General terms and conditions


1. General

These general terms and conditions shall apply to the company's business conduct with all legal entities. When the buyer gives any order they specifically acknowledge the validity of these general business conditions. Any conditions or customer requirements that are contrary to the general business conditions may only be applied if they are so agreed in writing between the buyer and company DOM-TITAN d.d.

2. Receiving orders and prices

Orders must be submitted in written form, by letter, fax or e-mail to avoid errors in understanding of telephone orders. Until the company DOM-TITAN d.d. submitts a written offer, it shall be deemed that all prices stated by then, the conditions and the like, represent only the negotiations before the contract, which are non-binding. The prices provided in the published price lists are informative and non-binding. The only binding form is a written offer or a pro forma invoice and an order confirmation deriving thereof.

3. Delivery terms

The agreed delivery terms shall be considered only as approximate and non-binding and become valid only at the time when the goods are transported from the warehouse of DOM-TITAN d.d. Upon the occurrence of force majeure or any other unforeseen circumstances the company has the right to withdraw from the contract entirely or partially, or extend the delivery period for the duration of these circumstances.

4. Packing

Cartons are considered as part of the cost-price and are not accepted in return. Other packing materials (wooden  pallets, plastic pallets, metal and plastic containers, etc.) are our property and are charged at each delivery or should be returned.

5. Dispatch

The company is obliged to fulfil its obligation to deliver goods at the company headquarters (EXW warehouse of the Seller), except in the case of any other specific written arrangements. By handing over the goods to the buyer, shipper or its carrier, or by another mean of shipping the goods to the buyer, but no later than the time when the goods leave our company, or our warehouse the risk of accidental destruction or damage and the costs of the transport are transferred to the buyer. The Company may, at the special request expressed by the buyer and at their previous down-payment, arrange insurance against damage and loss of goods for the duration of transporting the goods.

6. Payment

The payment of invoices is subject to payment terms, as specified in a written offer, order confirmation, or pro forma invoice. If they are not specified, or otherwise agreed in writing, they are subject to the following conditions:

a)  Due date: Our accounts receivable are due within 8 days from the invoice date, net of deductions. In the case of a delayed payment, the annual interest rate is 12%. For each additional notice: 5 EUR + VAT costs will be charged.

b)  Discounts: For 100% advanced payment a discount can be agreed upon in the Terms and Conditions. Such a discount is conditioned by a prior settlement of all obligations of the buyer to the Company. Discounts are only recognized in the case when the buyer pays 100% advance payment on the basis of a pro forma invoice or an order confirmation and at least 10 days before the delivery or acquisition.

c)  Compensation: The payment of compensation requires a prior separate written agreement.

7. Sale subject to property rights

The Company reserves the property rights of the goods sold and delivered to the buyer, until final payment of the invoice value. Retention of property rights shall also be extended to the products resulting from processing, merger or any other alteration of supplies, which includes completely new products.

8. Exemption and limitation of damage liability

The Company is exempt from liability for damages in cases of ordinary negligence or in cases of breach of non-significant contractual obligations.

The Company's liability for damages is limited in cases of intentional misconduct or gross negligence of conduct in breach of essential contractual obligations up to the amount of foreseeable damages that are typical in such legal transactions.

It is considered that the provision also applies upon claims for reimbursement.

9. Complaints

Claims of quantity, quality or lack of packaging items can be submitted by the buyer within 8 days of receipt of goods and other conditions according to the Obligations Code. In the case of justified and recognized complaints, the buyer may require a repair or replacement of goods or a credit note for a price deduction, whereas the Company is given the right to choose among these options. Any claims made to the company after that time will not be taken into account.

Damage caused during the transport of goods should be immediately claimed upon the receipt of the goods and register it with the carrier by a mark in the consignment note and by immediately notifying the company in writing. All damages caused during the transport of goods should be claimed from the carrier or shipper in accordance with the fifth paragraph of these Terms and conditions.

10. Replacements

The company is required to perform the replacement delivery or provide a credit note issued only after a careful examination of the goods returned to the company and acceptance of responsibility for this mistake. For concluding the investigation, the buyer is obliged to return the claimed goods to the company. In urgent cases the Company may deliver the goods at the valid daily prices to the buyer and recognizes a credit in the case of confirmation of liability for compensation.

11. Settlement of disputes

Any disputes between the parties are subject to the competent court in Ljubljana.

12. No set-off

The buyer cannot set-off the claims of a prior contract with their opposing claims.