General Business Terms and Conditions
General Business Terms and Conditions
The General Terms and Conditions of the VIESSMANN TRADE COMPANY, LIMITED LIABILITY COMPANY, BELGRADE (VOŽDOVAC), 3 Tabanovačka str, Company registration No.: 17562819, Tax ID:103408655 (hereafter Viessmann DOO / Viessmann DOO Belgrade) regulate mutual relations between the company Viessmann DOO and Buyers and / or service users.
1. General Provisions
- General Terms and Conditions of Sale and Delivery, i.e. General Business Terms and Conditions (hereafter General Terms and Conditions / General Business Terms and Conditions) are available to all the users of goods and services of the company Viessmann DOO Belgrade on the company's website https://www.viessmann.rs/.
- General Terms and Conditions contain standard conditions that shall apply to all Buyers / users of services when business relations between Buyers / users of services and the company Viessmann DOO are established, and which relate to the communication procedure, conditions for performing all agreed tasks and other issues relevant to the business in order to ensure the application of good business conducts and good business practices.
- The General Terms and Conditions may be changed, supplemented or replaced over time, of which Viessmann DOO Belgrade notifies Buyers / users of services in writing. Viessmann DOO Belgrade has an exclusive right to make changes and additions.
- Deliveries, services and offers of the company Viessmann DOO shall be made exclusively according to the stipulated Business Terms and Conditions. These General Terms and Conditions apply to all future business relationships, even if their application is not explicitly agreed and explicitly stated. In all cases, the provisions on the right of ownership, additional security and exclusion of the right to compensation stated in these Terms and Conditions shall be valid as agreed.
- Business Terms and Conditions shall be considered accepted, latest at the time of receipt of the goods or services. General business terms and conditions of Buyers / users of services shall be considered agreed only if they are in accordance with these Business Terms and Conditions. Any return or receipt of goods or payment or refund without objection on behalf of Viessmann DOO shall not in any way imply confirmation of any other business terms and conditions. This shall dispute any contrary claims of the Buyer / service user by which they may refer to their own business or purchase terms and conditions. Other business terms and conditions, as well as amendments to these Business Terms and Conditions, shall apply only if confirmed in writing by Viessmann DOO.
- Business mail received through data processing programs (e.g. order confirmations, invoices, receivables, account statements, payment reminders) shall be valid without a signature.
- According to the provisions of the Law on Personal Data Protection which regulates this subject area in the Republic of Serbia, the company Viessmann DOO Belgrade informs Buyers / users of services that personal data submitted to the company, and which the company accesses during the implementation of agreed business, shall be used exclusively for business purposes and in order to realize agreed legal transactions and concluded contracts, and that these shall be electronically processed and used only within the company Viesmann DOO Belgrade.
- If any provision of these Terms and Conditions is not valid in full or in part, it shall not affect the validity of other Terms and Conditions, which the user of goods and services of the company Viessmann DOO accepts on the date of entry into force of these General Terms and Conditions. In the event that any of the provisions of these General Terms and Conditions are invalid or void at any time or if they are declared invalid or void by a court or another authority, such invalidity or nullity shall not prejudice the validity of other provisions of these General Terms and Conditions, which shall be considered individually valid. In the event of such invalidity or nullity, the Contracting Parties shall take all actions reasonably necessary to achieve the purpose of the invalid or void provision, including amendments to these General Terms and Conditions, as long as they are in accordance with applicable laws and other regulations.
2. Information on the Viessmann DOO legal entity
Viessmann d.o.o. Belgrade
3 Tabanovačka Street
(Post Address Code- PAK: 160111)
Company registration No: 17562819
Tax ID: 103408655
Activity Code: 4674 Wholesale of hardware, installation material and heating and air conditioning equipment and supplies
Bank account numbers:
Tel.: +381 11 3097887, +381 11 3097077
Fax: +381 11 3097886
Contact E-mail: firstname.lastname@example.org
Viessmann Headquarters in Allendorf
Viessmann Werke GmbH & Co. KG
35108 Allendorf (Eder)
Telephone: 00 49 6452 70-0
Fax: 00 49 6452 70-2780
3. Definition of Terms
Certain terms, which are used in the General Terms and Conditions, have the following meaning:
Contract is a sales agreement between Viessmann DOO Belgrade and the Buyer / service user, together with the General Terms and Conditions, supplements and attachments, which, over time, may be amended and supplemented.
Buyer is a legal entity or a natural person registered in the appropriate register, who orders goods and services from the company Viessmann DOO Belgrade.
Business Partner is an enterprise, company or sole proprietor who signs the Contract.
Contracting Parties / Parties is always the company Viessmannn DOO on the one side, and the Buyer / service user on the other side.
Order is an order in written or electronic form accepted by Viessmann DOO Belgrade.
Service is a service provided by the company Viessmann DOO Belgrade for a fee per an order / contract.
