General Terms and Conditions of Sale
- Introduction
With these General Terms and Conditions, TRAC d.o.o. (hereinafter: the Contractor) and the Client agree on their mutual obligations, rights and duties for smooth and uninterrupted business operations. Unless otherwise agreed by acceptance of the offer, conclusion of a contract, or placement of an order, the Client confirms that they accept these General Terms and Conditions of Sale and agree to them in full.
- Communication Method
The Contractor and the Client shall communicate by mail, telephone, or e‑mail.
Any verbal agreement shall be binding on the Contractor only if it is mutually confirmed in writing.
- Scope and Validity of the Offer
The Contractor is bound by the offer until the expiry of the acceptance deadline. Unless otherwise specified in the offer, the validity of the offer is limited to sixty (60) days from the date of the offer.
If the Client requests changes to the terms of the offer, such changes shall be included in a new revision of the offer.
The offer shall be deemed accepted when the Client confirms it in full and when the Contractor has accepted such confirmation before the expiry of the acceptance period.
- Ordering Method
The Client may submit orders in writing by mail or to the e‑mail address orders@trac.si. The Client issues the order on the basis of a confirmed offer.
If the Client unilaterally withdraws from the order after it has been accepted by the Contractor, the Client shall reimburse all costs incurred by the Contractor in connection with the order up to the date of withdrawal.
If the Client wishes to change the work execution schedule and/or deadline, the Client must obtain the Contractor’s consent for such changes and reimburse the Contractor for all costs arising as a result of these changes.
- Delivery Terms
The delivery period begins on the day the Contractor confirms the order submitted by the Client, or on the day the Contractor receives payment into its business account, if so agreed. The Contractor is obliged to confirm the order within three (3) working days of receiving it.
Delivery is deemed completed when an authorised representative of the Client takes over the goods or completed services from the Contractor by signing the handover document. The handover documentation shall be reviewed and mutually signed by the authorised representatives of both the Contractor and the Client.
If the Contractor, through no fault of its own, is unable to perform the services or deliver the goods within the agreed deadline, the delivery period shall be extended for the duration of the impediment. The Contractor must notify the Client accordingly. In such cases, the Contractor does not assume and shall not bear responsibility for any resulting consequences.
- Transport, Packaging, and Waste Handling
Transport and the carrier shall be arranged by the Client, and by the Contractor only if so agreed.
The Client also bears the delivery costs for consignments of special dimensions.
The Contractor charges the Client for packaging at full value if such packaging is charged by the manufacturer and/or supplier.
The Client undertakes to handle waste packaging at its own expense by ensuring the sorting and storage of waste, as well as its removal to the final disposal site.
- Warranty
The Contractor guarantees the quality of the ordered goods and/or services.
The Contractor provides a twelve (12)‑month warranty for its goods and a twenty‑four (24)‑month warranty for its services.
For technical products, the warranty terms printed on the warranty certificates accompanying the product apply. The warranty period begins on the date of signature of the handover document.
The warranty period may be extended if agreed in the order.
- Complaints
The Contractor accepts complaints only if they are justified and if the Client notifies the Contractor in writing immediately upon discovering the defect; otherwise, the Client forfeits the right arising from this title.
The Contractor does not accept returns of technical products due to an error on the part of the Client, unless the return is approved to the Contractor by the supplier and/or manufacturer. In such a case, a credit note is issued, reduced by the amount of handling costs charged by the manufacturer. The Client also bears the delivery costs to the supplier and/or manufacturer.
Any physical damage to the goods resulting from impact, fall, lightning strike, improper packaging, etc., is not subject to complaint, unless the Client clearly proves that the goods were received in such condition upon signing the handover document. The Client likewise loses the right to file a complaint in cases of improper use, processing, or storage of the goods.
- Prices
Prices apply according to the offer and are exclusive of VAT unless otherwise stated.
- Payment Terms
All payments shall be made on the basis of issued invoices.
The payment term (due date) is stated on the invoice. In the event of exceeding the payment deadline, the Contractor reserves the right to charge statutory default interest and, in the event of non‑payment or non‑fulfilment of other obligations, to suspend the delivery of goods or the performance of services.
As a condition for deferred payment, the Contractor may require the Client to provide payment security (such as a bank guarantee, bill of exchange, etc.).
The Client shall accept or reject the invoice within a maximum of eight (8) days from the date of issue. If the invoice is not duly rejected in writing within eight (8) days, it shall be deemed accepted.
If the Client disputes part of the amount, the undisputed portion must be paid. The reason for disputing the amount must be explained in writing within the invoice acceptance period.
When making a payment, the Client must specify which invoices are being paid. If the Contractor does not receive such notice, the Contractor shall allocate payments to the Client’s obligations in the order of maturity.
- Additional Work
All work not listed in the scope of the offer shall be considered additional work.
The basis for carrying out additional work is a previously confirmed scope of works offer approved by the Client.
- Waiting Time and Interruptions
In cases where waiting occurs on site for the execution of works, and the reasons for such waiting are not attributable to the Contractor, the Contractor shall charge the actual waiting costs.
The Contractor is obliged to present the waiting hours and actual costs incurred to the Client for signature.
If the works are interrupted for more than two (2) days, the Contractor shall charge the actual interruption costs, including the costs of relocating the workforce and equipment to other worksites.
- Client Obligations
At the Contractor’s request, the Client shall enable an inspection of the construction site and/or facility during the preparation of the offer.
The Client shall provide all necessary documentation and technical explanations required for the preparation of the offer and for the execution of the works and deliveries.
In the event of deficiencies in the documentation, the Client shall ensure their timely correction.
The Client shall ensure unobstructed access, induction, and commencement of works on site.
The Client shall provide responsible contact personnel throughout the entire execution of the works.
The Client shall inform the Contractor’s workers of any hazards present at the site and of the necessary safety measures.
The Client shall provide all information and documents required by the Client’s national labour legislation for the Contractor’s employees performing work at the Client’s location.
- Insurance
The Contractor has insurance covering its liability for any damage that may be caused to the Client or third parties in connection with the performance of its activities, up to the amount specified in the valid insurance policy. Upon the Client’s request, the Contractor shall provide a copy of the insurance policy for information.
If additional requirements arise beyond the provisions of the Contractor’s valid insurance policy, the costs of obtaining such insurance shall be charged to the Client.
If the Client requires additional security instruments (such as bank guarantees, bills of exchange, etc.), the costs of obtaining such instruments shall likewise be charged to the Client.
- Retention of Title
All goods delivered or services performed shall remain the property of the Contractor until full payment has been made.
- Confidentiality
All information exchanged between the Client and the Contractor shall be treated as confidential and shall not be disclosed to third parties without the prior written consent of the other party.
- Final Provisions
The law of the Republic of Slovenia shall apply to these General Terms and Conditions of Sale.
The parties shall attempt to resolve any disputes amicably. If an amicable resolution is not possible, the court of jurisdiction for resolving disputes shall be the court in Novo mesto, Slovenia.
The Contractor reserves the right to amend these General Terms and Conditions of Sale.
The Client is obliged to monitor new versions of the General Terms and Conditions of Sale published on the Contractor’s website www.trac.si and to comply with them.