General Terms of Operation of Radin Print d.o.o.

Effective from: 1 December 2019

1. SUBJECT AND AREA OF APPLICATION OF GENERAL TERMS

  • 1.1.Subject. These General Terms of Operation (hereinafter: General Terms) stipulate the business and contractual relationships between the company Radin Print d.o.o., Sveta Nedelja, Gospodarska 9, PIN: 08231094036 (hereinafter: Radin Print), as the service provider/product supplier, on one side, and the client ordering the services/products, on the other side (hereinafter: the client).

  • 1.2.Application of General Terms and their relation to special agreements. These General Terms apply to all business and contractual relationships between Radin Print and its clients, the subject of which is the delivery of products and/or services by Radin Print. They supplement special agreements established between the contracting parties. In the event of a variation between these General Terms and a specific agreement determined between the parties in writing, the respective special agreement shall apply. Verbal agreements that are contrary to the provisions of these General Terms are not valid unless Radin Print has confirmed them in writing.

  • 1.3.Application to future contracts. After contracting the first job with Radin Print subject to these General Terms, or to which the Radin Print contract or offer is invoked, these General Terms shall also apply to any future work or contractual relationship between Radin Print and the client, even if their application is not specifically contracted, i.e. if Radin Print did not specifically refer to these General Terms in subsequent offers or order confirmations.

  • 1.4.Exclusion of application of the general terms of a client. The general terms of operation or other general or special terms of the client are not an integral part of the business or contractual relationship between Radin Print and the client, and they do not apply to that relationship. The same shall also apply if they are in a business letter, order form or a similar file of the client, or if they are referred to by the file with which the client orders the products or services of Radin Print or confirms the offer of Radin Print.

  • 1.5.Establishing of contractual relationship. The contractual relationship between Radin Print and a client is established in one of the following ways: (i) by concluding a written contract, (ii) by acceptance of an offer of Radin Print by the client within the term of the validity of the offer, or (iii) by the confirmation of the receipt of the client's order by Radin Print.

2. OFFER AND ORDER

  • 2.1.Offer at inquiry. Based on an inquiry by a client, Radin Print will submit an offer for the required service/product.

  • 2.2.Acceptance of an offer. An order for the offered service and/or product according to the conditions in the offer by Radin Print and according to the offer from Item 2.1 and within the term of the validity of the offer is considered an acceptance of the offer by the client. If the offer anticipates successive orders, i.e. multiple deliveries, in the future, and in the case of an offer with multiple deliveries of a product or service within a certain period, the acceptance of the offer and the particular orders in accordance with that offer will be necessary for each successive order.
    The offer must be accepted in writing. The condition for acceptance of the offer in written form can be fulfilled if the offer, i.e. the order, is delivered by e-mail.

  • 2.3.Deviations of an order from the offer. If the acceptance of the offer or order deviates at any point or parameter from the Radin Print offer, such acceptance shall be considered as the offer of the client, which will be binding on Radin Print only on the condition of explicit written confirmation by Radin Print.

  • 2.4.Term of validity of offer. Unless explicitly stated otherwise, the offer of Radin Print is binding for a period of 14 days from the day of the issuance or transmittal of the offer. An order that is received by Radin Print after the expiry of the mentioned term binds Radin Print only if it explicitly confirms such an order. If the offer explicitly states that the terms are valid only for a specific period of time, acceptance of the offer creates a contractual relationship under the terms stated in the offer for the specific time set in it.

  • 2.5.Cancelling an order. The client may cancel an order, i.e. terminate the contract, as long as Radin Print has not started production. In this case the client is obligated to pay the contracted fee to Radin Print, reduced only by the amount of those expenses that Radin Print did not yet incur, and which it would otherwise have incurred, if the contract was not terminated.

3. PRICES AND FEES

  • 3.1.Binding prices. The prices stated in the offer are valid only if the subsequent order specifications submitted by the client do not deviate from the offer. If the order specifications differ from the offer of Radin Print, the latter is authorized unilaterally to increase the price, i.e. the fee from the offer, in which case it will be considered a new offer per Item 2.1, and the original offer will no longer be binding upon Radin Print.

  • 3.2.Tax. The prices and fees stated in the offer do not include value-added tax (VAT). When issuing an invoice based on an offer, Radin Print, as a VAT tax payer, calculates VAT on the price stated in the offer and issues an invoice for the its services and/or delivered products to the client. The invoice contains the price from the offer and the VAT calculated for that price and the client is obligated to pay that final amount in full.

  • 3.3.Expenses not included in the price. Unless expressly agreed otherwise, all prices and fees stated in the offer are valid for deliveries based on delivery to the Radin Print FOB facility/warehouse in Sveta Nedelja. The price stated in the offer does not include transport, delivery, insurance, customs duties and other expenses. These costs or other expenses are charged separately.

