Terms of Business

-These General Terms and Conditions apply from 01.05.2023-

I. Subject of the General Terms and Conditions

These General Terms and Conditions of Sale and Delivery of Metali i Staklo d.o.o. Zagreb (hereinafter: General Terms) regulate the relations between Metali i Staklo d.o.o. Zagreb, Majstorska 1E (hereinafter: MiS) as the provider of manufacturing, sale, and installation services of goods from its sales and production assortment, and customers and business partners who purchase products without intending to change the shape, properties, and/or condition of the delivered/performed product/service (hereinafter collectively and individually: Client).
All mutual relations between MiS and the Client, which are not specifically regulated by these General Terms, shall be governed by the positive regulations of the Republic of Croatia.

II. Access to Information

MiS undertakes to make the following available to the Client:

information on the identity of MiS (name and place of business activity and registration number);
contact information, which enables the Client to communicate quickly and efficiently with MiS (email address, phone);
information on the essential characteristics of the products or services from the sales and production range;
information on the availability of products or services;
the manner and conditions of service execution;
information on the payment method;
information regarding the protection of personal data (available on the website www.metalistaklo.hr) and/or upon request

III. Definitions

The Contract represents the agreement of the contracting parties regarding the subject and/or service provided by MiS, including agreement on the execution price, warranty periods, execution periods, payment terms, and all other essential components of the contract, and is concluded through the offer made by MiS and accepted by the Customer.
Consumer (buyer, client of the company) – any natural person or company, the Customer, who has this status based on the applicable and appropriate laws of the Republic of Croatia.

IV. Offer/Contract

The offer from MiS is a written proposal – a document marked according to the internal nomenclature of the company MiS, including offers made via email, for the conclusion of a contract, sent to a specific legal or natural person that contains all essential components of the contract, provided on MiS business paper and signed by an authorized person of MiS and stamped, or if the offer is made in electronic form, it is valid without a signature and stamp.
All offers made to the Customer must comply with these General Terms and Conditions of Business, and the Customer’s terms that conflict with these General Terms and the specific terms stated in MiS’s offer do not apply unless MiS expressly agrees in writing. Any consent given applies only to the legal transaction for which it was given.
The offer is accepted when the funds paid by the Customer according to the terms of the offer are received in MiS’s business account, or when MiS receives any unequivocal written statement from the Customer accepting the offer, and based on these events, MiS issues the document “Order Confirmation” marked according to the internal nomenclature of the company MiS.
If the conditions prescribed in paragraphs 2 and 3 of this article are not met, no deadlines commence, which include, but are not limited to, production and/or installation deadlines, nor can actions related to the project be undertaken (e.g., preparation of specifications and technical drawings, material ordering and/or production).
Exceptionally from the provision of the previous paragraph of this article, and in the case of urgent delivery, a certified invoice from MiS by the Customer (signature or signature of the responsible person and stamp) can serve as the basis for starting the project execution process.
By accepting the offer, the Customer also accepts these General Terms and Conditions and waives its own terms that conflict with these terms.
MiS will state the period during which it is bound by its offer (so-called option offer, valid until: etc.) in each offer, and it is bound by the offer only until the expiry of the period specified in the offer. If MiS has not stated the period during which it is bound by its offer in the offer, it is considered that the offer validity period is 15 days from the date stated on the offer, provided that MiS can extend it in writing, including electronic form.
Verbal agreements, as well as those via telephone, fax, and email (except email addresses agreed upon and/or already commenced official correspondence), are binding for MiS only if confirmed in writing.
Complaints related to the content of the offer and any additional requirements must be stated in writing without delay.
It is undisputed that the works being performed and the materials used during the execution of the agreed works represent the special requirements of the Customer and that the materials and goods that MiS will order, produce, and/or install cannot be used for anything other than the agreed works.
The Customer undertakes to engage a qualified person who will approve and certify all essential and necessary technical details required for the execution of the agreed works. The Customer is obliged to inform MiS in writing about the qualified person engaged and whose qualifications fully correspond to the purpose of the engagement without delay upon acceptance of the offer. If the Customer does not engage such a qualified person, they assume responsibility for defining the technical details of the execution of works and cannot raise any objections on this basis.
The MiS offer represents the interpretation of all information and documents collected from correspondence with the Customer prior to issuing the offer (or offer revision) and is issued to the Customer or a person authorized by the Customer. The Customer is obliged to check all the provisions of the offer and raise any ambiguities before accepting it. MiS reserves the right (if necessary) to subsequently charge for parts and/or works that could not be foreseen and/or were not specified at the time of drafting the offer. Prices stated in the offer are valid only for contracting the entire scope of work stated in the offer. Any changes in quantities and/or other parameters may result in a change in unit prices of individual and/or all items in the offer. Unless otherwise specified, the offer includes standard functional parts (e.g., locking method and type) and system-standard visible fittings (e.g., handle model, thresholds, fitting colors). It is recommended to change and/or select these according to the Customer’s preference before accepting the offer, as such changes may affect the final price. Doors, windows, shutters, screens, and other standard sun protection products (if included in the offer) have limited dimensional and static properties that can vary, especially if some of the offered products are installed together (e.g., window + shutter). All such details will be agreed upon and specified by MiS and the Customer before the start of production or ordering (in which case it may affect the final price). Unless otherwise agreed, the price of the works includes only auxiliary scaffolding and ladders.
If the wind load on glazed walls is not explicitly specified with the provided inquiry documentation, we standardly determine it at Qw=0.8 kN/m2. Different Qw values may be specifically stated in offers or order confirmations. Since the calculated wind load on glazed walls and the required product classification must be determined by the responsible designer, the offeror disclaims responsibility for defects caused by deviation from this value (Qw=0.8 kN/m2) or values specifically stated in offers and order confirmations.

