MB “CEMENA”, legal entity code 304896384, registered office address: Varpų st. 13-29, LT-94276 Klaipėda, Vilnius, represented by Gabrielius Kolesnikovas (hereinafter in the Agreement - the Seller), and __________________ (hereinafter in the Agreement - the Customer), hereinafter collectively referred to in the Agreement as the Parties or each separately Party, we have entered into the following agreement:
This Agreement establishes the procedure and conditions according to which the Seller undertakes to transfer the Products specified in this Agreement to the Customer's property, and the Customer undertakes to accept these Products and pay the Seller the amount specified in this Agreement.
Price of products.
Order confirmation and payment procedure:
Non-standard Products are manufactured according to the data provided by the Customer, on the basis of which the Product drawing is prepared. After the customer approves the drawing, it is transferred to production and furniture is produced on the basis of this drawing.
The Customer shall pay the amount as follows: An advance of 50% shall be paid by the Customer to the Seller within 3 (three) business days from the date of signing the contract. The Customer shall pay 50% of the remaining amount to the Seller after production, before removing the Products from the Seller's production premises.
The price of the Contract includes all costs incurred by the Seller in connection with the object of the Contract.
For the amount of the applicable VAT rate, the rates for the provision of services may change with the amount of the changed VAT rate. The magnitude of the change in the cost of providing the services is proportional to the magnitude of the change in VAT. The recalculated service provision fees shall be formalized by the Parties to the Contract signing a written agreement on the amendment of the Contract, which is an integral part of the Contract. The recalculated service charges shall apply from the month following the entry into force of the written agreement on the amendment of the Agreement signed by the Parties.
Delivery and receipt of products
The Seller undertakes to deliver standard Products to the Customer within 52 working days from the date of advance payment, and non-standard Products within 62 working days from the date of advance payment and / or approval of the Product drawing.
In the contract the Seller shall hand over the specified Products to the Customer or his authorized representative, who shall confirm the fact of receipt of the suitable Products with his / her signature in the Product Transfer-Acceptance Certificate. The VAT invoice signed by both parties corresponds to the product transfer-acceptance certificate. By signing the transfer-acceptance certificate, the Customer confirms that:
The Seller hands over the Products to the Customer and the Customer accepts these Products;
The Customer has no claims against the Seller regarding the quality of the delivered Products 5 days after the full payment date. Upon expiration of the term specified in this clause, the Customer loses the right to demand the replacement of defective Products.
Upon delivery of the Products to the address specified by the Customer, the Products shall be deemed to have been properly delivered to the Customer, regardless of whether the Products were actually received by the Customer or any other person who received the Products at the specified address. In this case, the Customer has no right to make claims to the Seller regarding the delivery of the Products to the wrong entity and / or other claims related to the delivery.
Transportation of the products is not included in the price indicated in point 2 (unless otherwise stated in the spreadsheet).
Rights and obligations of the parties
Customer rights and obligations
Before placing an order, the Customer evaluates the parameters of the Product (s) for the successful transportation and acceptance of the Products at the Customer's premises. By signing this Agreement, the Customer confirms and guarantees that he has properly acquainted with and understands the parameters and equipment of the Products specified in the Agreement, therefore he has no claims to the Seller and undertakes not to make any future claims.
By signing this contract, the Customer confirms that the project (Product drawings, materials, colors, dimensions) has been agreed with the Seller.
The Customer is informed and agrees that the shades of fabric or skin may differ slightly from the colors in the photo, on the Supplier's website or in the samples provided in the exhibition.
The Customer may change the terms of the order within 2 (two) days from the date of signing this agreement. When changing the terms of the order after this deadline, the Customer must pay extra for the materials that will be needed additionally and that cannot be used by the Seller to perform the changed order and the work performed. The Customer must pay this fee to the Seller within two days from the submission of the data on the amount of the fees. Failure by the Customer to comply with this condition shall be deemed to constitute a waiver of the amended order. The advance fee is not refunded to him and the Seller acquires the right to demand compensation from the Customer.
Pursuant to Clause 17 of the Retail Rules, furniture is included in the list of non-returnable goods, so if custom-made, furniture made to individual order is not returned.