Third party services is the provision of services by business partners, who are not members of the company Viessmann DOO and are not considered persons related to the company Viessmann DOO in terms of the Corporate Income Tax Law ("Official Gazette of RS", No. 25/2001, 80/2002, 80/2002 - other law, 43/2003, 84/2004, 18/2010, 101/2011, 119/2012, 47/2013, 108/2013, 68/2014 - other law, 142/2014, 91/2015 - authentic interpretation, 112/2015, 113/2017, 95/2018 and 86/2019), but the provision of the services is approved by Viessmann DOO.
Commissions mean commissions and other duties, determined by the General Terms and Conditions, supplements or notices issued by Viessmann DOO Belgrade.
Right is an act, statute or regulation, guide or general terms and conditions, which have the value of a Law regardless of the jurisdiction in which Viessmann DOO and the client / service user shall be.
Delivery is a confirmation of delivery of products and services.
Viessmann/Viessmann DOO is the TRADE COMPANY, LIMITED LIABILITY COMPANY, BELGRADE (VOŽDOVAC), 3 Tabanovačka str., Company registration No: 17562819, Tax ID:103408655, which is a Party of these General Terms and Conditions.
Goods is the purchase of goods and services approved by Viessmann DOO Belgrade to the Buyer / service user in accordance with the General Terms and Conditions.
Day is a calendar day, unless the Contract explicitly states otherwise.
Invoice is a financial document, issued on paper or in electronic form, containing information on transactions.
E-invoice is an application that contains invoices in electronic form.
Wholesale is the purchase of goods for resale and / or provision of services to legal or natural persons entered in an appropriate register.
Retail is the sale of goods and / or the provision of services to consumers in order to meet personal or household needs.
4. Offer and Conclusion of Contracts
- Contracts, offers, framework contracts, delivery contracts, delivery orders and schedules, as well as their amendments are valid in writing. The conclusion of contracts and agreements shall become binding only with a written confirmation or delivery by the company Viessmann DOO Belgrade, where in the latter case the invoice replaces the confirmation of the contract. The same applies to supplements, changes or additional agreements.
- Offers by Viessmann DOO are subject to change and may not be submitted to a third party.
- Drawings, pictures, dimensions, weights or other capacity data in prospectuses, circular offers, price lists, other publications or Viessmann offers and / or documents, which are part of them, are only approximately relevant. The above documents contain guarantees only when Viessmann DOO explicitly indicates them as such in writing.
- Viessmann DOO Belgrade reserves the right to make changes in production. Viessmann DOO does not undertake to make the aforementioned changes to already delivered products.
- Deviations from the offer and price list or other proposals shall not take effect until Viessmann confirms them in writing.
- Viessmann DOO retains ownership, copyright and other rights in the software programs and documents included in the offer (e.g. images, drawings, descriptions). The end user may use them in accordance with the provisions and make them available to a third party only if they are designated for forwarding and if written consent has been given by the company Viessmann DOO Belgrade.
- The prices of goods and services are determined by the Contract, in compliance with all positive legal regulations concerning payment operations and foreign exchange operations.
- Unless otherwise agreed, the costs of packaging and transportation, as well as the value added tax effective on the day of delivery, shall be added to the sales prices of the company Viessmann DOO Belgrade.
- All significant cost increases incurred no later than two months after the conclusion of the Contract, apart from the provisions of the previous Point, and in case the Buyer does not take over the goods in accordance with the Contract, which may result in an increase in all forms of expenses of the Provider (material costs, salary costs, energy costs, legal provisions, etc.) shall represent a basis for additional charge, in accordance with the positive legal regulations of the Republic of Serbia.
- For the Orders for which no price has been agreed, the current prices of Viessmann DOO on the day of delivery shall apply.
- Viessmann DOO Belgrade can make special agreements with third parties to make the delivery process more optimal and flexible.
6. Terms of Payment, SEPA (Single Euro Payments Area) Payment System
- If the Contract does not include an agreement on the method of payment, then the Buyer shall adhere to the payment deadline stated on the commercial documents of Viessmann DOO (offer, order confirmation, invoice), which are in his name. All subsequently approved discounts to the Buyer, book approvals, etc., must be the subject of renegotiation, and their approval shall be independent of the payment. Payments shall be made independently of the receipt of the goods and of any reports of defects in the goods.
- Unless otherwise agreed, invoices issued by Viessmann DOO shall be paid no later than 45 days after the invoice is issued. The payment is considered made from the day when the company Viessmann DOO receives the payment and can use the funds.
- Payments are made by bank transfer as a rule, unless otherwise agreed.
- The place of payment is Belgrade.
- In case of exceeding the agreed payment deadline, the Buyer / service user falls in arrears without prior notice. The Buyer / user of the service also falls in arrears when he does not make the payment even after receiving the reminder, which is given after the due date of the purchase price.
- No payment delay or settlement shall be allowed due to any outstanding counterclaim of the Buyer / user of the services disputed by Viessmann DOO.