  • 3.4.Packaging included in price. Unless the method of packaging has been explicitly determined, the prices in the offer include only regular packaging in accordance with the business practices of Radin Print. If a client wants special packaging (foil-wrapping, cardboard, etc.), the costs of such packaging are calculated separately according to the contracted terms and prices set by Radin Print for such services.

  • 3.5.Delivery of goods on pallets. When the delivery of the goods to a client is made on pallets owned by Radin Print, the client is obligated to return them to Radin Print undamaged within 30 days from the day of delivery. If the client does not return the pallets to Radin Print within that period, or if the pallets are returned, in a damaged condition, the client is obligated to compensate Radin Print based on invoices that Radin Print is authorized to issue.

  • 3.6.Effect of changes in the exchange rate. The price in the offer for a product/service is determined in kunas. If the rate of exchange for EUR/HRK in the period from the day of issuing/sending the offer to the day of issuing of the invoice increases by more than +2%, Radin Print is authorized to adjust and change the contracted price unilaterally based on the change in the rate of exchange. In such a case, the client agrees to pay the new price based on an invoice that will be issued.

  • 3.7.Increase in price or fee. If after the issuance/submission of the Radin Print offer but before the start of production, there is an increase of more than 2% in the prices for the materials used in the production, packaging and delivery of the ordered product (paper, paints, plates, binding materials, foils, cartons, pallets, etc.), an increase energy costs, or an increase in Radin Print staff costs for reasons that could not be foreseen by Radin Print (e.g. modification of a collective bargaining agreement whose application was extended to Radin Print or amended by law), Radin Print is authorized to unilaterally adjust and change the agreed price or fee in accordance with the above mentioned changes, and the client undertakes to pay such price or fee in accordance with the invoice that will be issued for payment.

  • 3.8.Additional expenses. In case of an extension of the delivery date by the client, Radin Print is entitled to charge the client additional expenses arising from that extension, and the client undertakes to pay the expenses calculated according to an invoice that will be issued for payment.

  • 3.9.Subsequent changes to an order and the materials necessary to complete the job. If there are changes to an order or in the materials to be used for printing or for the execution of a job (for example, pre-press layout corrections, corrections of the texts in PDF by the client, etc.), including changes the consequence of which is stopping machinery and production at Radin Print, the latter is entitled to compensation for the additional expenses caused by the changes made by the client. In addition, the client undertakes to pay such expenses based on an invoice that will be issued by Radin Print.

  • 3.10.Variable part of the price. If the price in the offer of Radin Print is determined with specific fixed and variable parameters dependent upon the consumption of materials, the final calculation and the invoice that Radin Print will issue to the client on the basis of such an offer may differ from the calculation given as an example in the offer In such a case, the client undertakes to pay those costs based on an invoice that will be issued.

4. TERMS OF PAYMENT

  • 4.1.Maturity of invoice. As a rule, Radin Print issues invoices from the day of delivery. Unless stated differently in the offer, the client is obligated to pay the invoice within 15 days of the day that the invoice is issued, without deductions for any expenses for remittance and similar cost, provided that he has received a valid invoice. Invoices must be paid only to the bank account of Radin Print designated in the invoice. Invoices are considered as paid on the day when the banking institution with the account of Radin Print receives a cash remittance in favor of Radin Print.

  • 4.2.Down payment and delay in making a down payment. When a delivery requires payment of a down payment on a part of or the entire amount of the price in the contract, Radin Print is not obligated to execute the contract until the client makes that down payment, and the contracted terms of the delivery are appropriately adjusted (if they are determined in days), reckoned from the day of the down payment. If the final term for payment of the down payment is set and the client fails to make the down payment in that term, as well as in a case when the term for the down payment is not set in the offer, but the client does not make the down payment within seven days of the acceptance of the offer, Radin Print is authorized to terminate the contract. In a case where Radin Print did not terminate a contract due to a client's delay in making the down payment in accordance with the provisions from the previous sentence, Radin Print is not bound by the delivery term stated in the offer. However, it will advise the client about the anticipated term of delivery upon receipt of the down payment.

  • 4.3.Right to down payment when it is not explicitly contracted. In the case of a large volume order, i.e. with a large amount of required material used for production, or in the case of special preliminary services required for the preparation of production, in order to execute the contract, Radin Print is authorized to ask the client to pay an advance to cover the stated costs for materials and/or preliminary services that are necessary for the production or execution of the contract, even if it is not explicitly contracted or stated in the offer.