V. Scope and Subject of Execution

The price for each order includes the planning and technical elaboration of installation and/or production details common in the market for the specific type of work, i.e., standard solutions from the MiS detail book. Special requirements outside of MiS standards and/or unforeseen circumstances arising before the contract is concluded do not create obligations for MiS.
In the case of an informational offer made without visiting the site of the work, MiS reserves the right, upon visiting the site, to determine and charge for any additional costs for details that could not have been foreseen at the time of the offer, and the Customer had not warned about earlier. By accepting these General Terms, the Customer gives explicit consent for additional payments that would occur on this basis.
The scope of each job includes the execution of standard connections to side walls, ceiling, and floor. Work outside the described scope or additional work on connections is subject to additional charges.
Measurements at the installation site will be carried out after the MiS offer is accepted by the Customer. The Customer is obliged to provide unobstructed access to the installation site and remove all obstacles that might hinder the measurement process. Delays in the measurement process can result in delays in the production and installation process. If it is impossible to carry out the measurement in one phase or if the measurement is done in multiple phases due to other circumstances at the installation site (e.g., delays in construction or other related works, or if the Customer does not ensure an unobstructed measurement process), MiS will charge additional actions on measurements based on the actual time spent and possibly other related costs (travel, accommodation, etc.).
If the Customer requests that certain preliminary work be performed at the installation site, despite the fact that the object (installation site/project) does not yet have a valid building permit or other necessary permits for construction, or lacks or has insufficient technical/execution documentation issued by the responsible person, the Customer agrees to advance the costs for such ordered work.
In the case referred to in the previous paragraph of this article, MiS will issue an invoice for the total value of the ordered work, which must be paid in advance. For the prepaid amount, the price of the total invoiced work on the project for which a building permit or other appropriate document is subsequently obtained will be reduced.
If the Customer fails to obtain a building permit or other necessary technical or legal documentation required to start construction, MiS has the right to retain the invoiced or paid amount to cover the cost of the work performed up to that point and other actual costs incurred and damage caused by the inability to fulfill the contractual obligation by the Customer. MiS will provide the Customer with a cost statement for all such charged costs.
The process of procuring materials needed for the execution of ordered products and work begins after the offer is accepted or the written certification of all necessary relevant technical documents and notifications about relevant information (e.g., responsible persons/persons for correspondence, location, permits, etc.), as well as the fulfillment of other contractual obligations by the Customer.
The installation or sealing (connections with the construction opening) of the produced elements and installed products is limited only to those performed by MiS, or areas directly in contact with the work performed by MiS, if necessary and/or stipulated by the contract (certified technical documentation). MiS is not responsible for sealing or any other connections outside its own scope of work. Drainage and supply pipes, as well as other similar components of the object, are not within the standard scope of MiS’s work and their execution is the obligation of the Customer.
Preliminary and follow-up work necessary for the completion and functionality of the performed work (concrete, plaster, drywall, wall coverings, etc.), as well as installations (electricity, water, heating), are not within the scope of MiS’s work. The Customer is obliged to perform these at their own expense and responsibility.
MiS is not responsible for delays caused by the Customer not providing material, architectural technical documentation, or other necessary foundations and information, ensuring access or utilities on time, or requesting changes, or not paying the due advance payment, and generally for delays caused by the behavior of the Customer. MiS is not responsible for delays related to point 5 of this article, i.e., when it is impossible to predict the execution time of the work because the Customer’s object is still in the planning/construction phase at the time of contract conclusion (in which case it is not possible to take precise measurements for production; MiS in the meantime takes on other jobs for other Customers, etc.).
The Customer is obliged to ensure, at their own expense, unobstructed access to the installation site during the work period, as well as space for storing materials, products, and equipment. The consumption of water, electricity, and other energy during the work period, the cost of organizing the installation site (connections, security service, toilets) are entirely the obligation, cost, and responsibility of the Customer. The Customer has no right to charge MiS any costs based on the installation site costs. The Customer is obliged to ensure that MiS has the right to periodically use all common technical resources at the installation site that the main contractor is obliged to provide (e.g., scaffolding, crane, etc.). The Customer will ensure that MiS workers have the right to use sanitary facilities at the installation site.
To start and conduct the contracted work within the agreed deadlines, at least the following conditions must be met: 1.) all necessary technological conditions for the commencement of the specific work must be met (MiS formally introduced to the installation site in writing in the construction log or similar; installation site open for work, without seasonal or other types of work bans; all openings where positions are to be installed must be made, or all critical dimensions and characteristics of the openings must be pre-approved by the Customer, based on which production of positions will begin), 2.) all critical and necessary technical details for the execution (production and installation) of the substructure elements and other dependent works according to MiS technology must be properly certified (signed by responsible persons) by the responsible party of the Customer, 3.) all financial obligations must be paid in the manner and within the deadlines according to the contract and General Terms.
During the execution of work, MiS keeps its own construction log in which all data on the execution of individual work are entered, and if necessary, by agreement or at its own discretion, a construction book is kept, which serves for the calculation of contracted or performed work. The construction log is submitted to the responsible person of the Customer for control and signature (certification) daily. In the case of unjustified non-fulfillment of this obligation, it will be considered that the Customer has no objections to the performed work, while the Contractor is authorized to stop the contracted work, and the cost of the delay and changes in deadlines are then solely the responsibility of the Customer.

