1. Preliminary provisions

General terms and conditions (hereinafter referred to as: General Terms) of the Company ASPAR-RIGGING d.o.o. (hereinafter referred to as: ASPAR-RIGGING) are an integral part of every Purchase Agreement / Agreement on Provision of Services concluded with Buyers.

2. Definitions

“Buyer” – any legal or natural person that orders products and/or services from ASPAR-RIGGING under these General Terms.

“Terms” – these General Terms together with any written special arrangement between the Buyer and ASPAR-RIGGING. In case of conflict, the special arrangement prevails.

“Agreement” – Purchase Agreement / Agreement on Provision of Services.

“Products” – products and services (including installation) specified in the relevant Agreement.

3. Terms of business

3.1. General Terms and any special arrangements form an integral part of every Agreement and do not affect Buyer’s statutory rights.

3.2. Orders and amendments are primarily placed in writing, but may be placed orally. An Agreement is deemed concluded only once ASPAR-RIGGING confirms the order in writing or verbally, or upon delivery of the product / provision of the service.

3.3. These General Terms supersede all prior written or oral conditions regarding orders and deliveries of products and/or services between the parties.

4. Offers

4.1. Written offers are valid for 30 days from the date issued, unless otherwise stated. If not accepted within this period, the offer lapses.

4.2. An accepted offer may be withdrawn only if the withdrawal notice reaches the offeror before or at the same time as the notice of acceptance.

5. Prices

5.1. The product / service price is the price listed in the offer or relevant Agreement.

5.2. All prices are quoted net of VAT in euro (or another foreign currency with a euro counter-value) and exclude packing, insurance, transit and transport costs unless otherwise stated.

5.3. ASPAR-RIGGING may occasionally run promotional or auction sales under separately defined conditions (duration, quantity limits, discounts, etc.). After such promotion ends, orders under those terms are no longer accepted.

6. Orders and specifications

6.1. No order is binding on ASPAR-RIGGING until confirmed in writing or verbally.

6.2. Quantity, quality, description, price and specifications are defined in the Agreement. Any subsequent change requires a new Agreement.

6.3. If ASPAR-RIGGING manufactures or works on a product per Buyer’s instructions, Buyer indemnifies ASPAR-RIGGING against all losses, costs and third-party claims arising from such instructions, except where caused by ASPAR-RIGGING’s intent or gross negligence.

6.4. ASPAR-RIGGING may make amendments or repairs required by safety, legal or other regulations.

6.5. The Buyer may, without stating reasons, unilaterally terminate an off-premises or distance Agreement within 14 days of taking possession of the product. Termination must be communicated via the prescribed form. If the Buyer cancels an accepted order outside this period, they must reimburse ASPAR-RIGGING for all damages and costs (including lost profit, labour and materials).

6.6. No Agreement constitutes a sale by sample or model, even if the product was shown to the Buyer.

7. Payment

7.1. The Buyer pays 70 % of the agreed price in advance; the balance is due immediately before final delivery unless otherwise agreed.

7.2. ASPAR-RIGGING may delay production / service until the advance payment is received.

7.3. The Buyer shall pay in euro (or another agreed currency) without deductions or set-offs, within the agreed term. ASPAR-RIGGING may withhold delivery until payment is received and charge storage according to the valid price list.

7.4. Payment methods:

• Cash on delivery (within Croatia) – payable in cash to the courier; credit cards not accepted.
• Bank transfer – via internet banking or at a bank, post office, FINA, etc.

7.5. Late payments bear statutory default interest under the Croatian Civil Obligations Act, irrespective of any loss suffered.

8. Providing information

8.1. The Buyer must supply complete order details and all information needed for timely fulfilment.

8.2. Delays caused by the Buyer’s failure to provide information are at the Buyer’s sole risk; ASPAR-RIGGING is not liable.

8.3. ASPAR-RIGGING is not liable for damage arising from Buyer-supplied designs or materials, once the Buyer has been appropriately warned of any deficiencies.

