Skip to Content

GENERAL TERMS AND CONDITIONS OF DELIVERY AND PAYMENT OF DEYACOLOR EOOD

Between: DEYACOLOR EOOD, Unified Identification Code (UIC): 131422602, having its registered office and management address at 9 Asen Yordanov Blvd., Sofia, hereinafter referred to as the “DISTRIBUTOR”,

and the natural or legal person purchasing goods from the DISTRIBUTOR, hereinafter referred to as the “CUSTOMER”.

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions (hereinafter the “GTC”) govern all legal relationships between the DISTRIBUTOR and the CUSTOMER arising from or relating to the preparation of quotations, conclusion of sale and purchase agreements, sales on the premises at the warehouse/store, orders by email/telephone, and sales through the DISTRIBUTOR’s electronic store (online store). The relevant warranty terms and technical specifications of the manufacturer TIGER Coatings GmbH & Co. KG (“TIGER”), effective as at the order date, shall also apply to the goods sold (powder coatings and related materials). TIGER’s warranty terms are available for download at: www.tiger-coatings.com/terms/at.

1.2. Any differing or additional general terms and conditions of the CUSTOMER shall have no legal effect and shall not bind the DISTRIBUTOR unless expressly accepted by the DISTRIBUTOR in writing.

1.3. For the purposes of satisfying the written-form requirement under these GTC, communications exchanged electronically (emails, website confirmations, electronic identifiers) shall also be deemed valid.

1.4. For the purposes of these GTC:

  • “Trader / Legal Entity” means any person purchasing goods in the course of their commercial or professional activities (B2B).
  • “Consumer” means any natural person purchasing goods for personal use outside their commercial activities within the meaning of the Consumer Protection Act (CPA) (B2C).

2. QUOTATIONS, ORDERS AND CONCLUSION OF CONTRACTS

2.1. The DISTRIBUTOR’s quotations, price lists and catalogues (including those in the online store) are provided for information purposes and constitute invitations to make an offer.

2.2. An acknowledgement of receipt of an order by email or an automated website message shall not constitute final acceptance of the order.

A sale and purchase agreement shall be deemed concluded only upon the DISTRIBUTOR’s written confirmation of dispatch or upon actual handover/delivery of the goods.

2.3. The DISTRIBUTOR reserves the right to refuse to fulfil an order (including cancellation of an order already confirmed), without liability for damages, in the following cases:

  • Where the relevant colour/batch is out of stock;
  • Where technical errors are identified in the price or description of the goods;
  • Where there is suspicion of fraud, false identification details, or a history of improper payment conduct by the CUSTOMER in previous transactions.

3. CUSTOMER’S OBLIGATION TO NOTIFY

3.1. If the CUSTOMER intends to use the products in sectors such as automotive manufacturing, aviation, railway transport, wind energy, rail vehicles, lifts and cableways, power plants, watercraft, structural glazing, or in applications involving contact with food, drinking water or electronics, the CUSTOMER must notify the DISTRIBUTOR in writing in advance:

  • For specially manufactured products/colours (made to order) – before the first sample/specimen is produced;
  • For standard catalogue products – no later than when the order is placed.
  • The same obligation applies if the product is to be used on components presenting risks under applicable product safety legislation.

3.2. Otherwise, the DISTRIBUTOR shall not be liable for any consequential damage or unsuitability of the coating for the specified special applications.

4. DELIVERY, TRANSFER OF RISK AND TIME LIMITS

4.1. Deliveries to Traders (B2B) shall be made in accordance with the international commercial terms Incoterms (latest applicable version). The standard ex-warehouse delivery term is EXW, 9 Asen Yordanov Blvd., Sofia. The DISTRIBUTOR may, at its discretion, arrange transport on behalf of and at the expense of the CUSTOMER (e.g. under CPT terms).

4.2. Transfer of risk:

  • For B2B transactions (Traders): The risk of loss of or damage to the goods shall pass to the CUSTOMER upon handover to the first carrier/courier or upon handover at the DISTRIBUTOR’s warehouse.

4.3. The stated delivery times are indicative. A delivery delay shall not entitle a CUSTOMER acting as a trader to terminate the contract or claim contractual penalties or loss of profit.