VI. Applicable Guidelines for Aluminum and Glass Surfaces

All valid guidelines from suppliers, manufacturers, and/or service providers of surface protection for aluminum surfaces in construction, in terms of visual effects on treated surfaces, are binding for MiS and the Customer. These guidelines represent the standard for assessing the quality of visual effects on the surface of aluminum-treated products (surfaces). Accordingly, color shade deviations may occur depending on the type of surface treatment. It is not possible to guarantee uniformity of color on all surfaces. When assessing the quality of surface color, a properly conducted visual assessment is crucial. The assessment is conducted in diffuse daylight from a distance of five meters for all external surfaces, or from a distance of three meters for interior surfaces, looking at the surface at a right angle of 90º (ninety degrees).
All valid guidelines from suppliers, manufacturers, and/or service providers of glass production and glass manipulation in construction, in terms of visual effects on glass surfaces, are binding for MiS and the Customer. These guidelines represent the standard for assessing the quality of visual effects on the surface of glass panels. The assessment is conducted from a distance of at least three meters at a right angle of 90º (ninety degrees) to the observed surface in diffuse daylight without direct sunlight and without the presence of alternative and artificial light sources. Possible non-uniformities that may be noticeable from a distance less than stated above are not considered defects and are not grounds for possible complaints about the quality of the performed work.
The installation of float glass on traffic surfaces is not recommended due to the risk of breakage. Laminated safety glass (LSG), consisting of two glass panels bonded (laminated) with a single or multiple durable transparent or opaque films, offers optimal safety for outdoor and/or indoor use because, in the event of breakage, the glass does not shatter but remains bonded to the film, thus eliminating the risk of passage and/or falling. Such glass also provides solid protection against burglary since it is hard to penetrate. Glass, in general, can be problematic under thermal stress across the entire or parts of the surface (e.g., part in shade, part exposed to the sun). In such cases, it is necessary to install glass shading (shutters, blinds, louvers…) to prevent the occurrence of thermal cracks (breaking/cracking of glass due to thermal influence). Thermal cracks occur as a result of uneven heating of the glass due to direct sun exposure. The glass expands unevenly, causing stresses that exceed allowable values. These damages occur due to high and uneven exposure of the glass to direct sunlight, such as when part of the glass surface is shaded, and part is not, or when several glazed sliding panels are positioned one behind the other, causing increased heating of the glass between two panels.
The above-described factors must be taken into account during the design phase and the agreement of execution details to avoid the possibility of errors caused by the unprofessional application of protective films.
Tempered safety glass (TSG) provides appropriate protection against thermal cracks in glass. Tempering is a thermal treatment process after cutting to make the glass resistant to temperature-induced stresses. In addition to temperature resistance, TSG is also safety glass in terms of its characteristic breaking into small pieces (crumbling) in case of breakage so that serious injuries cannot occur, but it is not safety glass in terms of burglary resistance. During the thermal treatment of glass, the appearance of so-called “dirt” on the glass (stains and streaks) or changes in terms of light refraction on the glass can occur. In principle, these occurrences are rare with tinted glass, while in the case of such occurrences with transparent glass, they are not considered defects and are not grounds for possible complaints about the quality of the performed work.