- In case of earlier than agreed deliveries of goods and services, the due date shall depend on the agreed delivery date.
- Bills of exchange and bank guarantees shall be accepted only by agreement and only on condition that this is possible in individual cases. The Buyer and / or service users shall bear the discount and other costs.
- Viessmann DOO has the right, notwithstanding other provisions of the Buyer, to charge payments of previous receivables first. If costs and interest have already been incurred, the company shall have the right to write off the payment first in the name of the costs, then in interest and finally in the name of the principal debt.
- If the payment deadline is exceeded, Viessmann DOO has the right to charge default interest in the amount of statutory default interest. In the event of a delay, Viessmann is entitled to charge a default interest rate in the amount of the bank's usual interest, statutory default interest over the statutory base interest rate. The Buyer and / or service user is in arrears if he has not made the payment within the deadline specified in the reminder or by the date specified as the payment deadline. Viessmann DOO Belgrade reserves the right to prove additional damage in case of delay.
- If the Buyer / service user does not settle his payment obligations, does not give bills of exchange to Viesmann DOO - in accordance with the provisions of the Contract and the provisions of these General Terms and Conditions, does not comply with the payment terms, and / or contrary to good business practice makes the collecting of payments difficult by means of any legal, contractual or non-contractual relationship, as well as by introduction of a procedure aimed at regulating debts, Viessmann DOO Belgrade has the right to immediately realize all its claims, including but not limited to the collection of all forms of damages in accordance with the positive legal provisions of the Republic of Serbia, all regardless of the term of the received and unrealized bills of exchange and which the Buyer / service user is obliged to bear. In addition to the above, but not limited to the mentioned, Viessmann DOO has the right to make unpaid deliveries only upon an advance or a guarantee. If the advance or the guarantee is not paid after the expiry of the specified period, Viessmann has the right to withdraw from the Contract and / or Offer in respect of unperformed services, with the consequence that all rights of the Buyer and / or service user in connection with unperformed deliveries cease. In all the above cases, as well as in any other case of non-fulfilment of contractual obligations by the Buyer and / or service user, Viessmann DOO Belgrade instead of withdrawal of goods and / or termination of services may activate its ownership in accordance with the provisions of these General Terms and Conditions.
- Viessmann DOO reserves the right to settle all receivables from the Buyer / service user, including but not limited to all receivables due by the Buyer / service user to Viessmann DOO for the delivery of goods or other legal reasons.
- Withholding of payments and set-off of receivables is possible only if the counterclaim of the Buyer / service user is undisputed, or it has been legally established.
7. Ownership Right and Additional Security
- The goods remain exclusive property of the company Viessmann DOO until the full payment of the total liabilities incurred in the business relationship with the Buyer (including any additional receivables and any receivables incurred in the interest of the client). The issued and valid invoice is a proof that everything stated in it is an exclusive property of Viessmann, until the final payment of the total debt that exists on the part of the Buyer and / or recipient of services. Any extended or enhanced reservation of ownership by the Buyer / service user is excluded.
- Processing or modification of goods delivered by Viessmann DOO and still owned by Viessmann is done on behalf of Viessmann, but without obligations of Viessmann. If the ownership of Viessmann DOO ceases due to a merger, then the co-ownership of the common goods shall pass to Viessmann in a certain value (in the value of the invoice). The Buyer shall keep the co-ownership of Viessmann DOO free of charge and professionally.
- The Buyer and / or service user has limited right to process and sell goods in proper current affairs, whereby in case of loss of property or alienation before payment of debts in full, he shall be obliged to compensate the damage, lost profits and impaired value, as well as other forms recognized by the commercial law, with the application, if agreed, of certain customs and INCOTERMS and other relevant bilateral and multilateral conventions if their application is not excluded by the positive legal provisions of the Republic of Serbia.
- For security reasons, the Buyer / service user hereby already assigns all receivables belonging to him, including receivables from the current account, from the sale, processing or merger of goods delivered by Viessmann DOO; this applies equally to customer requests for other legal reasons (insurance, unauthorized handling, etc.) against goods with restricted disposal.Without further deliberation, the Buyer hereby transfers to Viessmann DOO all security rights that belong to him towards his clients in proportion to the value of the incurred receivables and rights towards Viessmann within the extended restriction of the right of disposal; if this is not possible, the Buyer includes Viessmann in the internal relationship. The Buyer authorizes Viessmann to claim receivables on his behalf for Viessmann's account, when the Buyer is no longer authorized to claim receivables on his own behalf under the existing regulations. If the Buyer has not fulfilled his obligations to Viessmann or the circumstances provided for in these General Terms and Conditions arise, the Buyer shall, at Viessmann's request, disclose the assignment of the claim and provide the necessary information and documents. Viessmann DOO also has the right to show the debtors of the Buyer the assignment of claims and to demand collection of payment.
