General terms and conditions for heat treatment services

1. 1. Subject These terms apply to heat treatment and brazing services performed by the contractor according to the specifications (instructions and technical documentation) of the client, using the client's materials (or items) at their expense (service order). These terms apply exclusively when the client uses standard/general orders.
2. 2. Validity The general terms and conditions for service orders are binding unless one of the two parties rejects them at the latest at the time of contract conclusion.
3. 3. Conclusion of Contract The contract is considered concluded when the service order is accepted (contract confirmation or commencement of work).
4. 4. Technical Documentation1 The client must provide the contractor with the necessary technical documentation for the execution of the service order, such as drawings, material specifications, operational plans, samples, technological regulations, and testing requirements. Missing, inaccurate, or incorrect data will not prejudice the contractor. 4.2 All data remain the exclusive property of the client and may only be used for executing the service order. Without prior written consent from the client, the contractor must not grant access to this documentation to third parties.4.3 If no agreement is reached upon contract conclusion or after order execution, all technical documentation must be returned to the client.
5. 5. Material Supply1 Supplied items remain the property of the client. The client bears the risk of loss or damage unless it is due to the contractor's fault. 5.2 Upon receipt, the supplied material must be inspected for quantity, number of pieces, and visible defects. 5.3 The contractor must accept the material at their expense for storage and order execution. 5.4 The supplier is obligated to deliver tools and items that are clean, free of chips, labeled, and properly packaged.
6. 6. Tools, Devices, and Gauges The client is responsible for all special tools, devices, gauges, and measuring instruments related to the order. This equipment remains the property of the client and may only be used for services intended for them. The contractor must ensure proper storage, correct use, and appropriate maintenance of this equipment. In case of loss, damage, or abnormal use, the contractor covers the costs of replacement or repair if found liable. If the contractor manufactures special tools, they may charge the client a portion of the manufacturing costs, but the tools remain the contractor's property and can be freely used.
7. 7. Price Unless otherwise agreed, processing prices are understood as net prices ex-works (EXW) from the contractor's facility, including basic packaging (see also section 12).
8. 8. Payment Terms1 The client is obligated to pay the invoice to the contractor in the agreed currency or based on the issued proforma invoice. 8.2 In the case of payment delay, the contractor has the right to charge statutory default interest from the payment due date without additional reminders. Charging interest does not affect the client's obligation to fulfill the payment obligations under the contract.
9. 9. Deadlines1 The service execution deadline starts upon receipt of the items by the contractor. The deadline is considered fulfilled upon notification of shipment readiness or delivery of items to the client. 9.2 The execution deadline is appropriately extended in the following cases: a) If the contractor does not receive the necessary specifications, documentation, materials, or special tools from the client on time. b) If force majeure conditions arise, hindering execution and beyond the contractor's control. Such conditions may occur at the contractor, client, or third-party level. These include, but are not limited to, pandemics, earthquakes, natural disasters, major production disruptions, accidents, etc. The contractor must notify the client promptly in such cases. 9.3 In the event of delayed execution, the client has no right to claim compensation for damages or cancel the contract.
10. 10. Execution1 The contractor must follow the client’s specifications and requirements while adhering to internal quality assurance guidelines. Errors caused by the contractor, as well as issues arising from defects in the supplied material or insufficient client instructions and specifications, must be immediately reported to the client. Any corrections or modifications may only be carried out with the client's consent. The contractor may charge their costs associated with these changes only by prior agreement. 10.2 If the contractor fails to execute the service professionally or within the agreed extended deadline, the client has the right to contest the payment for the completed work or terminate the contract, unless the issue is resolved amicably. 10.3 If execution of the order becomes impossible or exceeds the scope of agreement due to reasons attributable to the client, the contractor has the right to terminate the contract. The contractor must be compensated for any already completed and usable work. 10.4 Deviations from the agreed specifications must be mutually confirmed in writing.
11. 11. Testing and Acceptance1 The client may, during the execution of the order, be allowed to inspect the processed items at the contractor's facility. 11.2 The contractor is obligated to test the processed items during or after the completion of processing. Unless otherwise agreed, the contractor determines the scope and method of testing. Additional testing is carried out only by agreement, with the client's consent, at their risk and expense. Such additional testing does not include warranties beyond these general terms. 11.3 Specifications determined by the client (e.g., surface hardness, hardening depth, improvement state) will be tested by the contractor according to relevant standards. 11.4 If testing is impossible due to reasons not attributable to the contractor, the contractor cannot guarantee compliance with the specifications. 11.5 100% crack inspection of a batch will only be performed upon the client's specific request and at their expense. 11.6 By conducting testing, the contractor guarantees only compliance with the specified values determined by the client, but not the functional capabilities of the processed items.11.7 The contractor is not liable for defects or damage caused by:a) improper thermal processing of improperly manufactured items;b) unsuitable design of the items;c) insufficient or incorrect specifications provided by the client;d) material defects.Examples of such defects include: scratches; distortions during hardening (shape, dimensions); damage during handling; defects in items previously improperly heat-treated elsewhere. 11.8 Unless otherwise agreed, the client has four weeks after receipt of the items to report any defects based on testing. The contractor must be allowed to test the items themselves or send them for testing at a neutral location. 11.9 The contractor is obligated to immediately and free of charge correct any defects for which they are responsible through additional processing.  11.10 If the contractor is unable to rectify the defects, they must, upon agreement, compensate the client for relevant costs. The compensation amount is determined based on the relative difference between the offered or invoiced service value. The contractor is not liable for defects caused by incorrect material or processing information provided by the client. If the items are damaged or unsuitable due to improper processing, the contractor is responsible for compensation, which may not exceed twice the offered or invoiced service value. For serial items, unless otherwise agreed, a rejection tolerance of up to 3% of the total batch is permitted for lost or unusable pieces. 11.11 If reprocessing the items outside the contractor’s facilities is required for reasons beyond the contractor's control, all resulting costs are borne by the client. 11.12 Additional client rights related to defects are excluded.
12. 12. Packaging and Transport 12.1 The contractor uses packaging similar to that provided by the client. If deemed insufficient, additional packaging costs may be charged separately to the client. 12.2 In the case of EXW (Ex Works) parity, transport risk fully transfers to the client.
13. 13. Warranty 13.1 The contractor undertakes to correct any hidden defects they are responsible for and compensate for potential damages upon the client’s written request. 13.2 Unless otherwise agreed and confirmed in writing, the warranty period for hidden defects is 12 months, starting from the day the processed items are handed over or, if the contractor is not responsible for delays, from the day of notification of readiness for shipment. 13.3 The warranty applies exclusively to the client 13.4 The warranty excludes defects caused by wear and tear or by reasons beyond the contractor's responsibility. 13.5 The warranty ceases if the client or a third party makes changes that adversely affect the processed items and directly impact the contractor's warranty obligations and compliance with the client’s specified values (as per section 11.3). 13.6 Additional client rights related to defects are excluded. 13.7 Warranty conditions apply only when Miheu d.o.o. is the supplier of materials and executor of all work.
14. 14. Liability The contractor assumes no additional liability for damages, especially consequential damages, arising for any reason.
15. 15. Place of Fulfillment and Jurisdiction The place of fulfillment is the contractor's domicile. The jurisdiction for dispute resolution is the District Court in Slovenj Gradec.

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Miheu d.o.o. Šentjanž pri Dravogradu, 26.11.2024