MiS is excluded from liability for the occurrence of the phenomena described in the previous paragraphs on the glass related to the glass production process itself.
MiS is not responsible for the occurrence of the phenomena described in the previous paragraphs if they are the result of the Customer’s choice of glass, and the choice is not in accordance with the guidelines described above. This is considered a timely and valid warning to the Customer regarding potential damage due to non-compliance with the described guidelines.
The guidelines and/or advice from MiS mentioned in this article (VI), as well as all other advice from MiS regarding the execution of works, cannot be a reason for complaints about the quality of the performed works, and MiS will not be responsible for any defects/failures of things that would be the result of advice given by MiS, given that the Customer is obliged to engage a professional who will confirm the choice of materials and the planned method of executing the ordered works by signing the execution documentation, thereby taking responsibility for the choice of materials and the planned method of executing the works (which according to the Customer’s requirements may be contrary to MiS’s guidelines). The Customer, upon accepting the offer, must immediately inform MiS in writing about the professional engaged and whose qualifications fully meet the purpose of the engagement, and if the Customer does not engage such a professional, they assume responsibility for the choice of materials and the planned method of executing the works.

VII. Subsequent Changes to Ordered Works

Subsequent changes to the ordered works will bind MiS if agreed upon in writing.
Subsequent changes to the ordered works are only possible if requested in writing before the actual start of production and ordering of materials.
If the Customer changes the ordered works after the start of production or the process of ordering materials from suppliers, and if such changes are possible, they will bear the full cost of the requested changes.
If changes are not possible or, in the case of subsequent changes to the ordered works by the Customer, MiS may extend the delivery or installation deadline for a reasonable period depending on the specific case and cannot be held responsible for delays caused by subsequent changes by the Customer.

VIII. Prices

The prices listed in the offer are valid only for the goods specified in the offer and only within the period during which MiS is bound by its offer, unless MiS extends this period in accordance with Article 4.
If there is a delay in the execution of works or delivery due to reasons on the part of the Customer, MiS has the right to immediately charge the full amount of the price regardless of the agreed payment terms, as well as to charge any additional costs incurred due to the delay in execution/delivery.
MiS may charge a higher price than the price stated in the offer when MiS’s costs during the production, installation, or delivery of products to the Customer increase due to reasons on the part of the Customer, including but not limited to subsequent changes to the order and the Customer’s failure to provide all necessary information. Furthermore, MiS has the right to make subsequent price corrections due to significant changes in market conditions (e.g., changes in raw material prices in accordance with the Special Construction Regulations of the Republic of Croatia NN137/2021, acts of God, and other positive regulations and business practices). If the agreed price has to be significantly increased, the Customer may terminate the contract, but must pay MiS the corresponding portion of the price for the works performed up to that point, compensation for necessary expenses, and compensation for damages due to contract termination.
The parity and method of delivery are defined in MiS’s offer.
By accepting these General Terms and Conditions, the Customer expressly agrees to any additional payments that may arise in accordance with this article.
Prices are stated in EUR (Euro).
The currency of payment is Euro (EUR), unless otherwise agreed by the parties, while VAT will be additionally calculated at the applicable rate.

