Contract terms - Klaasmerk

AS Klaasmerk 1 January 2014

Annex No. 1

GENERAL TERMS OF CONTRACT FOR SERVICES

I GENERAL PROVISIONS
1.1 The work budget contained in the offer submitted by the contractor to the customer shall not be binding to the contractor, if, upon taking measurements, the contractor discovers a need to change the dimensions and design specified in the offer and to carry out additional work. For any increase or decrease in the cost of the work due to such changes, the contractor shall seek approval from the customer.
1.2 If the customer does not approve a change in the cost of the work, the customer shall compensate the contractor for any expenses of the latter already incurred (e.g., measurements on site, pre-ordered materials, etc.).
1.3The work shall be paid for in installments. The customer shall pay an advance of up to 50% of the cost of the work within 3 (three) business days after entry into the contract. The size and deadline for payment of the remaining instalments shall be agreed upon in the contract, and the final instalment shall be paid within 7 (seven) business days after acceptance of the completed work. Payment shall be based on this contract. If necessary, the contractor shall submit an invoice to the customer upon delivery of the work.
1.4 Installation and finishing services are provided and windows are issued on business days between 8:00 and 16:30; additional information is available by phone at 6599 250.
1.5 The contractor shall retain the right of ownership of the product(s) until payment of the final instalment.
1.6 Upon completion of the work, the parties shall draw up an instrument of delivery and receipt or a delivery note.
1.7 If the contract requires that the customer pick up the product(s) themselves, and if the customer has failed to do so within 7 (seven) calendar days after completion of the product, the contractor shall have the right to sell the product after notification of the customer thereof. The contractor shall be entitled to deduct the costs related to the sale of the product(s) from the sum received from the sale, and the remaining sum shall be paid to the customer. If the price of the product(s) has yet been paid in full by the customer, the unpaid sum shall also be deducted from the sum to be paid to the customer.

II LIABILITY

2.1 If the customer violates a contractual deadline for payment for the work, the customer shall pay the contractor a penalty for delay of 0.1% of the sum in delay for each day of delay for the first 10 (ten) days in delay, and 0.5% of the sum in delay for each day of delay starting from the 11th (eleventh) day in delay, but no more than 10% of the value of the contract.
2.2 If the customer fails to pay the contractual advance on time, fails to provide access to the site for the provision of installation or finishing services, or causes another obstruction to completing the work, the parties shall agree upon a new deadline for completing the work.
2.3 If the contractor violates a contractual deadline for completion of the work, the contractor shall pay the customer a penalty for delay of 0.1% of the cost of the work in delay (excluding VAT) for each day of delay, except in the cases described in clause 2.2, but not more than 10% of the value of the contract.

III SUBMISSION OF COMPLAINTS

3.1 The contractor shall be liable for any non-conformity to the terms of the contract of the work that exists at the time of delivery of the work to the customer. It shall be presumed that any non-conformity which becomes apparent within 6 (six) months of the day of delivery of the work to the customer already existed at the time of delivery, unless this is conflicts with the nature of the work or non-conformity.
3.2 The customer shall notify the contractor of the non-conformity to the terms of the contract of the work within 2 (two) months after the customer has become or should have become aware of the non-conformity. If the customer fails to notify the contractor of the non-conformity of the work within the aforementioned time, the customer shall lose the right to submit claims about the non-conformity of the work.
3.3 If the work does not conform to the terms of the contract, the customer may request that the contractor remedy the lack of conformity or produce a new work, if this does not cause unreasonable costs or unreasonable inconvenience to the contractor, taking into account, inter alia, the value of the thing and the significance of the lack of conformity.
3.4 If the contractor produces a new work that conforms to the terms of the contract to replace the non-conforming work, the contractor shall have the right to request that the non-conforming work be returned.
3.5 The contractor shall remedy the non-conformity of the work or produce a new work at their own expense within 1 (one) month after receipt of the corresponding claim from the customer.
3.6 If the contractor remedies the non-conformity of the work or produces a new work, or if the customer refuses unjustifiably to accept the contractor’s proposal to remedy the non-conformity or produce a new work, the customer shall pay the contractor the full sum payable for the work.

