These terms apply to the purchasing and ordering processes of the materials in the product range of the seller (Küttemaailm OÜ, registry code 11119508, Kadaka tee 181, Tallinn 12618) and the customer (company or private person).
Upon making a purchase, the customer confirms that they have familiarised themselves with the seller’s terms that are valid at the time of purchase (the Purchase Order Terms and Conditions will sent by the seller together with the invoice at the time of the order).The customer submits a request for a price and the seller prepares a quote, which shows the final price of the ordered material, the approximate delivery time and the payment terms. Before the final confirmation of the order, the customer must make sure that the information in the quote (material, quantity, dimensions, etc) is correct.
The sales contract is deemed to have been concluded upon the receipt of the amount due indicated on the terms of the quote to the seller’s bank account. The order will be cancelled if the customer has not paid the purchase amount within the prescribed period. The seller has the right to withdraw from the sales contract or refuse to provide the service, returning 100% of the prepaid amount to the customer, in the following cases: the material is no longer available (production ceased); the manufacturer has changed the selling price without prior notice; for reasons beyond the control of the seller, the delivery of the material is no longer possible.
Unless otherwise agreed on, upon receipt of the order the material will be handed over at the seller’s warehouse. Upon acceptance of the material, the customer is obliged to review the material and check the conformity of the order (including the accompanying documentation) with the terms of the order. If the customer identifies discrepancies during the transfer of the material (in particular, non-conformity related to quantity and assortment, as well as external injuries), the non-conformity must be described to the seller as accurately as possible. If the non-conformity of the material with the terms of the order is not described or is described with insufficient accuracy, due to which it is not possible to determine the non-conformity with the terms of the order at the time of the transfer of the material, the order will be deemed to have complied with the terms of the order contract at the time of the transfer. The seller is not responsible for the existence of the material’s special properties (including, for example, the existence of a certificate, certificate of conformity, etc) and/or criteria (including, for example, due to the design documentation of a particular building or the like) requested by the customer.
The seller is entitled to give an additional warranty (manufacturer’s warranty) to the material provided that it has been properly installed, operated and/or maintained in accordance with the installation and safety instructions, and in the absence thereof, in accordance with the conditions established by the manufacturer. For the sake of clarity, the customer specifies that for the material covered by the additional warranty, the corresponding warranty conditions are issued by the seller and otherwise the warranty will not be extended to the material.
Clause 3 of subsection 4 of § 53 of the Law of Obligations Act provides that the 14-day right of withdrawal does not apply to the delivery of goods made to the consumer’s specifications. All materials ordered from the seller are always manufactured according to the customer’s specifications (dimensions, connections, colour, etc as a special order; therefore, the right of return does not extend to any material in the seller’s product range.
The seller will not be liable for damage caused by the customer or a third party due to improper use of the material (including improper maintenance and/or installation in disregard of the installation instructions). The seller will also not be liable for any damage incurred during the transportation or reloading of the material. The seller’s liability in the case of non-conformity of the material only includes the repair or replacement of the defective material. The seller will not be liable for any damages or costs arising from the repair or replacement of defective material, including losses incurred or caused to third parties. The seller is also not responsible for the costs of additional operations indirectly related to the repair or replacement of defective material, including, for example, labour, construction and excavation equipment, lifting and other auxiliary equipment, transportation and follow-up work costs that are not directly related to the repair and/or replacement of the defective material.
Ancillary agreements, statements and confirmations of the seller’s personnel and representatives will only be binding on the seller if confirmed in writing by the seller. In no case will indirect damage (including lost revenue) or possible non-material damage to other persons related to the customer be compensated if the terms of the order contract are breached, whereas if the limitation of liability is void due to the applicable law, the seller’s liability to the customer in respect of any claims is limited to the non-conformity to the conditions of the contract sold to the customer and/or the seller’s fault for not delivering the material to the customer at the sale price.