GENERAL TERMS AND CONDITIONS

of BOKART d.o.o.

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions (hereinafter: the General Terms) apply to all offers, orders, contracts, deliveries and installations carried out by BOKART d.o.o. (hereinafter: BOKART) and form an integral part of every Offer. By accepting the Offer, paying an advance payment or approving a drawing, the Customer accepts these General Terms. The meaning of terms written with an initial capital letter is set out in the Appendix at the end of this document.

1.2. If the Offer, the approved Shop Drawing and these General Terms differ from one another, the provisions of the signed contract or any special terms shall prevail, followed by the Offer, then the approved Shop Drawing, and finally these General Terms. The Customer’s purchasing terms and conditions (e.g. those stated on a purchase order) shall not apply unless expressly accepted by BOKART in writing.

2. PRICES AND PAYMENT

2.1. Prices are specified in the Offer and are expressed per unit of measure and quantity or as a total agreed price, excluding VAT unless otherwise stated.

2.2. Prices may be revised following the Final Site Measurement and approval of the Shop Drawings if there has been a change in quantity, dimensions, method of execution, selected pattern or components of the offered product.

2.3. Prices are calculated on the basis of the quantity stated in the Offer and production within a single batch. If the quantity changes or the order is divided into several orders placed at different times, the price may change and a new written confirmation shall be required before further performance.

2.4. Prices are valid until the date stated in the Offer.

2.5. The method and schedule of payment are specified in the Offer. The advance payment is non-refundable to the extent that it covers costs already incurred for drawings, procurement of materials and production.

2.6. Delivered and installed products shall remain the property of BOKART until the agreed price has been paid in full.

2.7. In the event of late payment, BOKART shall be entitled to charge statutory default interest and to suspend further production, delivery or installation until all due amounts have been paid, with a corresponding extension of the applicable deadlines.

2.8. Transport and packaging prices are specified in the Offer. If, at the Customer’s request, transport or packaging is split into several deliveries, the price shall be revised.

3. DELIVERY TIMES AND COMMENCEMENT OF THE DELIVERY PERIOD

3.1. The delivery time stated in the Offer is indicative until all prerequisites for commencement of performance have been fulfilled.

3.2. The delivery period shall commence only on the date on which all of the following conditions have been cumulatively fulfilled:

the Final Site Measurement, if agreed, has been completed at a site prepared in accordance with Article 5,

the Shop Drawing has been approved in writing by the Customer or the Customer Representative,

the agreed advance payment has been received.

3.3. If fulfilment of any of the above conditions is delayed, the delivery period shall automatically be extended by the duration of such delay, without the need for any additional written approval or addendum.

3.4. Delivery times vary according to the type of product and are defined in the Offer or in an accompanying delivery-time document.

3.5. If the Customer postpones collection or installation of a completed product for more than 30 days from the notified date, BOKART shall be entitled to issue an invoice for the manufactured goods and charge storage at a rate of EUR 2.00 per m² of glass per day.

4. TECHNICAL DRAWINGS

4.1. Preparation of technical drawings and one revision based on the Customer’s comments are included in the price stated in the Offer.

4.2. Each additional revision of the drawings after the first revision may be charged at an hourly rate of EUR 45.00/hour.

4.3. All drawings prepared by BOKART constitute copyright-protected works and are the property of BOKART. They may not be used, reproduced, forwarded to third-party contractors or further developed without BOKART’s written approval, unless otherwise agreed.

4.4. The Customer shall provide written approval or comments on the submitted drawings within 72 hours (3 working days) of receipt. Failing this, the delivery period shall be extended by the duration of the Customer’s delay and the previously agreed delivery date shall cease to be binding.

4.5. By approving the Shop Drawing, the Customer confirms the dimensions, divisions, opening directions, hardware positions, type and thickness of glass, and the colour and finish of the profiles. BOKART shall not be liable where a product differs from the wishes of the Customer or Investor but complies with the approved drawing.

4.6. Any amendment to drawings that have already been approved may result in a change in price and an extension of the delivery period.

4.7. If production has commenced and an amendment to the drawing is subsequently requested, all resulting costs (production, storage, preparation of drawings and other costs) shall be charged additionally to the Customer, and the deadlines shall be extended in proportion to the duration of the interruption. Glass that has already been ordered or is in production cannot be cancelled.

5. SITE MEASUREMENT AND SITE READINESS

5.1. The price of measurement and the number of site visits are defined in the Offer. BOKART shall be entitled to charge each additional visit beyond the agreed number at EUR 80.00, plus travel expenses and per diem allowances if the site is located outside Zagreb.

5.2. The Customer shall ensure unobstructed access to the site and the technical conditions required to carry out the measurement. If measurement cannot be performed due to the site not being ready, the site being inaccessible, or the absence of the Customer or the Customer Representative, such visit shall be deemed used and shall be charged in accordance with Clause 5.1.

