Allgemeine Geschäftsbedingungen

1.     The following General Terms and Conditions regulate the relationships between “Metallwerk” LTD (referred to as “Metallwerk”), its customers with their assigned orders (referred to as “Customers”) and its partners (referred to as “Suppliers”), which supply materials, machinery, equipment and provide subcontracting.
2.    These General Terms and Conditions reveal the contractual content of business relations between both Metallwerk and Customers, as well as Metallwerk and Suppliers, as long as they are not supplemented or amended by special provisions such as active special provisions, agreed upon specific orders, deliveries, activities, actions or agreements. The General Terms and Conditions are mandatory for both the Customers and the Suppliers as a set of rules and regulations, in order to ensure the proper business relationships between them and Metallwerk.
3.    The legal force of the present General Terms and Conditions is not limited by time or in scope. They do not refer only to an individual order or a transaction, which can be provided by Metallwerk.
4.    Metallwerk does not guarantee and is not responsible for any changes related to the legal regime of the order or transaction, nor for any circumstances that occurred due to reasons beyond its control.
5.    5. In relation to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), Metallwerk 's Contractors (Customers and Suppliers) declare an agreement to provide Metallwerk with personal data submitted via the online platform for inquiries, via e-mail or in person at the office. By agreeing to these General Terms and Conditions, the Contractor hereby declares that he or she voluntarily provided his or her personal data and data of the persons authorized by him or her and gives his or her explicit consent that Metallwerk can store, process and use his or her personal data and those of the persons authorized. He or she also consents and authorizes Metallwerk to provide information or personal data of the Contractor to its lawyers, accountants, auditors and other external consultants and persons in a contractual relationship with Metallwerk, as well as other financial institutions in the country and abroad in cases where they belong to the same business group or are affiliated with Metallwerk under the applicable law. This also includes the offering of products and services, as well as the research on those products and services offered by Metallwerk.

1.     All services provided by Metallwerk are calculated on the basis of the following factors: the current market value of the incorporated materials, the time necessary for the production of the order and the human resource used for the performance of the service.
2.    Requests, orders or order confirmations should be delivered electronically via e-mail (e-mails are present on the Metallwerk website). All orders are considered as a concluded production contract. When the confirmation of the manufacturing order by the Customer is done on the phone, it is considered only a start for the provision of the materials on the given assignment. In order to truly begin the production process, an official written request should be submitted electronically.
3.    A manufacturing order is considered accepted by Metallwerk through a written confirmation by e-mail and/or by sending an Invoice to the Customer. The Customer is obliged to guarantee that the e-mail address provided by him or her is correct so that e-mails sent from Metallwerk can be received. In particular, the Customer has to ensure that all e-mails sent by Metallwerk can be delivered also when SPAM filters are enabled.
4.    Metallwerk proceeds to a detailed pricing only when all necessary technical information for the execution of the order is on its disposal: 3D models and assembled units generated and defined in a Sheet metal or a Weldment environment (*.sldprt; *.sldasm; *.stеp; *.iges), 2D CAD files (*.dxf; *.dwg) and vector drawings (CAD, *.pdf) must be on part level with the relevant standards and tolerances; finishing operations; requirements for quality control by standards other than the work standards of Metallwerk, with specified important control sizes. The processing of assembled DWG/DXF files and drawings in all other formats (including submitted only on paper) is calculated on the basis of the processing time and will be included in the offered price. The price proposal (or “offer”) is made up only after a submitted request by the Customer and the delivery of all necessary documents and relevant information regarding the order in the following manner:

4.1.    For laser cutting, punching, bending, welding, mechanical processing, fasteners installation, and/or painting of sheet material.

