General Commercial Terms and Conditions

Q-VENT Ventilated Facade Systems

1. Subject
1.1 These General Commercial Terms and Conditions govern the provision of Ventilated Façade Systems (“Products”) by Q-VENT to the Customer.
1.2 By accepting the Order Confirmation prepared by Q-VENT, the Customer acknowledges and agrees to be bound by these Terms, as published on the Q-VENT website, in all cases of purchase and use of the Products.

2. Payment
2.1 The prices of the Products are determined by Q-VENT and are stated in the Order Confirmation provided to the Customer.
2.2 All payments for the Products must be made within the timeframes specified in the Order Confirmation. Until full payment is made, the Products remain the property of Q-VENT.
2.3 If the Customer fails to fully pay the price for the Products as per the Order Confirmation, Q-VENT has the right to terminate production and refuse the delivery of the Products.
2.4 The Customer is responsible for all expenses related to reminders, compensations, and debt collections and will be subject to a one-time interest fee of 20% on the invoiced value excluding VAT.

3. Delivery
3.1 The Products are delivered in accordance with the specified Incoterms. The responsibility for delivery, costs, and risk is transferred to the Customer in accordance with the chosen Incoterms condition.
3.2 The delivery of the Products is carried out using the selected international transportation service [e.g., maritime, air, road transportation, etc.].
3.3 Upon signing the Acknowledgment Letter or Receiving Goods provided with the export documents, the Customer acknowledges receipt of the Products in accordance with the Packing List, without any objections. If the Customer discovers any issues after signing the Acknowledgment Letter, they will be deemed responsible, and they will not be eligible for warranty claims or other forms of compensation from Q-VENT.
3.4 The signed Acknowledgment Letter should be sent back to Q-VENT by email.
3.5 If the Acknowledgement Letter is not signed and sent back within 14 days of receiving, it will be assumed that the goods have been received according to the included Packing List.
3.6 In the event of any loss or damage to the Products during international transit, the Customer should promptly notify Q-VENT and provide all necessary documentation and evidence to support any claims for insurance or compensation within 14 days of receiving the Products.

4. Warranty
4.1 Q-VENT provides a warranty for the quality of the Products for a period of 5 years from the date of delivery. The warranty is based on the performance characteristics of the Product declared in the Declaration of Performance (DoP).
4.2 The warranty does not cover damages caused by improper use of the Products by the Customer or third parties.
4.3 Q-VENT reserves the right to decide whether to repair or replace the Products in the event of a warranty claim.
4.4 The availability of a project-specific System Warranty is conditional upon Q-VENT providing or approving structural calculations, shop drawings, and installation plans.

5. Liability
5.1 Q-VENT is not liable for damages caused by improper use of the Products by the Customer or third parties. Improper use may include but is not limited to, using the Product for purposes not intended or in conditions not specified in the technical catalogs of Q-VENT or in the technical documentation prepared by Q-VENT for the specific project.
5.2 Under no circumstances shall Q-VENT be liable for indirect or consequential damages or for loss of income or revenue resulting from the use or inability to use the Products.
5.3 Q-VENT is not liable for damages or issues caused to third parties present at the installation site of the Products unless such damages or issues are caused by defects in the Products for which Q-VENT is responsible.
5.4 The Customer assumes full responsibility for the installation of the Products and their use in accordance with the instructions provided by Q-VENT.

6. Changes and Order Cancellation
6.1 The Customer may request a change to their order before the production deadline specified in the Order Confirmation, subject to   Q-VENT approval. The requested change may be subject to additional fees, adjustments to unit prices, and production timeframes.
6.2 The Customer may cancel their order before the delivery of the Products, provided that such cancellation is confirmed by Q-VENT.
6.3 Q-VENT reserves the right to refuse an order from the Customer without stating a reason.
6.4 Returns of Products are possible only by prior agreement and on the condition that they are returned in their original packaging and in a condition that allows Q-VENT to resell them. The processing of returned Products may be subject to additional fees.

7. Confidentiality
7.1 Customer data provided by the Customer will be stored in accordance with applicable data protection laws and the Q-VENT Privacy Policy.
7.2 Q-VENT undertakes not to disclose Customer’s personal data to third parties without the prior consent of the Customer.

8. Applicable Law and Disputes
8.1 These Terms are governed by Bulgarian law, and any disputes arising out of or in connection with them shall be resolved by the competent court in the Republic of Bulgaria.
8.2 The Customer agrees to submit to the jurisdiction of Bulgarian courts and not to initiate disputes in other jurisdictions.

9. Additional Conditions
9.1 All specifications and descriptions of the Products provided by Q-VENT are for informational purposes only and do not constitute a warranty of the characteristics or quality of the Products.
9.2 Q-VENT has the right to modify these Terms at any time without prior notice to the Customer.
9.3 In case of any inconsistency between these Terms and other specific conditions stated in Order Confirmations or agreements reached between Q-VENT and the Customer, the specific conditions shall prevail.

Q-VENT declares that all Products covered by the Order Confirmation, Invoice, and Packing list, unless otherwise clearly indicated, are of European origin.

These Terms constitute the entire agreement between Q-VENT and the Customer and supersede all previous agreements or arrangements, whether oral or written, between the parties concerning these Products.

Аs at May 2023.