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1. Application

These terms of delivery apply between EcoTank OÜ, hereinafter referred to as “the seller”, and the client, hereinafter referred to as “the buyer”, unless the seller and the buyer have not agreed otherwise. The terms of delivery apply as agreed, when the conditions are mentioned in a written offer.

2. Validity

The delivery terms are available on the seller’s website as of 01.01.2013 and are valid until further notice. The seller may change the delivery conditions by posting new terms on its website. For transactions agreed (prearranged) before the publication of new terms, the terms agreed at the time of signing are applied.

3. Prices

The buyer is liable to pay VAT according to the law unless the buyer has a written order from tax authorities informing otherwise (for example 0% VAT between EU companies with a valid VAT number). Product prices are valid for the day the contract was concluded.

4. Ordering

The customer's order binds the seller when the seller has confirmed the order in writing.

For Finland, Sweden and Norway:

As all our products are manufactured in Estonia, they will be shipped to the receiver’s address. Special charges such as customs clearance affect the shipping cost (only Norway).

5. Delivery

The seller is entitled to charge the buyer for delivery and packaging costs, unless it is stated in the order confirmation that these costs are included in the total price (DDP/delivery location).

The seller is bound to deliver to the agreed address at the agreed time, unless insurmountable obstacles occur. In such cases, the seller is obliged to immediately contact the buyer. If the delay is caused by other than insurmountable obstacle for delivery at the agreed time and it would mean higher costs for the buyer, the buyer has the right to annul the purchase.

If the buyer does not annul the purchase, the product is delivered in the firsts oppurtunity that suits the buyer.

If there is no written agreement between the seller and the buyer, the seller is not obliged to compensate to the customer for economic or other inconvenience incurred to the buyer.

6. Buyer's right to cancel the purchase

In case of cancellation, the buyer is obliged to compensate the seller for the transport to the delivery address and the possible return transport. If the product is manufactured according to the buyer’s technical requirements, the buyer is obliged to compensate for the total cost.

7. Purchase price

The buyer is obliged to pay the seller according to the agreement. The seller has the right to add 0,5% interest per day to the total sum every day after 7 days from the invoice due date until the payment is made.

The price is seen as paid in full when the payment reaches the seller’s account.

If the buyer is late with the fulfilment of the payment or other pecuniary obligations, the seller may hinder all service and delivery until the customer has fulfilled its obligations with interest.

The delivery time is seen as running until the payment has been made and the customer is not entitled to demand compensation for the delay and the seller does not need to compensate to the customer or approve cancellation.

8. Ownership

The ownership of goods passes to the buyer when the buyer has as a whole paid the purchase price and other payments associated with the transaction. The buyer is not entitled to dispose of the goods until the full purchase price is paid.

9. Warranty

The seller gives its products’ construction and materials a 10-year warranty.

The warranty period begins with the day when the buyer receives the product.

The warranty applies if the product is used in a responsible and prudent manner according to its original purpose. The seller is not responsible for incorrect assembly, disregard of the installation rules, normal wear and tear, misuse, the buyer’s failure to provide correct service to the product or the buyer’s failure to use and maintain the product properly in accordance with enclosed instructions.

Any damage to the product must immediately be reported to the seller. The warranty expires and the seller is no longer held responsible if someone else repairs or modifies the product.

The warranty does not apply to unexpected and unforseen events such as vandalism, natural disasters or damage caused by animals.

The seller has in accordance with the warranty the right to:

a) repair the product and return it to the buyer within a reasonable time.
b) replace the defective product with a new equivalent product.
c) compensate the purchase price.

These measures shall be limited to the above and the buyer is not entitled to additional compensation.

The buyer is financially liable for transportation costs, etc. related to the warranty repairs.

10. Inspection of the product

When the product is delivered to the buyer, the buyer is obliged to inspect the product as soon as circumstances permit, and not later than 7 days after delivery or from the date when the product can be used by the buyer.

The buyer is deemed to have accepted the product unless the buyer notifies the seller with a written fault report within 7 days after delivery.

11. Product failures

If the buyer duly notified the seller about a failure, the seller has the right in accordance with the ninth paragraph to:

a) repair the product and return it to the buyer within a reasonable time.
b) replace the defective product with a new equivalent product.
c) compensate the purchase price.

The customer is obliged to return the product at the seller’s expense to the seller, if the seller so requests.

If the fault is found and the customer receives compensation, the customer is not entitled to more compensation. The seller is not obliged to compensate for any inconveniences that the buyer possibly may have had.

12. Indemnification and warranty limitation

The seller’s indemnification is limited according to the conditions. In any case, the seller is always as the first step required to refund the purchase price.

For other losses, such as loss of revenue and loss of profits or other matters difficult to assess, no compensation is provided.

13. Insurmountable obstacles

The seller is relived from the obligation to compensate losses if the reason is insurmountable. This includes obstacles such as force majeure, such as war, other violence mass demonstrations, confiscation or other authorities of the measure proposed, energy outages, fire, lightning or other natural disaster in connection with production or transport. 

Given the compelling reasons the seller is still required as soon as possible to complete the delivery.

14. Divided responsibility

Divided responsibility should preferably by agreed between the parties. 

In case of litigation, it is held in the seller’s domicile court.

The seller can bring the case to the buyer’s domicile court if he so wishes.

Tallinn 01.01.2013