IX. Delivery of Goods and Execution Deadline for Contracted Works

Delivery consists of delivering the goods or attempting to deliver the goods to the agreed delivery address, or if the Customer comes to MiS to collect the goods, by the Customer or their carrier taking possession of the goods. If the place of delivery and handover is not specified, the goods are handed over at the place where MiS is headquartered at the time of contract conclusion. When transportation is required by the contract, delivery to the Customer is completed by handing over the goods to the carrier. The exact time and place of delivery can be agreed upon by the parties after the completion of the agreed works.
MiS is not responsible for delays in the execution of works or delivery of goods if the delay occurred due to reasons beyond its control or due to reasons on the part of the Customer. MiS retains all rights from Article 8, Paragraph 2 of the General Terms and Conditions. Reasons beyond MiS’s control include, for example, illness/injury/death/other personal reasons on the part of key personnel for the execution of the agreed works (project manager, chief engineer, etc.), delays on the part of suppliers, natural disasters, acts of authorities, continuous long periods of adverse weather conditions.
Upon delivery of the goods to the Customer, the risk of accidental loss or damage to the goods passes to the Customer. If delivery of the goods was not completed due to reasons on the part of the Customer, the risk passes to the Customer at the moment when the delivery should have been made.
The agreed deadlines for the execution of agreed works or delivery of goods are not strictly binding but represent the expected date of execution/delivery to the installation site. The delivery process begins no earlier than the day of approval of all necessary technical documentation for the production and installation of the ordered products and commercial terms. Any deadlines stated outside the contract are for informational purposes only and are not binding for MiS.
The quality and speed of execution of agreed works or delivery of goods depend on the prompt acceptance and approval of the necessary documentation for production and installation provided to the Customer, timely securing of all necessary permits, preparatory and preceding works, and fulfilling all contractual obligations by the Customer, including payment of the agreed price. If these conditions are not met, delivery deadlines may be extended for a reasonable period in accordance with MiS’s order book.
MiS may make partial and/or phased deliveries unless otherwise agreed.
Customer’s claims for compensation for costs due to delays in execution/delivery are limited to cases of intent or gross negligence on the part of MiS. The amount of compensation is limited to the amount of the individual order or part of the order to which the delay relates.
Costs of testing, sample production, obtaining additional certificates, as well as any additional verification of delivered certificates and attestations required by the Customer, are exclusively at the Customer’s expense.
If there are reasons on the part of the Customer that cause a postponement of the agreed delivery date, MiS has the right to demand payment for the total scope of completed works on the agreed delivery date, regardless of whether a new delivery date has been agreed upon. MiS has the right to charge additional costs incurred due to the delay in delivery caused by reasons on the part of the Customer (storage costs, etc.).
In the case from paragraph 9 of this article, delivery to the installation site will be made after payment of such due claims.
If the goods are stored at MiS’s premises at the request of the Customer or for any reason on the part of the Customer, the storage date is considered the delivery date, and MiS is authorized to charge the Customer storage costs for the goods according to current market prices.
By accepting these General Terms and Conditions, the Customer expressly agrees to additional payments that may arise in accordance with this article (IX).

X. Termination of Contract

The Customer and MiS have the right to terminate the contract in cases specifically provided for in these General Terms and Conditions, as well as in cases and in the manner prescribed by the applicable laws governing their contractual relationship.
The Customer does not have the right to unilaterally terminate the contract and return the delivered goods on the grounds that the product was made according to the Customer’s specifications, i.e., clearly customized for the Customer, except for reasons prescribed by law.
The Customer has the right to terminate the Contract if the Contractor, even after a written request from the Customer, performs obligations contrary to the Contract, its integral parts, or legal regulations, or if they unjustifiably fail to perform the agreed obligations and/or unjustifiably perform them improperly despite being formally and reasonably warned by the Customer in writing.