  • 4.4.Contractual insurance instruments. If the offer or contract specifies payment within a specific delivery period or the issuance or delivery of an invoice, and the contract or offer provides for certain payment security instruments to be issued by the client, Radin Print is not obligated to start executing the contract until the client submits the appropriate payment security instruments. The delivery times will be shifted accordingly, or if specified in days, will be calculated from the date of fulfillment of the terms of delivery or the establishment of a contractual payment security instrument. If the contracted payment method is unspecified, it must be issued in such a way that it covers the total value of the order plus VAT and the interest and costs that Radin Print may incur due to a default by the client. If the deadline for delivery or establishment of a payment security instrument is set and the client fails to submit or establish the specified security instruments within that period, or if the deadline is not specified, but the client does not deliver or set up the agreed payment security instrument within seven days from the day of the acceptance of the offer or conclusion of the contract, Radin Print is authorized to unilaterally terminate the contract. If Radin Print does not terminate the contract due to the delay of the client in the delivery and establishment of the security instruments in accordance with the provisions of the previous sentence, it shall not bound by the delivery time specified in the offer, and upon delivery or establishment of the payment security instrument, will inform the client about a new delivery time.

  • 4.5.Delay in payment. In case of a delay with payment, Radin Print is entitled to charge the client with penalties at the legally prescribed rate. If a client delays payment, Radin Print is entitled, at its option, to refuse further orders and/or to withhold the delivery of already prepared products until all outstanding obligations of the client have been settled or to place conditions on the execution of new orders and/or delivery of prepared products until the client provides adequate payment security instruments at Radin Print's request. If a client is late with payment, Radin Print is also authorized keep in its possession other items of the client that it can offer for sale, and may, with a preliminary reminder to the client of the intention to sell the items, collect its claims from their value in the same way as a creditor. During the period of retaining products prepared for the client or other items of the client that are kept, the client is obligated to cover the expenses of storage.

  • 4.6.Deterioration in the material circumstances of the client. A significant deterioration in a client's financial circumstances will be considered, in particular, but not exclusively, as (a) the occurrence of illiquidity, where illiquidity means the inability of the client to meet the financial obligations due during that period, especially if the client is late with settling of one or more liabilities the amount of which exceeds 20% of the amount of the client's short-term liabilities in the previous year for more than 60 days, or if it is late in paying salaries and related taxes and contributions for more than 30 days, (b) blocking its account that lasts longer than a week, (c) filing a petition for the initiation of the prebankruptcy or bankruptcy proceedings against the client, or (d) the initiation of enforcement proceedings on parts of the client's assets that are important for performing its business activity.

  • 4.7.If, after the conclusion of the contract, the client's financial resources deteriorate to such an extent that it is uncertain whether it will be able to meet its down payment or payment obligations, or if this uncertainty arises for other serious reasons, Radin Print may require an advance payment on part or all of the order and postpone the fulfillment of its obligations until the client has paid the amount claimed or until it has provided adequate security at the request of Radin Print. The same shall apply when the material circumstances of the client are equally difficult before the conclusion of the contract and if Radin Print did or could know about it. In regard to the preceding sentence, if invoices have already been issued that have not yet become due, Radin Print is authorized to request their immediate payment even before the agreed deadline on the invoice. Radin Print may also terminate the contract if the client, in the cases referred to in Item 4.6, within a reasonable period of time determined by Radin Print, fails to settle the advance payment requested or fails to submit or establish in favor of Radin Print the appropriate payment security instruments determined by Radin Print.

  • 4.8.Accounting rules. Payments on the liabilities of the client shall be settled (closed) in the order in which they become due. When the client owes interest and costs in addition to the principal, the costs will be settled first, followed by the interest and then the principal. The client's statements, by which it determines the order of settling, i.e. offsetting during fulfillment (payment) are competent and binding, only if Radin Print accepts the client's statement regarding offsetting. The possible acceptance of one or more of the client's statements made during fulfillment regarding the order of settlement, i.e. the calculation, does not oblige Radin Print with respect to the rules on calculation when fulfilling the further obligations of the client.

  • 4.9.Complaints on invoice. The client is obligated to submit complaints on an invoice to Radin Print in writing with a detailed explanation of the complaint within eight days from the day of issuing of the invoice. After that period, the invoice is considered correct and recognized, and subsequent complaints on the issued invoice will not be recognized. In the event of a complaint about an invoice, the client is not authorized to withhold the payment of the whole invoice or other invoices issued by Radin Print, but exclusively of the invoice or part of the invoice on which the complaint is made, until Radin Print responds to its complaint on the invoice, i.e. until a final resolution of the complaint.

5. DELIVERY

  • 5.1.Determining delivery time. The delivery period is set in the offer or order in accordance with the offer or written contract. Unless agreed otherwise, the delivery period starts from the day when Radin Print receives the statement of acceptance of the offer, or an order issued on the basis of the offer, or from the date of signing a separate contract, provided that by that date Radin Print has received from the client all of the materials necessary for the execution of the work and that they have been submitted in the correct form/format. If delivery is based on the payment of an advance or the establishment of payment security instruments, the delivery deadline will start from the day that the advance payment is received, that is, from the date of delivery of the security instruments and the establishment of payment security to Radin Print. The day of receipt of the acceptance of the offer and an order from the client, the day of signing the contract, the day of delivery of all materials in the correct format/format, and the day of payment/delivery of the security/guarantee instruments are not calculated in the delivery time, but begin on the following working day. When the delivery time is calculated in days, non-working days (Saturday, Sunday and national holidays in the Republic of Croatia) are not included in the delivery time.

