Terms & Conditions

I. Definitions:
For the purposes of these general terms and conditions /GTC/, the words and expressions used have the following meaning:
1. „MACHINE IMPORT BALKANS“ Ltd. is a commercial company registered with the Registry Agency, Commercial Register and Register of Legal Entities with UIC: 208159330
2. "Client" is any legal or natural person who has a written contract or an informal agreement with „MACHINE IMPORT BALKANS“ Ltd. A client is also the person in whose favor „MACHINE IMPORT BALKANS“ Ltd. has issued a tax or pro forma invoice, as well as the person who uses goods or services of „MACHINE IMPORT BALKANS“ Ltd.
3. "Parties" are „MACHINE IMPORT BALKANS“ Ltd. and the Client.
4. "Services" are the deliveries of goods, services and any other activities that „MACHINE IMPORT BALKANS“ Ltd. provides to its clients.
5. "Offer" is the commercial offer of „MACHINE IMPORT BALKANS“ Ltd. , regardless of whether it is titled "offer".
6. "Order" is a request from a client for the delivery of goods or services, as the request can be made by phone, by email, through communication programs (Viber, WhatsApp, Messenger, Telegram, etc. similar) or in another way.
7. "Contract" is an agreement between „MACHINE IMPORT BALKANS“ Ltd. and the Client, objectified in one or more of the following documents: contract, pro forma invoice; tax invoice, etc.
8. "Handover of the goods" is the provision of the goods into the possession of the Client.
9. "Obvious defects" are those that can be detected upon simple inspection and are visible to the naked eye.
10. "Hidden defects" are those defects that are not visible to the naked eye and that are due to a violation of the material or the production process, which lead to a change in the properties and characteristics of the goods and prevent or limit their use for their intended purpose.

II. Scope and application of the general terms and conditions:
1. These General Terms and Conditions govern all relations between „MACHINE IMPORT BALKANS“ Ltd. and the Client in connection with goods/services provided by „MACHINE IMPORT BALKANS“ Ltd. and are applicable for the period from the occurrence of the relevant relations until their final settlement.
2. The Client is considered bound by the General Terms and Conditions by performing one or more of the following actions on his part: accepting an offer from „MACHINE IMPORT BALKANS“ Ltd. ; placing an order with „MACHINE IMPORT BALKANS“ Ltd. ; accept delivery of goods/services from the trade nomenclature of „MACHINE IMPORT BALKANS“ Ltd. .
3. In case of discrepancy between the General Terms and Conditions and the contract concluded between „MACHINE IMPORT BALKANS“ Ltd. and the Client, the clauses of the contract shall prevail.
4. All agreements that deviate from the general terms and conditions must be made in writing and signed by „MACHINE IMPORT BALKANS“ Ltd. .
5. For unresolved issues, the current regulatory framework shall apply. Excluded from application in the relations between „MACHINE IMPORT BALKANS“ Ltd. and the Client is the United Nations Convention on Contracts for the International Sale of Goods BGBI. 96/1988.

III. Order:
1. Commercial relations between „MACHINE IMPORT BALKANS“ Ltd. and the Client may arise in the following ways, namely:
- a visit by the Client to the base of „MACHINE IMPORT BALKANS“ Ltd. and the purchase of a certain product;
- a written or oral inquiry by the Client to „MACHINE IMPORT BALKANS“ Ltd. regarding a given product or service.
2. As a result of the inquiry, „MACHINE IMPORT BALKANS“ Ltd. provides an offer that contains the necessary information regarding the future transaction. The offer may also be objectified in a pro forma invoice.
3. When „MACHINE IMPORT BALKANS“ Ltd. has submitted an offer, the prices and conditions under this offer apply to the entire quantity and only to the goods/services specified in the respective offer. The offer is valid for a period of 30 days, unless otherwise agreed.
4. The offer is considered accepted if the Client accepts it in writing or by tacit action, which is considered to be one or more of the following actions: payment of an advance, taking actions in connection with the implementation of the transaction; acceptance of the goods/service, etc.
5. The specific transaction is considered concluded from the moment the parties reach an agreement on the main parameters, such as: type and quantity of the goods/service; price; delivery time, etc.
6. The contract is considered concluded provided that „MACHINE IMPORT BALKANS“ Ltd. has accepted (confirmed) the order or has issued a pro forma or tax invoice for the respective goods/service. The conditions for its conclusion apply to the change of the contract.

