1. Definitions
In these terms: "Supplier" means ERAM Group Ltd.; "Customer" means the business entity placing an order; "Goods" means the products supplied; "Contract" means the contract between Supplier and Customer for the sale and purchase of the Goods incorporating these terms.
2. Basis of contract
The Customer's order constitutes an offer to purchase the Goods. The order is only accepted when the Supplier issues a written acknowledgement, at which point the Contract comes into existence. These terms apply to the Contract to the exclusion of any other terms the Customer seeks to impose or which are implied by trade, custom, practice, or course of dealing.
3. Specifications
The Customer is responsible for ensuring that the Goods ordered are correctly specified for the intended use. Technical pre-sales support provided by the Supplier is given in good faith but does not constitute a warranty of fitness for purpose beyond the manufacturer's published specifications.
4. Price and payment
Prices are quoted exclusive of VAT, customs, and applicable taxes which are charged in addition. Payment terms for B2B accounts are net thirty days from invoice date unless otherwise agreed in writing. Late payment attracts statutory interest under applicable Kosovo law (Law on Obligations) plus reasonable recovery costs.
5. Delivery
Delivery dates are estimates only. The Supplier shall use reasonable endeavours to meet stated delivery dates but shall not be liable for any delay or failure to deliver caused by circumstances beyond its reasonable control. Risk in the Goods passes to the Customer on delivery. Title in the Goods is retained by the Supplier until payment is received in full in cleared funds.
6. Acceptance and returns
The Customer must inspect the Goods on delivery and notify the Supplier of any visible damage, shortage, or non-conformity within five working days. Goods may be returned only in accordance with the Supplier's returns procedure as published from time to time.
7. Warranty
The Goods are sold with the manufacturer's published warranty applicable to the brand and product line at the time of sale. Manufacturer warranty terms are provided on request and on the e-commerce property. The Supplier provides no warranty additional to the manufacturer's warranty unless expressly agreed in writing.
8. Limitation of liability
Subject to applicable law, the Supplier's total liability to the Customer in respect of any Contract shall not exceed the price paid for the Goods giving rise to the claim. The Supplier shall not be liable for indirect or consequential loss, loss of profit, loss of business, or loss of goodwill. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under applicable law.
9. Force majeure
Neither party shall be liable for any failure or delay in performance of its obligations under the Contract arising from any circumstance beyond its reasonable control including but not limited to act of God, war, terrorism, civil disturbance, governmental action, pandemic, transport disruption, or failure of utilities.
10. Anti-corruption
Each party shall comply with all applicable anti-bribery and anti-corruption laws and shall not engage in any activity that would breach those laws. The Customer acknowledges receipt of and shall comply with the principles of the Supplier's anti-corruption policy where applicable.
11. Data protection
Each party shall comply with applicable data protection law including GDPR (EU 2016/679) and Kosovo Law 06/L-082 in respect of personal data processed in connection with the Contract. The Supplier's processing of personal data is described in its data protection policy.
12. Governing law and jurisdiction
The Contract is governed by the laws of the Republic of Kosovo. The courts of Pristina, Republic of Kosovo, shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with the Contract, subject to either party's right to seek interim relief in any court of competent jurisdiction.
Version [x.y] · effective from [date]. ERAM Group Ltd., Str. Bajram Gashi, no. 212, 14000 Lipjan, Republic of Kosovo.