General terms and conditions for the provision of services by Electrona GmbH, Podružnica Lesce
- GENERAL PROVISIONS
These terms and conditions establish the rules and procedures for the services provided by Electrona GmbH, Podružnica Lesce (hereinafter referred to as the “service provider”) and the obligations of the clients (hereinafter referred to as the “client”). The general terms and conditions govern the fundamental principles of cooperation and apply to all services provided by the service provider. By placing an order, the client confirms that they are familiar with the entire set of terms, understand them, and fully accept them. The service provider reserves the right to modify these terms and conditions without prior notice. Any changes to prices or other provisions will take effect on the date of publication on the website www.electrona.at. The client is obliged to regularly monitor changes, as they will take effect 15 days after publication, and any further business cooperation will be conducted under the updated terms. - DATA PROTECTION
The service provider undertakes to treat all data obtained from the client as strictly confidential and to safeguard it as a business secret. This data will be used exclusively to provide services for the benefit of the client. All confidential data remains the property of the client who provided it to the service provider. Upon the client’s request, the service provider agrees to return all received confidential information provided in physical form or to permanently destroy it. The service provider will provide the client with written confirmation of the data destruction. - PRICES AND QUANTITIES
The service prices are based on the Ex Works (EXW) Lesce, Slovenia principle. All prices listed are in euros (EUR) and do not include value-added tax (VAT), which is charged in accordance with applicable legislation. The quantities of products are determined in the client’s order. If the minimum order quantity (MOQ) of components is higher than the actual needs, the client assumes responsibility for taking over the surplus if the service provider cannot use this material for other projects. The client is notified in advance of the MOQ requirements. The prices of services and delivered components are specified in the offer or agreed upon in the contract. The service provider reserves the right to change prices in the event of significant market fluctuations or major changes in product specifications. In such cases, the client will be promptly informed of the reasons and the new price, and the client may confirm the continuation of the order or cancel it according to the terms of this section. If the client changes the product specification or terminates the cooperation, they are obliged to take over all unused materials that the service provider cannot use for other projects in the current year. The client also agrees that changes to production data may impact the final product price. The service provider does not assume responsibility for risks related to material price fluctuations in the market or currency exchange rate changes. The client is obligated to purchase from the service provider all equipment, components, and materials that are in the service provider’s warehouse as surplus (non-moving material) due to the following reasons:
· Cancelled or modified orders,
· Adjustments to material specifications (BOM – Bill of Materials),
· Excess quantities due to minimum order quantity requirements (MOQ).
Material that remains in the service provider’s warehouse for more than one year from the purchase date is considered non-moving. - ORDERS
An order for services or products is considered valid upon receipt of the appropriate documentation, such as a purchase order, confirmation email, or fax. Once the order is placed without prior agreement, cancellation is not possible, as the NCNR (Non-Cancellable, Non-Returnable) rule applies. In the case of cancellation, the client assumes responsibility for taking over or purchasing the material that the service provider has already acquired for the execution of the order, in accordance with the provisions of section 3 of these terms and conditions. - DELIVERY TIME
Delivery times depend on the availability of components and materials and may be subject to change in the event of delays in delivery by suppliers or unforeseen circumstances (force majeure). The delivery period begins once the last of the following conditions is met:
· Order confirmation,
· Fulfillment of all technical, business, and other agreed-upon requirements,
· Receipt of advance payment or collateral, if required before the delivery of products.
