These delivery terms (hereinafter \"terms\") form an integral part of all Amari Metals O\u00dc's offers and contracts for the supply of goods. Any conditions presented by the buyer in the order or otherwise are valid only if Amari Metals O\u00dc accepts them in writing. Amari Metals O\u00dc confirms the buyer's orders with an order confirmation, and a contract is concluded only when the confirmation (hereinafter \"confirmation\") is issued.<\/p>\n\n\n\n
Unless otherwise specified in the offer, Amari Metals O\u00dc's offer is valid for 14 days from the date of issue. Amari Metals O\u00dc has the right to cancel the offer at its discretion before receiving confirmation from the buyer.<\/p>\n\n\n\n
If Amari Metals O\u00dc provides advice on material selection or offers any similar assistance, it does so free of charge and without any obligations, guarantees, or warranties, and Amari Metals O\u00dc has no compensation or indirect obligations for providing such advice or assistance.<\/p>\n\n\n\n
The goods must meet the specified technical conditions. If no technical conditions are agreed separately, the goods must comply with Amari Metals O\u00dc's general conditions at the time of delivery. Claims made in the manufacturer's product information, manuals, websites, price lists, or other materials related to the goods are binding on Amari Metals O\u00dc only if such statements are included in the offer or confirmation.<\/p>\n\n\n\n
The agreed delivery time is the date when the goods are ready for dispatch from Amari Metals O\u00dc's warehouse. Amari Metals O\u00dc reserves the right to deliver goods in batches. If no delivery time is agreed, delivery will take place according to the supplier's production plan. If delivery terms are not separately agreed upon, the delivery term is FCA (Incoterms 2000) at Amari Metals O\u00dc's warehouse in Tallinn.<\/p>\n\n\n\n
If delivery is delayed by more than eight weeks, the buyer's only remedy for compensation is the right to cancel the purchase of the delayed goods by notifying Amari Metals O\u00dc in writing.<\/p>\n\n\n\n
When the quantity of goods is determined based on weight, Amari Metals O\u00dc reserves the right to adjust the quantity delivered; deviations of up to 10% (+\/\u2013) of the total weight of the goods\/products\/steel range may occur, and the price will be adjusted accordingly. Amari Metals O\u00dc also reserves the right to adjust the agreed length of pipes and the agreed quantities of pipe fittings on the same basis. Until proven otherwise, the weight or quantity printed or otherwise indicated on the shipping note of the goods delivered by Amari Metals O\u00dc is considered correct.<\/p>\n\n\n\n
Amari Metals O\u00dc is not responsible for any direct or indirect losses or consequences arising from delivery delays, except in cases of gross negligence by Amari Metals O\u00dc.<\/p>\n\n\n\n
The delivered goods must be free from defects. Goods can only be considered defective if they do not meet the technical conditions outlined in section 4. Amari Metals O\u00dc's liability is limited to the above and does not extend to any potential claims regarding the functionality, quality, or properties of the goods, and this clause excludes any legal or other indirect conditions related to quality or fitness for use. Goods not described as belonging to a higher quality grade are sold \"as is,\" meaning the buyer waives any rights to claim damages or compensation unless the goods do not meet the agreed technical conditions.<\/p>\n\n\n\n
In case of defective goods or shortages, the buyer must notify Amari Metals O\u00dc in writing within one week after the goods reach the specified destination. In the case of defects that could not be discovered upon arrival at the specified destination for justifiable reasons, the buyer must notify Amari Metals O\u00dc in writing within two weeks from the date the defect was discovered. Notifications made later than one year after the transfer of risk to the buyer will have no legal consequences. If defects are reported late, Amari Metals O\u00dc is not obligated to pay compensation or grant a price reduction.<\/p>\n\n\n\n
If defects or shortages are discovered and the buyer has properly notified Amari Metals O\u00dc according to the above requirements, Amari Metals O\u00dc shall, at the supplier\/producer's expense and within a reasonable time, at its discretion, either rectify the defect or replace the goods with new, defect-free goods; in the case of shortages, Amari Metals O\u00dc will deliver the missing quantities to the specified destination. Defective goods will be handed over to Amari Metals O\u00dc at the same time as replacement goods are delivered.<\/p>\n\n\n\n
Instead of eliminating the defect or shortage, Amari Metals O\u00dc always has the right to credit the buyer for the reduction in the value of the goods corresponding to the defects or shortage by deducting the corresponding amount from the invoice total.<\/p>\n\n\n\n
The buyer is not entitled to demand additional compensation for the defect or shortage of the goods, beyond what is stated in these terms or the contract (as defined in section 10), except in cases of gross negligence by Amari Metals O\u00dc.<\/p>\n\n\n\n
Neither party is liable for any delay or failure to perform its obligations if the delay or failure is due to an obstacle beyond its control, such as war, terrorism, fire, explosion, flood, or other extreme weather conditions, extensive equipment failure, strike, lockout, or other labor disputes, trade disputes, refusal to issue licenses. Such delay or failure shall not constitute a breach of contract, and the affected party will be released from liability and from any contract-based claims related to these circumstances. The performance deadline shall be extended by the period during which performance was hindered. If such delay or failure lasts more than three months, either party has the right to terminate the contract for the goods not delivered to the buyer. In the event of termination, neither party is entitled to compensation, but any prepayments made for undelivered goods will be refunded, and goods not yet delivered will be returned.<\/p>\n\n\n\n
i) Amari Metals O\u00dc retains ownership of the delivered goods until the buyer has paid in full for them..
