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Sales Terms and Conditions

  1. General

These terms and conditions apply to all contracts, deliveries and other services, including consulting services. Conditions of purchase are hereby expressly rejected. Contract performance will only be subject to these conditions, in conjunction with the information in the quotation and order confirmation. Conditions of the client / buyer are for Trixy Aviation d.o.o. and only binding upon the written consent of Trixy Aviation d.o.o. Absence of objections from Trixy Aviation d.o.o. shall not constitute consent.

  1. Delivery

The delivery date agreed upon in the order confirmation is an approximate date. The delivery period begins on the date of clarification of all technical and other details of the order, the provision of an eventual required documents and any agreed payment. It shall be extended by the period in which the buyer is delayed with his/her contractual obligations.

The delivery period shall be extended – even within a delay – in case of force majeure and the unanticipated, occurring after the conclusion of obstacles that are not the responsibility of Trixy Aviation d.o.o. (in particular breakdown, strikes, lockouts or transport disturbances), if such obstacles are proven to be affecting the delivery with considerable influence. This is valid, even if these circumstances affect a subcontractor or a supplier of Trixy Aviation d.o.o. Trixy Aviation d.o.o. will inform the buyer about such delays as soon as possible. The buyer may request a declaration from Trixy Aviation d.o.o., whether Trixy Aviation d.o.o. would withdraw or deliver within a reasonable time. The buyer may withdraw the order, if Trixy Aviation d.o.o. does not respond to such request. Claims for damages are excluded in these cases. Trixy Aviation d.o.o. is only liable for its own negligence with regard to delivery date. Trixy Aviation d.o.o. is not responsible for delays caused by subcontractors and suppliers. Trixy Aviation d.o.o. is committed, however, to assign any resulting claims against the subcontractor or supplier to the buyer. The buyer is entitled to withdraw the order in case of delay in delivery after a written note from the buyer and an extension of the delivery period for not less than 8 weeks.

  1. Penalties

The buyer is obliged to pick up the goods, within 8 days of the notification date, at the place of delivery agreed upon in the order confirmation. If the purchaser is in default of picking up the ordered goods, Trixy Aviation d.o.o. is entitled, after the expiry of a grace period to be determined by Trixy Aviation d.o.o., to cancel the contract and to claim damages from the buyer. A grace period is not to be considered, if the buyer refuses to collect the ordered goods or if he/she is unable to pay the balance of the purchase price and any additional costs he/she may be responsible for. Trixy Aviation d.o.o. is entitled to claim damages in the amount of 20% of the purchase price plus any costs for additional services, such as transportation or storage, if the buyer fails to pay for or collect the goods.  This amount may be set higher, if Trixy Aviation d.o.o. proves higher damage. Trixy Aviation is not required to prove damage up to 20% of the purchase price. Trixy Aviation is entitled to collect a storage fee of € 5.00 + VAT for every day after the delivery date set in the delivery notification by Trixy Aviation d.o.o. The buyer is responsible for any damage to the ordered goods after the date of delivery set in the said notification.

  1. Packaging / Shipping

All deliveries are generally delivered unpacked. Supplied packaging materials will be provided by Trixy Aviation d.o.o. depending on the nature of goods and will be invoiced to the buyer. Packaging materials supplied by Trixy Aviation d.o.o., which are not ordered to be returned to Trixy Aviation d.o.o., must be disposed by the buyer at his/her own risk and expense. The purchaser is to pay for packaging materials and shipping costs, if the goods are to be shipped.

  1. Transfer of Risk

All deliveries are generally Ex-Works or Ex-Warehouse. The risk of damage to the goods is the buyer’s risk, if the goods are to be delivered by a shipping company, a forwarder or a carrier, regardless of whether the goods were uninsured, instructed by the buyer or insured by Trixy Aviation d.o.o. This also applies to partial deliveries. If delivery is delayed at the request or fault of the buyer, the goods will be stored at the expense and risk of the buyer. The risk of damage is transferred to the buyer once the goods are picked up by the buyer.

  1. Payment, late payment

The purchase price agreed upon is due for payment in accordance with the conditions in the order confirmation, but not later than the full amount before delivery. Unless expressly agreed upon otherwise, 50% of the purchase price will be charged as down payment due at the date of purchasing the goods. The balance amount is to be paid in full before the goods are collected or delivered unless otherwise agreed upon in writing. All prices are net excluding packaging, shipping and VAT unless agreed upon in writing.

Payments shall be paid via wire transfer to the account of Trixy Aviation d.o.o. in advance without any deduction. The payment is considered paid once it is booked in the account of Trixy Aviation d.o.o. Any applicable bank fees or wire transfer fees are to be paid by the buyer.  Interest shall be calculated at 8 % as a base rate. They are higher or lower, if Trixy Aviation d.o.o. proves higher bank interest rate or the buyer proves a lower rate.

