Our General Sale and Delivery Conditions serve to establish clear terms for transactions. They delineate responsibilities, payment structures, and dispute resolution, fostering transparency and a mutually advantageous business relationship.
General Terms and Conditions of Delivery – BIBUS Bulgaria
These General Terms and Conditions of Delivery apply to all commercial transactions (deliveries or services, including the sale of software) concluded by and between BIBUS Bulgaria Ltd., hereinafter referred to as BIBUS, on one side, and a natural or legal person, hereinafter referred to as the Client, on the other, whereby BIBUS agrees to sell and deliver, and the Client agrees to purchase and accept the ordered goods or services. The written confirmation of the order by BIBUS includes notification to the Client that the transaction is concluded under these General Terms.
Acceptance of the written order confirmation sent by BIBUS to the Client is considered as agreement to these General Terms and Conditions.
Conditions requested by the Client that differ from these General Terms are binding for BIBUS only if accepted in the form of a written agreement between the parties.
1. Offer and Delivery
Our offers, unless bound to a term, are not binding. Our written order confirmation is decisive for the subject and scope of delivery. Written orders from the Client are considered binding. Verbal orders from the Client are binding only after written confirmation by BIBUS. For stock items, BIBUS's written confirmation is considered timely upon invoice issuance.
All additional agreements and changes must be confirmed in writing to be binding.
BIBUS reserves the right to make design and other technical changes if they serve technical progress.
Documents provided by the Client (drawings, specifications, samples, tools, models, etc.) remain Client’s property and form the basis of our offer. If the Client wants changes to the original order, these must be requested in writing.
Documents included in BIBUS offers remain BIBUS’s property. The Client must not use them for other purposes or share them with third parties.
Obvious errors such as printing, calculation, or spelling mistakes are not binding and do not entitle the Client to claims.
2. Prices and Payment
Prices apply ex-warehouse (Sofia or Kazanlak), unless agreed otherwise. Prices exclude VAT.
Minimum order value is 50 BGN excluding VAT.
Execution begins after 100% advance payment unless otherwise agreed.
Payment terms are specified in BIBUS's invoice.
For late payments, a penalty of 0.1% per day applies.
Prices are calculated at 1 EUR = 1.95583 BGN. Any rate changes result in price recalculation.
Withholding or offsetting payments is only allowed for recognized or legally valid claims.
Shipping and packaging costs are borne by the Client unless otherwise agreed.
3. Delivery Term
The delivery term begins from the date of the order confirmation by BIBUS.
Timely delivery assumes that the Client has specified the subject of sale in advance.
Delivery term extends in case of force majeure. BIBUS cannot invoke force majeure if already in delay.
If the shipment is delayed by more than 7 days at the Client’s request, BIBUS may charge 0.1% daily storage fee, up to 20%.
After the grace period, BIBUS may dispose of the goods; any advance is treated as a deposit.
Partial and early deliveries by BIBUS are allowed.
Partial deliveries at Client’s request require payment of additional shipping costs.
4. Transfer of Risk
Risk transfers to the Client when the goods are handed to the forwarder or transporter, including for partial and early deliveries.
This applies even if BIBUS uses its own transport or performs assembly.
If shipment is delayed due to the Client, risk transfers upon preparation for shipment.
At the Client’s request and expense, BIBUS can insure against theft, damage, fire, flood, and transport risks.
5. Software Use
Upon payment, the Client receives non-transferable, non-exclusive usage rights for the software and its documentation.
Software may be used on one or more specifically agreed devices. BIBUS retains all IP rights.
The Client may only copy software for backup purposes and must not remove copyright notices.
Transfer of software to third parties requires BIBUS’s written approval. If resale is intended, third parties must agree to these terms.
Only BIBUS may modify the software.
Violations incur a penalty of 10 times the order value. Software must be returned on request.
These terms don’t apply to custom software developed for the Client as part of a system delivery. Ownership and unlimited use rights transfer upon final payment. Standard modules are excluded.
BIBUS may develop similar solutions for other clients and retains internal usage rights.
6. Warranty
BIBUS is liable for defects or missing guaranteed qualities under the following:
Products/services will be repaired or replaced within 12 months after risk transfer due to prior causes, including poor manufacturing or materials. This doesn’t apply to wear parts.
Repairs/replacements have a 3-month or remaining original warranty.
Deficiencies must be reported in writing within 5 working days of receipt.
In justified claims, BIBUS covers replacement costs. The Client must provide access for repair.
In emergencies, after BIBUS’s approval, the Client may repair at its own cost.
The Client may request price reduction or contract changes only if repeated fixes fail.
Other claims, especially for indirect damages, are excluded.
Replacement time for justified claims is up to 30 working days.
Warranty doesn’t cover misuse, poor installation, unauthorized modification, wear, or use against instructions.
Product specifications are descriptive, not guaranteed, unless confirmed by tested samples.
7. Impossibility, Delay, Liability
If delayed, and the Client grants a grace period with notice of withdrawal, the Client may cancel if BIBUS fails again.
If the delay is due to the Client, payment is still required.
For delays, compensation is 0.1% per full week of delay, max 5% of the affected value.
Other claims, especially for lost profit, are excluded.
For Client-specified production, the Client must indemnify BIBUS against IP claims.
In case of force majeure impacting delivery or work, contracts may be adjusted or cancelled.
8. Confidentiality
The Client must treat all information and trade secrets confidentially and must not disclose them without BIBUS’s written approval.
BIBUS treats Client’s documents with equal confidentiality.
9. Compliance
The Client confirms awareness of BIBUS’s Code of Conduct and instructs its staff accordingly.
The Client undertakes to prevent any unlawful actions, especially those harming BIBUS.
The Client must ensure procedures are in place to avoid corruption and crime.
10. Jurisdiction
All disputes, including interpretation, invalidity, performance, or termination, or adaptation to changed conditions, shall be resolved by the Arbitration Court at the Bulgarian Chamber of Commerce and Industry under its rules.
If arbitration is not possible, disputes shall be settled by the competent court at BIBUS’s location.
01.06.2025
Sofia