- The delivered goods may not be mortgaged or transferred without the consent of Viessmann DOO. If a third party wishes to have access to the restricted goods, the Buyer shall immediately inform them that it is the property of Viessmann DOO, and Viessmann shall immediately inform and provide them with the necessary assistance to preserve Viessmann's rights.
- In the event of the Buyer's breach of the Contract - in particular in the event of late payment - Viessmann has the right to exercise the retention of ownership right and to immediately demand the return of the restricted goods and to exercise direct possession autonomously or, through an authorized party, or to request the withdrawal of the Buyer's claim against a third party. Exercising the right to retain ownership does not mean terminating the Contract.
- If the total value of the collateral available to Viessmann exceeds its claims by more than 10%, then Viessmann shall be obliged, at the Buyer's request, to release the collateral of the Buyer's choice.
8. Delivery and Service Deadlines
- Terms and deadlines for delivery are determined by the Contract.
- Terms and deadlines for delivery and services of Viessmann DOO are only approximately valid, unless confirmed by calendar provisions.
- Delivery deadlines or deadlines for the provision of services are met if the subject of delivery has been delivered in accordance with the contractual provisions until their expiration, or if a notice has been given that the goods are ready for dispatch, or if the service has been provided.
- Deadline for delivery and execution of services is extended appropriately according to measures within labour disputes, especially in the case of strikes and work suspensions, as well as when unforeseen circumstances beyond our influence occur, if those circumstances have a significant impact on the production or delivery of items or on the implementation of the service. This also applies when circumstances arise with Viessmann's suppliers, as well as when they occur during Viessmann's delay. Viessmann shall, in important cases, notify the Buyer as soon as possible of the start and end of this type of deterrence.
- In the case of exceeded deadline for delivery and execution of services, the Buyer has the right to give Viessmann a new appropriate deadline for delivery, i.e. service, and to terminate the Contract upon unsuccessful expiration of the subsequent deadline. The Buyer and / or service user shall not be entitled to claim any damages due to exceeded deadline on any legal basis.
- If delivery is delayed due to reasons pertaining to the Buyer, one month after the announcement / notification by Viessmann DOO that the company is ready for delivery, he (Buyer) shall be charged the costs incurred due to storage, whereby Viessmann DOO shall have the right to claim ½ of the value of goods for each month which has started.
- The precondition for adhering to the delivery and services deadline is the fulfillment of the Buyer's contractual obligations.
- Viessmann DOO shall have the choice of the type of transport, the means of delivery, the route of transport and the scope of the necessary means of protection, the choice of freight forwarder or carrier, as well as the packaging. This is done according to Viessmann measurements and common regulations to avoid any damage. At the Buyer's request, the shipment of goods may be insured at his expense for the event of theft, breakage or damage during transport, fire and flood, as well as other risks subject to insurance.
- Partial deliveries shall be allowed.
- Viessmann DOO shall notify the Buyer and / or service user of any foreseeable delays immediately and in writing. The Buyer and / or service user shall not be entitled to claim any damages due to delay on any legal basis.
9. Place of delivery
The place of delivery is, as a rule, regulated by the Contract.
If the place of delivery is not specified in the Contract or delivery order, and there is no way to unambiguously determine the place of delivery from the Contract, then the place of delivery shall be considered the warehouse of Viessmann DOO, and the goods shall be considered delivered when made available to the Buyer.
10. Transportation Costs
The costs of shipping - transportation of goods to the Buyer are always borne by the Buyer, unless otherwise agreed in writing.
11. Transfer of Risk
- The risk passes from the Provider to the Buyer at the moment when the goods are handed over to the freight forwarder, carrier, and delivery person. In the event that Viessmann DOO delivers the goods, Viessmann shall bear the risk until delivery to the place of receipt.
- The time of transfer of risk from the Provider to the Buyer stated in the aforementioned Point shall also apply to the free-of-charge deliveries or to the deliveries at the expense of the Provider.
- The provisions in the above two Points also apply to partial deliveries.
- The delivered undamaged goods shall be taken over by the Buyer, even if they show minor defects.
- Complaints due to incomplete or incorrect delivery shall be indicated by the Buyer immediately upon receipt of the goods on the delivery note, or on the consignment note, or Viessmann DOO shall be notified in writing no later than 8 days after receipt of the shipment, if incomplete or incorrect delivery is noticed by the Buyer, his assistants or his client, with the usual care. Otherwise, it shall be considered that the delivery is approved and that it corresponds in all respects to the ordered goods as per the Contract.
12. Force Majeure
During the period of force majeure, the obligations of both contracting parties shall be suspended. Force majeure, in accordance with these General Terms and Conditions and the Contract, is an unforeseen or inevitable event of an extraordinary nature that occurred after the conclusion of the Contract (earthquakes, war, norms of immediate application, strikes, epidemic, pandemic, etc.).
A Contracting Party, which is unable to perform its obligations due to force majeure, shall notify the other Contracting Party of the type of force majeure in due time, as well as of the possible consequences for the performance of the Contract. If the notice is not sent, the resulting damage must be settled.
