Manufacturing
Agreement No ………/……..
This …… day of
……. In the town of ruse this manufacturing agreement was signed between:
1. ………………………………, hereinafter referred to as BUYER, as one party.
And
2. La Tenda Curtains and Blinds Ltd, with registered office and address of management: ……………, hereinafter referred to as the ‘Supplier’.
The parties have agreed on the following:
In these terms and conditions:
1. ‘Conditions means these terms
and conditions of sale; ‘Contract’ means the contract for the sale by us and
purchase by you of our goods and/or services; ‘goods’ means curtains, blinds,
window dressings, bed spreads, soft furnishings, curtains poles and any other
Goods supplied by us following you order; ‘Order means an order made by your
for the supply of goods and/or services; ‘Price means the price of the goods,
plus any delivery charges; ‘Services’ means measuring windows, interior design
service, upholstery and/or fitting of the goods.
2.Payment and remuneration
2.1 for the manufactured goods, as
agreed hereupon, the buyer undertakes to pay the supplier remuneration in the
amount of EURO ………… payable as follows:
–
Advance payment in the amount
of EURO …… or …….% of the remuneration as the day of signing this agreement;
–
The final payment in the amount
of EURO….. or ……..% on the day of the delivery and installation of the
manufactured goods.
2.2 Such remuneration is
to be either paid in cash, card or cheque to the supplier.
2.3
The remuneration includes the
price of the materials, the price of the work and the price of installation, if
the Buyer explicitly wishes to do so. The costs of recapture of the site,
re-installation, possible disassembly, or changes that are due to the Buyer are
subject to additional payment. The amount is to be determined by the supplier.
2.4 If new measurements
are given to the supplier after an order is made and advance payment is made,
such new measures will constitute an order and therefore a new final price will
be given.
2.5 Advance payments will
be lost and will not be refunded if the order is cancelled.
3. Order and
delivery
3.1
When you place an order with us,
we will send you confirmation of your order in writing. You must bring any
discrepancies in the order to our notice within 5 working days of receiving
confirmation of the order from us. If such confirmation is not received, please
contact us immediately.
3.2
Goods subject to this agreement
shall be manufactured and delivered by the supplier from the date of making an
advance payment. Such orders will be placed within 24 working hours on working days
which include Monday to Friday and public holidays and shut down periods are
not included.
4.
Obligations of the parties:
4.1 The supplier in this agreement has the obligation to perform in a
qualitative and timely manner the work assigned to him in accordance with this
agreement. The supplier is also responsible for the quality of the work and
installation. The supplier has the right to receive the remuneration stipulated
in this agreement both in relation to the deposit as well as the full amount
and the supplier shall have the right to refuse to perform if there is
insufficient amount of materials and or items necessary for the manufacture of
the goods accordingly. If
a mistake is done by the supplier in relation to the material, he is only
obliged to fix such mistake by supplying the proper material, he cannot cancel
the order.
4.2
The buyer in this agreement
undertakes to pay the agreed remuneration to the supplier within the terms and conditions
of this agreement. Specify all the requisite measurements and necessary details
for the order to take place and before installation, the buyer is obligated to
provide the necessary schemes and plans of the existed installations on the
site/ electrical installation, heating, plumbing. The supplier shall not be
liable for any damage if the buyer has not provided the necessary schemes. If
the assigned work is performed by the supplier within the agreed terms,
quantity and quality, the buyer is obligated to accept the performed work.
5.
Warranty terms and conditions
5.1
upon acceptance of the final product
the buyer should express all his objections to improper performance in case of
defects in delivery and installation due to the fault of the supplier. This is
according to the 2 year warranty on mechanisms and NOT fabric by the supplier.
5.2 If the work is
accepted and no objections are raised, this is assumed to mean that the work
has been accepted and the buyer is not the refuse the manufacture goods if
there is minor deviation. Such deviation can be + or – 2/3cm.
5.3
The buyer shall raise objection
for the obvious defects upon delivery and the installation of the goods and in
the case of hidden defects to notify the supplier not later than 3 days after their
installation.
5.4
The warranty shall be waived in
the following:
–
Force Majeure
–
Damage due to moisture, current
shocks, dusting, contact with animals and improper cleaning.
–
In the case of late
notification to the supplier
–
the supplier is not liable, and
the warranty expires if the buyer has repaired the goods himself, has taken the
measurements and or installed the manufactured goods himself.
6.
Termination
6.1
This agreement may be amended
and supplements by mutual agreement of the parties, expressed inwriting.
6.2 The buyer shall have
the right to terminate the agreement if the supplier fails to deliver the
product without a justifiable reason following an unreasonable period of
delivery. Delivery period does not generally exceed 56 working days. The
supplier is allowed to delay delivery due to:
·
Force Majeure
·
Product not being delivered in time for delivery due to feasts
and shutdowns in countries which provide such product.
·
Reasons beyond the supplier’s control
6.3
If the buyer withdraws from the
agreement after the assigned work is performed, he/she loses the advance
payment and owes the supplier the expenses incurred, the work done and the lost
profit.
6.4
If the buyer fails to pay the
agreed advance payment, the agreement shall be deemed terminated without the
need to send an explicit notification to the supplier, unless the parties sign
an additional agreement to extend the deadline for advance payment.
6.5
In case the buyer has not
provided conditions for the acceptance of the work, has not accepted delivery,
does not cooperate with the installation and does not pay the additional
payment due under this agreement for a period of more than 30 days, the
agreement shall be deemed terminated without the need to send an explicit
notification to the buyer. In this case, the buyer loses the advance payment
and shall owe the supplier the agreed final payment under this agreement.