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General conditions for ordering spare parts
1. General provisions
1.1. The purpose of this agreement for the order of spare parts (hereinafter ‘Agreement’) is to regulate the legal relations created when the Seller orders the spare parts that are the subject-matter of this Agreement for the Customer.
1.2. The general terms and conditions of this Agreement belong to the special terms and conditions of the Agreement and are an integral part thereof.
1.3. The Customer confirms that they could examine the terms and conditions of the Agreement (including the general terms and conditions of the Agreement) before entry into the Agreement.
2. Rights and obligations of the parties
2.1. The rights and obligations of the parties listed in this part of the Agreement do not preclude or restrict any other rights and obligations of the parties that arise from other parts of the Agreement, such as annexes to the Agreement, other agreements and laws, unless explicitly otherwise provided in this part of the Agreement.
2.2. Rights and obligations of the Customer
2.2.1. The Customer undertakes to pay to the Seller for the spare parts ordered according to the procedure laid down in the Agreement. If the Customer delays proper payment of such charges, the Customer shall pay to the Seller a fine for delay of 0.5% of the outstanding amount per day. No fine for delay is calculated on fines for delay.
2.2.2. The Customer is entitled to receive information concerning the performance of the Agreement (except in the part covered by the Seller’s or third parties’ business secrets).
2.2.3. The Customer may demand that the Seller delivers the spare parts after the Customer has performed their obligations according to the procedure laid down in the Agreement.
2.2.4. The Customer may claim damages from the Seller due to the Seller’s intentional violation of the Agreement. The Customer has no right to claim loss of income from the Seller.
2.3. Rights and obligations of the Seller
2.3.1. The Seller has the right to demand that the charges payable for spare parts and other charges contemplated in the Agreement are paid according to the procedure laid down in the Agreement.
2.3.2. The Seller may, where relevant, demand from the Customer an advance payment of up to 50% (for expensive and rarely sold spare parts – up to 100%) of the cost of the spare parts ordered.
2.3.3. The Seller may orally give approximate price announcements; however, such announcements are not binding for the Seller and should be treated as preliminary information.
2.3.4. The Seller issues an invoice for the spare parts, accessories, materials ordered by the Customer and delivered by the Seller, and for other costs incurred by the order.
2.3.5. The Seller is required to deliver the spare parts to the Customer after the Customer has performed their obligations according to the procedure laid down in the Agreement.
2.3.6. The Seller may claim from the Customer a storage fee for spare parts stored in the possession of the Seller for the purpose of fulfilling the Agreement in the cases specified in clause 4.4 of the Agreement. The fee for the storage of spare parts is calculated up until the parts are delivered to the Customer. Withdrawal of any party from the Agreement does not affect the Customer’s obligation to pay to the Seller the fee for the storage of spare parts.
2.3.7. The Seller may claim damages from the Customer due to the Customer’s intentional violation of the Agreement. The Seller has no right to claim loss of income from the Customer.
2.3.8. The storage fee is calculated as from the 7th day after the issue of the invoice at a rate of 3% of the price of the stored spare part for each storage day.
2.3.9. The Seller may dispose of the spare parts ordered by the Customer if the Customer does not take away the spare parts within one month after the arrival of the parts, unless otherwise agreed. In such a case, the advance payment made by the Customer may be used to cover the costs incurred by the Seller and/or the storage fee.
2.3.10. The Seller is under no obligation to take back goods ordered/purchased from the Customer or refund money for same.
3. Advance payment
3.1. The Customer is required to pay to the Seller an amount specified in the Agreement as an advance payment. The payment of the advance is reflected in the order. If necessary, the Seller issues a separate invoice to the Customer regarding the advance payment.
3.2. The advance payment is payable to the Seller at the latest by the date specified in the Agreement or invoice. The Seller may suspend the performance of their obligations under the Agreement until the advance payment has been duly paid. Where the Seller has suspended the performance of their obligations under the Agreement on the grounds that the Customer delays payment of the advance, the Seller shall not be liable for the potential consequences of such a delay.
