4. TRANSFER OF GOODS
4.1 The delivery times of the goods are set in the Order. The delivery dates indicated in the Order are indicative and not binding for the Seller. The Seller engages to keep the Buyer timely informed of any delay or other circumstance affecting the arrival of the goods.
4.2 The Buyer undertakes to accept the ordered goods within 21 (twenty-one) working days after the Seller has notified their arrival. The Seller has the right to receive a fee of 10 (ten) EUR / pallet / day for storage longer than 21 (twenty-one) working days in the Seller’s warehouse.
4.3 Delivery and receipt of the goods on DDP terms (Delivered Duty Paid) is at Vivarec OÜ warehouses in Tallinn or Tartu, unless otherwise agreed in the Order.
4.4 The goods shall be handed over to the Buyer, or to the person authorized by the Buyer, on the base of the Delivery Note issued by the Seller.
4.5 The risk of damage and accidental loss shall pass from the Seller to the Buyer upon transfer of the goods or at the latest after 21 (twenty-one) working days from notification of arrival in case the Buyer has not received them.
4.6 Ownership of the goods shall be transferred to the Buyer only after the full sale price of the goods has been received by the Seller. The Buyer shall bear all costs related to the payment for the goods (bank fees, etc.).
4.7 Upon delivery of the goods, the Buyer undertakes to check and ensure that the quantity and specification of the goods received is in accordance with the confirmed Order. In the event of non-conformity of the goods or in case of visible physical damages to the goods, the Buyer together with the Seller’s representative shall draft an act upon receipt of the goods. Any eventual non-conformity related to the specification of the goods must be checked and communicated by the Buyer to the Seller within 5 working days from the receipt of the goods.
4.8 The Buyer is obliged to respect the instructions for storage, handling, installation and maintenance of the goods specified by the goods’ manufacturer or the Seller, which the Seller shall make available to the Buyer at the latest upon delivery of the goods.
4.9 Should the Buyer discover, within latest 2 (two) months after receipt of the goods, any quality defect or non-conformity after unpacking the goods, the Buyer must inform the Seller before installation or usage of the goods. The Seller shall not be liable for defects that could have been detected before the installation, after the goods have been installed.
4.10 The Buyer is aware that goods may differ in their characteristics (color shade, measures, etc.) between different production batches. Such differences are not considered to be a deficiency of the goods and don’t authorize the Buyer to raise a claim. The Buyer is aware that any sample of the goods and/or image relating to the goods included in the manufacturer’s catalogues and/or websites, is purely illustrative and does not represent the final aesthetic result of the goods.
4.11 The Seller shall, at its sole discretion, repair, replace or take back goods non-conforming with the Order. The Seller shall not be liable for any costs incurred by the Buyer in connection with the exchange or return of the goods (including, but not limited to, costs of transport, cost of demolition and installation, cost for accessory materials connected with the installation, etc.) nor for other accessory and consequential damages. The occurrence of a non-conformity does not release the Buyer from the payment obligation.