{"id":1818,"date":"2019-01-18T08:38:27","date_gmt":"2019-01-18T08:38:27","guid":{"rendered":"https:\/\/aktaprint.ee\/?page_id=1818"},"modified":"2019-01-18T08:38:27","modified_gmt":"2019-01-18T08:38:27","slug":"delivery-terms","status":"publish","type":"page","link":"https:\/\/aktaprint.ee\/fi\/delivery-terms\/","title":{"rendered":"DELIVERY TERMS"},"content":{"rendered":"<p><strong>GENERAL DELIVERY TERMS OF AEPPI (ASSOCIATION OF ESTONIAN PRINTING AND<br \/>\nPACKAGING INDUSTRY)<\/strong><\/p>\n<p>Approved at the AEPPI\u2019s council meeting on 15 April 2016<br \/>\nThe AEPPI\u2019s general delivery terms are copyrighted and are only intended for use by the members of<br \/>\nthe Association of the Estonian Printing and Packaging Industry.<\/p>\n<p><strong>1. Definitions<\/strong><\/p>\n<p><strong>\u201cDelivery Terms\u201d<\/strong> means the terms and conditions that regulate the sale of services and products of<br \/>\nthe members of the Association of the Estonian Printing and Packaging Industry and the rights and<br \/>\nobligations of the Parties.<br \/>\n<strong>\u201cContractors\u201d<\/strong> means the members of the AEPPI.<br \/>\n<strong>\u201cClients\u201d<\/strong> means natural and legal persons commissioning works, products and services from the<br \/>\nAEPPI\u2019s members.<br \/>\n<strong>\u201cParty\u201d<\/strong> or \u201cParties&#8221; means the Contractor or the Client individually or the Contractor and the Client<br \/>\ncollectively.<br \/>\n<strong>\u201cWorks\u201d<\/strong> means the works, products and services commissioned by the Client from the Contractor.<br \/>\n<strong>\u201cOffer\u201d<\/strong> means an offer within the meaning of the Law of Obligations Act. An offer is a proposal to<br \/>\nenter into a contract in a manner which is sufficiently defined and which indicates the intention of the<br \/>\nofferor to be legally bound by the contract to be entered into if the proposal is accepted.<br \/>\n<strong>\u201cOrder\u201d<\/strong> means an acceptance within the meaning of the Law of Obligations Act. An acceptance is<br \/>\nassent to enter into a contract indicated by a direct declaration of intent or by an act.<br \/>\nUnless otherwise provided in the contract entered into between the Client and the Contractor, the<br \/>\nClient and the Contractor shall be guided by the terms and conditions laid down herein. In the event of<br \/>\nconflict between the Delivery Terms and any special agreements, the provisions of the special<br \/>\nagreement shall prevail. An agreement whereby the Parties derogate from the provisions set out in the<br \/>\nDelivery Terms shall be entered into in writing or in a format which can be reproduced in writing. A<br \/>\nfailure to comply with this formal requirement shall make the corresponding agreement null and void.<\/p>\n<p><strong>2. Offer and price<\/strong><\/p>\n<p>2.1. An Offer shall be made in a format which can be reproduced in writing. An Offer shall be valid for<br \/>\n30 days from the day on which it was made, unless otherwise specified in the offer.<br \/>\n2.2. A reply to the Offer containing any additions, restrictions or proposals shall not be binding on the<br \/>\nContractor; any such reply shall be deemed to be a counteroffer made by the Client.<br \/>\n2.3. The acceptance of the Offer, i.e. the Order, shall be sent by the Client to the Contractor in a<br \/>\nformat which can be reproduced in writing.<br \/>\n2.4. If models or samples are commissioned from the Contractor over and above the usual Offer, the<br \/>\nClient is obliged to reimburse the Contractor for the expenses incurred in connection therewith (in<br \/>\naccordance with the price list or the estimate for the works) even if the Client cancels the Order.<br \/>\n2.5. The content of the Offer is confidential and the Parties do not have the right to use it to their own<br \/>\nadvantage for any other purposes or to disclose it to third parties.<br \/>\n2.6. Any proposals, drawings, models or other preparatory materials accompanying the Offer shall be<br \/>\nthe property of the Party and the other Party does not have the right to use them to its own advantage<br \/>\nfor any other purposes or to disclose them to third parties (unless a subcontractor is required for the<br \/>\nperformance of the Works).<br \/>\n2.7. After the Offer has been accepted, the contract between the Parties is deemed to have been<br \/>\nentered into. As regards the terms and conditions not contained in the Offer, the Parties shall be<br \/>\nguided by these Delivery Terms unless agreed otherwise.<br \/>\n2.8. The Offer shall contain the price and payment terms. The Offer shall specify whether the price is<br \/>\ninclusive or exclusive of VAT. The Offer shall set out the deadline for completing the Works as well as<br \/>\nthe delivery and storage terms.<br \/>\n2.9. The Contractor has the right to increase the agreed price to cover justified additional expenses if<br \/>\nthe Client has been promptly notified thereof and has not immediately objected to those additional<br \/>\nexpenses.<br \/>\n2.10. Unless the Parties agree otherwise, the Client shall organise the transportation of the Works and<br \/>\ncover the transportation and storage expenses.