  • 5.2.Indicative terms. As a rule, the contracted terms of delivery are approximate terms, until they are determined in writing as guaranteed terms. At the request of the client, changes of the terms of the delivery can be agreed by taking into account the capacities of Radin Print, the complexity of the job and the availability of the materials necessary to complete the job.

  • 5.3.The term of delivery depends on the fulfillment of a client's obligations. Delivery in the contracted term, particularly in the guaranteed term, depends on the timely fulfillment of all obligations by the client (e.g. the delivery of the materials for printing in a digital and graphically correct form, fulfillment of other obligations of the client before or during the production, particularly providing of the necessary information, payment of the down payments, etc.). In case of defects of the delivered materials or untimely fulfillment of the obligations by the client, Radin Print will not responsible for a delay in fulfilling its obligations under the contracted term of delivery and is authorized to unilaterally prolong the contracted term of the delivery by a suitable period of time.

  • 5.4.Subsequent, additional requests by the client. In case of subsequent additional requests by the client, especially requests for changes in the execution of the order requested after the parties have contracted the term of delivery, Radin Print is authorized to unilaterally prolong the contracted term of delivery by a reasonable period of time, based on its own assessment.

  • 5.5.Force majeure. In the event of a case of force majeure that prevents Radin Print from meeting its obligations in the contracted term, or due to which the execution of the contractual obligations of Radin Print cannot be rightfully expected, it will notify the client and offer adequate proof (unless generally known circumstances and facts are in question). In a case of force majeure all contracted terms cease to be valid until such disturbance has passed or until the case of force majeure ceases.
    Any action, event or circumstance that completely or partially prevents and/or unavoidably prevents Radin Print from executing its contractual obligations - if that action, event or circumstance is beyond the control of Radin Print and if the actual status is not a consequence of an intentional action, negligence, omission or disregard of due care by Radin Print - will be considered a case of force majeure. Actions, events and circumstances of force majeure will include but not be limited to: (i) natural disasters and extraordinary natural phenomena such as floods, earthquakes, landslides, fire, lightning strike, etc., (ii) war or other armed conflicts, the closing of borders, revolutions, uprisings, or terrorism, (iii) labor strikes, exclusion from work and other industrial actions in Radin Print and/or its suppliers, i.e. subcontractors that have an impact on the execution of obligations of Radin Print, (iv) nationalization, expropriation, embargo or other administrative and/or court decisions that can result in expropriation, (v) the measures of competent national authorities that forbid, limit or prevent the execution of contractual obligations by Radin Print (unless they are caused by intentional or gross negligence by Radin Print), and (vi) difficulties in the supply of energy.
    If fulfillment of the obligations of Radin Print becomes impossible due to circumstances of force majeure, or if a circumstance of force majeure lasts more than a month and the consequence of such a standstill exceeds the originally contracted term by more than a month, or it is evident that such delay will happen, each of the contract parties is entitled to cancel the order, i.e. terminate the contract. The client is entitled to terminate the contract due to force majeure even before the expiration of the stated period of one month if the delivery after the original deadline no longer makes sense to him because of the nature of the job/product.
    In the event of termination of the contract by Radin Print or the client due to force majeure, Radin Print is entitled to compensation of a proportional part of the price for work carried out and for equipment/materials ordered until that time and that can be proven. The condition for payment of compensation for the ordered equipment/materials is their delivery to the client. Any claims of the client for damage compensation in the event of termination of the contract due to force majeure are excluded.

  • 5.6.Responsibility of Radin Print for a delay. In the event of a delay in delivery for which Radin Print is responsible, the client can request fulfillment of the delivery in a revised timeframe, terminate the contract, and/or claim damage compensation due to the delay only if Radin Print does not fulfill its obligation in the revised timeframe. The revised timeframe must be sufficient to the type and scope of the order.

  • 5.7.Partial deliveries. Radin Print is authorized to carry out partial deliveries of products and services, except if such deliveries are excluded in writing through a special agreement between the parties.

  • 5.8.Acceptability of greater or smaller deliveries.
    Due to the requirements of the production process, the production of quantities larger or smaller than the actually contracted and ordered quantities of products/services is possible.
    In the case of the production of multiple copies, a surplus of up to 10 copies is delivered to the client free of charge. Radin Print will offer a surplus greater than 10 pieces of a product to the client at a mutually determined price or destroy it at its own expense. A produced quantity that is smaller than that which was contracted and ordered is considered an acceptable deviation within the tolerance limits described in the table below, and a complaint against it cannot be made and does not affect the change of the contracted price:

    Number of copiesAcceptable loss
    up to 3.000 pcs.- 4,0 %
    3.001 – 5.000 pcs.- 3,5 %
    5.001 – 10.000 pcs.- 3,0 %
    10.001 – 50.000 pcs.- 2,5 %
    50.001 – 100.000 pcs.- 2,0 %
    100.001 – 200.000 pcs.- 1,5 %
    more than 200.000 pcs.- 0,5 %

    For a production loss that is greater than the acceptable percentage in the above table, Radin Print will make copies at its own expense and deliver them to the client. Radin Print reserves the right to change production technology which does not significantly impair the appearance, functionality and quality of the ordered product and services for the production shortfall, which must be compensated in accordance with the preceding sentence.