9. Delivery

9.1. ASPAR-RIGGING delivers within the agreed period or, if none is set, within a reasonable time.

9.2. Delivery times are indicative and not essential terms unless expressly agreed.

9.3. If no delivery date is specified, the Buyer must accept the goods when ASPAR-RIGGING notifies that they are ready.

9.4. Public holidays, Sundays, other non-working days and collective leave are excluded from delivery periods.

9.5. If the Buyer refuses or delays acceptance, goods are stored at the Buyer’s cost and risk.

9.6. ASPAR-RIGGING is not liable for delays caused by extraordinary, unforeseeable events beyond its control.

10. Guarantees

10.1. Products/services are covered by the manufacturer’s quality guarantee (except Buyer-supplied materials, paints and coatings) from the date of hand-over, provided the invoice is fully paid and the product is used as prescribed.

10.2. ASPAR-RIGGING is not liable under guarantee if the price is not fully paid.

10.3. Component manufacturers’ guarantees pass to the Buyer upon delivery, provided payment is complete.

10.4. The Buyer must report visible defects within two months of discovery and no later than two years after risk transfer.

10.5. ASPAR-RIGGING is not liable for defects known to or reasonably discoverable by the Buyer at contract conclusion.

10.6. ASPAR-RIGGING is not liable for defects arising after delivery due to normal wear, material fatigue, unskilled use, careless handling or Buyer / third-party repairs.

10.7. If the goods supplied by Aspar-Rigging are found to be defective, we reserve the right to charge the costs of travel and accommodation, dismantling and assembling equipment, installation and deinstallation, as well as the costs of dispatching and returning defective items to our principal business address, the manufacturer’s address, the buyer’s address, or the vessel’s location.

11. Risk in the case of delay by the Buyer

11.1. Risk of accidental loss or damage passes to the Buyer if:

• delivery could not be completed due to the Buyer’s delay;
• for generic goods, once ASPAR-RIGGING separates the goods and notifies the Buyer;
• for indivisible generic goods, once ASPAR-RIGGING performs all actions enabling collection and notifies the Buyer.

12. Ownership rights

12.1. Title remains with ASPAR-RIGGING until full payment is received.

12.2. Title also remains until all other unpaid goods delivered to the Buyer are paid in full.

12.3. Until payment, the Buyer must store goods separately and mark them as ASPAR-RIGGING’s property.

12.4. If payment is not received, ASPAR-RIGGING may repossess the goods at any time.

13. Extraordinary external events

If performance becomes impossible due to extraordinary, unforeseeable events beyond the parties’ control arising after contract conclusion, both parties’ obligations cease. If the Buyer has partially performed, restitution applies under unjust enrichment rules. ASPAR-RIGGING must notify the Buyer of such events or be liable for resulting damage.

14. Liabilities

14.1. Except for death or personal injury, ASPAR-RIGGING’s liability for ordinary negligence is limited to the total contract price.

14.2. The Buyer must submit written complaints within eight days of receiving goods/services; ASPAR-RIGGING will respond within 15 days.

14.3. Risk passes to the Buyer upon hand-over to the Buyer or a carrier chosen at the Buyer’s request. Carrier claims must be submitted within the carrier’s general terms; noting issues on the consignment note is insufficient.

15. Notifications

Notices under these General Terms must be in writing and delivered personally, by registered mail, email or fax, with proof of receipt.

16. Personal data protection

16.1. ASPAR-RIGGING collects and processes personal data necessary for service provision in accordance with applicable data-protection regulations.

16.2. The Customer may at any time exercise the rights of access, rectification, erasure (“right to be forgotten”), restriction, portability, and objection before ASPAR-RIGGING or the supervisory authority (AZOP).

16.3. Personal data are kept only as long as reasonably needed for the purpose collected or for the statutory retention period (e.g. accounting, archives).

16.4. ASPAR-RIGGING implements appropriate technical and organisational measures to ensure data accuracy, completeness, currency and security against loss, misuse, unauthorised access, disclosure, alteration or destruction.

16.5. The privacy policy is available at www.aspar-rigging.hr/en/privacy-policy.

17. Jurisdiction and applicable law

17.1. Disputes shall first be settled amicably; failing that, the competent court in Rijeka has jurisdiction and Croatian law applies.

17.2. These General Terms and any special agreements are construed in accordance with Croatian law.

17.3. Invalidity of any provision does not affect the validity of the remaining provisions.

17.4. These General Terms are drafted in Croatian and English; in case of discrepancy, the Croatian version prevails.

18. Entry into force

These General Terms and Conditions enter into force on 20 May 2025, thereby revoking the General Terms and Conditions of May 2020.

In Rijeka, on the 12 May 2025.