General Terms and Conditions
Lesto Product EOOD
1. General Provisions
1.1. These General Rules (GR) regulate the legal relations between Lesto Product EOOD (Producer) and every client, assigning production order (Assignor)
1.2. These GR regulate the initiation, application and termination of assignment, manufacture and delivery contracts of products, including assignments for services about processing of materials and products. These GR shall be applied in any cases, and they are obligatory for the Producer and Assignor, if there is no explicit reservation about alteration, complementation or derogation of particular clauses of GR for particular assignment.
1.3. It is accepted that the Assignor has been acquainted with the GR in the moment of sending of particular order, without requiring additional, explicit declaration of intention. The same rule shall be applied regarding the consent according to Art. 1.4.
1.4. In connection with Regulation (EU) 2016/679 about protection of physical persons, regarding operation with private data and about free movement of these and for denunciation of Directive 95/46/EC, the Assignor does declare consent for providing the Producer with private data for the purposes of the assignment contract; and it gives consent for the Producer to keep, operate and use its private data, this of its authorized persons; and it gives consent and authorization to the Producer to provide information or private data of the Assignor to its lawyers, accountants, auditors and other external consultants and persons, being in contractual relations with the Producer, as well as to persons, connected with the Producer.
2. Assignments
2.1. Asking and/or ordering of production and delivery shall be performed only online, to the e-mail address, provided on the Producer’s website.
2.2. The assignment shall comprise complete information about the following: article/drawing product number, name, revision, quantity, required delivery date for products/service performance.
2.3. The assignment shall be confirmed online by the Producer through the standard confirmation template, which apart from the information according to Art. 2.2 shall comprise in addition the single prices, total price, payment term, delivery term, delivery conditions.
2.4. The contract about assignment, production and delivery of products of the Producer shall be considered as concluded with the Assignor after the receiving of the confirmation according to Art.2.3 by the Assignor on the e-mail address, provided by the latter. The assignor shall bear responsibility for ensuring that the provided e-mail address is correct and active. Particularly, it is Assignor’s responsibility, if SPAM filters are used, to guarantee, that all e-mails by the Producer can be delivered.
2.5. The Producer shall accept free of charge request for cancellation or postponement of assignment only in case that the assignment has neither started production, nor required purchase of materials, specified only for the particular assignment. It the assignment has been already started in production and/or materials have been purchased, the cancelled assignment shall oblige the Assignor to pay “cancellation expenses” as specified hereinafter. “The cancellation expenses” include, but are not limited to: all cancellation taxes, including without limit: (a) full price for each finished product; (b) for partially finished product the part of the price, specified by the Producer on the basis of the percentage of product finalization.; (c) reasonable overheads and profit; and (d) all due payments to subcontractors and/or suppliers for all ordered materials, components or products, which cannot be cancelled, recovered or redirected in different favor.
2.6. The Assignor is responsible for the compliance between the technical documentation, provided by the latter in different formats – (*.sldprt, *.sldasm, *.stеp, *.iges); 2D CAD files (*.dxf, *.dwg), *pdf. In case of found incompliance in the data in different formats of the technical documentation, the Producer shall stop production till clarifying with the Assignor of the valid technical documentation. All expenses for reprocessing/processing of new items of products shall be at the Assignor’s cost.
2.7. In case of difference between the assignment and the contents of the offer, each acceptance of content, different from the offer, regarding each important matter, shall be considered for new asking. In this case, if the assignment has been accepted, the Producer shall preserve the right to change prices or other conditions, and it shall specify these changes in the assignment confirmation.
3. Production
3.1. Assignments shall be produced with Producer’s materials as basic rule.
3.1.1. The Producer does not maintain stored quantities of materials.
3.1.2. The Producer shall provide the materials of the necessary type, dimension and thickness according to the specifications of the assignment.
3.2. The Producer can perform assignments with Assignor’s materials. The Producer has no obligation to perform 100% incoming and operational control (visual and dimensional) of the material, provided by the Assignor. The Producer does not bear responsibility for hidden defects of the material/template, provided by the Assignor, affecting the quality of the service. In case of finding incompliances, the Producer shall stop the performance of the assignment till clarifying with the Assignor of next actions about handling the incompliance. The Producer has the right to refuse performance of the assignment with Assignor’s material, if the provided material does not meet the production requirements of the Producer.
3.3. The performance of each assignment is with preliminary specified technological-production process. If during the production process an objective impossibility for performance has been found, the Producer has the right to require renegotiation of the price, because of the change in the technology or necessity of additional expenses for sub-contracting.
