Terms and conditions

I. General provisions

Please read these Terms of Use carefully before using the sites of Kerchev & Sons OOD. These General Terms constitute an AGREEMENT between you and Kerchev and Sons Ltd, which entitles you to use the services of the Sites for personal and non-commercial purposes free of charge, subject to the conditions below. These General Terms and Conditions have binding effect only in the relationship between you as a User of the Site Services and Kerchev and Sons OOD. By accessing (downloading) the Websites, you agree to be bound by these Terms and Conditions and any subsequent changes thereto, and you agree to abide by them. If you do not agree to all of the terms and conditions below, please do not use the sites of Kerchev & Sons Ltd.

Users are entitled to use the Services of the Sites, hereinafter referred to as this document, and only the "Sites" solely for personal / non-commercial purposes. By posting / commenting in the forums, users agree to abide by the Rules of Use of the Forums of Kerchev & Sons OOD. Kerchev & Sons Ltd. is not responsible for the opinions expressed by users.

II. Basic concepts

For the purposes of these General Terms, the following terms are used with the following meaning:

"USER" is any individual who uses any of the services of any of the websites of Kerchev and Sons Ltd.

"SERVICES" on the site include:

- access to information resources / data provided through a web browser on the site;

- participation in the forums of the site by commenting, evaluating and reporting a moderator of previously published posts;


"PARTNER" is any person with whom Kerchev & Sons Ltd. is in a contractual relationship, which has the right to provide additional information about its goods / services to the registered users of the site.

"THIRD PARTY Malicious Attacks" - acts or omissions of third parties that conflict with Internet ethics rules, including but not limited to DoS (Denial of Service), intrusion, deface, theft data, etc.

DIRECT MARKETING - the provision of goods and services to Consumers by mail, telephone or other direct means, as well as consultation for the purpose of investigating the goods and services offered.

III. Copyright

1. All rights reserved. All intellectual property rights in the information resources and materials published on the site are subject to protection under the current Law on Copyright and Related Rights, and their unregulated use constitutes an offense and entails civil, administrative and criminal liability in accordance with the current Bulgarian legislation.

2. Creative commons. Some of the materials on the site may be used under the Creative Commons license. These materials are specially marked with a sign.


IV. Confidentiality

Kerchev & Sons Ltd. is a personal data administrator registered under the Personal Data Protection Act.

Kerchev & Sons OOD may provide aggregated statistics on web site traffic to advertisers / ad agencies that maintain click statistics and more. user actions on their banner ads and links, produce internal statistics, as well as for direct marketing purposes (their own and that of Partners).

By accepting these General Terms and Conditions, the User agrees to the processing of personal data provided by him upon filling in the registration application for the purposes of direct marketing. The user has the right to object to the processing of his personal data for the purposes of direct marketing by sending a written message to Kerchev and Sons OOD at the following address or contact email: office@kerchevandsons.com.

It is not considered direct marketing to submit information about changes to the registration terms, site terms, or the Forum Terms of Use.

V. Organizing responsibility

Kerchev & Sons Ltd. does its best to maintain accurate, accurate and up-to-date information on its site, without excluding the possibility of incidental inconsistencies or omissions. Kerchev & Sons Ltd. is not responsible for the consequences, incl. any damages caused by or related in any way to the access, use or inability to use this site. All information on the site is provided in accordance with the current Bulgarian legislation, without guarantee from Kerchev and Sons OOD for its inviolability and safety from malicious attacks of third parties.

Kerchev & Sons Ltd. is not responsible for the subjective perceptions and interpretation of the accuracy, completeness and usefulness of the information resources on this site.

Kerchev & Sons Ltd. is not responsible for the information (including its completeness and accuracy) contained in the sites to which this site contains links.

Kerchev & Sons Ltd. is entitled to compensation for all damages, costs and claims of third parties as a result of violation of these General Terms and / or unauthorized use of the services on the site.

 

GENERAL TERMS

of Kerchev & Sons OOD FOR BUYING AND SELLING SPARE PARTS AND SUPPLIES

I. Subject

1. These General Terms and Conditions govern the relationship between Kerchev and Sons Ltd. (hereinafter referred to as "Kerchev and Sons") and the CUSTOMER in the purchase and sale of spare parts and consumables (hereinafter referred to as "PARTS").

II. Acceptance of requests and conclusion of the contract

2. The CUSTOMER submits to Kerchev and Sons a request for the type and quantity of PARTS he wishes to purchase. The application must be submitted to the Kerchev and Sons office or by email n.kerchev@kerchevandsons.com, viber, skype or telephone 0889305294.

3. Kerchev and Sons is not responsible for the execution of incorrect and unclear CLIENT's Requests.

4. By submitting the Application, the CLIENT declares that he / she is familiar with and accepts these General Terms and Conditions.

5. The sales contract shall be considered concluded, provided that Kerchev and Sons have explicitly accepted the specific request by sending confirmation of acceptance and / or issuing a pro forma invoice / invoice to the CLIENT. Any change in an already accepted application is subject to a new acceptance by Kerchev and Sons. In case the CLIENT does not immediately object in writing, he / she is accepted to confirm the contract and to pay the price indicated in the pro-forma invoice / invoice.

