BIBUS BALTICS GENERAL PROVISIONS of Purchase transactions

Riga, April 26, 2022

These general terms and conditions apply to any purchase transaction that takes place between SIA “Bibus Baltics” (hereinafter also the Supplier) and the Buyer.

1. Definitions

1.1. The purchase transaction is the agreement between the Supplier and the Buyer, starting from the purchase offer up to the order placement, delivery of goods and payment of the goods.

1.2. The Buyer acknowledges that these general terms and conditions for purchase transactions are an integral part of the purchase agreement and order.

1.3. Products are goods and services in the Supplier's assortment.

1.4. BIBUS Baltics undertakes to protect the personal data of its customers in accordance with the relevant regulations.

2. The Purchase offer

2.1. The purchase offer is an assortment of Products prepared in the written form by SIA “Bibus Baltics”, which includes the prices of goods and / or services, delivery conditions and payment terms and procedures, and which is sent electronically to the e-mail address specified by the Buyer.

2.2. The validity period of the purchase offer is 3 months from the date of its preparation.

2.3. All delivery terms mentioned in the Purchase Offer are of informative nature. The delivery date is specified after the order is confirmed and, if the prepayment is specified, after receiving the payment for the products in full amount.

2.4. Until the moment of placing the order, the Purchase Offer may be changed several times both by mutual agreement of the Parties and at the unilateral initiative of SIA “Bibus Baltics”. In addition, SIA “Bibus Baltics” is entitled to make price changes or cancel its Purchase Offer in general.

2.5. All changes in the Purchase Offer are made in the written form by sending a repeated (corrected) Purchase Offer to the Buyer's email address.

2.6. Product prices are fixed for the validity period of the Purchase Offer and do not include Product delivery, loading, installation, insurance, and similar costs. The Parties shall agree separately on the type, place, time, and costs of delivery of the Products.

3. The Order

3.1. By confirming the Purchase Offer, the Buyer agrees to purchase the Products listed in the offer made by SIA “Bibus Baltics” at the indicated prices, as well as agrees to the offered delivery conditions. Such confirmation of the Purchase Offer is considered an Order.

3.2. All Orders are made by the Buyer only in written form by sending an Order letter to the Supplier's e-mail.

3.3. The purchase order must include the following:

• Product type, quantity, desired delivery time,

• Company details,

• Pre-agreed payment terms

• Delivery conditions,

• The Supplier's offer number.

3.4. After placing the Order, it is no longer possible to make changes to it.

3.5. The minimum Order amount at one time cannot be less than 100 (one hundred) euros VAT excluded. For the orders with a value of less than EUR 100 (excluding VAT), a processing fee of EUR 50.00 (fifty) will be added, unless otherwise provided in the individual contract.

3.6. The Supplier does not accept back or refund money for the goods ordered by the Buyer after delivery.

4. The Terms of delivery

4.1. Delivery of products to the Buyer is made only on the basis of a written Order.

4.2. The supplier prepares the order confirmation for the customer, based on the submitted order, price, and reviewed delivery time.
4.3. The ordered goods, which are in stock at the time of receiving the order, are delivered within 1-2 working days from the date of receipt of the order to the address specified by the Buyer, unless the individual contract provides otherwise.

4.4. An invoice / a receipt is prepared for all goods delivered to the Buyer in accordance with the approved Order.

4.5. The invoice / the receipt is sent to the Buyer together with the shipment in one package, unless the individual contract provides otherwise. Upon request, the invoice/ the receipt can be sent to the Buyer by post to the address specified by the Buyer or electronically to the Email specified by the Customer.

4.6. If the address for receipt of the goods has not been indicated in the order, then it is automatically sent to the legal address of the Buyer.

4.7. In case the Buyer wants to pick up the goods independently, the Supplier packs and prepares the ordered goods for pick-up at the previously agreed time and place, signing the invoice at the time of receipt and indicating the car registration number with which the received goods are transported.

4.8. The Buyer is responsible for organizing the acceptance of the Products at the place and time specified in the Order. If the acceptance - delivery of the Products cannot take place due to the fault of the Buyer, the Buyer is obliged to cover the incurred expenses.

4.9. It is the buyer's responsibility to inspect the goods immediately upon receipt to ensure that they comply with the order. The Buyer is also obliged to check in particular the condition of the consignment and the quality, quantity and assortment of the delivered goods, as well as to immediately notify the Carrier and the SUpplier in the written form of any discrepancies in this regard.

4.10. If the Buyer does not immediately notify in the written form of the above discrepancies after receipt of the goods, it shall be considered as confirmation of correct and successful delivery.

4.11. The supplier shall not be liable for goods damaged during the delivery or damaged packaging of goods during the delivery, as well as for delays in the delivery caused by the fault of the carrier. When accepting the shipment, the Buyer is obliged to check whether the shipment has not been damaged during transportation, as well as to record the damage in the presence of the courier at the time of delivery by writing and sending a complaint letter about possible damage to the shipment.

5. The Payment procedure

5.1. The purchase offer specifies the type of payment (prepayment or postpayment) and the payment terms for the Buyer. The payment term is calculated from the date of invoicing.

5.2. For the customers with prepayment, the Prepayment invoice is prepared electronically and sent to the email specified by the Buyer. If the prepaid invoice is not paid within the specified term written in the Prepayment invoice, the Buyer's order is canceled.

5.3. In order for the product delivery process to take place faster, it is better to send a document confirming the payment to the Supplier as soon as it has been done. Any item mentioned in the prepaid invoice is ordered only when the full prepayment has been made.

6. Quality of goods

6.1. The Supplier provides a 1 (one) year warranty period for all its products from the moment of issuing the respective invoice / the receipt.

6.2. In the event of a warranty claim, the Buyer is obliged to send the defective Product unit to the Supplier together with a description of the defect in order to perform a technical examination.

6.3. The examination of the defective Product shall be performed by the Supplier within the limits of its competence or sent to the manufacturer of the Product for examination and provision of an opinion.

6.4. If the defect is confirmed, the defective product is repaired or replaced with a new one at the Supplier's expense. The warranty claim may be rejected if the technical examination reveals that the defect is due to improper installation or use of the product. In this case, the transportation costs of the defective product shall be covered by the Buyer.

6.5. If the Buyer does not agree with the conclusion of the expert examination, he has the right to order an independent expert examination at an institution accepted by the Supplier. The costs of the expert examination shall be covered by the party to whom the expert opinion has been made to the detriment.

7. Force majeure

7.1. The Parties shall not be liable for the delay in the fulfillment of obligations if it is justified by the occurrence of force majeure circumstances. Force majeure circumstances may justify non-fulfillment of obligations for a maximum of 15 (fifteen days).

7.2. Force majeure shall not include sickness, dismissal, change of management, cessation of production or financial difficulties of a party's personnel, or acts or omissions of third parties which may affect the performance of the obligations.

7.3. If the circumstances of force majeure delay the fulfillment of obligations for more than 15 (fifteen) days, the Parties agree on a longer term for fulfillment of obligations or termination of the purchase transaction in written form.

8. Dispute resolution procedure

8.1. Any disagreement that may arise between the Parties in connection with the fulfillment of their obligations shall first be resolved through negotiations.

8.2. Any dispute, disagreement or claim shall be settled in the Arbitration Court of the Latvian Chamber of Commerce and Industry in Riga, in accordance with its rules of procedure. The number of arbitrators will be one. The language of the case will be Latvian. (if local customer)

8.3. The supplier has the right to transfer claims for debt collection to third parties.