All future circumstances that may arise, which cannot be influenced by Viessmann DOO, and which make the fulfilment of the Contract permanently or temporarily impossible, release the company Viessmann DOO from liability, and thus, from the obligation to compensate damages.
If either Contracting Party fails to fulfil an obligation under the Contract for situations beyond their control or a risk which may presuppose them, then the Contracting Party suffering from such a circumstance shall be released from liability for as long as such circumstances persist. A Contracting Party that suffers due to force majeure is obliged to take all necessary efforts or measures to mitigate the effects of the force majeure in the greatest possible form. In the event of force majeure, the Contracting Party affected by the force majeure shall without delay notify the other Contracting Party in order to specify planned duration of the force majeure.
The Contract may be terminated by a Contracting Party which shall no longer have any interests due to a long-term force majeure, provided that the force majeure lasts more than 90 days.
Viessmann DOO shall take all reasonable precautions and at all times ensure that there is an alternative plan regarding the force majeure reason, to ensure that, as far as possible, regardless of the force majeure reason, the obligations of Viessmann DOO under the Contract are met, without termination or amendment as well as in accordance with all other provisions of this Contract.
In the event that the Buyer / service user receives a notification, or based on Viessmann's justified opinion there is a probability for this, or such a need arises from the circumstances, Viessmann may temporarily appoint a third party to cooperate, to whom they shall provide all necessary information and assistance with the aim to perform the Contract. Additional costs associated with such temporary engagement shall be borne by the Buyer and / or service user, including the difference up to a top amount for the services provided for in the Contract.
13. Transportation and installation
- If Viessmann DOO performs transport and installation in accordance with the agreed and concluded Contract, or in accordance with the provisions and data from the issued invoice and / or by agreement, the Buyer and / or service user is obliged to provide the necessary preparations in a timely manner. For larger products, this is, for example, a proper and secured access for the truck to the entrance of the building.
- Prior to the installation, all masonry and other works must be almost finished, so that the installation can begin immediately upon the arrival of the installer and can be performed without interruption.
- If the installation has to be stopped due to, for example, unfinished masonry and other preparations, the Buyer and / or the user must ensure adequate storage of the unassembled components and take all measures to protect their own property. The Buyer and / or service user bears additional costs, for example for waiting of the installer and their additional travel costs.
14. Return of Goods, Cancellation
- In case of ordering an excess of goods, those can be returned only with a prior agreement and only if the goods are undamaged and in the original packaging. In case of refund / agreed cancellation, the incurred costs are credited to the Buyer and / or service user.
- Return of goods in certain cases is impossible for special products that are not in the price list of the company Viessmann DOO Belgrade.
When doing business with natural persons entered in the appropriate register, positive legal provisions of the Republic of Serbia are applied pertaining to conformity, and accordingly it is assumed that the delivered goods are in accordance with the Contract:
1) if they correspond to the description and if they have the features of the goods given by Viessmann DOO to the Buyer as a sample or model;
2) if they have the features required for the particular use for which they were purchased by the Buyer, which Viessmann DOO knew or must have known at the time of the conclusion of the Contract;
3) if they have the features necessary for the regular use of goods of the same kind;
4) if in terms of quality and functioning they correspond to what is usual for goods of the same type and what the Buyer can reasonably expect given the nature of the goods and public promises about the special features of goods given by Viessmann, manufacturers or their representatives, especially if the promise is made through advertising or on the packaging of the goods.
Viessmann DOO accepts liability for non-conformity of the delivered goods to the Contract if:
1) it existed at the time the risk was transfered on to the Buyer, regardless of whether he knew about the non-conformity;
2) it occurred after the transfer of risk to the Buyer, if it originated from a cause that had existed before the transfer of risk to the Buyer;
3) it could be easily noticed by the Buyer, if Viessmann DOO stated that the goods were in conformity with the contract.
Viessmann DOO shall not be liable for non-conformity if at the time of concluding the Contract it was known to the Buyer or could have not remained unknown to him that the goods were not in conformity with the Contract, or if the cause of non-conformity was the material provided by the Buyer.
Viessmann is not bound by a public promise regarding the features of goods if:
- it did not know or could not know of the promise given;
- a correction of the promise was published before the conclusion of the contract;
- the promise could not influence the Buyer's decision to conclude the contract.
If the delivered goods are not in conformity with the Contract, the Buyer who has notified the provider of the non-conformity, has the right to demand from the provider to eliminate the non-conformity, free of charge, by repair or replacement, or to demand an appropriate reduction of the price or to terminate the contract in respect of those goods.
The provider is responsible for the non-conformity of the goods to the contract that occurs within two years from the date of transfer of risk to the Buyer.