6. Kerchev and Sons have the right to refuse, in whole or in part, the fulfillment or modification of the terms of the application in case of changes due to the manufacturer or the supplier. In such cases, Kerchev and Sons inform the CLIENT in a timely manner, which has the right to refuse or amend the request in the part to which the change applies.

III. Price and payment method

7. The Client shall pay the price of the ordered PARTS for each individual pro forma invoice / invoice not later than 7 days after its issue, unless it explicitly states another payment maturity.

8. The payment shall be made in cash or in the bank account of Kerchev and Sons indicated on the invoice.

9. In individual cases, Kerchev and Sons may request an advance payment of up to 90% of the value of the contract before the start of its execution.

10. The CLIENT also owes reimbursement of the expenses incurred in connection with the transportation and delivery of the PARTS at the latest upon receipt.

11. In case of late payment within the agreed terms, the CLIENT owes Kerchev and Sons a penalty of 0.5% (zero whole and five tenths percent) on the amount of the outstanding amount for each day of delay.

12. The sequence for repayment of the CLIENT's monetary obligations is as follows: penalties, interest for late payment, expenses, principal. In the presence of several unpaid obligations, the CLIENT shall first repay the oldest obligation.

13. The CUSTOMER shall under no circumstances exercise the right to retain the Parts and / or to withhold payment, even in cases of objection to the performance of the contract.

14. Until payment, the full price of the PARTS shall remain the property of the PARTS to Kerchev and Sons.

15. In case of delay, the payment of the PARTS to Kerchev and Sons shall be entitled to claim the return of the delivered PARTS back and the costs related thereto shall be borne by the CLIENT.

IV. Delivery and execution.

16. For deliveries of PARTS by sending them by courier, mail or forwarding Kerchev and Sons issues an expedition note / goods receipt / or a receipt and tax invoice accompanying the shipment and which are signed by the CUSTOMER upon receipt. the signature on the dispatch note / the goods receipt / the acceptance protocol or the invoice the CUSTOMER certifies the conformity of the received PARTS with the ones ordered by the Application. When selling at a Kerchev and Sons outlet to verify the exact fulfillment of the request, the CLIENT's signature on the tax invoice or the goods receipt is sufficient.

17. Where the Application consists of several PARTS, parts may be executed. Accordingly, failure to perform or inaccurate performance for any of the PARTS does not interfere with the delivery of the other PARTS and the CLIENT owes them the agreed price.

18. In case of discrepancy between the Application and the delivered PARTS, the CLIENT must immediately notify Kerchev and Sons.

19. Delivery times for the PARTS are indicative and depend on their manufacturer or supplier.

20. In case of delay in the delivery of the PARTS beyond the specified period, the BUYER may terminate the contract for the respective PARTS only after the expiration of an additional suitable term, not less than 20 working days.

21. Kerchev and Sons shall not be liable for delayed or unfulfilled deliveries when the delay, respectively, the non-performance is not his fault.

 V. Warranty and liability.

22. Kerchev and Sons' warranty on the parts of the manufacturer John Deer is 12 months from the date of delivery, but not more than 36 months from their date of manufacture. For all other cases, the CUSTOMER shall use the guarantee provided by the manufacturer, insofar as such is provided.

23. The warranty liability of Kerchev and Sons is expressed in the repair or replacement of the defective PART at the expense of Kerchev and Sons. The cost of transport remains for the BUYER.

24. The liability of Kerchev and Sons for the performance of the contract is limited to the value of the contract and does not include lost benefits and / or damages suffered. The limitation of liability does not apply in cases of deliberate and gross negligence.

25. The warranty is void in case of improper transportation, storage or operation of the PARTS; breach of the manufacturer's requirement and / or recommendation, repairs or other intervention by unauthorized and / or incompetent persons.

26. Replaced defective spare parts are the property of Kerchev and Sons.

 VI. Other terms

 27. All notices between Kerchev and Sons and the CLIENT will be considered duly served if sent by mail, courier, fax or e-mail, and in certain cases under these Terms and Conditions, by telephone, addresses and contact details, mentioned in the specific Application.

27.1 The PARTIES further agree that they may exchange electronic statements within the meaning of ZEDEP. The addressee of the statement is obliged to reply within 3 days of sending it.

27.2 For the purposes of the agreement referred to in paragraph 27.1 above, the Parties shall indicate with the Application or other document the addresses for sending electronic statements on their own behalf.

27.3 The PARTIES agree that the electronic signatures affixed by them or their representatives have the power of a handwritten signature.

27.4 The PARTIES may not dispute the copyright of the content of electronic statements exchanged with the said emails.

27.5 Notwithstanding what has been agreed in the previous paragraphs 27.1 -27.4, these General Terms and Conditions are not allowed to be modified by exchanging electronic messages.

27.6 Each Party shall notify in writing not later than 3 days the other Party of any change in the contact details provided, otherwise the notices sent will be considered duly served and will have legal consequences in connection with the receipt. .

28. All disputes between the parties regarding a specific contract and these Terms and Conditions will be settled through negotiation. If they do not agree, they shall be referred to the competent court in Sofia for permission.