5. PACKAGING, PACK SIZES AND RETURNABLE PACKAGING

5.1. Powder coatings shall be supplied in their original factory packaging or repackaged into smaller quantities, specially sealed against moisture and contamination. Any opening or breach of the inner protective packaging by the CUSTOMER shall be deemed acceptance of the goods without objection as to their condition.

5.2. Returnable packaging (pallets, specialised containers) shall be subject to return only if expressly identified as such on the invoice/handover protocol. The CUSTOMER must return it within 3 (three) months in impeccable condition. If it is not returned, the CUSTOMER shall be invoiced for its full value.

6. RETENTION OF TITLE. ASSIGNMENT OF RECEIVABLES

6.1. The DISTRIBUTOR shall retain ownership of the goods delivered until all amounts receivable in respect of the relevant delivery have been paid in full (principal price, VAT, interest and costs).

6.2. The CUSTOMER shall be entitled to process and apply the powder coatings in the ordinary course of its business, unless the CUSTOMER is in default of its payment obligations.

6.3. Where the supplied coatings are processed or mixed with other materials, the DISTRIBUTOR shall acquire co-ownership of the newly created product in proportion to the value of the goods supplied.

6.4. If the CUSTOMER resells the goods (or processed product) before paying for them in full, the CUSTOMER assigns (transfers) to the DISTRIBUTOR its receivable against its purchaser up to the amount outstanding.

6.5. In the event of attachments or claims by third parties, the CUSTOMER must immediately notify such parties of the DISTRIBUTOR’s ownership and inform the DISTRIBUTOR in writing.

7. PRICES, TAX REQUIREMENTS AND PAYMENT TERMS

7.1. All prices stated in commercial quotations exclude VAT unless expressly indicated otherwise.

7.2. Product prices displayed in the online store exclude VAT. At checkout, the system calculates and charges the applicable VAT in accordance with the legislation in force, taking into account the country of delivery.

7.3. Payments shall be made by one of the following methods:

  • (a) Advance bank transfer based on an issued pro forma invoice;
  • (b) Cash or debit/credit card at the DISTRIBUTOR’s warehouse/office;
  • (c) Postal money order (cash on delivery) upon delivery by courier;
  • (d) Online by debit/credit card through the payment terminal in the online store.

7.4. The CUSTOMER must provide accurate and complete invoicing details (UIC, VAT number, address and person representing the company). Invoices shall be issued electronically and sent to the email address provided by the CUSTOMER or handed over in paper form upon delivery.

7.5. Deferred payment: Deferred payment (15 to 30 days) shall be permitted only following an express written agreement, credit assessment and approval by the DISTRIBUTOR.

7.6. Late payment: In the event of late payment, a CUSTOMER acting as a Trader shall owe statutory default interest or contractual interest of 1% (one per cent) per month on the overdue amount, as well as reimbursement of all reasonable debt collection costs (lawyers’ fees and enforcement agent fees).

8. WARRANTY, INCOMING INSPECTION, RETURNS AND CLAIMS

8.1. Mandatory incoming inspection and trial application (test panel):

  • Due to the specific nature of powder coatings, the CUSTOMER must, BEFORE commencing or starting serial coating, carry out an incoming inspection, including a trial cure and trial coating on a test component surface.
  • The DISTRIBUTOR shall not be liable for damage (including the costs of recoating, disassembly, rejected components and lost profits) if the CUSTOMER has used the entire quantity of coating without first testing the initial batch/package.

8.2. Voluntary return of conforming goods in B2B transactions

The DISTRIBUTOR may, at its discretion, accept the return of standard, unused and resalable goods from a CUSTOMER acting as a trader, provided that the goods are in their original, intact packaging and have been stored and transported under suitable conditions, in a dry place and at a temperature not exceeding 25°C, unless other requirements are specified in the applicable technical documentation for the particular product.

Goods manufactured, mixed, tinted or supplied to the special order of a particular customer, including marketing materials manufactured or supplied specifically for that customer, shall not be accepted for voluntary return, even if they are in a standard colour.

Powder coatings whose original packaging or inner protective bag has been opened or damaged, as well as products subjected to trial application, mixing or other use that prevents their original condition from being guaranteed, shall not be accepted for voluntary return.

Where a return is accepted, the DISTRIBUTOR shall refund 80% of the price paid for the returned goods, unless the parties have expressly agreed otherwise in writing.