* Note: section under XV of these General Rules applies only to natural persons
16. Notice on Defects
Upon receipt of the delivery, the Buyer and / or service user shall immediately perform an identification check and check the quantity in accordance with the delivery documents, and look for any obvious damage in transport or other recognizable external damage. If during such a check the Buyer and / or service user discovers defects, they shall immediately and without delay inform Viessmann DOO Belgrade. The Buyer and / or service user shall notify the company Viessmann DOO of all other defects that are not discovered after such an inspection within a reasonable time, and in accordance with the warranty periods specified in these General Terms and Conditions.
17. Liability in Case of Error and Other Liabilities
In the event of a delivery error, excluding further claims, Viessmann shall be liable as follows:
- If Viessmann DOO products (and / or services provided) have not yet been delivered to the Buyer's customers or the Buyer uses them for his own needs, from the moment of delivery, Viessmann DOO shall be liable to the Buyer and / or user within the following deadlines that Viessmann products have no defects at the moment of transfer of risk onto the Buyer.
- ___ years for heat producers, water heaters, solar collectors, heat exchangers except electrical and mechanical components (fittings, burners, controls, etc.)
- ___ years for all other products, services, electrical and mechanical components (replacement, repair and maintenance). As stated in the Offer or Contract of Viessmann DOO, the claim for liability for the installation technique, as well as Viessman's special conditions of sale for the installation technique, may become obsolete. This includes all products or services that are offered exclusively by a project. Conclusion of a maintenance contract and proof of maintenance, as well as adherence to the supply of gas, liquid fuel, water and combustion air in accordance with the product documentation and sales documentation are prerequisites for the liability. Immediately upon receipt, the Buyer should inspect the goods according to the positive legal regulations of the Republic of Serbia. Identified deficiencies should be indicated on the delivery note, receipt or consignment note or - if verification is not possible immediately - report on them in writing within 8 days. It should be noted on the delivery note, receipt or consignment note that there is no possibility to immediately inspect the goods in case of exclusion of warranty.
- The warranty shall not cover damage caused to equipment and / or other items due to improper handling of the Buyer / or service personnel or third parties, as well as in the absence of conditions for its normal functioning defined by the declaration of the equipment manufacturer.
- If the Buyer omits the check, i.e. the warning according to the above, he cannot claim the right to compensation, the right to compensation for damages due to the defects.
- Warranty claims shall in any case be legally valid within 24 months from the delivery of the goods for use, unless otherwise specified in the warranty card.
- Handing over the goods for use means that the device has been put into operation by an authorized person, that the user has been trained for use and that the user instructions have been delivered.
- The precondition for securing the warranty is a completed warranty card and the absence of outstanding receivables related to the subject of delivery.
- The burden of proving that there are defects at the time of delivery is borne by the Buyer and / or the service user.
- If the delivered goods have defects, the Buyer and / or service user has the right only to a repair or a replacement at the choice of Viessmann and within a reasonable time.
- Only if the repair or replacement fail, there is the right to a price reduction. The Buyer and / or service user shall not be entitled to any other request, in particular to the cancellation of the Contract for some legal reason. The Buyer shall be obliged to allow Viessmann DOO to carry out repairs that Viessmann deems necessary at the end user. The Buyer and / or service user in particular should ensure that Viessmann has the necessary time to undertake the necessary checks, repairs and additional deliveries and has good access to the installation, even if the installation is already fixed and fitted by the end user. Additional costs incurred due to difficult access to the installation or due to insufficient work space, in any case are borne by the Buyer and / or service user.
- There are no warranty for used goods, consumable parts and accessories.
- The warranty shall not cover damage caused to the equipment and / or other items due to unprofessional handling of Buyer / or service personnel or the third parties and in the absence of conditions for its normal operation defined by the declaration of the equipment manufacturer.
- Spare parts produced by Viessmann shall become the property of Viessmann DOO. The installation and replacement costs are borne by Viessmann's Contractual Partner.
- The right to compensation is excluded if the partner of the company Viessmann DOO Belgrade does not use Viessmann's spare parts according to the Contract.
- Travel and postage costs incurred due to the obligation to compensate the damage shall be borne by the Buyer and / or service user.
- Damage claims shall apply to Viessmann as a Contracting Party only if they arose out of negligence or intent. This does not apply to a personal injury.
- Compensation for indirect damage, impairment and / or lost profits is excluded.
- It is the duty of Viessmann's Contractual Partner to prove the fault of Viessmann DOO.
- Viessmann DOO shall be released from any obligation if the goods are delivered without protective measures at the explicit request of Viessmann's Contractual Partner.
- Viessmann's Contractual Partner shall be obliged to comply with all the manufacturer's instructions for use that he has received, especially the maintenance regulations and operating instructions. If there is any ambiguity, it is necessary to contact us for clarification. Viessmann DOO shall not compensate for defects or damages caused by non-compliance with instructions, self-initiated modifications of goods or if we are not asked to clarify the ambiguities.