IV. Deliveries, prices and payments
1. The prices specified in the offers and in the contracts are in Bulgarian leva and excluding VAT.
2. Delivery is carried out at the choice of „MACHINE IMPORT BALKANS“ Ltd. via courier, carrier/forwarder or in another way.
3. The costs of packaging and transport are charged additionally and are at the expense of the client. The unloading costs are at the expense and responsibility of the Client. The costs of insurance of the goods are not included in the price and if the Client wishes to insure the goods, the value of the insurance is charged at the expense of the Client.
4. The costs of urgent delivery and other actions at the initiative of the Client are charged additionally and are at his expense.
5. Unless otherwise agreed, the transport and other additional costs are paid by the Client upon receipt of the delivery, for which he is issued an expense-justifying document.
6. The price of the goods does not include an installation fee, which is negotiated additionally.
7. The Customer owes payment for each tax or pro forma invoice within the period and under the conditions specified therein. Unless otherwise agreed, the Customer shall pay for the delivery at the latest upon delivery of the goods/services.
8. Payment by bank transfer is considered to have been made by crediting the bank account of „MACHINE IMPORT BALKANS“ Ltd. with the relevant amount. Upon payment, the oldest obligations are settled, regardless of the reason for payment indicated by the Customer.
9. When the goods are delivered by a carrier/courier, the same is considered to have been delivered by „MACHINE IMPORT BALKANS“ Ltd. upon delivery to the carrier/courier. From that moment on, the risks regarding the goods are transferred to the carrier and the Customer.
10. The risk of loss and/or damage to goods that the Customer has delayed paying for and/or providing assistance for their delivery shall be borne by the Customer from the moment the same was notified by „MACHINE IMPORT BALKANS“ Ltd. of readiness for delivery.
11. The envisaged delivery times are approximate. The delivery time begins to run upon specifying all details of the transaction, upon receipt of the documents related to the transaction by the Customer, as well as upon receipt of the agreed payment. The delivery time is counted until the Customer is notified of the readiness for delivery of the goods.
12. The goods/services are considered accepted by the Customer upon performing one or more actions on his/her part, namely:
– signing one of the following documents: bill of lading, acceptance and delivery document, packing list, invoice, pro forma invoice, other document;
– with full or partial payment made, excluding the advance payment;
– by performing other actions to accept the goods/service.
13. The goods/service are considered accepted by the Client if they are delivered to the delivery address agreed between the parties. If the Client wishes the goods to be delivered to a specific person, he/she should indicate this in the order or in the correspondence to „MACHINE IMPORT BALKANS“ Ltd. and ensure the presence of the relevant person during the delivery. In case of failure to meet these requirements, the Client cannot rely on actions of persons without representative authority.
14. „MACHINE IMPORT BALKANS“ Ltd. retains ownership of the goods until their full payment, together with the due compensations, penalties and others.
15. The Client does not have the right to: dispose of, encumber, process, merge and combine the goods purchased from „MACHINE IMPORT BALKANS“ Ltd. until their full payment. Actions taken by the Client in violation of this prohibition are invalid against „MACHINE IMPORT BALKANS“ Ltd.