XI. Handover of Completed Works

Unless otherwise agreed, the handover of works is carried out immediately after the completion of the contracted works or part of the works (delivery in phases). MiS will invite the Customer in writing for the handover and specify the handover date. The Customer confirms the proper execution of the works as per the order/contract by signing the handover record or provides any objections. If the Customer is unable to attend and/or sign the handover record on the handover date, the performed works are considered properly executed and without objections if the Customer does not raise any objections within 5 (five) calendar days from the handover date. On the handover date, regardless of whether the Customer was present, any remaining agreed price becomes due in accordance with the contractual terms. MiS will send a copy of the handover record to the Customer who was not present at the handover. Remedying any deficiencies cannot be a reason for the Customer to fail to fulfill contractual obligations regarding payment.
MiS has the right to perform partial handovers in case of external influences (e.g., delays of other works or documentation) or in case of performing works in several phases.
MiS is not responsible for damages to its products at the installation site caused by the Customer and/or a third party present at the installation site. The Customer is obliged to ensure the proper execution of works at the installation site, and all additional costs incurred by the fault of a third party are the exclusive obligation of the Customer.
MiS is obliged to attend only meetings that are crucial for the execution of their scope of work.
If the handover is agreed upon in such a way that the delivered goods need to be put into operation, instructions for use provided to the Customer, and training for handling the delivered goods conducted, MiS is entitled to compensation for all additional costs incurred due to this (e.g., travel and time costs, depending on the number of visits, etc.). This also applies if, due to reasons on the Customer’s side, MiS has to repeat the handover.
By accepting these General Terms and Conditions, the Customer expressly agrees to additional payments that may arise in accordance with this article.

XII. Packaging and Packing of Products

The packaging and packing of products for transport are the exclusive choice of MiS.
Pallets, supports, holders, and all other package elements remain the property of MiS, and the Client is obliged to return them to MiS without delay. They should be handled with care and cannot be used for other purposes except for the goods delivered.
In case of the inability to return the items described in Paragraph 2 of this article due to reasons on the Client’s side, the Client is obliged to bear the cost of them without delay.

XIII. Payment Terms

The Client is obliged, unless otherwise agreed, to pay the full amount within 30 days from the date of invoice issuance by MiS.
The Client is obliged to pay the agreed price at the time and place or in the manner specified in the offer or contract and these General Terms. If not otherwise agreed, the Client is obliged to pay MiS the full amount of the price for the contracted works before the delivery/installation of the ordered products, which also applies in the case of agreed partial delivery/installation.
MiS has the right to charge and collect interest on all due and unpaid amounts from the due date to the payment date according to the applicable interest rate.
By accepting these General Terms, the Client waives the right to unilaterally reduce the price in cases of possible counterclaims against MiS, regardless of the basis for their occurrence.
If the Client does not pay the agreed price on the due date, MiS has the right to delay the delivery of goods or the execution of services and to call upon the Client to fulfill the obligation or terminate the contract, in which case it is also entitled to compensation for damages.
The retention of title to the goods does not exclude MiS’s right to enforce the claim against the Client through compulsory means.
MiS may withdraw from the entire or part of the order if the Client does not fulfill due claims concerning the contracted work or in any way obstructs MiS in the execution of the contracted works by violating the provisions of the contract or may terminate the contract and seek compensation for damages.
In the event of the Client’s delay in fulfilling due claims, MiS may request a security instrument for the claim, and the Client is obliged to provide the requested security instrument without delay.
Payment is considered completed when the payment is visible on MiS’s business account.

XIV. Retained Rights

Samples, brochures, and other information obtained from promotional materials do not bind MiS and serve solely as a means of description to give an impression of a particular product or goods.
References to technical standards serve solely to describe the performance and capabilities of the products, not as a description of warranty features.
MiS may make necessary changes in design, product modifications, or implementation process changes, as well as changes in material selection and product shapes that do not diminish its effectiveness if they represent technological improvements and do not significantly affect the Client.
Advice given by MiS to the Client is non-binding for either party.
Information and data relating to the suitability, application, or utility of the products, calculations, drawings, sketches, and the like concerning fitting, design, layout, processing, finishing works, assembly, statics, costing, and assistance in price calculations do not bind MiS.

XV. Liability for Defects

The Customer is obliged to inspect the product and notify MiS of any defects without delay, and no later than within the agreed or legally stipulated deadlines, otherwise, they lose the rights that may arise from this basis.
After the handover of the goods, MiS is not responsible for defects that could have been noticed through regular inspection, and about which the Customer did not notify MiS within the period specified in Article 11 of the General Terms and Conditions. If a defect that could not be detected through regular inspection appears later, the Customer may refer to it if they notify MiS without delay, and no later than within one month from its discovery. However, after two years from the handover of the completed work, the Customer can no longer refer to defects.
If the delivered goods have defects that the Customer notified MiS of in writing within the legally stipulated period, MiS will rectify the defect within a reasonable time.
To the extent that MiS’s liability is excluded or limited, the exclusion and/or limitation applies to MiS’s employees as well.
MiS is not responsible for defects in the product if the product is maintained or used in any way other than in accordance with MiS’s instructions, or if the defect occurs due to force majeure or the Customer’s negligence towards the product, as well as in situations where the product has been modified in any way or if the Customer has carried out repairs on the product in a service center not authorized by MiS or if the defect arises from any cause or circumstances beyond MiS’s control.
In the event of defects, MiS relies on the truthfulness and accuracy of the statements and documents provided by the Customer before the start of work, and in the case of inaccurate data provided by the Customer, MiS’s liability for the defect in the product or any damage and all costs incurred by MiS in this regard are excluded.
If the contracted works do not include the installation of the products, MiS cannot be held responsible for any defects related to the installation itself, nor is it bound by given advice, suggested standard installation details, or experiential data.

