General Sales Conditions
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General Sales 1. Subject matter of conditions These General Sales Conditions shall regulate relationships between the company ISKRA, d.d., Ljubljana, Stegne 21, SI-1000 Ljubljana, Slovenia (herein forth referred to as: Seller or ISKRA, d.d.) and natural and/or legal persons as Buyers (herein forth referred to as: Buyer) of products, services and innovative solutions from the sales range of the company Iskra, d.d. (herein forth referred to as: Goods). These General Sales Conditions shall refer to all relations between the Seller and the Buyer for the purchase and supply of goods. Any different purchase agreements, contrary provisions in Buyer's quotations, acknowledgements, or any other document that Buyer sends in response to the these General Sales Conditions are hereby rejected and are not binding on Seller, unless the Seller accepts them in writing. If Buyer submits additional and/or different terms and conditions to Seller, or submits a counteroffer, Seller's subsequent performance will not be construed as either acceptance of Buyer's additional and/or different terms and conditions or Buyer's counteroffer. Buyer will be deemed to have accepted these General Sales Conditions if Buyer transmits to Seller Buyer's written or oral acknowledgement or if Buyer begins purchase of the Goods (begins orders, including the request for a quote). 1.1. Prices The Seller's formal offers for Goods proposed at specific prices and related payment terms (hereinafter referred to as: Quotes) and Seller's Pro-forma Invoices are based on the prices in the Pricelist, that is issued by the Seller and valid on the day of the confirmation of the Buyer's Order, acceptance of the Seller's Quote or signing of the Contract. The prices of Goods are exclusive of VAT and /or other taxes or duties. The cost of installation or mounting – unless otherwise stipulated shall not be included in the said price. The Seller has a right to increase the prices of Goods that are part of his inventories and scheduled for delivery to the Buyer and to increase the price of Goods that are in the stage of implementing the Order, by a percentage equal to that of the increase of Prices recorded in the period from the day of the conclusion of the contract between the Seller and the Buyer or the day of accepting the order or accepting the offer, when such increase of Price occurred due to the increased input prices of raw materials or energy costs, changes in exchange rates, increases in material costs, price increases made by subsuppliers, wage increases, official requests or events of similar nature to which Seller has no effect of only a limited impact. 1.2. Data on Goods Any information on the specifications of Goods acquired by the Seller or by person affiliated with the Seller, including but not limited to the weight, dimension, capacity, or any other technical information that can be found in catalogs, advertisements, promotional material etc. is for informal purposes only and is binding for the Seller only Quote and/or order confirmation made by the Seller. 1.3. Proprietary information The Buyer or a person affiliated with the Buyer shall not in any way disclose, distribute or publish confidential and other information obtained during their negotiations with the Seller or information that result from participation in such negotiations (herein forth referred to as: “Confidential information”). The Buyer shall not disclose, distribute, disseminate or publish the confidential information to any natural or legal person without priorly obtained Seller's written consent to such treatment. The Buyer explicitly agrees to prevent any unauthorized disclosure of confidential information and to act with a reasonable degree of care (but in no case less carefully than in protecting its most confidential information) while doing so. The concept of confidential information in the preceding paragraph includes, but is not limited to: prices, pictures, drawings, descriptions and other technical documentation that is or is likely to be made available to the Buyer by the Seller. The confidential information shall at all times remain the property of Iskra, d.d. 1.4. Intellectual Property Right If the Goods are delivered with embedded software, the Buyer obtains the non-exclusive licence for such software and only in a magnitude that allows and enables the use of the software solely for the purposes set out in the Specification of Goods. Aside from this, the Buyer does not obtain intellectual property rights in the form of license, patent, copyright, trademark or any other proprietary rights associated with the Goods. The Buyer does not obtain any right to the source code of the software. 1.5. Restraint on Resale and Use for Certain Purposes The Goods by Iskra, d d. are produced for civilian use only thus prohibiting the Buyer to use or resell the Goods for purposes which are in any way related to the chemical, biological or nuclear weapons or missiles that could carry a weapon. The Buyer may not sell Goods to the persons, companies or organizations for which he knows or suspects are associated or affiliated with terrorist activities. Goods may be subject to legal regulations and restrictions and may therefore be subject to limitations in the case of sales to countries or customers who have a ban on exports or imports. Such restrictions must be considered in the case of reselling products in such country or to such customers. The Buyer is prohibited to resell the goods in a case of doubt or suspicion that the goods may be used for purposes that are listed in the paragraph above. If the Buyer becomes aware or suspects that the conditions were set forth in this Article are a subject to violation, it shall immediately notify the company Iskra, d.d. General Sales Conditions, Ver.3.0, valid from July 1st 2

General Sales 1.6. Force Majeure As an inability to fulfil its obligations under the Contract for which the Seller is not in any way liable are the circumstances such as: force majeure (fire, flood, landslides and other natural disasters), measures of state authorities, riots, protests, wars, terrorist attacks, rebellion, seizure, embargo, strikes, work stoppage carried out by subcontractors, lack of means of transport, raw material shortage, disease, accidents in testing of products, insufficient energy supply or failure or delay in deliveries by subcontractors and all other events that...