16. In the event of a suspension/delay in the production process of „MACHINE IMPORT BALKANS“ Ltd. or its suppliers, „MACHINE IMPORT BALKANS“ Ltd. has the right to extend the delivery period or to partially/completely withdraw from the contract by notifying the Client thereof. In these cases, „MACHINE IMPORT BALKANS“ Ltd. does not owe compensation, but is obliged to return to the Client the amount received for the undelivered goods/services.
17. In the event of a delay in delivery due to reasons beyond the control of „MACHINE IMPORT BALKANS“ Ltd. , the Client may terminate the contract only after the expiry of a period agreed with „MACHINE IMPORT BALKANS“ Ltd. and provided that the shipment of the goods from the final point has not started. In these cases, „MACHINE IMPORT BALKANS“ Ltd. does not owe compensation.
18. In case of remarks regarding the transportation or courier service, the claims should be made to the respective carrier/forwarder, as “„MACHINE IMPORT BALKANS“ Ltd. ” OOD is not responsible for their actions or inactions.
19. „MACHINE IMPORT BALKANS“ Ltd. is not responsible if the Client has made a mistake regarding the type, quantity or other characteristics of the ordered goods/service. The mistake made by the Client regarding the goods/service is not a reason for its return.
20. It is the Client’s responsibility to familiarize themselves with the characteristics of the goods/service; with its purpose; with the conditions of use, maintenance and others. „MACHINE IMPORT BALKANS“ Ltd. is not responsible if the Client has not taken accurate dimensions; in case of incorrect installation/processing/use/cleaning/maintenance and other actions regarding the purchased goods/services. „MACHINE IMPORT BALKANS“ Ltd. is not responsible for the use of the goods in combination with other goods/services, including the choice of other products, work technologies, interactions between them, etc.
21. Before ordering goods/services, the Client may request from „MACHINE IMPORT BALKANS“ Ltd. information regarding the characteristics of the respective goods/service. „MACHINE IMPORT BALKANS“ Ltd. is responsible for ensuring that the delivered goods/service comply with the declared parameters in accordance with the General Terms and Conditions.
22. The Client undertakes to provide the necessary assistance to „MACHINE IMPORT BALKANS“ Ltd. in the delivery and acceptance of the goods/service.
23. In the case of deliveries made in several tranches, the inaccurate performance of one tranche does not mean the inaccurate performance of the remaining tranches. Partial deliveries are permissible.
25. "MACHINE IMPORT BALKANI" Ltd. reserves the right to make changes in terms of location, shape, color, size, material and packaging of the delivered goods compared to those presented in its catalogs and brochures.
26. The customer has the following rights and obligations:
– to receive the agreed goods no later than 7 days from the notification of their readiness for delivery;
– in case the delivery is made to the Client’s address, the latter is obliged to provide his representative for acceptance of the goods/service, as well as for signing the relevant documents;
– the client does not have the right to refuse to accept the goods/service if it complies with the agreement;
– the client undertakes, at his own risk, to examine the properties and characteristics of the goods announced by „MACHINE IMPORT BALKANS“ Ltd. or by the manufacturer;
– to pay the agreed remuneration.

