General terms and conditions (GTC) of purchase Building Services Europe BV
Building Services comprices Building Services Europe BV and its subsidiaries.(Building Services Plovdiv Ltd).
The whole group hereafter is referred to as Building Services. These terms and conditions of purchase are applicable to all Building Services orders
and offers for delivery of goods and/or for providing services. Any exclusion of these terms is only possible after a mutual written
agreement by both parties which always should be referred to/mentioned on the purchase order and confirmation. In such an event the
actual terms are complementary to the agreement. In case of contradictions the following documents are of paramount importance; the
purchase order, the general terms and conditions, requested quotations and the accepted quotation. The supplier is required to take
notice of and to comply with the terms and conditions upon acceptance of purchase.
- Quotations and purchase orders
All quotations made to Building Services are non-binding. The offers are only binding to the supplier. Forecasts given to the supplier are only
an indication and never binding. Building Services purchase orders are only placed in writing by means of a standard purchase order form. The
purchase order form can be sent by post, fax or email. Verbal orders are never valid. The orders become binding once confirmed by
the supplier. Building Services can at any time revoke or cancel a purchase order as long as the supplier has not confirmed in writing, and
without being charged for any compensation or damage.
Unless as specifically defined the agreed purchase order price includes all costs such as: transport, administrative costs, packing
costs and delivery costs. If packing material or pallets remain property of the supplier, the supplier is responsible for the
collection of these materials. Any increases of price are only permissible with clear and previous authorization by Building Services.
An unilateral price increase by the supplier gives Building Services the right to legally cancel the order. Any prices communicated to
Building Services are considered to be valid for the period of 1 year unless otherwise agreed.
Deliveries of goods or services are to be done at the delivery address stated on the purchase order. The delivery terms are as
specified on the purchase order and according to the INCOTERMS 2000. The specified delivery date (goods at Building Services warehouse)
is mandatory and must be maintained Force Majeure is the only exception to this requirement. (14). If Building Services has not received
the goods/services on the requested date Building Services has the right to terminate the purchase order or to claim a 2% of the total
order amount compensation for each weekly delay and this without loss of the right to claim compensation for all proven losses/damage.
The supplier then is held to compensate all caused damage and loss of profit to Building Services. Each delivery of goods should be accompanied
by a dated dispatch note with following details:
- The supplier’s full name and address
- Purchase order number and date of Building Services purchase order
- Quantity of delivered units, weight and correct description
- Customs codification numbers (Intrastat)
- Packing quantity/number of parcels
- Reference: “Partial delivery” by incomplete deliveries.
- Any other requirements resulting from European norms and regulations
Extra delivered quantities can be refused and returned on the suppliers’ account. Building Services holds the right to return any goods
delivered without a dated dispatch note on account of and at risk of the supplier. All costs and expenses involved in such events
shall be charged to the supplier.
Deliveries are only accepted during week days from Monday till Thursday between 08.30 a.m. and 17.00 p.m. and on Friday between
08.30 a.m. and 12.00 p.m.
- Close down or alterations in production
If the supplier closes down production or products are altered (dimensions, characteristics, specifications) he is obliged to inform
Building Services as soon as possible beforehand. At the same time he will inform and advise Building Services on new products or replacement products.
Changes in packing or alterations in packing quantities as well as replacement of no longer produced articles are only permitted after
Building Services’s prior consent.
All delivery transactions and provision of services at Building Services locations by the suppliers’ personnel are always at the suppliers’
- Quality and acceptance
The supplier guarantees that all goods are ready for use and free of hidden and visible faults. The supplier also guarantees that all
goods and services delivered shall be accompanied by the legal required documentation. He declares that all supplied goods / services
are in full and total accordance with the purchase order and its supporting documentation and with all legal norms and regulations with
respect to quality, safety, environment and hygiene. The supplier also is held not to violate any proprietary rights of third parties.
Any violation of these requirements constitutes a “fault”.
