General terms

1. General conditions

1.1 These General Terms and Conditions are an integral part of the Agreement. Parties signing the main contract agree that the content of these conditions are obligatory for them.

1.2 Negotiation of additional terms other than the present and included in the main contract shall be done by a written annex signed by both parties.

2. The subject of delivery may be:

  • concretes;
  • cement coatings;
  • special products;
  • transport of final products;
  • a concrete and/or concrete pump service is only available for concrete and coatings purchased by the Vendor and at a price-list valid by the date of purchase confirmation.

3. How to submit your orders. Acceptance and performance of deliveries.

3.1 Ordering and planning of deliveries is made by the Purchaser by telephone, e-mail or personally.

3.2 The minimum deadlines for specific orders are as follows:

  • 3 days in advance for an order up to 1000 cubic meters;
  • for orders over 1000 cub. meters, for execution on Saturdays and Sundays and for ordering concrete and mixtures according to the Purchaser's recipes, the term is further agreed between the parties;
  • the Purchaser specifies the delivery schedule with the concrete plant controller;
  • when a change in the previously placed order is scheduled, the Purchaser is obligated to notify the Vendor at least 1 (one) day prior to the day of delivery;
  • exceptions are admissible for quantities up to 10% of the originally ordered;
  • refusal of the confirmed order can be made not later than the start of production. In case the Purchaser refuses the order later, he should pay the costs of liquidating (recycling) the concrete produced for the Purchaser and not taken by him.

3.3 The place of acceptance of the ordered is:

  • purchaser's construction site - for orders done by the Vendor;
  • concrete plant - for orders with transport provided by the Purchaser.

3.4 For each delivery of products and services, the Vendor issues a waybill - a document on the type and quantity of delivery.

3.5 Delivery is considered to be done when the delivery of the products to the place of acceptance by the Purchaser according to the order.

3.6 The Purchaser is obliged to make a written objection in the event of a discrepancy between the description in the waybill and the order. The objection must be made immediately - at the moment of receipt of the concrete and the expedition note. If the PURCHASER does not do so, it is considered that the description of the concrete in the waybill (type, class, quantity, etc.) corresponds to the application.

3.7 All Purchaser's drivers or workers are obliged to comply with the general and operating instructions on the Vendor's concrete site.

3.8 For delivering the concrete/coating to the place of the acceptance the Purchaser should provide conditions for unloading them by ensuring:

  • accessible and passable roads to the trucks, as well as a safe and convenient place to unload the of vehicles and mechanisms;
  • permissions for closing up the roads and/or sidewalks;
  • permission for entering of vehicles (at transport limitations);
  • conditions for observing of the labor safety technology;
  • to clean the vehicles in order to avoid pollution of roads. In case of environment pollution, the Purchaser should clean pollution over the asphalt road, of parts of the buildings, of the sites and of the water basins;
  • presence of an authorized person to accept of the concrete, its transport on the construction site territory, for unloading and storage.

4. Quality, claims

4.1 Concrete quality is established and controlled according to BDS EN 206:2013+A1:2016;

4.2 Upon request the Purchaser the Vendor provides a certificate for concrete plants.

4.3 The Vendor issues to the Purchaser a conformity declaration for in accordance with Ordinance on the essential requirements and conformity assessment of construction products. The Vendor shall provide the Purchaser with the strength test results in the form of a statement within 60 days after duly paid invoices for the same period.

4.4 Samples of fresh concrete to verify their properties are to be taken regularly at the Vendor's concrete plant according to BDS EN 206:2013+A1:2016.

4.5 If the Purchaser doubts the quality (strength) of the concrete mix, he should promptly notify the Vendor. Concrete samples at the place of its placement are taken at the Purchaser's request and at his expense, and sampling is performed only by an independent licensed laboratory. If the results of the laboratory test reveal a deficiency of the concrete, the Vendor is entitled to demand a second sampling and testing by an independent licensed laboratory approved by both parties to take concrete samples by a destructive or non-destructive method. In case the laboratory test show a defect established by the first laboratory, the Vendor is obliged to reinforce the compromised element on a designer's decision and a bill of quantities approved by both parties. Costs related to a reasonable claim are borne by the Vendor. Costs that follow from an unjustified claim are borne by the Purchaser.

