General Terms of Purchase

Validity: These general terms and conditions of purchase apply to all orders or purchase contracts issued by the company to its suppliers. Acceptance of the order also means acceptance of the purchaser’s purchasing conditions. All other terms are void.

Orders/contracts: Orders or contracts are only valid in written form, and the recording medium may be electronic. The supplier is obliged to confirm the order or contract in writing no later than 3 working days after receipt, otherwise the order is considered accepted.

Prices: Prices stated in the order/contract are binding. Deviations are not allowed. Prices are stated in EUR excluding VAT. Price changes are only possible upon prior agreement between the supplier and the purchaser.

Delivery deadline: The delivery deadline stated in the order/contract is binding. Any deviation from the contractual deadline must be approved in writing by MERC d.o.o. In the event of a delivery delay, Merc d.o.o. reserves the right to cancel the order/contract or charge penalties amounting to 1% per day of delay, up to a maximum of 15% of the value of the undelivered goods. In case of delay, the purchaser also has the right to demand compensation for production downtime damages.

Agreed quantity: Delivered quantities may deviate from the ordered/contracted quantity by a maximum of 5%.

Acceptance of goods/services: Merc d.o.o. accepts deliveries Monday to Friday between 6:00 and 14:00. Deliveries on Saturdays, Sundays, and public holidays are not possible. Any deviation from these days must be approved in writing by MERC d.o.o.

The supplier is responsible for proper packaging, shipment labeling, safe shipment, and safe transport in case of delivery.

Delivery documentation: Unless otherwise specified, all goods must be accompanied by a delivery note, stating the MERC d.o.o. order number and the required EN 10204.3.1 material certificates. If additional documentation or samples are required, this is specified in the order/contract.

Invoicing: Invoicing is based on individual orders/contracts or deliveries. Invoices must be accompanied by delivery notes signed by MERC d.o.o. as confirmation of goods/services received. Partial deliveries are not allowed unless previously approved in writing by MERC d.o.o.

MERC d.o.o. commits to paying for the delivered goods within the deadline agreed upon in the order/contract.

Delivery fulfillment: Delivery is deemed fulfilled when MERC d.o.o., a carrier, or freight forwarder takes possession of the goods at the agreed parity, or in the case of delivery by the supplier, when the goods are received at the MERC d.o.o. address.

Quality: The quality is defined by the order, which also specifies all required documentation that the supplier must comply with when fulfilling the order/contract.

Complaints: MERC d.o.o. commits to reporting quantity discrepancies immediately upon receipt, but no later than within 5 working days. Inadequate quality must be reported immediately upon discovery, but no later than 6 months after receipt. For each complaint received, the supplier must, in addition to compensation for any damages, provide a standard 8D report, generally within 10 days of the complaint date. The supplier must implement immediate measures and report them to MERC d.o.o.

Cancellation of order/contract: If the supplier cancels the order/contract due to their own fault and the reason is not force majeure (bankruptcy, political unrest, natural disasters), they are obliged to reimburse MERC d.o.o. for all costs related to replacement procurement.

Jurisdiction: The contractual parties (MERC d.o.o. and the supplier) will attempt to resolve all disputes amicably. If this is not possible, the competent court in Slovenj Gradec, Slovenia shall have jurisdiction, unless otherwise agreed in the contract.

Health and safety at work: The supplier commits to following the principles of safe work and using appropriate protective equipment.

Environmental protection: The supplier must collect and dispose of all waste generated during the execution of work in accordance with applicable legislation.

The supplier is obliged to handle hazardous substances safely and prevent possible accidents.

Publication: The general terms and conditions of purchase are published at http://www.cnc-merc.si and at the headquarters of MERC d.o.o.