ii) In addition to the above, Amari Metals O\u00dc remains the owner of the delivered goods until the buyer has paid all amounts owed to Amari Metals O\u00dc.\n
iii) Until the transfer of ownership, Amari Metals O\u00dc has the right to reclaim the goods from the buyer's possession or control, and Amari Metals O\u00dc is granted the right to enter the property or premises where the goods are stored to remove them.\n
iv) If the buyer processes goods that have not yet been fully paid for into new products, the newly produced products will belong to Amari Metals O\u00dc to the extent of the value of the original materials until full payment for the original goods has been made.\n
v) If the buyer sells goods that have not been paid for or new products made from them, the buyer hereby assigns the rights to Amari Metals O\u00dc in proportion to the outstanding debt\/ value of the sold item.<\/p>\n\n\n\n
Unless otherwise agreed, the agreed prices do not include alloy surcharges, VAT, or other charges. If not otherwise agreed, the alloy surcharge is added on the date of shipment of each batch of goods. If Amari Metals O\u00dc is required to pay the buyer's VAT and related fines (e.g., if the buyer does not export goods or fails to submit the correct VAT code), the buyer must reimburse Amari Metals O\u00dc for these costs, plus the late fees as indicated below.<\/p>\n\n\n\n
Unless separate payment terms are agreed, the buyer must make payment within 14 days from the invoice date. If the buyer does not make the payment on time, they must pay a late fee on the outstanding amount, which is 7% annually over the three-month EURIBOR rate, from the due date until the payment date. The late fee is based on the EURIBOR published on the next business day after the due date and will be adjusted every three months.<\/p>\n\n\n\n
These terms, along with the confirmation and any amendments in writing, form the complete contract between the parties (hereinafter \"the contract\"). The contract supersedes any prior negotiations, agreements, or informal understandings between the parties concerning the goods covered by the contract, whether oral or written.<\/p>\n\n\n\n
The contract is governed by the law of the Republic of Estonia, except for provisions that conflict with fundamental principles of law or the United Nations Convention on Contracts for the International Sale of Goods (unless otherwise specified in section 12, third paragraph).<\/p>\n\n\n\n
Any disputes, conflicts, or claims arising from the contract, or any issues related to breach, termination, or invalidity of the contract, will be resolved by the Harju County Court in accordance with the laws of the Republic of Estonia.<\/p>\n\n\n\n
Unless otherwise specified in these terms or agreed upon separately, Amari Metals O\u00dc is not liable for any incidental, indirect, or consequential damages or losses, including but not limited to lost profits, loss of production, defective products, or claims made by the buyer's customers. This limitation of liability does not apply in cases of gross negligence by Amari Metals O\u00dc.<\/p>\n\n\n\n
Amari Metals O\u00dc will not be liable if a claim for compensation is made after one year from the date the risk associated with the goods was transferred to the buyer.<\/p>","protected":false},"excerpt":{"rendered":"
Amari Metals O\u00dc \u00fcldised metallide tarnetingimused Versioon: 2012 1. Sissejuhatus K\u00e4esolevad tarnetingimused (edaspidi \u201etingimused\u201d) moodustavad k\u00f5igi Amari Metals O\u00dc kaupade tarne pakkumiste ja lepingute lahutamatu osa. Ostja poolt tellimuses v\u00f5i muul viisil esitatud tingimused kehtivad \u00fcksnes juhul, kui Amari Metals O\u00dc neid kirjalikult aktsepteerib. Amari Metals O\u00dc kinnitab ostja tellimused tellimuse kinnitusega ning leping s\u00f5lmitakse…<\/p>","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_kad_post_transparent":"","_kad_post_title":"","_kad_post_layout":"","_kad_post_sidebar_id":"","_kad_post_content_style":"","_kad_post_vertical_padding":"","_kad_post_feature":"","_kad_post_feature_position":"","_kad_post_header":false,"_kad_post_footer":false,"_kad_post_classname":"","footnotes":""},"class_list":["post-1784","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/pages\/1784","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/comments?post=1784"}],"version-history":[{"count":1,"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/pages\/1784\/revisions"}],"predecessor-version":[{"id":1785,"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/pages\/1784\/revisions\/1785"}],"wp:attachment":[{"href":"https:\/\/amarimetals.ee\/en\/wp-json\/wp\/v2\/media?parent=1784"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}