Building Services has the right to examine and test the delivered goods/service for a period of a month. Any goods that fail such inspections
and/or tests Building Services has the choice for replacement by of the same sort or equivalent sort or repayment and compensation of all costs
and losses caused by the fault and determination of the purchase order by the supplier. A signed delivery note or similar document
does not relieve the supplier of his responsibilities towards the terms and conditions of purchase from Building Services nor can be held as
acceptance of the delivered goods/services.
The supplier is required to immediately repair or replace any defects for which written complaint has been filed within the warranty
period. All costs involved in such events are for the suppliers account. The supplier guarantees availability of products and spare
parts for a mutually agreed period starting on date of purchase. For repairs and replacements within the warranty period a new warranty
term will commence.
- Terms of payment
All invoices are made up on behalf of the company which placed the purchase order and in correct currency. For each order the supplier
will make up a separate invoice stating the purchase order number unless otherwise agreed. All invoices not in accordance with these
conditions invoices will not be registered. The invoice must apply to all legal norms and conditions and must contain following details:
- The suppliers full name, address and VAT number
- Building Services’s purchase order number
- Quantity of delivered units together with weight and correct description.
- Customs codification numbers of delivered articles
- Packing quantity/number of parcels
- Delivery note reference
- Reference: “Partial delivery” by incomplete deliveries
- Any other requirements resulting from European norms and regulations
Payments are made net by Building Services within 60 days from end of month of invoice date following acceptance of correct delivery of goods and
necessary documentation. The actual date of payment is considered the pay-date at our financial branch. The payment term commences upon
receipt of the order. If the delivery is incorrect or faulty, the payment term is legally postponed till completion of delivery or
acceptance of compensation by the supplier. Late payment interests are only accepted after Building Services has been officially declared in default
by the claimant in a legally proper and correct way.
- Property and risks
Building Services only assumes ownership of the goods/services when the purchase is fulfilled. As long as the goods/services are not delivered and
accepted by Building Services all risks for damage or whatever reason are totally for the responsibility of the supplier.
The supplier shall treat all information furnished by Building Services as confidential and shall not communicate all or part of same to third
parties except with specific written authority of Building Services unless such information is required directly for executing the obligations
of the purchase. In case of violating such secrecy/confidentiality rules Building Services reserves the right to terminate the order and claim
compensation for any damages arising from such a violation. Certain products lent by Building Services to the supplier remain the property of
Building Services and shall be returned upon completion of the order.
The supplier is responsible for all damage including damage to the company or loss of profit which Building Services and/or third parties,
including Building Services’s clients may incur due to shortcomings/failure by the supplier to fulfil its contractual obligations. The supplier
is responsible to adequately insure the financial consequences of its obligations.
- Proprietary Rights
The supplier guarantees that it possesses all rights, licenses and approvals necessary for fulfilling its obligations to supply the
goods and services. Propriety rights relevant to materials or documents given to the supplier as necessary for fulfilling the order
remain at all times the sole property of Building Services.
In the event that a supplier fails to fulfil one or more of its obligations due to bankruptcy, a legal judgment, liquidation or that
its assets are wholly or partially sequestered; Building Services has the right to regard every order (partly delivered or not) as terminated.
Building Services can claim any already made related payments in addition to its right to claim compensation for any resultant costs, damage
- Force majeure
The supplier is required to inform Building Services immediately of any circumstances, coincidences or other events beyond his control which
threaten the delivery or timely delivery of the goods or services. In such a situation Building Services has the choice to either cancel the
order and claim the already made payments or accept delays in delivery.
- Quality, safety and environment
It is mandatory by the delivery of (chemical) products, either new or a mixture to inform Building Services in detail and to ensure that such
products are correctly labelled and the necessary transport documents are available/attached.
The supplier may not transfer its responsibilities and rights arising from a purchase order to third parties without prior written
consent by Building Services. The supplier remains responsible for all actions or omissions by his subcontractors. The supplier must guarantee
that all laws and regulations in relation to protection of data base and privacy are observed.
Any agreement between Building Services and the supplier is subject to the jurisprudence of the country from which the order has been placed.
Any disputes arising from the interpretation or execution of any such an agreement shall be referred to the law courts of Building Services’s
branch legal address which are the only bodies empowered to legally resolve such disputes.