The service provider is not liable for any damage that may occur to the client or third parties due to delays in the delivery of materials or due to force majeure. Force majeure includes events that cannot be anticipated or prevented, including but not limited to: lightning, ice storms, storms, floods, earthquakes, fires, epidemics, war conditions, quarantine measures, trade blockades, and decisions by competent authorities. - PAYMENT TERMS
The payment terms are specified in the offer or agreed upon in a separate contract. The client is obliged to make the payment to the service provider’s transaction account. In the event of a payment delay, the service provider reserves the right to charge statutory late payment interest and to use all legal means to collect the debt. Unless otherwise specified, the standard payment term is 30 days from the product delivery date (NET30). The client may not withhold or delay payment due to warranty claims or any other potential counterclaims. Until the client settles the full amount, the product remains the property of the service provider. - WARRANTIES AND GUARANTEES
The service provider offers a 1-year warranty on the work performed, which starts from the date of product acceptance. For components and materials, the warranties provided by the suppliers or manufacturers apply, but for no longer than one year. The service provider is not responsible for any functional defects that are not detected through testing in accordance with the agreed procedures. The service provider also does not accept responsibility for defects arising from the design of the product by the client or for components and materials specified, approved, or provided by the client. In case of a complaint, the client must send a written notice to the service provider and provide the complained products along with a record of the complaint. Complaints regarding products that have been damaged or repaired by unauthorized persons will not be considered. In the event that a defect is found in the product due to errors in the service provider’s performance, the service provider will either repair the product or, if repair is not possible, refund the client up to 100% of the product’s value that is the subject of the complaint. The service provider does not cover any additional costs arising from the complaint, whether for the client or third parties, including customs, transportation costs, etc. The service provider communicates regarding warranties exclusively with the client and does not assume responsibility for the safety of products in use. For complaints regarding materials and components, the client must provide all necessary professional assistance, information on product usage at the time of the defect, and the appropriate infrastructure to resolve the issue. If the client and service provider agree to use material from an unverified source, the service provider does not provide a warranty for services related to the use of such material. Unverified source material includes materials from unverified suppliers, gray market materials, or those acquired through intermediaries. - PACKAGING AND LABELING
The service provider is obligated to properly package all products in antistatic bubble wrap bags and place them in larger cardboard boxes suitable for transport under protected conditions or in accordance with the terms agreed upon in the contract. Each product will be labeled with a sticker containing information about the quantity, product type, and lot number. If otherwise specified in the contract, the labels will contain additional necessary information. The client is required to verify the quantity and mechanical suitability of the products upon receipt or within 8 days of receipt at the latest. Any complaints regarding errors in quantity or appearance of the products must be submitted within this period. The service provider will not consider any later complaints regarding these details. - RoHS AND REACH
The client is obligated to provide a list of all components in the bill of materials that comply with European regulations. The service provider must manufacture the products in accordance with European regulations and requirements. The client is responsible for ensuring that the list of components in the bill of materials complies with applicable European regulations. The service provider agrees to manufacture the products in compliance with all relevant European regulations and requirements. - EXPORT CLAUSE
The client declares that, without limitation, they comply with the Slovenian legislation on the control of exports of dual-use goods (Official Gazette of the Republic of Slovenia No. 37/2004 and 8/2010), as well as the relevant U.S. and EU regulations regarding exports. The client is obligated to verify and guarantee that:
· The contracted goods are not intended for use in connection with military equipment, nuclear technology, or weapons;
· They will not be supplied to military customers.
The client confirms that, prior to the execution of the transaction, they will consult with the service provider in the following cases:
· If they have information that the aforementioned products will be exported or re-exported to countries subject to an embargo or to countries supporting terrorism (such as Cuba, Iran, Syria, Sudan, North Korea);
· If the aforementioned products are to be supplied to companies, organizations, or individuals that are included on the valid U.S. or national lists at the time of the transaction. - INTELLECTUAL PROPERTY
All intellectual property rights related to technological solutions, inventions, or innovations necessary for the execution of the order belong to the service provider. The service provider has the right to freely dispose of the specific technological solutions without any limitations. - GENERAL INFORMATION
If any provision of this document is found to be invalid or unenforceable, it shall not affect the validity of the remaining provisions of this document or the contract as a whole. In the event that a provision is deemed invalid or unenforceable, the contracting parties will seek a replacement provision that is as closely aligned as possible with the purpose and content of the original provision and that meets the objectives of the contracting parties. - LEGAL PROTECTION
Any disputes will initially be resolved amicably by both parties. If an agreement cannot be reached, the competent court for dispute resolution will be the District Court in Radovljica. The parties will try to resolve any potential disputes amicably.
Last updated on February 18, 2025