  • 5.9.Place of delivery. The place of delivery is the FOB facility/warehouse of Radin Print in Sveta Nedelja, Gospodarska 9. Delivery to the location of the client is made only if that is explicitly stated in the contract and at the expense of the client, in which case Radin Print is authorized to make the delivery itself or to select a delivery service at its option.

  • 5.10.Transfer of risk. The risk of damage or accidental destruction of items is transferred to the client at the moment when Radin Print puts the goods at the disposal of the client, i.e. its transporter or at the FOB facility/plant of Radin Print from Item 5.9. In the case of a delivery to the location of the client that is specially contracted at the request of the client, the risk of damage or accidental destruction of items is transferred to the client at the moment when Radin Print puts them at the disposal of the transporter that makes the delivery from its FOB facility/plant from Item 5.9.

  • 5.11.Delay in take over. The client is obligated to take over the goods that are dispatched according to the contract or put at its disposal for taking over at the place of the delivery without delay. In the event of nonfulfillment of this obligation, it is considered that the delivery is carried out on the day of sending the notification that the goods have been dispatched, i.e. the notification that they are ready for taking over at the place of delivery, and from that day, the risk of accidental destruction or damage of items is transferred to the client. In the event of a delay in taking over by the client, Radin Print is entitled to claim from the client compensation for the expenses of storage and maintenance (regardless of whether it keeps the goods in its own or another warehouse), and to keep the goods until the invoice and all the expenses are settled. If the client does not take over the goods in the additional term after a reminder, Radin Print is authorized to sell the goods, including by free agreement sale and sale for old paper, and to settle the amount of all the expenses for keeping, maintaining and selling such goods, and also the amount of the unpaid price until that time, i.e. fees and any damages. Radin Print will then turn over any surplus to the client. If the price has not been paid, and it could not have been completely settled from the sale of the items described in the previous sentence, the client is still obligated to settle the balance of the uncollected price and to compensate Radin Print for all expenses and any damages.

6. QUALITY AND RESPONSIBILITY FOR DEFECTS

  • 6.1.Delivery of materials required for printing and execution of the job. The client is obligated to deliver the materials required for printing and the execution of the job to Radin Print on time in a graphically correct digital form/format - PDF or PS format, or in another format required by Radin Print. The materials can be delivered to Radin Print by transfer to its FTP server, by electronic data transfer services, or on a data carrier (CD, DVD, USB stick, hard disk) The delivery method will be determined by Radin Print. Unless stipulated in the contract, Radin Print is not required to archive, keep or return shipped materials or data carriers on which they have been delivered. Radin Print will destroy them in accordance with regulations within one month from the execution of the job, i.e. from delivery to the client.

  • 6.2.Checking materials for correctness ("Preflight check"). Radin Print checks the technical correctness of materials to be delivered and the prepress layout of the delivered materials from Item 6.1. If the prepress layout is incorrect or not suitable for the start of production, Radin Print will notify the client in writing and, if necessary, provide advice and suggestions to the client to correct the errors in accordance with the Technical Instructions of Radin Print. At the client's request, Radin Print will eliminate any such defects in cooperation with the client. The cost of eliminating issues with the prepress layout of the delivered materials, and corrections and modifications according to a template delivered by the client made at its request, are calculated according to the actual expenses, and for that Radin Print is authorized to issue a separate invoice to the client, and the client is obligated to pay it. Radin Print is not responsible for errors in the graphic design and prepress layout that the client did not notice. The delivery time can be prolonged by the time necessary to eliminate defects in the prepress layout and for any corrections and modifications that must be made.

  • 6.3.Modifications at the request of the client. Modifications and corrections of the delivered materials from Item 6.1 requested verbally by the client must be confirmed in writing. If the client requests the modifications by e-mail, it is obligated to notify Radin Print about the request (e.g. by telephone). Radin Print will make the modifications and corrections requested by the client with no responsibility for their correctness. The delivery time will be prolonged by the time necessary to eliminate defects in the prepress layout and any corrections and modifications that need to be made at the request of the client.

  • 6.4.Checking and approval of the final file. Radin Print will submit to the client a file with the prepress layout prepared for printing (ripped files) to check and approve it as a final control of the technical correctness and accuracy of the content. The client must approve the final file in a reasonable amount of time. Radin Print may set a reasonable period of time for approval, after which it will assume that the client has approved the final file. The approval is considered as confirmation of the correctness of the prepress layout and the accuracy of the content, and as approval to start production and execution of the job. The client may also authorize Radin Print in writing to begin the production and execution of the job without the preliminary approval of the final file. In that case, the responsibility of Radin Print for possible omissions and/or errors in the technical correctness and accuracy of the content is excluded.