- If the goods are manufactured according to the plans, designs or models of Viessmann's Contractual Partner, then Viessmann DOO shall be only responsible for the production with sufficient data and delivery corresponding to the order. Compensation in particular shall not apply to damage caused by poor design and / or construction. Viessmann shall not be obliged to point out deficiencies in the plans and / or construction.
- For third-party products that are an important part of the goods supplied, Viessmann's obligation to reimburse shall be limited - if permitted - to the assignment of claims that Viessmann DOO has against the supplier of the third-party product.
- For spare parts and repairs delivered free of charge, a warranty is given to the same extent as for the originally delivered item, but limited in time until the end of the warranty period of the originally delivered item. During the negotiations on complaints, Viessmann DOO does not waive the objection that the Buyer's report on the defect of the goods is not timely or complete, and the negotiations on complaints shall not extend the statute of limitations. Persons who have an authorisation to verify deficiencies are not authorized to admit deficiencies with effect against Viessmann DOO. Viessmann DOO shall not accept a warranty for assurances given by the Buyer and / or service user to the end user or for damages caused directly or indirectly by him. There shall be no liabilities to compensate for damage or defects caused by improper or incorrect use, poor installation or commissioning by the Buyer or the third party, unusual usage, incorrect or careless handling, use of improper means of work, especially due to incorrect burner selection or burner adjustment, application of inappropriate energy sources, chemical or electrochemical or electrical influences, non-compliance with installation, operation and service instructions, as well as inadequate changes or repairs by the Buyer or the third party, and due to effect of foreign parts (e.g. boiler circuit regulation).
- A prerequisite for recognizing the warranty for all Viessmann products is the mandatory fulfilment of all annexes to the concluded Contract, including but not limited to Viessmann's water quality guidelines, that the equipment is instigated by an authorized Viessmann service department, with a certified warranty card.
- We explicitly point out that the warranty obligation shall not apply when consumables such as, for example, burner nozzles, low-emission burner inserts, fuses, seals, firebox liners or ignition and monitoring devices exposed to flame are worn out by natural use. The obligation to compensate is excluded for damages caused by airborne impurities, large dust, aggressive vapours, corrosion due to oxygen - especially when plastic pipes are used in underfloor heating that are not diffusely sealed - due to installation in inadequate rooms or due to further application despite the deficiencies.
- Viessmann DOO shall be especially released from warranty if, after notification of the defect, there is no necessary time or opportunity provided which, in Viessmann's estimation, is needed to undertake the necessary repairs or for the delivery of spare parts.
- If a third party has invoked Viessmann's Contractual Partner for liability for damages, regressive claim against Viessmann DOO Belgrade is excluded.
- Viessmann's Contractual Partner shall fully inform all persons to whom it allows the use of goods or to whom it sells goods of all available instructions for use, safety regulations and warnings of hazards at work and transfer this obligation to the Buyer and / or service user.
- Provisions of the Contract in favour of the third party are excluded. If a foreign Buyer and / or user has invoked liability as an importer due to defects in the product supplied by Viessmann, Austrian law applies to any recourse. If in such a case Viessmann's liability is less according to the foreign legislation than according to the provisions of Austrian law, then the amount of the regressive claim shall be estimated according to the more favourable legislation for Viessmann.
18. Intellectual Property
Conclusion of the Contract with the Buyer and / or service user shall not constitute the transfer of intellectual property, i.e. contract on the transfer of copyright rights. The Parties agree that Viessmann DOO (or related parties) remains the owner of patents, trademarks and any other intellectual property owned before or on the day of concluding the Contract with the Buyer and / or service user, and that it arose outside and independently of legal transactions with the Buyer and / or service user. The Buyer and / or service user shall do or fail to do any action (or if he has to prevent, just allow some action to which he is otherwise obliged) which may endanger or compromise any intellectual property right of Viessmann DOO .
19. Confidentiality and Data Protection
By signing the Contract, the Buyer and / or service user authorizes Viessmann to process personal data, including sensitive data ("Personal Data") to which Viessmann may have access in connection with or as a result of the implementation of the Contract. Viessmann DOO Belgrade is authorized to process Personal Data in any way that may be necessary to fulfil the objectives of this Contract, including the performance of obligations of the Parties, communication with the Buyer and / or service user and the performance of obligations under the Contract. The supplier is authorized for international transfer of Personal Data, including (without limitation) to the Federal Republic of Germany; and for concluding processing contracts with the third parties for processing Personal Data on behalf of the Buyer and / or service user.
The Buyer and / or the service user and Viessmann DOO agree that they shall consider all information they learn during the performance of the Contract to be confidential and have the character of a business secret. The Parties shall not use, disclose or misuse any of the confidential information in relation to each of the Parties.
The Buyer and / or service user hereby assumes the following: (a) to keep as confidential all Confidential Information, (b) not to use any Confidential Information for a purpose other than the purpose of fulfilling the Contract, and (c) not to make available any Confidential Information to any person other than an agent, employee or engaged person to the extent necessary to perform this Contract. The Buyer and / or service user shall be responsible for all violations of these provisions, and those shall be applicable to the representatives, employees or engaged persons of the Buyer and / or service user. Any and all Confidential Information shall later be returned to the Party that made it available, or shall be destroyed at the request of the Party.