5.3. The Final Site Measurement may be carried out only when the site is ready, meaning that, within the product installation area:

the walls to which the product is to be fixed have been completed and finished (plastering, skim coating, reinforced plasterboard),

the finished floor with its final floor covering has been completed (tiles, stone, parquet, microcement, etc.),

the final wall finishes have been installed (tiles, stone, timber or other finishes),

suspended ceilings have been installed, or the substructure has been completed and confirmed by photographs in accordance with Article 7,

all other elements affecting the dimensions or position of the product have been installed (bathtubs, shower trays and channels, door frames, furniture, radiators, service outlets).

5.4. The Customer or the Customer Representative shall confirm that the site is ready before the Final Site Measurement visit. If, upon arrival, it is established that the site is not ready in accordance with Clause 5.3, the visit shall be deemed used and the delivery period shall not commence.

5.5. Measurement based on designed, assumed or verbally specified finish thicknesses, floor levels and positions (so-called “zero-level measurement” before completion of construction works) shall be carried out solely at the Customer’s express written request and at the Customer’s risk. The Customer shall bear responsibility for all deviations between the actual completed condition and the supplied data (thickness of tiles, adhesive and substrate, finished floor level, flatness and verticality, wall positions). Adjustment, modification or remanufacture of products, additional profiles and cover trims, and repeat visits shall be charged additionally, and the delivery period shall be extended accordingly.

5.6. The measurement records the actual condition of the site on the date of measurement. BOKART shall not be liable for deviations resulting from construction, finishing-trade or installation works carried out after the measurement.

5.7. Elements installed through or onto the glass (handles, shelves, brackets, lighting, sockets, holders, etc.) must be agreed before the Final Site Measurement and their positions marked on the wall or shown on the drawing. Finished toughened glass cannot subsequently be drilled or otherwise processed.

5.8. After the Final Site Measurement has been carried out, no elements affecting the dimensions or position of the product may be added, removed or relocated within the installation area without a repeat measurement, which shall be charged in accordance with Clause 5.1. Drawing changes requested without a repeat measurement shall be at the Customer’s risk.

INSTALLATION

6.1. Installation includes the quantities and works defined in the Offer.

6.2. All additional works not included in the Offer shall be charged at an hourly rate of EUR 45.00/hour per installer, together with any additional costs of materials, accommodation and per diem allowances.

6.3. Installation prices are based on daytime work on working days. Night work, weekend work or work on public holidays shall be charged additionally unless agreed in advance.

6.4. Special equipment (scaffolding, forklift, crane, glass manipulator, etc.) is not included in the installation price unless specifically stated in the Offer.

6.5. For installation, the Customer shall provide: a clear and clean installation area, electrical power and lighting, a dry and enclosed site, safe access and a suitable route for bringing in the glass (adequate passage dimensions, lift or staircase), and protection of finished floors and finishes in the work area. If these conditions are not provided, installation may be postponed and the site visit and waiting time shall be charged in accordance with Clauses 5.1 and 6.2.

6.6. Following completion of installation or handover, the Customer shall be responsible for protecting the installed products from damage caused by other contractors, dust, construction materials and chemicals. BOKART shall not be liable for damage occurring after handover.

6.7. Handover shall be carried out by means of a written handover record or confirmation by e-mail. The Customer shall report visible defects at handover and no later than within 3 working days. If the Customer or the Customer Representative does not attend the handover, the product shall be deemed accepted without reservations on the date installation is completed.

SUBSTRUCTURE AND LOAD-BEARING SUBSTRATE

7.1. For partitions, glass doors, pivot doors and shower enclosures fixed to suspended ceilings (plasterboard, timber, mineral tiles, etc.) or plasterboard walls, the Customer shall, before the ceiling or wall is closed, provide an appropriate load-bearing substructure at the installation position of the partition, shower enclosure or door.

7.2. Where a substructure is required for installation, BOKART’s first visit to the site shall be a Coordination Visit and not the Final Site Measurement. During the Coordination Visit, the position, dimensions and method of anchoring the substructure shall be agreed with the Customer or contractor, and BOKART shall provide a sketch or description. The Final Site Measurement may be carried out only after the substructure has been completed.

7.3. The Customer shall construct the substructure as agreed, mark its position on the ceiling or wall, and provide BOKART with photographs before the ceiling or wall is closed. Additional visits by BOKART to indicate the position or inspect the substructure are not required and shall be charged in accordance with Clause 5.1.

7.4. If, during measurement or installation, it is established that the substructure is missing, is not load-bearing or is not located in the agreed position, BOKART shall not be obliged to commence installation. The visit shall be charged as an additional visit in accordance with Clause 5.1 and the delivery period shall be extended.

7.5. BOKART shall not be liable for the functionality, stability or safety of a product installed on a substructure that BOKART neither constructed nor inspected, nor for damage to ceilings, walls or finishes resulting from an inadequate substructure. The Warranty does not cover defects, loosening or the need for adjustment resulting from settlement, deformation or insufficient load-bearing capacity of the substructure or substrate.

7.6. Before measurement, and no later than before approval of the Shop Drawing, the Customer shall notify BOKART in writing of all installations and services (water, electricity, heating, underfloor heating, ventilation, etc.) located within the installation and drilling area and shall provide any available installation drawings or photographs taken before the walls and floors were closed. BOKART shall not be liable for damage to installations or services of which it was not informed.