3.4. The Assignor is informed and accepts, that in cases of corrections to ordered assignment, given in writing by its side, after the start of the performance, it shall be stopped on the phase in which it is present. The necessary changes in the technical documentation shall be filled in. If possible, the items produced till that moment shall be corrected. All incurred expenses for the changes, as well as for already produced items, shall be at the Assignor’s cost, including purchased materials, which after change made by the Assignor are to be dropped out of requirement to be put in the assignment. The term of the assignment shall be prolonged with as many days as it has taken for remastering of documentation and items.
3.5. The performance term of the assignment shall be specified finally with the confirmation of the assignment.
3.6. The terms can be prolonged under the following conditions:
3.6.1. Under condition that the Assignor delays with more than 5 (five) working days any of its due payments by virtue of the assignment, production and delivery contract, then the Producer has the right to stop the performance till the payment of the due pecuniary obligation.
3.6.2. The term of execution of the assignment shall be prolonged, under condition that the Assignor has not provided the Producer with suitable technical documentation and information about the performance of the assignment. The term shall be prolonged with the relevant number of days till the day of full provision of suitable technical documentation.
3.6.3. The term of execution of the assignment shall be prolonged, under condition that the Assignor has not provided the Producer with suitable materials (in the cases, when the manufacture is performed with materials of the Assignor). The term shall be prolonged with the relevant number of days till the day of provision of suitable materials.
3.6.4. The term of execution of the assignment shall be prolonged, under condition that the parties reach explicit mutual agreement about prolongation of the term because of changes in the parameters and specifications of the assignment.
3.7. The Producer shall:
3.7.1. Perform the assignment completely, precisely and timely, according to the requirements, concluded with the Assignor and GR.
3.7.2. Perform the assignment qualitatively. The quality of the workmanship must meet the requirements, regulated in the provided technical information and documentation. The workmanship shall be accompanied by documents, concluded at the giving of the assignment. The same shall be specified in the assignment confirmation.
3.7.3. Provide the necessary human resource, machines, equipment and facilities, necessary for the performance of the assignment.
3.7.4. Comply with all applicable legal acts, regulating requirements for labor security, fire security and sanitation and hygienic conditions.
3.7.5. Put in the performance of the workmanship materials, concluded at the offer phase.
3.7.6. Perform its obligations with the care of the good trader, on high professional level.
3.8. The Assignor shall:
3.8.1. Accept the performed assignment.
3.8.2. Pay the due price to the Producer for the performed assignment according to the concluded conditions and terms.
3.8.3. Provide the Producer with all necessary technical information and documentation according to the requirements of the GR and the specific requirements for the particular assignment.
3.8.4. Assist the Producer with timely analysis and solution of occurred questions in the process of performance of the assignment with aim of achieving maximum high degree of quality of the workmanship.
3.8.5. Perform its obligations with the care of the good trader, without abusing the interests of the Producer.
4. Financial Conditions
4.1. Standard Prices:
4.1.1. Minimal assignment value: BGN 2000 (including price for NC programming), without VAT.
4.1.2. Expenses for 3D modelling: BGN 60/hour, but not less than ½ hour, without VAT.
4.1.3. Expenses for 2D modelling: BGN 60/hour, but not less than ½ hour, without VAT.
4.1.4. Expenses for NC programming: BGN 100/item, without VAT.
4.2. Basic payment conditions:
4.2.1. The prices are calculated on the basis of market value of used materials, necessary technological time for manufacturing and the used human resources for performance of the assignment.
4.2.2. All due payments shall be made by bank transfer.
4.2.3. The pricing conditions, regarding delivery of the workmanship shall be ruled according to the conditions of Incoterms 2020.
4.2.4. On condition that nothing else is concluded, the basic condition under Art. 4.2.3. shall be EXW (ex works) Producer’s warehouse.
4.3. Additional payment conditions:
4.3.1. If the performance of particular assignment is connected with manufacturing or purchase of additional and/or specialized non-standard instruments, its value is due at the start of the assignment performance.
4.3.2. The Producer does not bear responsibility for delay or non-performance because of force-major events, regarding delayed deliveries of raw materials and other materials; because of severe accidents with machines, connected with the manufacturing of particular orders; as well as with other events of extraordinary character, including but not only – war, earthquake, fire, epidemics, pandemics, civil riots, etc.