XVI. Warranty and Warranty Period

MiS guarantees the Customer the correctness of the goods for a period of 2 (two) years from the date of delivery to the Customer. Warranty claims can be made by the Customer within 2 (two) years from the date of receipt of the goods, in writing, within 7 days from the date when the defect was discovered, as stipulated in Article 19, paragraph 2 of these General Terms and Conditions. The warranty period starts from the date of recorded handover of all or part of the contracted works (phased handover).
The warranty on construction and sealing applies to the complete construction performed by MiS (roof and side walls). MiS is the only authorized service to perform annual service of the products and carry out repairs on the products during the warranty period.
MiS guarantees the specified properties for airtightness according to EN 12207, watertightness according to EN 12208, and wind load resistance according to EN 12210 for window and door elements supplied and installed by MiS.
MiS guarantees the correctness of the surface protection (plasticization and anodizing) of the product. This warranty primarily includes protection against corrosion. Effective protection of painted surfaces from aggressive environments (protection against increased chlorine concentration in the air, proximity to the coast, swimming pools, public garages, etc.) and against crack corrosion is only available as an option in the form of pre-anodizing or anodizing, which must be additionally specified when ordering. Loss of color, gloss, and rough surface effect are regulated by the guidelines of Qualanod, Qualicoat, and GSB, which apply to such cases in terms of surface defect classification.
Functional reliability of the supplied products and materials is ensured only under the condition of normal use or use in accordance with MiS or manufacturer’s instructions and documented annual services during the warranty period. Annual services are carried out by MiS or another person approved by MiS once a year during the warranty period.
Moving and mechanical parts (fittings) require regular maintenance. The warranty covers only the replacement or repair of defective parts and only after the assessment by a MiS expert regarding the need to maintain the quality of the product. The approved MiS expert has the right to perform the repair twice before considering the possibility of replacing the faulty part. Annual services during the warranty period are subject to additional charges according to the valid MiS price list and are not included in the product price. MiS will inform the Customer of the content of the said price list upon request, and no later than before performing the first such service by issuing an offer.
In the case of a justified warranty claim, MiS undertakes to repair the product within a reasonable time, and if it does not do so, the Customer has the right to request that a correct product be provided instead.
When invoking the warranty, the Customer is obliged to present MiS with the original invoice for the warranty item, as well as proof of fulfilling the obligation regarding it.
If MiS is engaged in rectifying a defect that is not covered by the warranty, it may refuse to perform the work or charge for the necessary work with the consent of the Customer. For this purpose, MiS will issue the Customer an offer describing the work and the necessary materials and parts for the repair, which the Customer can accept in writing by the signature of the responsible person or by paying according to the offer.
Spare parts installed in equipment or devices that are not under warranty remain the property of MiS until the full amount of the repair is paid according to paragraph 9 of this article.
The warranty period is extended by the duration of the product repair, and in case of product replacement, the warranty period starts anew from the date of the replacement. If only a part of the item is replaced or significantly repaired, the warranty period starts anew only for that part.
The warranty and warranty period for all installed electronic and electrical parts are subject to the manufacturer’s warranty conditions, which MiS will provide to the Customer upon delivery of the products.
The warranty and warranty period for glass are subject to the manufacturer’s warranty conditions, which MiS will provide to the Customer upon delivery of the products. Breakage of glass is not covered by the warranty.
The warranty does not apply to: (a) consumable parts, such as batteries, bulbs, protective films, etc., which are designed to wear out over time, unless the defect occurred due to material or manufacturing defects; (b) aesthetic damage including, but not limited to, scratches, minor dents, etc.; (c) damage caused accidentally, by improper use, or by force majeure; (d) damage caused by using the product outside the given guidelines and instructions for use, as well as damage caused by the Customer’s negligence and improper maintenance; (e) damage caused by unauthorized servicing (including upgrades, extensions, repairs, modifications, or refurbishments) by a service not expressly approved by MiS in writing; (f) products modified without written approval from MiS; (g) damage caused by regular use.
The warranty does not include installed equipment covered by the manufacturer’s warranty (motors, sensors, automatic door closers, etc.).
If the warranty claim is found to be unfounded (e.g., if the Customer did not use the product in accordance with the instructions for use or maintenance) or if MiS needs to perform any preparatory work to inspect the product (e.g., cleaning the space where the product is located), MiS is entitled to reimbursement of all costs incurred during such an intervention, including travel expenses and costs for all repairs performed, according to the valid MiS price list. MiS will inform the Customer of the content of the said price list (or according to the previously issued offer), and by accepting these General Terms and Conditions, the Customer explicitly agrees to additional payments in accordance with this article.
The warranty does not affect other rights of the Customer that belong to them on other legal grounds.