If the buyer defaults on payment or fails to honor a due invoice, Trixy Aviation d.o.o. is entitled to sell the item to other prospects. The buyer, hereby, expressly agrees on the sale. The sold goods are property of Trixy Aviation d.o.o. until fully paid for.

  1. Retention, Offsetting

The buyer is not entitled, without the consent of Trixy Aviation d.o.o., to set off its claims or to refuse payment. This is especially valid in case of defects or other complaint reason, unless Trixy Aviation d.o.o. has fraudulently concealed the defect or the other claims, or if a separate written explicit guarantee for the condition of the item. A set-off is permitted only with undisputed or legally established counterclaims. Payments can be retained only to a reasonable extent against claims for defects or other claims.

  1. Retention of title

Trixy Aviation d.o.o. reserves the rights of ownership of the purchased goods until all claims of Trixy Aviation d.o.o. resulting from the business relationship, including future receivables from simultaneous or subsequent contracts are paid for.

This is also valid, even if some or all claims of Trixy Aviation d.o.o. were accepted in a form of a promissory note. All sold products remain the property of Trixy Aviation d.o.o. until the agreed upon price and all related invoices and other payments due, which are related to this business or may be related to other businesses with the same buyer, are fully paid.

  1. Warranty

If the purchase agreement is concluded with a consumer, Trixy Aviation d.o.o. is liable under the law for any shortcomings. Trixy Aviation d.o.o. reserves the right, however, to perform necessary repairs to the goods up to three times, before the buyer has the right to cancel the order or reduce the agreed upon price.

If the purchase contract concluded with a consumer, then the following rules apply:

  1. a) The buyer shall inspect the goods immediately; complaints regarding faulty or incomplete delivery are to be submitted in writing to Trixy Aviation d.o.o. within 14 days of receipt of the goods; otherwise the goods are considered to be accepted by the buyer. Claims submitted to representatives of Trixy Aviation d.o.o. will not be considered.
  2. b) If the buyer of the goods discovers a warranty related defect in the delivered goods, the delivered goods are to be considered a property of Trixy Aviation d.o.o.. The buyer may not sell shares of or the entire defective product unless agreed upon with Trixy Aviation d.o.o. and until an agreement on the warranty is sealed.
  3. c) The Purchaser is to allow Trixy Aviation d.o.o. to inspect and determine the cause of defects. If the warranty claim is valid and if it was not possible to exchange parts or repair the damage on site, the buyer is to ship the defective product on his/her own expense to the premises of Trixy Aviation d.o.o. for repair. Trixy Aviation d.o.o. will refund all costs related to the repair within the warranty period.
  4. d) The warranty period granted by Trixy Aviation d.o.o. is not valid any longer than the warranty period granted by the supplier of each individual part, unless otherwise agreed upon in writing. Information is available on the warranties provided by suppliers and subcontractors.

In all cases Trixy Aviation d.o.o. accepts no liability for damages related to inappropriate, improper use, faulty parts and accessories installed by the buyer or a third party and not by Trixy Aviation d.o.o. or its representative, changes/modifications, the use of non-original components, negligent handling, normal wear or failure to carry out recorded maintenance works or improper pre-use inspections.

  1. Defects

Illustration and drawing, dimensions and weights in catalogs, price lists and other printed matter or third parties accessible publications (e.g., websites, etc.) are non-binding. Conformity or durability of parts without the related written approval of Trixy Aviation d.o.o. in individual cases are not to be used and will not be considered under any warranty. Only original parts and components are to be used as replacement for used or defective parts and components. No changes to the design or the structure of the product are permitted without a written approval from Trixy Aviation d.o.o.. Claims for damages and reimbursement of expenses to the purchaser, regardless of the legal reason, including infringement of duties arising from the contract are excluded.

This does not apply in cases of acquisition of an expressly written warranty or a procurement risk. However, these are not generally agreed upon.

Trixy Aviation d.o.o. does not accept any claims related to an injury or death caused by defects or defective parts.  It is strictly the responsibility of the buyer and the user to properly maintain the product and insure that the use of the product is safe.

  1. Other

Ancillary to the present contract are not permitted. Changes or additions are to be ​​in writing. The same applies to the waiver of the written parts of these terms and conditions as well as of any other agreement.

In case of invalidity of one or more provisions of this contract, the validity of the remaining provisions shall remain unaffected. The Contracting Parties shall, in this case an invalid provision will be replaced by the closest possible condition in agreement between the buyer and Trixy Aviation d.o.o..

Trixy Aviation d.o.o. will treat all buyer information and data confidential.

Deliveries and payments are tied to the official address of Trixy Aviation d.o.o..

Court of jurisdiction is Slovenske Konjice, including matters related to checks, bills and all disputes arising from these terms and conditions, regardless if the buyer is a merchant, legal entity under public law or public law special fund, no matter if the buyer has a residence in Slovenia or abroad.

Trixy Aviation d.o.o. is entitled to sue the purchaser at his own venue.

The contractual relationship is governed exclusively by the laws of the Republic of Slovenia