  • 6.5.Warranty for quality. Radin Print will carry out its obligations according to the rules of the trade and is responsible for quality of products and services according to the international standard ISO 12647-2 PROCESS STANDARD OFFSETDRUCK.

  • 6.6.Client's printout without obligation. The templates of the printout delivered by the client (the digital proof) are not binding for Radin Print. Due to the effect of the material on which the printing is done and the technical production process, minor deviations from the delivered printout and the final product are possible and permitted. They are also valid if Radin Print delivers the proof sheet (digital proof) to the client for approval, and comparison to the trial printouts and the final product, which are not printed on identical paper. In all cases, the deviation of printed colors will be within the allowed limits according to ISO 12647-2 PROCESS STANDARD OFFSETDRUCK and the technical standards of the graphic industry.

  • 6.7.Differences in colors on screen and in the final product. The reproduction of colors on the screen of electronic devices and the reproduction of colors in the final product may also differ because of technical limitations, so that Radin Print will not be responsible for the difference in the reproduction of colors on the screen and in the final product. In any case, Radin Print will not be responsible for the visual impression and a difference in colors between the screen of the client's computer and the final product.

  • 6.8.Production using materials provided by the client. If the printing and execution of the job uses materials provided by the client, it will not be entitled to complain about a deviation in the printed colors, content or dimensions and any damages that may occur on materials brought during the printing, finishing, storage or delivery of the goods, except if such deviation or damage can be ascribed to the intention or gross negligence of Radin Print. The client is responsible for all forms of damage, including damages caused by an interruption in the operation of the machines, that arise due to inadequate characteristics or the quantity of the materials that the client purchases and delivers to Radin Print. If printing is done on materials purchased and delivered by the client, the storage of the materials in the plant/warehouse of Radin Print is made at the expense of the client.

  • 6.9.Obligation of checking and transfer of risk for errors. The client is obligated to check the compliance of delivered products with the contract, including files, preproducts or intermediate products that are delivered to it for proofreading and/or approval and checking, in a reasonable period of time. Radin Print may give a reasonable term for proofreading and/or approval and checking, upon the expiry of which it will be assumed that the client has approved the printing of the delivered file. The risk of possible errors is transferred to the client with the approval of the final version for printing in accordance with Item 6.4. With the approval of the final version for printing, the responsibility of Radin Print for errors in technical correctness and accuracy of the content is excluded, in accordance with Item 6.4. The deviations allowed by graphical standards and standards in production from Item 6.5, which refer to the precision of the cut, the faithfulness of the reproduction to the original, the color hue value and the quality of materials on which printing is made, do not represent defects.

  • 6.10.Visible defects. The client is obligated to inspect the products when they are taken over and to notify Radin Print immediately of any defects in writing, with a detailed explanation. Otherwise, it loses the rights to which it is entitled.

  • 6.11.Hidden defects. If a defect that could not have been detected by the usual inspection methods appears after accepting the product, the client should notify Radin Print immediately in writing with a detailed explanation. Radin Print is not responsible for defects in a delivered product that appear after eight days from the day of delivery of the product. The client must prove that the defect existed at the time of transfer of risk from Radin Print to the client.

  • 6.12.Proof of defects. The client is obligated to deliver to Radin Print products with a defect. If the client cannot return these products to Radin Print, the client’s rights on the basis of defects and damage compensation are possible only if the client presents samples with defects and corresponding documentation to Radin Print by an authorized person in accordance with recognized methods of quality control. In such a case, the client recognizes Radin Print's documentation on quality that is based on one of the recognized quality assurance methods.

  • 6.13.Rights based on defects. The client waives the right to termination of the contract because of defects in the delivered products/provided services. If there is a justified complaint, Radin Print will eliminate the defect or deliver a replacement (additional) product without defects. If the elimination of defects or the delivery of replacement products is no longer possible or cannot be done within a reasonable time, or entails considerable expense, the client is entitled to a reduction of the price. If Radin Print and the client cannot agree about the existence of a defect, i.e. the justification of a complaint and/or on a reduction in the price, the court from Item 15.2 below is the competent authority to resolve the dispute. A complaint regarding a defect does not entitle the client to withhold payment of the entire amount of the price for the delivery in question, but only of that part of the price that refers to those products about which the complaint is made, and only until the day of resolving that complaint, i.e. the response of Radin Print about the complaint. If there is a defect in part of the delivery, the client is not entitled to file a complaint on the entire delivery, i.e. to deny payment of the fee for the entire delivery, but only for that part of the delivery for which a complaint is being made, and only until the day that the complaint is resolved, i.e. the response of Radin Print to the complaint.