V. Warranty, procedure in case of defect, liability
1. The client undertakes upon acceptance of the goods/service to examine the same and, if there are any remarks, to indicate them in writing in the document drawn up upon delivery of the goods/service.
2. „MACHINE IMPORT BALKANS“ Ltd. will not accept remarks that are not indicated in the document drawn up upon delivery of the goods/service and that concern one or more of the following elements: quantity; packaging; mechanical damage; visible defects and the like.
3. The client is obliged to immediately notify „MACHINE IMPORT BALKANS“ Ltd. of the remarks in the document that is drawn up upon delivery of the goods/service. The notification should have the following content: a brief description of the defect; the goods and their reference number; number and date of the invoice with which the goods were purchased; photographs of the defective goods/service.
4. The complaint shall be sent to the registered address of „MACHINE IMPORT BALKANS“ Ltd. in the Commercial Register and the Register of Legal Entities, as well as to the following e-mail address: info@machine-import.com
5. „MACHINE IMPORT BALKANS“ Ltd. shall send its service engineer to check the complaint. The check shall end with the issuance of a conclusion by the service engineer.
6. If the complaint is justified, „MACHINE IMPORT BALKANS“ Ltd. shall repair the goods/service that is the subject of the justified complaint at its own expense. The repair terms are in accordance with the standard terms of „MACHINE IMPORT BALKANS“ Ltd. for the delivery and repair of the respective type of spare parts related to the complaint.
7. The complaint is considered unfounded if the Client has not provided the necessary assistance to „MACHINE IMPORT BALKANS“ Ltd. for checking the complaint, as well as in cases where the Client does not immediately provide „MACHINE IMPORT BALKANS“ Ltd. with the samples requested by it.
8. At the discretion of „MACHINE IMPORT BALKANS“ Ltd. , the complaint may be settled by deducting the price of the defective goods/service or in another manner.
9. Until the issue regarding the complaint is finally settled, the Client has no right to return the goods or take other actions regarding them.
10. In the event of a complaint, the Client undertakes to keep the goods with the care of a good merchant and to follow the instructions given by „MACHINE IMPORT BALKANS“ Ltd. .
11. Minor deviations from samples or previous deliveries that do not significantly affect the functionality of the goods do not constitute grounds for making a complaint.
12. „MACHINE IMPORT BALKANS“ Ltd. is not responsible for achieving certain properties or characteristics of the goods that have not been explicitly confirmed by it.
13. In the event that the data provided by the Client are inaccurate and as a result an inaccuracy occurs in the performance, „MACHINE IMPORT BALKANS“ Ltd. is not responsible for this.
14. A complaint for hidden defects should be made by the Client to „MACHINE IMPORT BALKANS“ Ltd. within the specified warranty period and in compliance with the General Terms and Conditions.
15. The warranty period and conditions are specified in the offer/contract.
16. „MACHINE IMPORT BALKANS“ Ltd. undertakes to eliminate any functional defect of the goods due to a defect in the design, materials or production. This obligation does not apply and the warranty liability is void in the event of a defect due to:
- maintenance and use in deviation from the instructions of „MACHINE IMPORT BALKANS“ Ltd. , and in the absence of such - in deviation from the standard rules;
- omissions and errors made during storage; transportation, unloading, moving of the goods;
- excessive exploitation of the goods (exploitation beyond the resource guaranteed by „MACHINE IMPORT BALKANS“ Ltd. or in a manner that led to their practical depreciation);
- failure to comply with the instructions for installation or connection; in the event of incorrect connection schemes;
- in the event of inappropriate electrical and/or mechanical parameters; in the event of inappropriate environmental parameters - chemical, atmospheric and other influences as well as in the event of a faulty technological process;
– modification and incorporation of foreign parts and materials into the goods;
– force majeure;
– mechanical damage;
– failure to comply with the requirements for storing elastomer products according to DIN 7716.
17. „MACHINE IMPORT BALKANS“ Ltd. does not provide a guarantee for consumables and replaced parts.
18. In the event of a delay in payments, „MACHINE IMPORT BALKANS“ Ltd. does not provide a guarantee for the period of the delay, without extending the total guarantee period.
19. „MACHINE IMPORT BALKANS“ Ltd. is not responsible for damages and lost profits, unless they are caused by intent or gross negligence on the part of „MACHINE IMPORT BALKANS“ Ltd. .
20. The liability of „MACHINE IMPORT BALKANS“ Ltd. is limited to the value paid by the Client for the goods subject to the claim.
21. The claim for a warranty defect must be in writing and made by the Customer immediately upon its occurrence.
22. The procedure described above regarding claims for visible defects is also valid for claims for hidden defects.
23. The repair or replacement shall be carried out at a location designated for this purpose by „MACHINE IMPORT BALKANS“ Ltd. , after the Client has returned the defective goods or spare parts. When the nature of the defect requires the repair to be carried out at the Client’s site, „MACHINE IMPORT BALKANS“ Ltd. shall bear the labor costs for carrying out the relevant repair at its own expense, with the exception of the costs of dismantling the defective goods and installing the serviceable goods. The diagnosis of the defective element on the territory of the Client’s site, as well as its transportation to the location indicated by „MACHINE IMPORT BALKANS“ Ltd. , shall remain at the expense of the Client.
24. If the complaint is justified, „MACHINE IMPORT BALKANS“ Ltd. shall eliminate the relevant defect at its own expense and in a manner it deems appropriate. The replaced and returned parts shall become the property of „MACHINE IMPORT BALKANS“ Ltd. .