IV CANCELLATION AND WITHDRAWAL FROM THE CONTRACT

4.1 If the customer fails to pay the contractual advance on time or causes another obstruction to completing the work, the contractor shall have the right to cancel the contract without notice. In such a case, the contractor shall be entitled to demand payment of the value of the completed amount of the work, and compensation for related costs not reflected in the value.

Contractor: _________________ I have read and understood the general terms of the contract for services:__________________________________

/signature/

4.2 If completion of the work according to the instructions or orders given by the customer is impossible or would reduce the quality of the work or result in the non-conformity of the products and/or services to applicable technical conditions or production or construction standards, the contractor shall have the right to cancel the contract. In such a case, the contractor shall be entitled to demand payment of the value of the completed amount of the work, and compensation for related costs not reflected in the value.
4.3 The customer shall have the right to cancel the contract at any time. In such a case, the contractor shall be entitled to demand payment of the agreed upon sum, minus the amount saved by the contractor due to the cancellation of the contract or the amount acquired by the contractor through the reassignment of the contractor’s labour or the amount that the contractor could thereby have reasonably acquired.
4.4 If the contractor substantially exceeds the non-binding budget included in the initial offer, the customer shall have the right to cancel the contract. This right of the customer to cancel the contract shall exist for 3 (three) business days after receipt of notice from the contractor about the substantial exceeding of the budget.
4.5 If the customer has requested that the contractor remedy a non-conformity of the work or produce a new work and this is impossible or the contractor is unsuccessful in doing so, unreasonably refuses to do so, or fails to do so within 1 (one) month after being notified of the non-conformity of the work, the customer shall have the right to withdraw from the contract.

V WARRANTY AND USER GUIDE

5.1 Unless indicated otherwise in the contract, windows are granted a warranty of 2 (two) years in accordance with the Law of Obligations Act. The warranty period shall begin upon transfer of the product to the buyer (acceptance of the complete work by the buyer). Repairing of the product during the warranty period shall not extend the original warranty period. Window quality shall be assessed on the basis of the product manufacturing guide and warranty document compiled by SCHÜCO International KG as well as the architectural glass and IGU element quality assessment guidelines approved by the IGU manufacturer.

5.2 The warranty shall cover:

the chemical resistance, colour-fastness, and light- and weatherproofness of the PVC material;
the weatherproofness of the window seals;
the functionality of the fittings (e.g., handles, hinges, locks);
the non-breakage of the window corner welds;
the watertightness of the window;
the impermeability to dust and moisture of the insulating glass unit;
it shall be valid only if the window is used and maintained as intended (in accordance with the user and maintenance guide), and
if the warrantee can provide proof of purchase.
5.3 The warranty shall not cover:
surface defects (e.g., scratches, dents) in the window materials, if they are caused after
the transfer of the product to the buyer (customer);
damage caused by non-compliance with the user and maintenance guide for the plastic windows;
vandalism and other types of physical violence;
cracking and breakage of insulating glass units;
window and insulating glass unit surface defects (other defects) that are not visible in normal (natural) lighting conditions at a distance of 2 metres
when viewed from an angle of 90 degrees (looking directly at the glass).
5.4 AS KLAASMERK shall not be liable for heat losses and non-conformities of windows caused by unauthorised removal of installation anchors or installation wedges during general construction work.
5.5 The product user and maintenance guide is available at HYPERLINK “http://www.klaasmerk.ee” klaasmerk.eeand serves as Annex 3 to this contract for services.
5.6 All discovered defects must be reported to the window manufacturer in writing. For all warranty- and quality-related matters, please contact AS Klaasmerk’s sales department or call 6599250.

VI FINAL PROVISIONS

6.1 This contract shall enter into force on the date of signing and shall be valid until delivery of the work to the customer.
6.2 All notices under this contract must be submitted to the other party in writing in a reproducible format.
6.3 The contract may be terminated prematurely or amended only by written agreement of the parties, except in the cases provided for in the contract.
6.4 In matters not regulated by the contract, the parties shall be guided by the legislation of the Republic of Estonia.
6.5 Disputes arising from this contract shall be settled in Harju County Court on the basis of the legislation in force in the Republic of Estonia.
6.6 This contract is drawn up in two copies, one for each party.

Contractor: _________________ I have read and understood the general terms of the contract for services:__________________________________

/name, signature, date/