4.1.1.    General Conditions for standard calculations when the order is performed with Metallwerk’s materials:    In the calculation for cutting, where the usability is under a whole sheet, the minimum value of the material is taken, which is a multiple of the width of the sheet (у) and 1/4 of its length (x), or when the length of the workpiece commensurate with its length (x), a minimum of 1/2 of its width (y) is calculated. The time needed for machine setting and cutting of the workpiece/s is added to its value. The previous applies also to standard materials and to those materials that Metallwerk maintains in stock. In the need of purchasing a special material, the Customer pays 100% of its value, regardless of how much of the material is being used.    In the calculation for the bending of the sheet, the preparation time is considered (where the minimum is half an hour).    The calculation of liquid painting is based either on the overall size or on an area basis, obtained through creating a 3D software drawing (where the minimum is 1 m2).
4.1.2.    Metallwerk also performs orders with materials provided by the Customer. In such event, 20% additional time are added to the time for laser cutting, due to the necessary changes in the cutting conditions of the machines. The permissible merging in laser cutting with the Customer's material is up to 5% of the issue.
4.1.3.    The Customer is aware and agrees that after the completion of the first order, Metallwerk reserves its right to post-calculate and correct the price in a future re-assignment. Metallwerk reserves its right to refuse an order with the customer’s material, if the supplied material does not meet Metallwerk requirements, which includes: abnormal deviation in the flatness of the material, as follows: DC01 - EN 10130/EN10131 FS; S235/355/420 – EN10025/EN10051 FS; DX51D+Z275 - EN 10346/EN10143 FS; DX51D+AZ (Galvalume) - EN10346/EN10143 FS; DX51D+ZM (Magnelis) - EN 10346/EN10143 FS; any violation on the face surface, including dents, scratches, corrosion, etc.
4.1.4.    The Customer is aware and accepts that the process of setting the materials into the machines can leave traces and prints, which can be minimized as much as possible, but cannot be fully avoided. The bending press machine for example leaves marks on the materials on the line of bending. The protection of those marks/scratches is calculated separately and can be added to the offer.
4.2.    The Customer is aware and accepts that after the completion of the first order, Metallwerk reserves the right to post-calculate and correct the price in a future re-assignment.
4.3.    The Customer is aware and accepts that Metallwerk cannot be held responsible for any errors or insufficiencies in the documentation submitted by the Customer and that the correction/s will be strictly Customer expenses.

5.    The standard deadline for creating an indicative offer by Metallwerk is 2 (two) business days. Depending on the volume of the order and the entirety of the information provided by the Customer, as well as in the case of absence of vector drawings, however, this period can increase up to 5-7 business days. (Vectorization of drawings done by Metallwerk is calculated based on time and is included in the price offer). Correction of omissions or errors in the models and drawings submitted by the Customer are calculated additionally, regardless of the stage of the execution of the order when the adjustments were made.
6.    A concrete offer is created after the official confirmation of the assignment and it should be submitted within 5 business days.
7.    Each offer is valid for 30 (thirty) days. The proposed manufacturing period is valid upon confirmation done within 2 (two) business days of its obtainment. That is also the amount of time that the requested materials are kept. The validity relates exclusively to the services of Metallwerk. If there are changes in the price of the material before the order is confirmed by the Customer, Metallwerk reserves the right to undertake price adjustments accordingly.
8.    The indicative time to perform an order is 20 business days. The real production time of orders is calculated on the basis of the current load and the planned production tasks. The time can be shorter or longer also depending on the complexity of the execution.
9.    When possible, production orders are executed within 3 (three) business days, as long as they do not require the delivery of specialized material and their volume do not exceed 2 hours of cutting time. Upon delivery of non-standard materials, the deadline for the execution of the assignment begins on the day on which the material is delivered at the location of Metallwerk.
10.    The execution of every order by Metallwerk is performed on the basis of a pre-specified technologically productive process. If during the course of execution, it is found out that it is impossible to finish the order, Metallwerk has the right to ask for a renegotiation of the contract price, due to the changes in technology or due to the additional costs for subcontracting. Metallwerk may also withdraw from the contract by handing over the details on the current stage of their completion and in return to receive only 90% of the agreed amount, however, still strictly related to the stage of completion of the details.
11.    The Customer is aware and accepts that when adjusting the assignment submitted in writing on its behalf, after an already started order, its production is stopped at the stage in which it is located. The necessary changes to the production documentation are applied. Where possible, the workpieces produced so far are corrected. All costs incurred for the changes, as well as for already manufactured workpieces, which are impossible to correct, are at the expense of the Customer. The term of the order is extended by as many days as it has taken for the processing of the documentation and the workpieces.