  • 6.14.Responsibility for damage due to defects. The responsibility of Radin Print for damages caused by defects in the delivered products and services is precluded, except if the defect or damage was caused intentionally by, or the gross negligence of, Radin Print. In all cases, the responsibility for damage due to defects is limited to the amount of the value of the order from which that defect or damage originates. Radin Print is not responsible for damage caused by improper storage, use, or the transport of the products by the client, its shippers, or other persons working for or hired by the client.

7. LIMITATION OF RESPONSIBILITY FOR DAMAGE

  • 7.1.Responsibility for intentional and gross negligence. The responsibility of Radin Print for damages due to a violation of the contract (delay, unfulfillment or fulfillment with defects) is precluded, except when the damage is caused intentionally or by gross negligence.

  • 7.2.Maximum amount of damage compensation. The responsibility for damages is limited to the value (price) of the order and – within that amount – to the amount of foreseeable ordinary damage. The responsibility for lost profit and non-material damage is precluded, except if the damage was caused intentionally or by gross negligence.

8. RIGHT OF OWNERSHIP

The items that Radin Print used for the execution of a job, aids and intermediate products, particularly printed press forms (waste paper/ maculature), data carriers, printing plates, lithographs, matrices, stencils, other aids used in the production process, such as, processed data, will remain in its ownership and will not be delivered or handed over to the client, even if it has paid a fee for them, i.e. when they were charged to the client separately. The same stricture applies for the working materials and data necessary to execute the job with the client that were produced by another contractor based on Radin Print's order.

9. INTELLECTUAL OWNERSHIP

  • 9.1.Copyright of Radin Print. If Radin print is the sole holder of the copyright or other related rights to the products delivered or in parts thereof, the customer acquires a non-exclusive right of distribution by taking over and paying for delivery. Other copyrights, in particular the right of reproduction, remain with Radin Print and it has the exclusive right to use the means of reproduction it has produced and is not obligated to hand them over to the client.

  • 9.2.Obligations of client. Radin Print is not obligated to verify if the client has the right of reproduction, circulation and other copyrights for the templates and materials that it delivers to Radin Print for the execution of the job, and whether the client has the right of finishing, modifications, or use that is necessary for the execution of a job contracted with the client. With the establishment of a contractual relationship between Radin Print and the client under Article 1.5, the client explicitly guarantees that it holds all of the rights and necessary authorizations for reproduction, circulation, printing, finishing, modification, etc. of all materials that it delivers to Radin Print for the execution of the job in accordance with Item 6.1.

  • 9.3.Providing application programs for use. If the client provides application programs to Radin Print for further processing and use of the delivered data and materials, the client guarantees to Radin Print that it is authorized to do so. Radin Print will use such materials and application programs only for data processing for the execution of the job for the client.

  • 9.4.Protection of Radin Print against liability from third parties and competent authorities. The client is obligated to release Radin Print from liability for damages, violations, administrative, court or out-of-court proceedings or requests that third parties might make against Radin Print for infringement of copyright and other related rights and intellectual property and personal rights, which might arise from the business relationship with the client, the execution of the job at the request of the client, and/or from the materials that the client delivered to Radin Print for the purpose of or in connection with, the execution of the job.

  • 9.5.Radin Print will immediately notify the client of any claims by third parties and any initiated administrative, court or out-of-court proceedings from Item 9.4 without delay. It is also authorized to halt the execution of the job until there is a final, legally binding resolution of the claim, i.e. from an administrative, court or out-of-court proceedings. Radin Print shall not be held responsible for unfulfillment of the contract or for any damages that may arise or that the client may incur.

  • 9.6.If civil proceedings are brought against Radin Print in regard to civil violations mentioned in Item 9.4, it will notify the client of the litigation through the court. If the client is not included in the proceedings as an intervener on the side of Radin Print, Radin Print is authorized to recognize the claim and request damages from the client, regardless of whether the claim of the third party was legally founded.

  • 9.7.The client shall be obligated to reimburse Radin Print for all costs, fines and damages that Radin Print pays or incurs in connection with the procedures and claims of third parties and competent institutions due to the violations noted in Item 9.4.

10. CESSION

The client is entitled to sell the products that were ordered and turned over through its regular business. By selling the products ordered and taken over from Radin Print, the client's claims against a downstream buyer (distributor, commissioner, etc.) are transferred to Radin Print to secure all of its claims from a business relationship with the client. By the sale of the products that the client ordered and took over from Radin Print, the client's claims from a further buyer (distributor, commission agent or another buyer) are transferred to Radin Print for the purpose of securing all of the claims of Radin Print from the business relationship with the client. Upon such transfer, the client retains the right to receive payment as a result of such a resale. Radin Print may revoke the right of collecting the price from resale of the product if the client is late with payment of its obligations to Radin Print, if prebankruptcy or bankruptcy proceedings are initiated against it, or if there is a deterioration in the client's material circumstances referred to in Items 4.6 and 4.7. At the request of Radin Print, the client is obligated to deliver a list of further buyers and all of the files from which the ceded claims arise, i.e. which stipulate the ceded claims, and to notify further buyers about this cession for insurance purposes. If it becomes necessary to fill in a certain form, carry out the registration, or fulfill a similar requirement for the validity of the transfer of claims in accordance with the applicable legal regulations, at the request of Radin Print the client is obligated to take whatever steps necessary to validate the transfer of the claim to Radin Print.