4.6 The Vendor is not responsible for the quality:

  • in non-regular laying and/or treatment of the concrete (the coating) from the Purchaser’s party in intervention from the Vendor’s party in the concrete composition of (the coating) from the Vendor’s party, especially when the Purchaser has added water and/or chemical additives in the ready mixture;
  • in case of concrete production according to the Purchaser's formula;
  • in case the application deviates from the requirements of the Bulgarian or European standards;
  • in case if the PURCHASER uses the delivered concrete for a purpose other than that specified in the European Concrete Standard, incl. and the BDS EN 206:2013+A1:2016 environmental impact standard on concrete;

4.7 If the Purchaser finds no discrepancy between the stated amount of concrete and the delivered amount of concrete by the Vendor, Vendor is obliged to make an additional delivery to cover the discrepancy found.

5. Conditions of the prices and payments

5.1 All the prices of the supplies and other services, as well as the payment terms, are agreed between the Purchaser and the Vendor.

5.2 Unless otherwise agreed, the Purchaser's Pricelist prices valid on the day of confirmation of the order apply.

5.3 In the event of a change in the Price-list, the Vendor shall promptly notify the Purchaser by telephone, fax or e-mail.

5.4 The agreed rebates are only valid subject to the Vendor's compliance with the payment terms and are only applicable to the specific object for which the contract is signed. In case of non-adherence of the conditions the Purchaser pays the concrete, cement and service according to Vendor's price-list valid on the day of confirmation of the request or the parties negotiate new prices.

5.5 Goods and services delivered by the Vendor to the Purchaser in accordance with these General Terms and Conditions shall be paid in accordance with Art. 327, § 1 of the Commercial Law.

5.6 In the event that the Purchaser fails to pay the invoice in due time, he shall pay a delay compensation of 0,05 % of the unpaid amount for each day of delay, which is charged up to the sixtieth day after maturity. In the event that the delay lasts more than 60 (sixty) days, the delay indemnity that the Purchaser owes as of the 60th day after the maturity is 0.55% on the unpaid amount for each day of delay but no more of 50% of the overdue amount, after the above limit has been reached, the statutory interest is charged up to the final payment of the amount.

5.7 For delivery and service rendered, the Vendor issues the Purchaser an invoice. The same is sent to the Purchaser and is also valid if it is sent by post or e-mail without being signed by the Purchaser.

5.8 In the event that the Purchaser does not fulfill his obligations under these terms and conditions, the Vendor is entitled to:

  • to immediately cease the deliveries;
  • to terminate the contract without losing any of the rights deriving therefrom acquired until the moment of termination;
  • to require prepayment for subsequent supplies as a condition for their performance;
  • to unilaterally change all terms of delivery;

5.9 The Purchaser is entitled at any time to renounce
contract and to terminate the contract for one week
written notice to the Vendor. In this case, he is obliged to pay the Vendor the value of the quantities declared and delivered until the moment of withdrawal, together with the penalties under item 5.6 in so far as they are due at the time of the final payment.

6. Additional provisions

6.1 The Purchaser is informed that Vendor's claims under the Agreement may be subject to cession or factoring.

6.2 By signing under these General terms and / or under the main contract, the natural person representing the acquiring company is also obliged, in its capacity as a natural person, to be jointly and severally liable for the amounts owed by the company-purchaser under this contract.

6.3 The rights and obligations of the parties not governed by these General Terms and Conditions of Business and Payment or the Main Contract are governed by the relevant clauses of the Obligations and Contracts Act and the Commercial Law.

6.4 All disputes between the parties will be settled in a spirit of goodwill through negotiation, and when this is not possible, all disputes between the parties regarding the main contract or the present General Terms and Conditions of Business, including disputes of interpretation, invalidity, performance, termination, filling in gaps, adjusting to new circumstances will be settled by the Court of Arbitration at the Bulgarian Chamber of Commerce and Industry in Sofia City in accordance with its rules.