The agreed delivery date is met if the goods have left the place designated by Tech Garden by the end of the delivery date or that the shipment has been shown to the customer.
If the delivery depends on documents, permits, or clarification of significant problems related to the performance of the contract, which the client must submit, then the agreed delivery date is mandatory only if the client 8 weeks before the delivery date resolves the issue or attaches documents or permits in writing. until that time notifies Tech Garden, then that special written provision shall be governed by both parties to the contract.
Delivery deadlines begin on the day of order confirmation, ie priority on the day of advance payment.
Adherence to the delivery time is conditioned by the fulfillment of the agreed payment obligations. In addition, the delivery time begins after the fulfillment of these contractual obligations, which are determined by the individual contract.
In case of delay in delivery according to the above provisions, the new delivery and installation date is binding only after the written confirmation of one of the legally responsible employees of Tech Garden. The same applies to terms that have become mandatory under legal provisions.
In the event that delivery is disabled due to force majeure or events that make delivery difficult or even impossible (eg natural disasters, business disruptions, strikes, disconnections, lack of raw materials, traffic problems), regardless of if they occur with us or with other suppliers and that we cannot deliver on time or by applying the usual precautionary measures, the delivery deadlines are postponed, ie the delivery deadlines are extended as long as the interference lasted. If the interference lasts longer than 3 months then each party has the right to terminate the contract in writing. In case of cancellation of the contract, it is necessary to reimburse the company Tech Garden d.o.o. all costs of already done work with the material. At the request of one of the parties, the other party must, at the end of the three-month period of delay, state whether it wishes to abide by the contract or not. Tech Garden d.o.o. undertakes to notify the customer of any delay in delivery. The same goes for ending delays.
If Tech Garden is responsible for delaying the delivery deadline, the customer may terminate the contract, after setting us a reasonable subsequent deadline in writing and after that period has expired unused.
Claims for damages due to non-compliance with the agreed delivery time lead to damages only in case of negligence of Tech Garden d.o.o. or their representatives. This does not apply if the deal is closed. Legal provisions remain unchanged.
VII. Delivery, circumvention, takeover, delay of takeover
Delivery starts from the place designated by Tech Garden, where the place of performance of services is also located. At the request and expense of the customer, the goods will be sent to another destination. Unless otherwise agreed, Tech Garden d.o.o. has the right only to determine the method of sending.
The customer is responsible for the risk of damage to the goods at the latest upon receipt. However, when purchasing transport, the risk of accidental deterioration and accidental damage to the goods as well as the risk of delay falls on the freight forwarder or another person in charge of transport already with the delivery of goods.
During the delivery, the client is obliged to open and review the delivered order in front of the delivery person and immediately report the determined damage to the delivery service. Subsequent complaints will not be accepted by Tech Garden.