five (5) days of the date of shipment, of reporting to the Supplier of any possible defects regarding the shipped product. The User shall send reports of any possible defects of a shipped product to the e-mail address: reklamacije@konicaminolta.hr.
8. Ownership
Regardless of the shipment and transfer of risk for Products, or of any other provision of these General Terms and Conditions, ownership of the Products shall not be transferred until the Supplier receives full payment at the full cost amount of the Product. Until the transfer of ownership is made, the User shall keep the Products separate from its own and of others’, store them appropriately, protect them, secure them, and mark them as owned by the Supplier.
9. Warranty
The Supplier shall warrant that the Products, at the time of shipment, match their descriptions, and that they will not be damaged, either physically or during assembly. All complaints about the quality or state of the Product, or its inconsistency with their description, must be provided to the Supplier immediately, but no later than five (5) days of the date of shipment. If the User fails to notify the Supplier of visible defects in accordance with the foregoing, the User shall not be entitled to a refund of the product.
For any product from the Company’s range, the User shall exercise its warranty rights according to the warranty conditions for the particular product as defined by the manufacturer.
10. Data confidentiality
The Contracting Parties shall keep this Contract and its content confidential, and shall not, without the prior written consent of the other contracting party, disclose to unauthorised persons or any third party information concerning or in relation to this Contract.
Furthermore, the contracting parties jointly agree that each contracting party shall keep as a trade secret and deem confidential all details and information that they are privy to about the business, internal structure or other topics related to the other contracting party or individuals employed by the same party or by their business partners.
Each contracting party shall familiarise and oblige all employees or other persons participating in the performance of this Contract of this obligation.
The obligation of keeping business secrets is permanent and shall remain in force after the expiry of this Contract.
The contracting party directly involved shall be liable for violations of the obligation of keeping business secrets and the sharing of confidential data by employees or third parties, who based on any legal basis are participating in the performance of this Contract.
Infringement of the above obligations by one of the contracting parties constitutes a justified cause for the termination of the contract by the other contracting party, along with the right to compensation for any damages incurred.
Data about the User may be gathered, processed, sent or otherwise used for the initiation, conduct, conclusion and support of the Contract concluded with the User. The User’s contact details may be used and/or processed for promotional purposes without the User’s consent, under the proviso that the promotion in question involves a product or service related to the products and/or services that the User purchased from the Supplier. The contact person for the User shall have the right to complain about the use of data gathered, and if the User exercises its rights to complain about this, the User must inform thereof to the Supplier in writing, where in such cases the data may no longer be used for promotional purposes. If the Supplier has the right to access the User’s information systems, this right will be exercised solely for maintenance purposes by the Supplier.
11. Right to privacy
The User’s personal details obtained via on-line purchasing shall be protected and stored permanently in accordance with the Croatian Personal Data Protection Act. The User’s personal details will be used solely for the purposes of concluding and executing the contract and services that are the subject matter of these general terms and conditions. Personal details may also be used for informing Buyers of product offers and other similar forms of communication. All data about users and buyers shall be strictly stored and accessible only to employees with authorised access, and to those who require these data for the performance of their jobs. Buyers have the authority at any time to request that their personal data be supplemented, amended or deleted, as well as to refuse the processing of their personal data for contact purposes.