The confidentiality obligations provided for in these General Terms and Conditions shall continue to produce legal force upon termination of the Contract, in whole or in part, for a period of at least 5 calendar years.
No statement given to the media, public announcement, citation or communication in connection with the Contract shall be permitted without the prior written consent given by Viessmannn DOO Belgrade.
20. Intellectual Property Rights
The Buyer and / or service user accepts that by concluding the Contract with Viessmann he shall not acquire the right of ownership, nor the right to use / exploit any of the intellectual property rights of Viessmann. The Buyer and / or service user shall have no right to use or dispose of any of the intellectual property rights that Viessmann DOO hands over to the Buyer and / or service user, or which the Buyer and / or service user develops for Viessmann DOO for the purpose of implementing the Contract. The use of the name and / or trademark (s) of Viessmann and / or its affiliates by the Buyer and / or the service user shall not be permitted without the prior written consent of Viessmann DOO.
21. Independent Contractor
The relationship between the Parties is a relationship of independent contractors. Nothing contained in these General Terms and Conditions and the Contract constitutes a partnership or joint venture between Viessmann and Buyers and / or service users for any purpose, and neither Party has the authority or permission to bind the other Party or to create any obligation for the other Party in any way or for any purpose other than as the other Party agrees in writing from time to time.
22. Prohibition of Accepting and Giving Bribes
The Buyer and / or service user is obliged to comply at all times with all laws prohibiting accepting and giving bribes according to the positive legal provisions of the Republic of Serbia. The Buyer and / or user of the services may not, directly or indirectly, through a third party, offer, pay, promise or approve the offer or payment of any financial or other benefit or advantage, or anything of value to any person: (i) for the purpose of improperly obtaining a business advantage or for the purpose of obtaining or retaining business; (ii) to encourage a person to perform a function or activity improperly, or to reward such conduct; or (iii) to unlawfully influence, directly or indirectly, an action or decision of a civil servant, employee, candidate for public office, state-controlled entity or political party.
The Buyer and / or service user is obliged to immediately report to Viessmann any actual violation or suspected violation of the provisions. The user or his auditors or agents may from time to time verify the compliance of the Contract with this clause, and the Buyer and / or service user is obliged to fully cooperate with any such audit or investigation of suspected violation of the provisions.
Signing of the Contract or its implementation shall not constitute a joint venture, connection or employment relationship between the Parties. Both Parties shall act as independent entities and bear full responsibility for their actions.
The Buyer and / or service user has the obligation to follow the rules and instructions received by Viessmann and must operate in accordance with the business principles and business standards of a sole proprietor or a legal entity.
23. Exemption of Liability
Viessmann DOO Belgrade shall make every effort to post correct and up-to-date information on its website. However, product features, stocks and prices can change quickly, so Viessmann DOO may fail to correct the information on the website in a timely manner. In this case, Viessmann shall notify the Buyer and / or service user of the changes. All product photos are symbolic and do not represent product features.
Viessmann DOO complies with the applicable Consumer Protection Act. Objections and complaints can be submitted to the e-mail address: email@example.com or sent by regular mail to the postal address:
Viessmann DOO shall do everything in its power to resolve all disputes amicably.
25. Jurisdiction of the Court and Else
- If disputes cannot be settled amicably, all disputes under this Contract, especially court proceedings, are subject to the jurisdiction of the competent courts of the Republic of Serbia, whereby the Buyer and / or service user give their consent in terms of contractual determination of territorial jurisdiction and the relevant right of Viessmann to, by its choice, initiate court proceedings either according to the positive legal system of the Republic of Serbia, or under the positive legal system of the Republic of Germany, and has the right to take legal action against the Buyer and / or service user at a jurisdiction established by the general regulations. For individual companies, i.e. companies that are privately owned, as well as for all forms of legal entities that exist in the legal system of all recognized states by the UN, personal companies or limited partnerships on request, this agreement on jurisdiction applies to owners, i.e. personally responsible entities.
- For Buyers who are not traders, i.e. legal entities, the existing provisions on simple claiming of property rights apply, and accordingly the obligation of compensation in case of error applies, including other obligations on compensation.
- The place of execution shall be determined in accordance with the law applicable to the conduct of court proceedings.
- For deliveries abroad, our general VIESSMANN conditions for delivery abroad shall apply. The laws on the international purchase of movable property and the law of the United Nations on purchases cannot be applied.
- All previous general terms and conditions of purchase shall become invalid upon the adoption of these General Terms and Conditions.
- Consumer affairs are subject to coercive provisions pursuant to the positive legal provisions of the Consumer Protection Act in the event that German law does not apply pursuant to the provisions of these General Rules.