General terms and conditions for sale of goods by SIA “Black Stork Carpentry”

1. Definitions

1.1 Seller: LLC “Black Stork Carpentry”, any of its subsidiaries, or persons delegated to act on behalf of LLC “Black Stork Carpentry” or its subsidiaries.
1.2 Buyer: The person or entity that has entered into the Agreement with the Seller.
1.3 Agreement: any contract, agreement, understanding, sale, or commitment, whether written or oral between the Seller and Buyer.
1.4 Products: Any products sold or offered by the Seller.
1.5 Terms & Conditions: These Terms and conditions for sale of goods by SIA “Black Stork Carpentry”

2. Scope
2.1 These terms shall apply to all Agreements, offers, negotiations, and deliveries of the Seller.
2.2 The application or alteration of the Terms & Conditions or any of its provisions can be excluded only by an express statement. Such deviations or alterations of terms shall apply only if confirmed by both parties in writing.
2.3 If any of the provisions of the Terms & Conditions are ruled by a competent court to be inapplicable the remaining terms shall remain in force.

3. Orders
3.1 All offers made by Seller are valid for the term that is indicated in the offer. If the offer contains no term it is valid for 30 days.
3.2 The order is binding to the Seller only if the Buyer has placed a written order in accordance with a valid offer, and Seller has confirmed the respective order.
3.3 Any offers, price lists, e-mails, and any other written or verbal commitment are not binding unless confirmed by Seller in written form.
3.4 Any alteration of the order is to be considered as a new request for order.

4. Price
4.1 Unless stated otherwise all Product prices are indicated in EUR.
4.2 Unless stated otherwise the Product prices do not include VAT, import, or export duties, packing, transport, insurance, assembly, or installation costs.
4.3 Costs connected with transportation are specified separately.

5. Delivery and transfer of proprietary rights
5.1 Unless indicated otherwise the products are offered EXW(Ex Works) in accordance with (Incoterms 2020)
5.2 The delivery terms indicated by the Seller are approximate and are not to be interpreted as the final deadline.
5.3 Non-observance of delivery time by Seller does not enable Buyer to cancel the Agreement unless the delay exceeds 90 days. This will not result in any obligation on the part of the Seller to compensate the Buyer for any damages or costs

6. Acceptance and complaints
6.1 The Buyer is obliged to inspect the condition of the products and report to Seller any visible defects or damage in a reasonable time that does not exceed 30 days after delivery. The complaint must be submitted via e-mail and contain a clear description of the defects, as well as contain clear images of the damage or visible defect. If the Buyer has not submitted a complaint within the aforementioned timeframe, it shall be considered that the Product has been received undamaged.
6.2 If Seller accepts the complaint the Seller is only obliged to replace the Product. The Buyer is not entitled to a refund.
6.3 The seller will not accept any claims for damage or defects, that are caused by misuse, alteration, or improper assembly of the product.
6.4 Submission of complaint does not give the Buyer right to suspend other obligations.

7. Force majeure
7.1 The seller will not be considered to be in breach of its contractual obligations if non-performance of the obligations was caused by circumstances beyond the reasonable control of the Seller.

8. Termination
8.1 In case, if the Buyer fails to comply with any legal obligations that ensure from the Agreement, the Seller has right to defer the performance of the Agreement or terminate the Agreement. Such termination does not does not affect Sellers right to demand full payment of damages.

9. Intellectual property.
9.1 The intellectual property rights to, or in connection with the products sold by the Seller remain the property of the Seller, and are not transferred to the Buyer.
9.2 Unless discussed otherwise, the buyer may not:
9.2.1 use its connection with the Seller for marketing purposes
9.2.2 use any of the trade name, logotype, trade mark or any copyrighted content that is owned by the Seller

10. Applicable law
10.1 These terms and all offers, orders, or any other commitments made by Seller are governed by the laws of Latvia
10.2 Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled in the Latvian Chamber of Commerce and Industry Court of Arbitration in Riga in accordance with its Rules of Arbitration.