XVII. Retention of Ownership of the Product

To ensure the payment of the contracted price and other claims under the contract, including applicable interest, MiS retains ownership of the items it has made or repaired, as well as other items entrusted to it by the Customer in connection with its work. If the goods for which payment has not been made within the agreed period are sold, payment is made exclusively to MiS.
The Customer is obliged to immediately inform MiS of any damage that occurs to the product, as well as any enforcement, insurance, bankruptcy, etc., proceedings that should be carried out on the product or may result in a violation of MiS’s ownership rights. Otherwise, the Customer is liable to MiS for the damage caused by untimely notification.
If the goods are in the Customer’s possession, the Customer is responsible for accidental destruction or damage to the goods from the moment of delivery. If the goods are kept in storage during the retention of ownership rights, the Customer must store them separately from other goods. The Customer is obliged to visibly mark the goods as the property of the seller (retention of ownership).

XVIII. Other Provisions Arising from the Contractual Relationship

The Customer’s rights under the contract are non-transferable.
Illustrations, drawings, sketches, plans, calculations, and other documents created by MiS are subject to copyright protection. The Customer is obliged to compensate for any damage that may arise from the violation of the described protected rights.
Copyrights, as well as intellectual property rights, on MiS’s goods or services, remain the property of MiS or its licensor.
Any omission or delay by MiS in exercising its rights under the Contract or these terms shall not be considered a waiver of such rights.
MiS has the right, without the written consent of the Customer, to advertise and present the executed works publicly as a reference, but in any case, it must not mention any specific details about the location, Customer, and/or Investor (e.g., text accompanying published materials: “private villa on the Adriatic coast”).

XIX. Place of Performance, Submitting Complaints, and Correspondence

The usual place of delivery of goods and payment for services is the headquarters of MiS, unless otherwise expressly agreed.
Complaints, requests, and all notifications from the Customer arising from the contractual relationship shall be submitted in one of the following ways: in writing by mail to the address Zagreb, Majstorska 1E, in the premises of MiS at the address Zagreb, Majstorska 1E, by submitting a written complaint, or by email to the address: ured@metalistaklo.hr.

XX. Changes on the Client's Side

In the event of conditions being met for initiating or the initiation of bankruptcy/pre-bankruptcy/liquidation proceedings against the Customer, including proceedings under the Consumer Bankruptcy Act, during the term of the contract, the Customer, or the bankruptcy trustee, or the liquidator, is obliged to notify MiS in writing of such conditions or the initiation of such proceedings without delay, and no later than 8 (eight) days from the date of filing the proposal for the opening of these proceedings.
MiS has the right to terminate the contract and claim damages in the case described in paragraph 1 of this article, as well as in the case of initiating proceedings to examine the conditions for opening bankruptcy/liquidation/pre-bankruptcy proceedings and proceedings under the Consumer Bankruptcy Act, as well as in the case of criminal proceedings being initiated against the Customer.

XXI. Dispute Resolution

Disputes arising from this contractual relationship, including disputes regarding the interpretation, application, or execution of the General Terms and Conditions, will be attempted to be resolved amicably by MiS and the Customer.
If the contracting parties are unable to resolve their disputes amicably, the competent court will be the court with substantive jurisdiction in Zagreb, applying the substantive law of the Republic of Croatia.

XXII. Final Provisions

The General Terms and Conditions will be published in the business premises of MiS.
If one or more provisions of the contract or these terms and conditions are null, unenforceable, or become so, it will not affect the validity of the remaining provisions which remain in force, provided that the purpose of the contract can be achieved without such provisions.