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General Contract Terms of Dunapack Rodina JSC

The recent general conditions specified in each agreement of Dunapack Rodina JSC are applicable in all commercial relations between Dunapack Rodina JSC and the Customer to the extend that they are not in a contradiction with any special terms of a frame agreement for sale-trade of corrugated packaging products.
The tangible terms for measures, quantities, prices and delivery are subjects of agreement within the separate orders, their confirmation and the delivery terms.

 

1.DESIGN AND ELABORATION OF CORRUGATED BOARD PRODUCTS

1.1. Dunapack Rodina JSC performs design and elaboration of corrugated board products based on written assignment by the customer.

1.2. Each stage of the process of design and elaboration of corrugated board products shall be agreed and confirmed by the customer in written. Corrugated board products are developed and manufactured in accordance with the Technical specifications of Dunapack Rodina JSC.

1.3. The dimensioning of the corrugated board products (length, width, height) is carried out in relation to the flute direction, according to the Appendix 1 of the General contract terms of Dunapack Rodina JSC.

1.4. Acceptance of a production order is made on the basis of a quotation and written order confirmation by the customer.

2. QUALITY

2.1. The quality of the corrugated packaging products is according to approved standards of Dunapack Rodina JSC, bilateral signed technical specifications and/or bilateral coordinated and signed samples.

2.2. Dunapack Rodina JSC guarantees for the quality parameters of its products for six months from the date of production.

2.3. Produced by Dunapack Rodina JSC corrugated board is in full  compliance with the requirements of  European Parliament and Council Directive 94/62/EC on Packaging and Packaging waste. Corrugated board packaging are transport packaging. They are not intended for direct food contact, but could be used safely for food packaging under certain conditions.

2.4. When ordering a product with a Pantone color, to be printed on a brown paper and if the result printing is with deviation, greater than 3 units measured by Spectrophotometer, the result color is submitted to the Customer for coordination and confirmation before manufacturing the product.

3. PRODUCTION AND DELIVERY

3.1. The minimum fixed time for production and shipment is up to 7 working days from the date of the order, in cases when is not necessary the preparing of tools (design, plates and die-cutting tools).
3.2. In cases, when the Customer requires a shorter production term, by written confirmation for possibility of execution, Dunapack Rodina JSC charges additionally 5% to the price of the relevant packaging, which will be indicated in the order confirmation.
3.3. The tolerance of deviation in the quantities of order, production and delivery is ± 5%.
3.4. The time and the place of delivery, the means of transportation and transfer of risk are agreed and indicated in the order and the order confirmation complying with the standards of INCOTERMS.
3.5. The property right is transferred to the Customer by full payment of the goods.
3.6. In cases, no other conditions have been agreed upon Dunapack Rodina JSC utilizes EUR pallets for transportation. The height of the pallets with goods ( depending on the product) can be 120-220 cm. the pallets will be invoiced to the Customer. If the Customer returns pallets by the end of the second month after the invoice or dispatch sheet, undamaged and fit for use, it Dunapack- Rodina issue a credit note to the value of actually returned pallets.

3.7.Ready goods – DAP: Additional loading information /if any/ is to be sent by the Customers till 12pm of the day before the date of delivery.

3.8.In cases when ready goods – EXW are still on stock within 5 /five/ working days after the confirmed date of expedition, Dunapack-Rodina JSC plans the dispatch to the Customer’s warehouse, with a single prior notice. Transportation costs are to be additionally calculated according to the current market prices.

3.9. For pre-agreed warehouse quantities with exceeded more than 30 days warehousing terms: Transportation costs /in EXW cases/ are to be additionally calculated according to the current market prices.

3.10. The Customer has the right to cancel the order on condition that it is not put in execution. In this case he owes penalty in the amount of 10% from the price.

3.11. After Dunapack Rodina JSC has started the production of particular order the Customer does not have right to cancel its execution and has to pay the fixed price.