29. Bulgarian law shall apply to the application and interpretation of these General Terms and Conditions. If any of the conditions is invalid, this will not entail the invalidity of the other conditions or of these General Terms and Conditions as a whole; Kerchev & Sons reserves the right to change these Terms and Conditions. Kerchev & Sons publishes the current General Conditions for Agricultural Machinery Repair on its website at www.kerchevandsons.com. A copy of the same Terms and Conditions can be found at any of Kerchev's and Sons' service centers. These General Terms and Conditions have been approved and approved by the Managers of “Kerchev and Sons” OOD and have been in force since 01.07.2016.

GENERAL CONDITIONS FOR THE SALE OF AGRICULTURAL MACHINES BY KERCHEV AND SONS OOD

1. Application

1.1. These conditions are applicable to any sale of agricultural machinery and any provision of maintenance and repair services by Kerchev & Sons OOD. Any ordering of a product in response to a given offer shall be deemed to be in accordance with the General Terms and Conditions.

1.2. Any specific terms and conditions are agreed between the two parties and confirmed by written agreement. In the absence of such or specific specific conditions, these General Terms and Conditions apply.

2. Offers

1. The terms of the offer after its expiration may be changed without Kerchev and Sons OOD having an obligation to inform the client about the change.

3. Confidentiality Both parties have a firm commitment not to disclose or publish without the other party's express consent the information provided to them in connection with the transaction.

4. Technical specifications and documentation

4.1. Unless otherwise stated and confirmed in writing in the contract, it is assumed that the products will be delivered in quality according to the manufacturer's specification.

4.2. Kerchev & Sons Ltd. guarantees that the information provided in the technical documentation that is passed on to the customer along with the product is the best available.

4.3. The technical documentation on the product provided to the customer cannot be made available to third parties unless Kerchev & Sons Ltd. has given its prior written consent.

4.4. Each machine is delivered to the customer with an Instruction Manual in Bulgarian in accordance with the requirements of 4a of the Law on Technical Requirements for Products.

5. Obligations of Kerchev & Sons OOD - to deliver a quality product according to the specification or the contract; - provide technical documentation and instructions such as those sent by the manufacturer. These must be sufficient to enable the customer to operate the equipment safely.

6. Obligations of the client - to obtain in advance at his own expense any approvals and permits required under the local legislation for the assembly and operation of machines; - to provide access to specialists of Kerchev & Sons Ltd. for installation / diagnostics when the machine requires it and is included in the price; - to provide at its own expense a sufficient number of workers, equipment, tools and communications (as required by the supplier) for unloading, internal transport and relocation of the equipment during delivery, installation and repair; - if the Client fails to fulfill any of the above obligations, Kerchev & Sons OOD has the right to hire an external subcontractor and invoice to the client additional costs paid in connection with this; - when required to be repaired and maintained and included in the contract, to ensure and guarantee free and safe access of service technicians to the machine, including special measures for occupational safety and health; - the client is responsible for any inaccuracies, errors and omissions in the drawings and communication schemes provided in advance to the supplier and undertakes to make any necessary changes on his own account.

7. Delivery of machinery

Delivery of the equipment is carried out in accordance with the terms recorded in Incoterms 2010 in the offer. In order to avoid problems or inaccuracies in deliveries, Kerchev & Sons Ltd. usually supplies equipment under the DDP warehouse to the customer, or sells machines, tools and supplies directly from its service center. Different delivery conditions (with the exception of this) can only be negotiated in a bilateral agreement. Delay in the delivery of equipment may be subject to a claim for default interest up to the maximum of the statutory interest rate (ADR + 10 points per year) - the only form of compensation for the client, the latter having no right to claim liability for other damages. The Customer may not refuse to accept ordered and delivered equipment solely because of small defects or minor deviations in quantity.

8. Prices and payment

8.1. Kerchev & Sons Ltd. sells agricultural machines from a warehouse at 100% cash or deferred payment by bank transfer, with each client individually negotiating his terms.

8.2. In case of delayed payment deferral on the part of the client, Kerchev & Sons Ltd. has the right to charge a statutory interest for late payment in the amount (ADR + 10 points per year) on the amount due.

9. Transfer of ownership and risk

9.1. The ownership of the agricultural machines goes from Kerchev & Sons Ltd. to the client from the moment of full payment of the agreed price.

9.2. Unless otherwise agreed, all product risks are passed on to the customer upon delivery to the site specified in Incoterms 2010.

10. Scope of liability Under no circumstances will Kerchev & Sons OOD be liable for any damage or loss (including lost profit, loss from interruption of commercial or industrial activity, any other damage or loss from property or non-material nature) arising from the use or inability to use the products.

11. Dispute settlement Both parties to the transaction (Kerchev & Sons OOD and the client) undertake to seek agreement and settlement of any disputes through negotiation. In cases where no mutual compromise is reached, disputes shall be settled by the BCCI Arbitration Court or the Sofia City Court, with the application of Bulgarian commercial law.

12. General clauses

12.1. These General Terms and Conditions shall apply

12.2. Contract changes are only valid in writing and signed by authorized representatives.