11. RIGHT OF RETENTION

Radin Print has the right to retain all templates, films, manuscripts, data carriers, reproductive materials and other things that the client has provided for executing the contract, or on any other grounds, in accordance with Article 72 of the Law on Obligations - until the fulfillment of all due claims. If the client becomes unable to make payment, Radin Print has the right of retention, even if its claim is not yet due.

12. IMPRINT OF COMPANY OR STAMP

  • 12.1.Markings on products. The client is obligated to identify Radin Print as the service provider and to put the Radin Print logo in the masthead of its publication, unless it has been otherwise defined by the contract.

  • 12.2.Use of client's data. Radin Print is authorized use on its websites, brochures or other promotional material without the specific consent of the client information about the client as a contracting partner, including its trademark, an appropriate product display, and/or information about the products and services delivered to the client as a reference.

13. DELIVERY OF PROMOTIONAL NOTIFICATIONS

By concluding the contract or establishing a business relationship with Radin Print, the client declares that it agrees with the use of its data for the purpose of delivering promotional materials, notifications and offers that refer to the services of Radin Print, including the offers of new products and services. The client may revoke this consent at any time by delivering a written notification by mail, telefax or e-mail to the addresses of Radin Print stated on the website www.radinprint.hr.

14. CONFIDENTIALITY

  • 14.1.Confidential information shall be considered, in any form and in any media, all business, financial, technical and other information and findings of the contracting parties, their associated companies, or their business partners, that is not public and the disclosure of which to unauthorized persons may lead to misuse and damage to the affected contracting party or one of its associated companies or contractual partners, in particular information on the financial terms of the business cooperation between Radin Print and the client.

  • 14.2.Each contracting party is obligated to keep from third parties all confidential information and documents that it has acquired as a party to the contract or a related contract, in particular the negotiations and decisions of the parties in this relationship.

  • 14.3.The obligation of confidentiality shall not apply to the presentation of the contract or related documents to banks. In addition, each party may disclose confidential information to a member of the legal, accounting, or tax profession who are required to keep professional secrecy to safeguard its legitimate interests. The obligation of confidentiality also does not apply when confidential information is required to be communicated on the basis of binding legal regulations or decisions of courts or administrative authorities, but always and only to the extent that is legally necessary.

15. APPLICABLE LAW AND RESOLVING DISPUTES

  • 15.1.Applicable law. The relationship between the client and Radin Print is governed by the substantive law of the Republic of Croatia. In the case of a contract for purchase and sale with an international client, the application of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention - CIGS) is excluded.

  • 15.2.Competence. All the disputes arising in the relationship between Radin Print and the client to which these General Terms apply, including disputes regarding the interpretation, application or execution of these General Terms, shall be subject to the jurisdiction of the competent court in Zagreb. Notwithstanding this, Radin Print has the right to choose to initiate legal proceedings before a court that has general territorial jurisdiction over the client.

16. CANCELLATION OF A CONTRACT

If the contract encompasses the execution of printing works that are repeated regularly, and the term of the duration or the notice period has not been contracted, each contracting party may cancel the contract in writing with a one-month notice period, calculate from the day when the other party receives the notification of the termination. In the case of canceling an individual order by the client during the term of the contract after the order has already been carried out, Item 2.5 above shall apply.

17. FINAL PROVISIONS

  • 17.1.Publishing the General Terms. These General Terms were published on the website of Radin Print (www.radinprint.hr) on 1 October 2019 and are in force from the day of their publication.

  • 17.2.Partial invalidity. If a provision of these General Terms or special agreements of the contracting parties is or becomes invalid, there will be no effect on the legal validity of other provisions of these General Terms or special contractual agreements.

  • 17.3.Amendments to the General Terms. Radin Print reserves the right to amend these General Terms. An amended version of them will be published on the Radin Print website (www.radinprint.hr). The amended General Terms shall apply to any new contractual relationship that is established after the amended General Terms the enter into force. The amended General Terms shall also apply to the contractual relations established before the amended General Terms enter into force if the client does not notify Radin Print in writing within 15 days of the date of their publication that it does not accept those amendments. In case of the submission of the statement of non-acceptance of the amended General Terms from the previous sentence, the existing contractual relationship will be subject to the version of the General Terms in force at the time the contractual relationship was established, with Radin Print being entitled to cancel the existing contractual relationship with a three-month notice period.