4.3.3. Under condition that the Assignor delays payment of due price for the assignment, then it shall pay to the Producer a penalty in amount of 0.1% for each day of delay, but not more than 20% of the due sum.
4.3.4. Standard packaging shall be made by the Producer according to established, internal company rules. The packaging price is included in the final price, offered to the Assignor, or it shall be invoiced in a separate place in the invoice.
4.3.5. The price of loading-unloading activities is included in the packaging price. Each hand loading is an obligation of the Assignor.
4.3.6. Repackaging of transport ready goods because of sending by the Assignor of a transport not adequate for the cargo dimensions shall be made only if it is possible to give additional resource and after charging the time for the performed work in amount of BGN 40/hour per person without VAT.
4.3.7. The Producer shall keep finished production without charging storage tax up to 3 (three) working days after written notification of the Assignor about expedition readiness. Every following day shall be charged BGN 0.5/m2 for pallet-place or occupied place.
5. Final conditions
5.1. The Producer shall perform the assignments in accordance with the regulations of the Integral System for Quality Management in accordance with BSS ЕN ISO 9001:2015, BSS EN ISO 14001:2015; BSS ISO 45001:2018, BSS EN ISO 3834. In case that the technical information and documentation, provided by the Assignor, has no specified allowable deviations, then the Producer shall apply the following precision classes:
– for lineal and corner dimensions – allowable deviations according to ISO 2768-mK;
– for found existing constructions – allowable deviations according to ISO 13920-BF.
In case that the technical documentation and information, provided by the Assignor, has no specified requirements to the quality of the special processes, then the Producer shall guarantee the quality according to:
– BSS EN ISO 2409 – GT 1 for painted surfaces;
– BSS EN ISO 5817 – Level of quality of the imperfections D.
5.2. Reclamation claims shall be managed according to the Integral System for Quality Management in accordance with BSS ЕN ISO 9001:2015, BSS EN ISO 14001:2015 and BSS ISO 45001:2018.
5.3. Reclamation claims for quantity and quality of the surfaces of delivered products shall be accepted by the Producer not later than 7 days after delivery. Reclamation claims, regarding the quality of the workmanship of delivered products, shall be accepted by the Producer not later than 60 days after delivery. All claims connected with quantity or quality deviations of delivery must be accompanied by information about the articles, including – article number, order, delivery date, picture evidence material. In cases when the deviation is a result of a transport defect, then the Assignor shall make record about the findings in the delivery documents – bill of lading, protocol, CMR – bill of lading.
5.4. The Producer has the right to keep the technical documentation, and it declares its adequate storage and non-providing to third persons. The ownership of the documentation belongs to the Assignor, but it is under responsible safekeep by the Producer. On request of the Assignor, the Producer shall provide 2D drawings in vector PDF format.
5.5. In cases of occurrence of obstacles against the application of this contract the parties shall act in the following manner:
5.5.1. Take all depending on them reasonable measures for removing these obstacles, even if they are not responsible for them.
5.5.2. The expenses for removing these obstacles, made by the non-guilty party, shall be covered by the party guilty for their occurrence. If there is no guilt for the obstacles, the expenses shall be covered equally by the parties, except something else is concluded.
5.5.3. The Producer has the right to change the GR at any time, without preliminary notification. The amended or newly adopted GR shall enter into force 14 (fourteen) days after publication of the GR on the Producer’s website.
5.6. If any clause of these GR is or becomes invalid, then it does not affect the rest of the contract. The parties shall substitute in this case the invalid clause with a legally valid one, so it is in accordance with the applicable legislation and within the sense of the contract and GR.
5.7. All disputes between the parties about interpretation and application of the assignment contract shall be solved by mutual agreement, and if such cannot be achieved, all disputes between the parties, arisen by the assignment contract or referring to it, including the disputes, arisen or referring to its interpretation, invalidity, performance or termination, as well as disputes for filling of gaps in the contract or adjustment to new circumstances, shall be resolved by the Arbitration Court at the Bulgarian Commercial and Industrial Chamber by three arbiters, according to its Regulation about deeds, based on arbitration agreements, and the resolution of the Arbitration Court shall be final.
5.8. For all matters not regulated by the GR the Bulgarian Civil Legislation shall be applied.
5.9. Integral parts of this assignment contract are:
5.9.1. Assignment confirmation template.
5.9.2. Technical documentation existing or provided by the Assignor.
These General Delivery Rules are duly adopted by the managing director of Lesto Product EOOD and perform the function of general conditions within the sense of Art. 298 of the Commercial Code.
