GENERAL TERMS AND CONDITIONS OF THE SALE AND DELIVERY OF GOODS AND SERVICES (hereinafter: General terms and
conditions)
1.
1.1
Scope
These General terms and conditions are applied to collaboration between the company AKA PCB d.o.o., Lesce (hereinafter: AKA) and
all its contractual clients (hereinafter: the Client) and are included in the contract of sale.
The General terms and conditions of the AKA company, published on the website www.aka-pcb.com, apply in all cases, unless agreed
otherwise.
1.2 The General terms and conditions enter into force upon confirmation of the order by AKA.
2.
2.1
2.2
2.3
2.4
Quotes and conclusion of contract
AKA quotes are valid for 30 days. Only written quotes and pro-forma invoices are deemed binding.
Orders must be sent in writing. After receiving the order, AKA issues a written confirmation including the price and date of delivery.
The contract is deemed concluded with the written confirmation of the order.
Subsequent modifications and integrations to the contract shall be valid only if confirmed in writing by AKA.
3.
3.1
Performance of the order
AKA shall perform the order according to the technical documentation received. The Client must provide all technical documentation
and requirements to produce printed circuit boards upon its first order and upon subsequent modifications.
If the Client provides incomplete documentation, it shall complete the missing or inappropriate technical documentation upon request
of AKA. In this case, the date of delivery of the ordered goods shall be extended and shall be calculated from the date AKA received
the complete documentation.
3.2
4.
4.1
4.2
4.3
4.4
4.5
4.6
4.7
5.
5.1
5.2
5.3
5.4
5.5
5.6
6.
6.1
6.2
Terms of production and delivery
The date of delivery is settled in the written confirmation of the order and shall start immediately upon its issue by AKA. If the Client
needs the goods before the date of delivery, the price from the quote shall increase accordingly.
The standard AKA delivery deadline is within 15 work days. The production of samples is not included in the standard date of delivery.
AKA reserves the right to charge additional costs for early production if the Client needs the goods before the date of delivery. The
additional costs are calculated as follows:
(A) additional 20% of the standard price for the production of goods up to 5 work day before the delivery;
(B) additional 40% of the standard price for the production of goods more than 5 work day before the delivery.
AKA reserves the right to withhold the delivery if the Client has not settled the financial obligations on the date of delivery.
In the case of force majeure, which AKA has no influence on and because of which it cannot meet the agreed delivery deadlines, AKA
is not responsible for undelivered goods.
It is not acceptable for the Client to return the goods without prior written confirmation.
AKA shall immediately inform the Client if AKA cannot deliver the goods within the deadline and shall calculate the estimated delay of
delivery.
The supply tolerance is ± 10% of the quantity ordered.
Prices and payment conditions
The prices in the quote and order confirmation from AKA do not include VAT and include standard packing.
If the order differs from the quote, AKA reserves the right to modify the prices accordingly and to quote them in the order confirmation.
The deadline for payment and parity are settled in the quote and order confirmation. The deadline for payment is calculated from the
date of issue the delivery note.
Payments shall be made without deductions and in the currency indicated on the invoice.
The payment is deemed as settled upon receiving the amount in the AKA bank account.
If the Client does not settle the payments within the deadline, AKA is eligible to:
(A) temporarily stop the supply until the payment is settled and to extend the date of delivery accordingly;
(B) charge for all default interest and for recovery;
(C) withdraw from the contract.
Sales with retention of title
AKA is the owner of all the goods until the payment of the invoice, default interests and other costs.
AKA also remains the owner of all printed circuit boards the Client has already built in until the payment of the purchase price and
other costs.
7.
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
8.
8.1
8.2
9.
9.1
9.2
Complaints
Complaints do not delay payments.
AKA assumes the responsibility for the goods produced in reference to the technical documentation and written technical agreements
received.
Complaints can be claimed on the basis of:
(A) quantity error: immediately but no later than 8 (eight) days from the delivery;
(B) damaged goods: immediately upon the takeover of goods by notifying the carrier and informing AKA;
(C) evident quality defects: within the warranty period of 12 (twelve) months from the delivery of the goods;
(D) hidden defects: within the warranty period of 24 (twenty-four) months from the delivery of the goods.
Complaints from paragraph (C) and (D) can be claimed if all the financial obligations towards AKA from article 5. Prices and payment
conditions are settled.
The Client must claim the refund by writing a thorough report of the defect and inviting AKA to analyse the case.
If a reading is necessary, it is subject to prior agreement on who will carry out the reading, the Client or AKA.
If the Client’s complaint claim is legitimate, AKA is obliged to eliminate any defect that occurred during the production.
The Client is obliged to return all the pieces of claimed goods. AKA issue a credit for the pieces on which the defect was confirmed by
analysis.
The warranty shall terminate immediately if the Client or a third party begins repair works on the goods that are subject of the
complaint without the written consent of AKA.
The right to withdraw from the contract
The Client may withdraw from the contract because of an unreasonable delay in delivery and if the deadline is not met despite
extending it. The Client must inform about its withdrawal in writing.
AKA reserves the right to withdraw from the contract upon suspicion of the Client’s solvency and if the latter does not submit the
required financial security.
Intellectual property and copyright:
Internal documentation, such as designs, sketches, other technical documents and samples represent the intellectual property of AKA
and is subject to the relevant legislation concerning the reproduction and copying, meaning that the Client may not use it without a
written permission issued by AKA.
The contractual parties are obliged to protect the data from third parties.
10. Technical standards
10.1 If there are no requirements upon receiving of the order and the technical documentation, AKA shall manufacture the printed circuit
boards in accordance with the DIN standards ISO 2768m and IPC-A-600 CLASS 2, as well as with internal manufacture standards.
11. General terms and conditions of storage
11.1 The Client must store the received printed circuits boards under special terms and conditions. Storage conditions and storage time
may affect the absorption of moisture. Minimal storage requirements:
Temperature: 20 °C ( 5°)
Relative moisture: 40 % ( 10%)
The maximum storage time for printed circuit boards is 6 months for OSP protection and 12 months for HAL protection.
11.2 If the Client does not store printed circuit boards properly before their use and treatment, AKA declines any liability and terminates the
warranty.
12. Disputes
12.1 The contractual parties commit themselves to resolve any eventual misunderstanding amicably.
12.2 Any dispute that may arise shall be submitted to the Kranj District Court.
AKA PCB d.o.o., LESCE
Rožna dolina 54
SI-4248 LESCE
These Terms and conditions are valid until their modification or cancellation!