39 Santierului Street, 120226
BUZAU, ROMANIA
Tel.: +40-238-725 500
Fax: +40-238-710 779

General terms for purchasing

GENERAL CONDITIONS OF PURCHASE / SUPPLY OF PRODUCTS BY BETA S.A Buzau

1. DEFINITIONS
For the purpose of these terms and the Purchase General Conditions, the words below have the following meanings: 
"Buyer" refers to the company "BETA" SA, with the registered office in Buzau, 39 Santierului Street; 
"Contract" refers to the firm order made by the Buyer and the Conditions of Purchase, as they are accepted by the Buyer; 
"Vendor/Supplier" refers to the part or the parties entering the "Contract" with BETA S.A, directly or through a representative;
"Party" refers to the Buyer or the Seller, depending on the context;
"Products" refer to the products in the manufacture schedule of the Seller; 
2. QUALITY CONTROL / INSPECTION OF THE RECEIVED PRODUCTS 
The acceptance/reception of the products shall be made at the Buyer's headquarters if not agreed otherwise in the firm order. The Buyer undertakes to reception the products within the period stipulated in the contract.
The control type and magnitude applied to the Supplier and the supplied product depend on the effect of the product being provisioned on the subsequent completion of the product or the final product and on the environment, health and safety.
In this respect, the supply orders are transmitted by the Purchaser to the Suppliers who have been previously assessed / re-evaluated on the basis of evaluation questionnaires and accepted based on the following criteria: they have certified quality management, environmental, health and safety systems; they hold specific assessments for materials and components subject to pressure / certification of the product; the quality of earlier supplies, compliance with the requirements for the assessment of conformity to the applicable standards and Directives (identification of product quality, documents for the certification of conformity, qualified personal); compliance with the terms of delivery, timeliness suppliers in previous deliveries, method of handling the complaints, resolving the technical and quality issues; the price level being practiced.
For changes in respect of the products to be provided prior approval is required from the Purchaser.
The Buyer shall inspect products received only in the outer visible defects, superficial, identity or quantity non-compliance and verifies the existence of quality ad compliance documents, the technical book (if applicable), the safety data sheet and the operating manual / instructions (if applicable).
The Buyer shall complain about those defects in due time. 
The Buyer reserves the right to make additional inspections of any of the received products. In addition, the Buyer shall advertise the defects as soon as they are found during the current activity. In respect of the above, the Supplier shall waive the right to say that vices have been discovered too late. In the event that defects/flaws were found, the Buyer shall have the right to return the entire product / equipment to the Supplier.
Verification of the product can be carried out at the Supplier's when some features cannot be inspected or verified after the product was delivered. This shall be specified by the Purchaser in the supply contract.
When specified in the order, the Buyer's customer has the right to check, at the Supplier's, if the sub-contracted product is according to the specified requirements. The Purchaser shall specify this in the supply contract.
3. DELIVERY OF PRODUCTS
Delivery of the products by the Seller shall be made in accordance with INCOTERMS 2010. The delivery time limit for the products executed by the Seller shall be as set out in the firm order. 
The data and the limits of time to be agreed upon are mandatory. A delivery date or requirement to date shall be considered satisfied if the Buyer received the goods on the date or within the time limit specified in the contract. When delivered, the products shall be accompanied by the following documents: delivery note, fiscal invoice, certificate of quality and guarantee / declaration of conformity, technical book (if applicable), safety data sheet, operating manual / instructions (if applicable), other documents as provided for in the firm order. 
The Supplier shall ensure that his supplies include all services that are
necessary for the correct use, under safe economical conditions, that they are consistent with their intended purpose for which they have been ordered and that they comply with the requested quality and technical level. In the performance of his obligations, the Supplier shall comply with all standards on the provision of services, the applicable norms and 
regulations, the applicable laws and legal provisions in particular those
relating to materials and dangerous goods, environmental protection and prevention of accidents. The Supplier shall comply with the generally recognized rules of safety, health and safety. 
The Supplier shall notify the Purchaser of any required administrative authorization, any requirements for registration or notification which may be requested for the use of the delivered items. In the case where reception goods entails conducting import customs formalities, the Seller has the obligation to announce with a minimum of 5 days before the date on which the goods arrive at the Buyer's headquarters and to provide attached to the notice (by e-mail or fax) the copies of all documents needed for the preparation of customs formalities, documents which accompany the delivered merchandise. 
4. PRICE
The Buyer shall pay the price on the conditions and within the time limits laid down in the firm order. 
5. GUARANTEES, COMPLAINTS
The guarantee period for the delivered products shall be 12 months from the date of commissioning, but not more than 18 months from the delivery date, if it is not otherwise negotiated in the tender. BETA S.A. shall notify the Seller of any complaint concerning the quantity or quality of the delivered products within 5 working days from the acceptance / reception of the products. In the event of the appearance of defects during the warranty period, the Buyer shall inform the Seller of the occurred situation with a view to analyzing, in maximum 3 working days of the date of occurrence, taking the product available to the Seller, without making any intervention on the purchased product. 
6. PENALTIES OF DELAY
For failure in whole or in part of the obligations set out in the order, the parties owe penalties, as follows: 
- for not taking over the products in due time and/or delay in 
payments for the delivered goods, the Buyer owes penalties for each day of delay of 0,1 % of the value of the products not taken over or unpaid, starting on the 10th day of delay, but not more than 5% of the value of the not taken over or unpaid products;
- in the event that the Seller shall not deliver the products within 
the time limits provided for in the order, it shall be forced to pay penalties of 0,1 % per day from the value of the remainder as compared to the amount contracted for, starting with the 10th day of delay, but not more than 10% of the value of the products not delivered within the set time limit. 
7. TERMINATION OF CONTRACT 
The contract may be terminated: with the agreement of both parties or by termination by one of the parties, in well-grounded cases. 
8. LAW GOVERNING THE CONTRACT AND COMPETENT COURT 
The law governing these Purchase Conditions is the Romanian law. 
All disputes arising out of the progress of these Purchase Conditions, which shall not be solved amicably, will be sent before courts of law at the Buyer's/debtor's headquarters or the International Trade Court of Arbitration from near the Chamber of Commerce and Industry of Romania, in accordance with the rules laid down by this court, and their dispute shall be resolved in the Romanian language according to the Romanian law. 
9. FORCE MAJEURE
Force Majeure, as defined by the law, exempts of the liability the party that claims it under the terms of the law with the requirement of the previous written notification, within 5 days of the occurrence of the cases of force majeure and based on the certificate issued by the Chamber of Commerce and Industry of Romania.
10. OTHER CLAUSES
Change of these clauses can only be made with the agreement of both parties in writing.