12.    Standard pricing and payment terms:
12.1. Pricing
12.1.1. Minimum order value for the processing of sheet material – 240.00 BGN including VAT (includes pricing for NC programming).
12.1.2. Expenses for 3D modeling – 80.00BGN/hour, but not less than 30min.
12.1.3. Expenses for 2D modeling – 40.00BGN/hour, but not less than 30min.
12.1.4. Expenses for NC programming – 25.00 BGN/pcs (only for new parts). Not charged for orders over 600.00 BGN for laser cutting of sheet material.
12.1.5. Metallwerk prices are EXW (ex works). Packaging, transport, shipping and custom charges are charged separately. Transport оr other insurance may be concluded at the request of the Customer and at their expense.
12.2. Conditions:
12.2.1. Before starting an execution of an order for a new Customer, a 100% advance payment is required.
12.2.2. For orders for manufacturing of value under 400.00 BGN – 100% advance payment is required.
12.2.3. For orders for manufacturing of value over 400.00 BGN – 50% advance payment is required and 50% when it is ready for shipping.
12.3. Payment of an order is considered completed when Metallwerk 's account is credited with the payment equivalent. In the event of late payment, under conditions of delayed payment, the Customer must pay a default interest on amount of 10% on an annual basis. In case of partial payment of overdue liabilities, the latter should be redeemed in the order of their occurrence.
12.4. For Customer orders that differ from standard ones, a separate contract order is concluded where all terms and conditions and methods of payment are negotiated.
12.5. Sample production (prototype products):
12.5.1. Laser cutting of sheet material – a circulation price is calculated that is multiplied by three for the prototype production.
12.6. In the event that for the performance of a certain assignment the manufacture or the purchase of a specialized non-standard instrument is necessary, the value of the latter is due 50% upon starting the order and 50% when it is ready for shipping. This provision is also applicable for the production of samples.
12.7. In the event that the Customer cancels the order unilaterally after the performance of the advance payment, but before the start of deliveries and production cycles, the Customer is entitled to receive back 50% of the amount paid. If the process of delivery or production has started, the Customer is due to pay all agreed amounts in the contract up to the stage of the detail manufacturing. All manufactured material or details is/are handed over to the Customer together with a Protocol of Delivery and Acceptance and an invoice.
12.8. In the event of impossibility to complete the order within the agreed term due to Metallwerk’s fault, Metallwerk is responsible to compensate at the rate of 0,1% per day, limited to 10% of the total order value. Metallwerk cannot be held responsible for the delay or non-performance of on order due to cases of force majeure circumstances, like delayed deliveries of raw materials, due to bad weather or severe accidents with the machines, related to the manufacturing of the specific order.
12.9. In case of unilateral withdrawal from the order by Metallwerk within 24 hours of the formal assignment, the Customer is entitled to receive back the advance payment when the termination is due to the inability of Metallwerk to execute the order during the production process.
12.10. Normally, the packaging is performed by Metallwerk pursuant to established standards in order to prevent any possible defects caused during the transportation of the goods. When possible, the goods are packaged on new euro pallets, the price of which is included in the price of the packaging. Metallwerk buys back euro pallets, if they are returned in the same condition.
12.11. Loading and unloading operations, when goods are dispatched or in reception of client material, are carried out with transport and storage equipment only in vehicles suitable for mechanized loading. The cost of the loading and unloading activities is included in the package price. Any manual loading is an obligation of the customer.
12.12. Repackaging of goods that are ready to be dispatched to a customer, due to the dispatch of a transport that is inappropriate to the cargo gauge, is done only if the human resource is available and the time for additional work is paid at the amount of BGN 20.00 BGN per hour per person.
12.13. Metallwerk stores the finished products without charging a storage fee within 3 (three) business days after sending the written notification to the customer that the order is ready for shipping. Every next day is charged at 0.25€/m2 per pallet space or occupied area.

13.    Reclamation of a released production must be submitted within 3 business days after its receival.

Metallwerk can supply standard material of any type, size and thickness.
Standard materials – metal sheets:
ALUMINIUM: 1050, 5754, 6082, 7075.

1.  Only approved according to ISO 9001:2015 companies are allowed as Suppliers of materials for the needs of Metallwerk.
2. For each delivery of materials Metallwerk requires a certificate 3.1 or at least 2.2 and a declaration of conformity with the European standards by the Supplier.
3. Metallwerk does not accept goods delivered in a package other than the original or such with packaging damage.
4. The metal sheets are accepted on the basis of issued documents, but when defects leading to an inability for a correct performance during the cutting are present, a reclamation to the Supplier is issued.
5. Each delivery from a Supplier must be accompanied by a quality control document, proving its correct implementation, and a delivery and acceptance protocol where the number of the Metallwerk order is indicated.
6. Loading and unloading activities must be performed independently with transport and storage equipment from the vehicles required for this purpose. All materials must be properly packaged for unloading. Any unloading by hand, due to the fault of the supplier, is his responsibility, otherwise Metallwerk may refuse to accept the relevant delivery.
7. Any invoice issued to Metallwerk is paid after 30 days, unless another period is agreed upon.
8. Invoices to Suppliers are paid on the maturity date but once a week – on Friday.

Metallwerk executes orders in accordance with the implemented quality standard ISO 9001:2015.

For all unsettled issues by the present General Terms and Conditions, the provisions of the current Bulgarian legislation shall apply.