VI. Intellectual Property Rights
1. „MACHINE IMPORT BALKANS“ Ltd. provides the Client in the prescribed form with all documents that are mandatory under the Law on Technical Requirements for Products.
2. „MACHINE IMPORT BALKANS“ Ltd. is not obliged to provide working drawings, even when the goods are delivered with an assembly diagram. When providing drawings, „MACHINE IMPORT BALKANS“ Ltd. reserves the right to intellectual property on them.
3. The Client guarantees that the rights of third parties are not affected when „MACHINE IMPORT BALKANS“ Ltd. has manufactured products based on drawings, samples or other documents provided by the Client. „MACHINE IMPORT BALKANS“ Ltd. is not liable if the guarantee under this clause is not fulfilled by the Client.

VII. Compensation
1. In case of delay of the Client in payment of sums of money, the same owes to „MACHINE IMPORT BALKANS“ Ltd. a penalty for delay in the amount of 0.5% of the amount due for each overdue day, but not more than 20% of the value of the contract.
2. If the delay in the payment of the Client has lasted more than 60 calendar days, „MACHINE IMPORT BALKANS“ Ltd. has the right to take the unpaid goods, regardless of whose possession they are, without this being considered arbitrariness. In this case, „MACHINE IMPORT BALKANS“ Ltd. has the right to receive compensation from the Client in the amount of 10% of the value of the unpaid goods.
3. In case of delay of the Client in receiving the goods or in providing the necessary assistance for the delivery of the goods by more than 30 calendar days from the notification of readiness for delivery, the Client owes to „MACHINE IMPORT BALKANS“ Ltd. a penalty for delay in receiving the goods in the amount of 0.5% of the value of the goods delayed in being received, but not more than 15% of this value.
4. Penalties for delay are also due upon termination of the contract.
5. In the event that the Customer does not receive the goods for more than 60 calendar days from the notification by „MACHINE IMPORT BALKANS“ Ltd. of readiness for delivery, then „MACHINE IMPORT BALKANS“ Ltd. has the right to dispose of these goods as it sees fit. In this case, the Customer owes „MACHINE IMPORT BALKANS“ Ltd. compensation in the amount of 10% of the value of the undelivered goods.
6. If the Customer wishes to return the goods for reasons not attributable to the goods, then „MACHINE IMPORT BALKANS“ Ltd. has the right to accept the goods back if they are in the condition in which they were delivered. In this case, „MACHINE IMPORT BALKANS“ Ltd. has the right to receive 20% of the value of the goods that the Customer wants to return.
7. „MACHINE IMPORT BALKANS“ Ltd. is not liable for non-performance of a contract caused by force majeure /natural disaster, fire, war, public unrest, act of a state or other authority./ In the event of force majeure, „MACHINE IMPORT BALKANS“ Ltd. shall notify the Client of the impossibility of performance.
8. In the event that the Client delays payments to „MACHINE IMPORT BALKANS“ Ltd. by more than 30 calendar days, all other obligations of the Client shall become immediately due and payable, without the need for notification.
9. If the Client is late in making payments on other orders, „MACHINE IMPORT BALKANS“ Ltd. has the right to withhold the next order /not to deliver the goods/ until the obligation on the previous orders is repaid. „MACHINE IMPORT BALKANS“ Ltd. has the rights under the previous sentence and when reasonable doubts arise regarding the Client's solvency.

VIII. Confidentiality
1. Confidential information within the meaning of the General Terms and Conditions are: agreed prices; discounts, credit limit; collateral; term of deferred payments; work schemes; technical, financial or other information about „MACHINE IMPORT BALKANS“ Ltd. . The Client does not have the right to disclose confidential information about „MACHINE IMPORT BALKANS“ Ltd. .
2. In the event that the Client (including persons employed by him) violates the confidentiality obligation, „MACHINE IMPORT BALKANS“ Ltd. has the right to unilaterally terminate the relationship with the Client and to receive the full amount of compensation for the damages suffered and the lost profits.
3. All communications and notifications between the parties will be in writing, which will be considered complied with when sent to an address, including electronic, specified by the Client or announced in the Commercial Register and Register of Non-Profit Legal Entities. In case of change of addresses (including administrative or electronic), the Client is obliged to notify „MACHINE IMPORT BALKANS“ Ltd. within 3 calendar days of this. Otherwise, correspondence sent to the old addresses is considered to be regularly delivered. The same rule applies to changes in the persons designated to sign protocols, applications, invoices, etc.

IX. Other conditions
1. All disputes that have arisen between "MACHINE IMPORT BALKANI" Ltd. and the Client shall be resolved by agreement. If an agreement cannot be reached, the disputes shall be referred for resolution at the request of the plaintiff before the state court or before the Arbitration Court at the BCCI, in accordance with the rules of this court for resolving cases by a sole arbitrator. The sole arbitrator who will resolve the dispute shall be determined by the Chairman of the BCCI AC.
2. "MACHINE IMPORT BALKANS" Ltd. reserves the right to unilaterally amend these General Terms and Conditions and to publish them on its website at: www.machine-import.com.
3. The amended General Terms and Conditions shall be effective against the Client after 5 days from their publication. If the Client does not send a written objection within the specified period, it shall be deemed that the Client has agreed to the changes made to the General Terms and Conditions.
4. „MACHINE IMPORT BALKANS“ Ltd. is a personal data administrator and in this capacity processes and stores personal data in accordance with the requirements of the law.
5. At *click* the privacy policy of „MACHINE IMPORT BALKANS“ Ltd. is announced, which it follows in its activities.
6. The Customer’s terms and conditions are not applicable, unless „MACHINE IMPORT BALKANS“ Ltd. has expressly stated that it accepts them. These general terms and conditions have been adopted by „MACHINE IMPORT BALKANS“ Ltd. and are in force from 01.02.2025.