4. PRICES AND PAYMENT

4.1. Dunapack Rodina JSC has the right to change the contract prices unilateral, if the price of the basic and / or additional materials used for production of these goods ( corrugated packaging products ), has changed with more than 5%, as indicated in EUWID.
4.2. The term of payment of the produced goods is settled in every tangible order.
4.3. In case of exceeding the term of payment the Customer owes to Dunapack Rodina JSC a penalty at the rate of 0,1 % from the amount due for each overdue day.
4.4. By the deferred payment terms Dunapack Rodina JSC settles credit limit to the Customer. In case of exceeding the credit limit by the Customer, for delay of payment or new order, which execution and delivery will exceed the settled credit limit, Dunapack Rodina JSC has the right: to cancel the acceptance of new order; to stop the execution of the Customer's orders or to allow delivery of the already produced quantities only against payment of the amounts, exceeding the settled credit limit.

5. CLAIMS

5.1. By receiving of the goods the Customer is obliged to make an immediate quality and quantity check and if there is any discrepancy he has to inform Dunapack Rodina JSC in written form by fax or letter within 7 working days. After the expiring of this fixed term the rights upon the claim for discrepancy are lost.

5.2. The Customer is obliged to store the received goods in dry, airy and protected against direct sunlight premises. Dunapack Rodina JSC does not accept claims, when the produced goods have not been stored under the conditions mentioned above.

5.3. In case of quality and quantity discrepancies the Customer can be compensate only by preliminary written consent of Dunapack Rodina JSC.

5.4. In case of quantity discrepancy Dunapack Rodina JSC has the right to choose between additional delivery and return back of the part commensurate to the already paid price to the order. Discrepancy up to ± 5 % in the quantity will not be compensated.

5.5. Dunapack Rodina JSC is liable for quality discrepancies only on condition that quality parameters have been fixed preliminary, or by discrepancies toward the technical specification of the company. If quality discrepancies occur, which are not visible (hidden discrepancies ), the Customer is obliged to inform Dunapack Rodina JSC for his claim objections within 30 days from receiving of the goods, after this term the rights upon stated quality discrepancies are lost. Along with his objections the Customer is obliged to submit also the concomitant labels of the goods, which provide information for the back tracing as well as samples of the claimed products.

5.6. In case of quality discrepancy the Customer has to allow to Dunapack Rodina JSC to inspect the respective delivery on the spot. Dunapack Rodina JSC is obliged to inform the Customer for such intention in written form within 5 days after receiving of the written objection. In this case the Customer has to keep the discrepant goods and has no right to process or use them.

5.7. The way of settlement of the claim has to be agreed between the parties, for every tangible case , depending on the type and on the point of discrepancy. The additional delivery or the replacement has to be done compulsory within 10 days, after the date of the confirming of the claim, and the transport cost will be charged to the fault party.

5.8. In case that the claim is confirmed, excepting the agreement of the price rebate, the Customer has to return back the claimed production to Dunapack Rodina JSC within 15 calendar days from the notification for the confirmation of the claim.

6. OTHER CONDITIONS

6.1. All die - cutting tools and plates, prepared for tangible order and paid by the Customer are his property. Dunapack Rodina JSC accounts their production value separately and is obliged to keep the die - cutting tools and the plates 1 year, considering the last day of production, after this period has the right to use them, if the Customer does not attempt to take them back.

6.2. Dunapack Rodina JSC puts our logo on all of our products unless the Customer has explicitly opposed to this in written.

6.3. The parties cannot transfer to third parties the rights and obligations according to the present General Contract Terms, without preliminary written consent of the other party.

7. JURISDICTION

7.1. In the interpretation and the appliance of the General Contract Terms are valid INCOTERMS 2010 and the laws of Republic of Bulgaria, whilst the influence of the European commercial legislation is excluded.

7.2. Any dispute arising out of the present General Contract Terms shall be settled by the parties through negotiations or, if no settlement has been agreed upon, shall be referred to the jurisprudence and competence of the Arbitration court of the Bulgarian Chamber of Commerce, and the Bulgarian legislation shall be applicable.

APPENDIX 1