General Terms & Conditions

PAYMENT

1.1. The payment terms contained in the offer and/or the order confirmation, and/or the proforma invoice, and/or the invoice, and/or the signed contract shall apply to the payment of the purchase price.
1.2. Payments shall be considered made only to the extent that the seller has the invoiced amount at its disposal in a commercial bank within the country.
1.3. If the buyer delays the payment of an obligation by more than 1 week past the due date, all claims of the seller arising from the commercial relationship with the buyer shall become immediately due.
1.4. For late payment, interest for delay shall be paid at a rate of 10% above the annual interest rate established by the Bulgarian National Bank (BNB) based on the invoice value and/or collection costs, while the right to other claims is reserved.
1.5. If the buyer fails to settle the payment for one delivery, or for another purchase, the seller is not obliged to make further deliveries. In the case of contracts for partial or gradual deliveries, the seller also has the right to require advance payments for upcoming deliveries.
1.6. The seller has the rights according to points 1.3 and 1.5 also when reasonable doubts arise regarding the solvency of the buyer.
1.7. The buyer's right to offset their obligations is permissible only for a counter-claim that is in legal dependence with the seller's obligation, which has been judicially established or recognized by the seller.
1.8. If the agreed currency is not the Euro and the exchange rate of the agreed currency differs by more than 3% from the Euro rate on the date the contract was concluded, the seller and the buyer have the right to withdraw from that part of the contract for which deliveries have not yet been made.
1.9. If the seller suffers exchange rate losses due to late payment, the buyer must compensate for this loss.
1.10. In the event of a change increasing the fixed exchange rate of the Euro to the Bulgarian Lev (1 EUR for 1.95583 BGN) between the invoice date and the payment date of said invoice, the buyer must compensate the seller for the difference between the fixed rate and the central rate of the BNB on the day of payment.

TRANSFER OF OWNERSHIP, PASSING OF RISK OF LOSS OR DAMAGE, AND GUARANTEES FOR DEFERRED PAYMENT

2.1. The seller retains ownership of the goods until the moment of full payment by the buyer.
2.2. The risk of loss or damage to the goods passes from the seller to the buyer upon delivery of the goods, according to the delivery terms.
2.3. In the event that the seller and the buyer agree on deferred payment, the seller reserves the right to request that the buyer issues a promissory note in their favor, without protest (without costs), maturing at the final payment deadline as agreed, and for an amount equal to the obligation. For deferred payments with two or more installments, a corresponding number of promissory notes shall be issued according to the maturities. The promissory notes are issued by the buyer upon reaching an agreement for deferred payment. In case of non-payment on the due date, the seller, based on the respective promissory note, may obtain an enforcement order through the relevant procedure and direct execution towards the assets of the defaulting buyer.

COMPLAINTS

3.1. Complaints are permissible only in the event that the delivered goods significantly deviate from the technical specification previously discussed and provided to the client.
3.2. Transport damages and discrepancies in quantity must be reported by the buyer immediately upon receipt of the goods to the forwarder and in writing to the seller; otherwise, a complaint is excluded. Other complaints must be made in writing no later than seven days after receipt of the goods, accompanied by supporting documents, samples, packaging material, and/or pallets; otherwise, the complaint will not be accepted.
3.3. If the complaint is made late or if the complained goods have been processed in any form without the written consent of the seller, all claims shall be invalidated.
3.4. For timely and justified complaints, the seller has the right to choose between a reasonable price reduction or a replacement delivery.
3.5. The seller's liability is limited to direct damages. Any claims for compensation, regardless of the legal basis, are limited to the value of the invoiced defective goods, provided that the damage is clearly proven.
3.6. The seller shall not be liable when the buyer does not comply with the technical requirements and/or technical consultations during the processing of the goods.
3.7. The complained goods must be kept available to the seller in their full volume, in processed or unprocessed state.

PACKAGING MATERIAL

Packaging material will be treated according to the conditions specified in the offer, the order confirmation, and the proforma invoice.

PLACE OF PERFORMANCE AND JURISDICTION

5.1. If individual provisions of the contract or these General Terms and Conditions lose their legal validity, the remaining provisions remain unaffected.
5.2. The place of performance and jurisdiction for claims arising from the commercial relationship is Sofia, Republic of Bulgaria. The parties have the right to bring their claims before the Arbitration Court at the Bulgarian Chamber of Commerce and Industry (BCCI), in accordance with the Rules of the Arbitration Court, whereby the arbitration panel shall consist of three arbitrators, with each party choosing one, and the third being appointed by the arbitrators chosen by the parties.

IMMEDIATE SALES

6.1. For the purchase of goods that are available in the seller's warehouse and which the buyer pays for immediately, the usual commercial rules characteristic of such sales and these General Terms and Conditions apply. These General Terms and Conditions of Sale and Delivery are an integral part of every offer and every contract where Oqema EOOD is the seller of goods from its range. In case of contradictions between the clauses of an offer, an order, or a written contract concluded between the seller and a buyer, and these General Terms and Conditions of Sale and Delivery, the clauses of the General Terms and Conditions shall apply.