<\/p>\n<p><strong>3. Performance, submission and acceptance of Works<\/strong><\/p>\n<p>3.1. As regards the performance of the Works, the Parties shall be guided by the relevant provisions of<br \/>\nthe Law of Obligations Act.<br \/>\n3.2. The Client is obliged to accept the Works at the agreed time and place. If the Client breaches the<br \/>\nsaid obligation, the Contractor has the right to request reimbursement for the relevant expenses. If the<br \/>\nClient does not accept the Works after the expiry of the agreed deadline for more than 90 calendar<br \/>\ndays, the Contractor has the right to dispose of the Works and demand compensation for damage<br \/>\nfrom the Client.<br \/>\n3.3. The Works shall be submitted and accepted (except in the case specified in clause 3.2) by means<br \/>\nof signing the acceptance report or the accompanying document by the Parties. The Works are<br \/>\ndeemed to have been submitted to the Client even if the Client has not accepted the Works or has not<br \/>\nsigned the acceptance report\/accompanying documents and 5 days have elapsed from the agreed<br \/>\ndeadline for accepting the Works.<\/p>\n<p><strong>4. Liability of Parties. Complaints<\/strong><\/p>\n<p>4.1. The Parties shall be liable for direct documented damage caused to each other by defective<br \/>\nperformance of the Contract. The Parties shall not be liable for indirect damage caused to each other<br \/>\n(e.g. lost profits, disrupted economic activities, etc.).<br \/>\n4.2. The Parties shall make their complaints to each other in writing sending them to the address<br \/>\nspecified in the contract or, if no address is specified in the contract, to the address specified in the<br \/>\nregister. A complaint may also be emailed to the email address specified in the contract. In the event<br \/>\nof a dispute, the person making the complaint shall prove the filing of the complaint. Complaints<br \/>\nrelating to the quality of the Works shall be filed by the Client no later than within 7 seven days of<br \/>\nacceptance of the Works or of them being deemed accepted in accordance with clause 3.3 hereof.<br \/>\n4.3. The Works inconsistent with the terms and conditions of the contract shall be returned by the<br \/>\nClient to the Contractor by agreement between the Parties or at the request of the Contractor within 14<br \/>\ndays of acceptance of the Works. The Works to be returned shall be submitted to the Contractor under<br \/>\nan instrument (hereinafter \u201cInstrument of Return\u201d) that shall specify the reason for return and shall be<br \/>\nsigned by the Parties. The signing of the Instrument of Return shall not be deemed to mean that the<br \/>\nContractor admits the defects in the Works. If the Contractor does not agree with the Client&#8217;s<br \/>\ncomplaint, the Contractor shall notify the Client thereof within three days of signing the Instrument of<br \/>\nReturn. In such a case the Parties shall agree on how to settle the dispute in accordance with clause<br \/>\n4.4. The Contractor shall not be liable for non-compliance of the Works with the contractual terms and<br \/>\nconditions if such non-compliance occurs due to defective materials sent by or unclear directions given<br \/>\nby the Client. Minor deviations from the outcome of the Works agreed by the Parties shall not give the<br \/>\nClient the right to withdraw from or cancel the Contract.<br \/>\n4.5. If the Contractor does not agree with the Client&#8217;s complaint as regards non-compliance of the<br \/>\nWorks, the Parties shall commission an expert opinion from an independent expert (the Expert<br \/>\nCommittee of the AEPPI shall be consulted and its composition shall be acceptable to both Parties).<br \/>\nThe expenses relating to the expert assessment shall be covered by the Party which loses the debate.<br \/>\nThe expert opinion shall be final and binding on Parties and shall not be challenged.<br \/>\n4.6. If it is not possible to settle the differences between the Contractor and the Parties, such<br \/>\ndifferences shall be resolved by the court.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>GENERAL DELIVERY TERMS OF AEPPI (ASSOCIATION OF ESTONIAN PRINTING AND PACKAGING INDUSTRY) Approved at the AEPPI\u2019s council meeting on 15 April 2016 The AEPPI\u2019s general delivery terms are copyrighted and are only intended for use by the members of the Association of the Estonian Printing and Packaging Industry. 1. Definitions \u201cDelivery Terms\u201d means the terms &#8230; <a title=\"DELIVERY TERMS\" class=\"read-more\" href=\"https:\/\/aktaprint.ee\/fi\/delivery-terms\/\" aria-label=\"Read more about DELIVERY TERMS\">Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1818","page","type-page","status-publish"],"_links":{"self":[{"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/pages\/1818","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/comments?post=1818"}],"version-history":[{"count":1,"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/pages\/1818\/revisions"}],"predecessor-version":[{"id":1819,"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/pages\/1818\/revisions\/1819"}],"wp:attachment":[{"href":"https:\/\/aktaprint.ee\/fi\/wp-json\/wp\/v2\/media?parent=1818"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}