Sell spare parts, carry out maintenance and routine repairs and warranty repairs on vehicles and equipment in accordance with the Customer’s order in the Foilpoint workshop.
The service and the goods must comply with the technical and safety requirements established in the Republic of Estonia and the quality conditions of the manufacturer.
In the course of providing the service, replace, if necessary, spare parts necessary for the repair of vehicles and equipment, adding their cost to the price of the service.
Pre-estimate the cost of the repair works at the request of the Contracting Authority. Foilpoint does not assume any obligation to remedy a defect in the vehicle or equipment within the final amount stated in the preliminary estimate, if during the provision of the service it becomes apparent that the scope of work and the list of spare parts stated in the estimate were not sufficient to remedy the defect. However, Foilpoint shall not be entitled to exceed the final amount stated in the preliminary estimate without the consent of the Contracting Entity.
Foilpoint undertakes to provide a warranty for the goods sold and services provided in accordance with Foilpoint’s general warranty conditions. The warranty does not apply if the failure is caused by incorrect use or by faults in self-installation. The warranty for the Service is valid only if the Service has been performed using Foilpoint-supplied parts.
In the event that Foilpoint grants the Subscriber an overdraft facility, Foilpoint is only obliged to accept the order if the Subscriber’s debt under the previous order does not exceed the credit limit and the Subscriber has no debts that exceed the payment deadline.
Obligations of the Contracting Entity
Pay for services provided and equipment and goods purchased on time.
The Contracting Entity undertakes to remove from the vehicle transferred for the purpose of the performance of the Work, prior to its handover, all items belonging to the Contracting Entity or third parties (including personal items, goods, etc.), the location of which in the transferred vehicle is not necessary for the performance of the Work. In the event of a breach of this obligation by the Customer, Foilpoint shall not be liable for any damage caused (including storage, preservation, condition, etc.).
General terms and conditions for the provision of the service
The service is provided on the basis of working arrangements.
For each specific vehicle and piece of equipment, an operating procedure shall be drawn up indicating the following information :
Client details
Characteristics of the vehicle/equipment
Characteristics of the works ordered
Approval by the contracting authority
If, in the course of the provision of the Service, hidden defects in the vehicle or equipment that could not have been foreseen or other additional work are discovered, which require additional work beyond the scope of the work order and the replacement of spare parts that were not previously agreed upon, Foilpoint must immediately inform the Customer orally or in writing.
In the event of the need for additional work/replacement parts, the Customer must decide within 2 hours of Foilpoint’s notification to Foilpoint and coordinate with Foilpoint to complete the repair process in full or to terminate the work at a certain stage. If the Customer fails to inform Foilpoint within 2 hours of the further provision of the Service, or if, at the Customer’s discretion and due to circumstances beyond the control of the Customer, the Customer’s vehicle or equipment is left at Foilpoint’s workshop for more than 2 hours after Foilpoint has informed the Customer to that effect, without Foilpoint being able to continue the provision of the Service, the Customer shall be liable to pay to Foilpoint the price for the hour of immobilisation of the Vehicle in Foilpoint’s workshop, the amount of which shall be set out in Foilpoint’s price list.
Upon completion of the repair process at a certain stage of the works, by mutual agreement between the Customer and Foilpoint, the Customer shall still be obliged to pay Foilpoint for the works carried out and the spare parts and materials installed.
Upon completion of the Work, Foilpoint is obliged to inform the Customer immediately and to agree on a deadline within which the Customer must pick up and remove the vehicle.
The risk of accidental destruction of the vehicle shall pass to the Customer if the Customer fails to remove the vehicle by the agreed deadline. If the Customer fails to pick up the vehicle within seven days of the agreed deadline, the Customer shall be liable to pay Foilpoint a daily parking fee for the storage of the vehicle on Foilpoint’s territory, the amount of which is set out in Foilpoint’s price list.
Upon delivery of the vehicle, the Contracting Entity is obliged to inspect the work performed and to confirm receipt of the vehicle and the conformity of the work with the order by signing the worksheet. In the event that the service proves to be of unsatisfactory quality, the Contracting Entity shall be entitled to refrain from signing the acceptance of the Goods/Service and to submit a complaint within 5 (five) calendar days. By signing the worksheet, the Contracting Entity confirms that it is aware of the quality, technical condition and conformity of the work and goods to be accepted and that it has no claims in this respect.
If the non-conformity of the Service could not be detected during the inspection referred to in Clause 8, the Contracting Entity may rely on the non-conformity of the Service, provided that it notifies the Foilpoint Workshop foreman immediately, but not later than 5 (five) calendar days from the time the Contracting Entity discovered or should have discovered the defects.
General conditions for the sale of goods
The sale of goods is based on a written or oral order placed by the Customer.
The specification, quantity, price and delivery date of the goods to be bought/sold are fixed in the sales invoices.
Delivery of the goods will take place at the Foilpoint location, unless otherwise agreed by the parties. Together with the goods, Foilpoint must hand over the documents necessary for the acceptance, possession, use and disposal of the goods: the invoice or invoice; the written instructions for use of the goods, if the manufacturer of the goods so requires.
The Customer is obliged to inspect the ordered goods with reasonable care before signing the invoice or invoice and to notify Foilpoint immediately of any defects found.
The Goods shall be deemed to have been delivered to the Contracting Entity from the moment of signature of the invoice or the delivery note by the representative of the Contracting Entity. The ownership of the delivered Goods shall pass to the Customer at the moment when the Customer has paid the price of the Goods in full to Foilpoint.
If the non-conformity of the Goods could not be detected during the inspection referred to in Clause 4, the Contracting Entity may rely on the non-conformity of the Goods, provided that it notifies Foilpoint thereof without undue delay, but no later than 5 (five) calendar days from the time when the Contracting Entity discovered or should have discovered the defects. On the basis of a reasoned and timely complaint by the Contracting Entity, the Contracting Entity undertakes to.
Foilpoint to replace the substandard goods or, if replacement is not possible, to compensate the purchase price. Foilpoint shall not be obliged to repurchase Goods that have been specially ordered from the factory at the Customer’s request and Goods whose packaging has been damaged by the manufacturer.
Prices and payment procedures for services and goods
The Customer is obliged to pay Foilpoint a fee for the services rendered and the spare parts delivered.
Prices of goods and services are in euros. The price is subject to the VAT rate applicable in the Republic of Estonia.
The prices of the services provided and goods sold by Foilpoint are set out in Foilpoint’s price list. The Contracting Entity acknowledges that it has read and is aware of Foilpoint’s current price list. Foilpoint reserves the right to unilaterally change the prices of the Service without prior notice to the Customer.
In the event of late payment of invoices, Foilpoint shall be entitled to charge the Customer interest on the outstanding amount of the invoice, as well as other remedies for breach of obligation, including the right to recover documented costs incurred in the collection of debts.