The Customer may not withdraw from this Agreement when the Products are manufactured in accordance with the Customer's special instructions, taking into account the Customer's personal choice or adapted to the Customer's personal needs.
The Customer undertakes to collect the Products within one week from the date when the information on the completion of the furniture was received (by phone or e-mail), otherwise the storage costs are calculated - 10 (ten) euros for each day of storage. If the Customer does not have the opportunity to pick up the Products independently, the Seller may offer transportation services for an additional fee. When ordering the delivery service, the Customer must ensure that all conditions are created for the delivery of the Products, ie no passages are blocked, there is enough space to turn around, to bring in the Products and the like.
When accepting the Products, the Customer must check the condition, quantity, quality and equipment of the delivered Products together with the person delivering the Products. Noticed / determined the quantity, quality, configuration, etc. of the Products. non-compliance, the Customer must not accept the Products and note this in the delivery-acceptance documents of the Products. Upon acceptance of the Products by the Customer and signing of the Product transfer - acceptance documents without comments, it is considered that the transferred Products are in good condition, free of defects.
The Customer undertakes to accept the transferred Products within the terms and conditions set forth in this Agreement and to pay the due payments in accordance with the procedure and time specified in the Agreement.
Rights and obligations of the seller
A tolerance of +/- 5 cm is allowed for manufactured furniture.
The Seller undertakes to create suitable conditions for the Customer to collect the Products at the Seller's registered office or from the production premises.
Seller too 4.1. undertakes to deliver the Products to the Customer within the period specified in clause. This period does not include Delays by Suppliers in delivering components such as fabrics, sleeping appliances, legs, foam, wood and other parts. In the event of a delay in the supply of ingredients, the production deadline may be extended to 40 working days. Delay is not considered a material breach of this sales contract.
The seller is not responsible for:
For discrepancies in fabric or skin color when collected from photographs, on the Supplier's website or in the samples provided in the exhibition.
Defects or inconsistencies in the Customer's premises where the Products are installed and / or stored, such as walls or floors, are uneven or have other defects that could cause cracks or other defects during installation or installation.
For incompatibility of the Product with other furniture, engineering communications and other items in the room;
If the doors, partitions and other furniture in the Customer's home interfere with bringing the purchased Products to the required room;
If the Product looks different than expected by the Customer, but fully complies with the project agreed with the Customer;
For defects or damage to the Product that have occurred during the Customer's own transportation or assembly of the Products.
The Seller provides a 24-month quality guarantee for all manufactured Products. (See MB “CEMENA” UPHOLSTERED FURNITURE RULES AND WARRANTY SERVICE)
Liability of the parties
The parties shall be liable for the violation, non-performance or improper performance of this Agreement in accordance with the procedure established by the Civil Code of the Republic of Lithuania.
If the Customer fails to pay any of the payments specified in the Agreement on time, the Customer undertakes to pay the Seller interest at the rate of 0.02%. from the total price of the Products for each day of delay.
If the Seller fails to deliver the Products to the Customer during the Contract 4.1. the Seller undertakes to pay 0.02 percent. from the price of non-delivered parts of the Products for each day of delay.
If the Customer is late in paying for the manufactured Products or refuses to accept the Products, the Seller has the right to take back the manufactured and installed Products after giving written notice of the date and time, and the Customer must allow the Seller to enter the premises and allow the Seller to pick up the Products. In this case, the advance fee is not refunded to the Customer, the Seller acquires the right to demand compensation for losses and interest on arrears incurred by the Customer under the contract.
This Agreement shall enter into force upon its signing or upon payment of an advance by the Customer and shall remain in force until the Parties have fulfilled all obligations related thereto. The signing of the contract corresponds to the advance payment.
All amendments and additions to the terms of this Agreement shall be valid only if they are made in writing and signed by both Parties. The annexes to the agreement shall enter into force upon signature, unless a later date of entry into force is specified in the agreements themselves.
All disputes arising out of this Agreement shall be settled by negotiation. If the parties do not agree on the good, the dispute may be referred to a court in accordance with the procedure established by the laws of the Republic of Lithuania.
The Parties shall be released from their obligations under this Agreement if force majeure makes it impossible to perform them.
This Agreement has been prepared and executed in two copies in the Lithuanian language, which have equal legal force.
Details and signatures of the parties.