Terms and ConditionsBURGOZONE Ltd.

1612 Sofia, Blvd. „Tsar Boris ІІІ” 124 V/A
Tel./Fax: +359 2 856 81 72; e-mail: export@burgozone.bg; www.burgozone.bg                                                          

GENERAL TERMS AND CONDITIONS

 

Purchase and sale

  • The Buyer is authorized to purchase and sell the Wines of the Winery (“Products”) under the present General Terms of Conditions.
  • Geographical area for the sales of the Products under these General Terms of Conditions shall be limited to mutually agreed territory of operation with the Buyer in written (“Territory”).
  • The Buyer shall not sell, distribute, export or otherwise deal with the Products outside the Territory and shall not sell the Products to any third party who it knows or has reason to believe will sell, distribute, export or otherwise deal with the Products outside the geographic area of the Territory. Sales outside the geographic area can be done only upon the explicit pre-written consent of the Winery.
  • In case the Buyer plans to sell the products online he should ask for written authorization the Winery.
  • The Buyer will provide written notice to the Winery of any new brands and suppliers they are considering adding to their portfolio with origin of
  • The Winery is the only detainer of the trademark and any uses the Buyer shall obtain prior written permissions

 

Orders

  • The Winery will fulfill promptly and to the best of its ability all confirmed orders for the Products received from the Buyer, unless the stocks are exhausted.
  • The Buyer may delay the pick-up for a period of fifteen (15) days upon giving the Winery written notice at least seven (7) days prior to the scheduled pick-up date. In the event, the Buyer delays delivery for more than fifteen (15) days, the Winery will have right to cancel the purchase order or to charge storage costs.
  • The Winery has the right to postpone its obligation of delivery without incurring any penalties in case the Buyer fails to keep his payment obligations.

 

Prices and terms of payment

  • All prices stated are in Euro, FCA the Winery’s warehouses in Chateau Burgozone, Oryahovo 3300, Bulgaria.
  • The Winery shall announce any price increases for its Products at least 60 days prior to the effective date of any such increase.
  • In the event that Winery and the Buyer cannot agree on either price within 30 days of date of announcement, the prices then in effect for each Product will be increased by a percentage equal to the change in the Consumer Price Index of Bulgaria (http://www.nsi.bg/en/content/6010/inflation-and-consumer-price-indices) over a period since the first delivery of Products or the last price increase.
  • Terms of payment – according to mutual written agreement between the parties.
  • The Buyer is responsible to cover the bank taxes of his and correspondent banks relating to the payments of the products; the bank taxes of the Winery’s bank are for its own account.

 

 

Applicable Law

  • The local activity of the Buyer shall be governed by the laws of the Territory and any activity of the Winery shall be governed by the laws of Republic of Bulgaria.
  • The Products will be in conformity with applicable laws, regulations and requirements in effect within the Territory according to the information received by the
  • It is the Buyer’s role to provide Winery with the local commercial laws and regulations in force at each moment, with reasonable notice so that Winery can act accordingly.
  • The Buyer shall at all times carry on the activities contemplated by the Partnership in accordance with all applicable laws including laws and regulations relating to labeling of the Products and inform the Winery thereof;
  • The Buyer shall obtain and maintain all government approvals and consents to the importation and sale of the Products in the Territory and be responsible for all the payments necessary thereof;
  • The Winery warrants, represents and agrees that all shipments of the Products sold or shipped under this Partnership shall be of first quality, suitable for beverage consumption, properly bottled and packaged in Bulgaria, according the Bulgarian Wine Law and EU Regulations.

 

Arbitration

  • Any controversy or claim arising out of or relating to the execution of the purchase and sale of Products or the breach thereof shall be settled by arbitration. The Parties shall try to amiably solve any dispute arising from their Partnership. In case this is not possible any disputes shall be settled by the Arbitration Court at The Bulgarian Chamber of Commerce and Industry.
  • The Winery shall not be liable for any costs or losses paid or incurred by the Buyer or for any loss, damage or delay incurring as a result of the non-execution of obligations by the Buyer.

 

Force Majeure

  • In case any of the Parties is unable to fulfill completely or partially its obligations because of: fire, acts of God, war, military operations of any kind, prohibition of export/import, the fulfillment of the obligations by the Parties shall be extended correspondingly for a period during which such circumstances last.

 

Duration and termination of the Partnership

  • Upon termination of the Partnership, the Buyer shall release any rights to purchase and sell the Products and to use the intellectual property rights of the delivered Products and shall support the Winery with all possible legal and administrative procedures within the Territory that need to be undertaken for their transfer to another Party chosen by the Winery.
  • The Winery shall have the right to terminate the Partnership upon written notice in the event that the Buyer shall:
  1. Be declared bankrupt or enter a voluntary petition for bankruptcy or in any way enter into a compromise or agreement for the benefit of its creditors;
  2. b. Fail to maintain in good standing all state licenses and permits necessary

for the proper conduct of its business.