3.3. The charges for spare parts must have been fully received by the Seller before the parts are delivered to the Customer. The Seller may refuse to deliver spare parts to the Customer if the charges (incl. the storage fee) have not duly paid to the Seller. The Seller may enforce clause 2.3.4 of the Agreement, exercise the right of security or dispose of the spare parts as compensation for the claim and according to the procedure laid down in law.
3.4. If the Customer withdraws from the Agreement (except in the cases set forth in clause 4.3 below) or refuses to honour it without a good reason, the Seller shall retain the advance payment and the person who made the advance payment shall have no right of refund. The existence or lack of an advance payment or its amount do not affect the Seller’s right to claim damages from the Customer for the costs incurred and damages suffered by the Seller in performing the Agreement to the extent that such costs and damages are not covered by the Agreement.
3.5. In cases not covered by clause 3.4 of the Agreement, the Seller shall refund the advance payment to the person who paid it.
3.6. The Seller may demand that the Customer provides surety or a letter of guarantee to secure the performance of their obligations.
4. Delivery and receipt of spare parts
4.1. The Seller is required to order spare part and make their delivery possible within the time-frame specified in the Agreement.
4.2. The Seller may unilaterally extend the deadline for delivery of spare parts in case of extenuating circumstances. In order to extend the deadline, the Seller shall promptly notify the Customer after the occurrence of circumstances causing the extension. The extenuating circumstances that allow the extension of the deadline are deemed to be the following:
4.2.1. delays in receiving the spare parts, materials or accessories ordered;
4.2.2. other such circumstances that are beyond the control of the Seller.
4.3. If the Seller cannot deliver the spare parts by the extended deadline described in clause 4.2 of the Agreement, the Customer has the right to withdraw from the Agreement by giving notice about it to the Seller. The Customer forfeits entitlement to withdrawal from the Agreement on aforementioned grounds if the Seller notifies the Customer about readiness to deliver the spare parts before the Customer has notified the Seller about withdrawal from the Agreement.
4.4. The Customer is required to accept the spare parts by the initial deadline specified in the Agreement or by the deadline extended according to the procedure laid down in clause 4.2 or, in the case specified in the second sentence of clause 4.3 of the Agreement, within two weeks after receipt of confirmation from the Seller to the effect that the Seller is ready to deliver the spare parts.
4.5. If the Customer does not accept, without reasonable grounds, the spare parts by the deadline laid down in clause 4.4 of the Agreement, the Seller shall grant to the Customer an additional deadline to accept the parts, which shall be not less than two weeks. In such a case, the Seller may invoke clause 2.3.6 of the Agreement.
4.6. The Seller undertakes to deliver the spare parts to the Customer at the location of the Seller, unless otherwise agreed by the parties.
4.7. The Customer or their representative is required to identify themselves with a current document when receiving the spare parts, in a way acceptable to the Seller.
4.8. The legal representative of the Customer is required, when receiving the spare parts, to present to the Seller, in addition to the requirement of clause 4.7, the original of the document proving their right of representation.
4.9. The authorised representative of the Customer may receive the spare parts only if the Customer or their legal representative has personally formalised an authorisation letter to the authorised representative in advance and at the location of the Seller, which is accepted by the Customer. The authorisation letter must not grant delegation rights to the authorised representative. Such an authorisation letter is retained by the Seller and the right of representation created by it is deemed valid in respect of the Seller until revoked by the Customer with a notification sent to the Seller.
4.10. If the documents presented to the Seller do not comply with requirements or if there are reasonable suspicions regarding the identity of the Customer or their representative or where there are two persons representing the Customer who both demand the delivery of the spare parts, or in other similar cases, the Seller may refuse to deliver the spare parts to protect the Customer.
4.11. In cases specified in clause 4.10 of the Agreement, the Seller is required to substantiate the refusal to deliver the parts and, after clarification of the situation, give a new deadline to deliver the spare parts. The provisions of this Agreement apply to the new deadline for the delivery of the spare parts.
4.12. In case of a refusal to deliver spare parts described in clause 4.11 of the Agreement, the Seller is not liable for the potential consequences of the refusal if, given all the circumstances as at the moment of refusal to deliver the spare parts and in the interests of security, such refusal seemed to be reasonably substantiated.
5.1. The spare parts installed in official dealerships of the manufacturer’s brand enjoy a warranty according to the general warranty conditions of the manufacturer.
5.2. The Seller undertakes to remedy at their own cost all defects caused by inferior service, inferior-quality spare parts or materials during the warranty period.
5.3. The Seller is not liable for defects caused by the Customer. The warranty does not apply to normal wear and tear, or to spare parts bought by the Customer over the counter if they have been installed or attempted to be installed elsewhere than an official dealership of the manufacturer’s brand. Information about the official dealerships of the manufacturer is available on the Web page of the relevant brand.
6. Procedure of submitting claims and settling disputes
6.1. This part of the Agreement applies to all claims of the Customer.
6.2. The Customer may, if spare parts do not comply with the terms and conditions of the Agreement, submit a claim to the Seller within the time-limits and according to the procedure laid down in law.
6.3. Claims are to be submitted in writing, addressed to the Seller as specified in the Agreement. The Seller may disregard a claim that does not comply with the requirements laid down in law.
6.4. The Customer is required to compensate the Seller for any damages caused by an unfounded claim.
6.5. In processing and resolving claims, the Seller must adhere to the deadlines and procedure prescribed by law and ensure the protection of the lawful rights of the Customer.
6.6. Any disputes arising under the Agreement are settled by negotiations between the parties.
6.7. If no agreement is reached, the dispute shall be referred to the Court of Arbitration of the Estonian Chamber of Commerce and Industry. Where the Customer is a consumer, they may apply to a court of their residence, if they so want.
7.1. Any notices with legal effects (applications, proposals, statements, etc.) sent by parties must be made in writing. Such written notices are deemed received if delivered to a postal office, addressed to the other party as specified in the Agreement, and three (3) days have elapsed since delivery to the office.
7.2. Notices for information purposes only that do not have legal effects may be given orally.
8. Force majeure
8.1. Where the Agreement is not performed due to force majeure, it is considered excusable provided that measures are taken to perform the Agreement.
8.2. Force majeure is understood as any unforeseeable event beyond the control of the parties, including but not limited to fire, explosion, natural disaster, war, decisions of public authorities, embargo, strike, civil disturbance.
8.3. Clause 8.1 of the Agreement does not release the parties from making efforts to remove the reasons specified in clause 8.2 of the Agreement, and parties must carry on performing their contractual obligations as soon as the obstacles are removed.
8.4. Force majeure extends the deadlines set forth in the Agreement by the period during which the performance of the Agreement was suspended due to aforementioned factors.
9. Interpretation of the Agreement
9.1. In case of a discrepancy between the general and special terms and conditions of the Agreement, both sets of terms and conditions are interpreted so that both sets of terms and conditions remain in force, if possible. If such interpretation is not possible, the Agreement is to be interpreted so that especially the special terms and conditions would remain in force.
9.2. Any exchange of signed letters between the parties has relevance only for the purpose of interpreting the Agreement, considering the provisions of the Agreement.
10. Entry into force, validity, amendment and termination of the Agreement
10.1. The Agreement enters into force at the moment it is signed and remains valid until all obligations laid down in it have been performed, except in cases prescribed by the Agreement and law.
10.2. The Customer may cancel the Agreement at any time without giving reasons. Where the Customer has cancelled the Agreement, the Seller still retains the right to claim the remuneration agreed according to the procedure laid down in law.
10.3. Termination of the Agreement does not affect the rights and obligations of the parties created before the termination.
10.4. The parties may amend the Agreement only in the written form. Amendments enter into force after they are signed by both parties.