Returns shall be made subject to prior written agreement with the DISTRIBUTOR and confirmation that the particular goods meet the acceptance conditions. The DISTRIBUTOR shall be entitled to inspect the condition of the goods and packaging upon receipt.

This provision applies exclusively to the voluntary return of conforming goods and does not restrict the CUSTOMER’s rights in the event of a justified claim or any other rights granted under applicable law.

8.3. Time limits and procedure for claims:

  • Apparent defects, packaging damage or quantity discrepancies: A claim must be made upon receipt, in the presence of the courier/person handing over the goods, with a damage report, or no later than 7 (seven) business days after delivery, before opening the protective inner bag.
  • Latent defects (material non-conformities of the coating): A claim must be submitted in writing without delay, but no later than 7 (seven) business days after discovery, accompanied by a sample of the unused coating, batch number and a sample of the coated component.
  • Shelf life: For powder coatings with a limited shelf life (marked on the packaging), the quality warranty shall apply only if the goods have been stored in accordance with the technical requirements (temperature not exceeding 25°C, dry place) and used before the expiry date. Claims relating to expired shelf life or improper storage shall not be accepted.

8.4. Remedies in the event of a justified claim (B2B):

  • In the event of a justified claim concerning defective coating, the rights of the CUSTOMER acting as a trader shall be limited exclusively, at the DISTRIBUTOR’s option, to:
  • (a) replacement of the defective coating with new coating; or
  • (b) refund of the price paid for the defective batch.

8.5. Warranty exclusions: The warranty shall not cover defects caused by:

  • Improper preparation of the surface to be coated (oil contamination, dust, corrosion);
  • Failure to comply with the curing profile (oven temperature and time);
  • Mixing different batches or powder coatings from different manufacturers;
  • Improper storage (moisture, direct sunlight, high temperature).

9. LIMITATION OF LIABILITY

9.1. The DISTRIBUTOR’s liability for damages, irrespective of the legal basis, shall be limited. There shall be no liability for ordinary negligence, except in the event of a breach of material contractual obligations. Liability shall be limited to damage foreseeable at the time the contract was concluded.

Liability for loss of profit, indirect and consequential damages shall be excluded to the extent permitted under Bulgarian law.

9.2. Any liability of the DISTRIBUTOR for consequential damages, loss of profit, production downtime, costs of disassembly or recoating, or third-party transport costs shall be excluded.

9.3. The DISTRIBUTOR’s maximum aggregate liability for any claims relating to a particular delivery shall be limited to the lower of:

  • (a) the value of the particular batch/delivery; or
  • (b) EUR 20,000 (twenty thousand euros).

9.4. The limitations shall not apply to damage arising from injury to life, body or health, or where mandatory provisions of Bulgarian law apply.

10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

10.1. The DISTRIBUTOR warrants that, when used in accordance with the contract, the product does not infringe patents or other industrial property rights of third parties of which it knew or ought to have known at the date of conclusion of the contract.

10.2. In the event of infringement, the DISTRIBUTOR may replace or modify the product or procure a licence. If this is not possible, the CUSTOMER may withdraw from the contract or reduce the price.

10.3. In the case of products manufactured by other manufacturers, the DISTRIBUTOR shall assign to the CUSTOMER its rights of claim against those manufacturers.

10.4. All rights in quotations, drawings, specifications, samples and documents provided to the CUSTOMER are reserved to the DISTRIBUTOR/TIGER.

10.5. The CUSTOMER may not disclose, use or reproduce them without written consent.

10.6. If the CUSTOMER provides materials (logos, designs, etc.), the CUSTOMER warrants that they do not infringe third-party rights and shall indemnify the DISTRIBUTOR against any liability arising from such infringement.

11. COLOURS, DIGITAL REPRESENTATIONS AND SAMPLES

11.1. Images of colours (RAL, NCS, metallic and special effects) in the online store, digital catalogues or sent by email are FOR ILLUSTRATIVE PURPOSES ONLY. Due to the physical limitations of colour reproduction on computer monitors and mobile screens, the actual colour and gloss of the powder coating after curing may differ from the digital image.

11.2. The sole official colour reference shall be physical RAL/TIGER samples (standards) cured under the relevant standard conditions.

11.3. Variations in colour or effect falling within the manufacturing tolerances specified by TIGER Coatings GmbH & Co. KG shall not constitute defects and shall not give grounds for a claim or refusal of purchase.

12. WITHHOLDING OF PAYMENTS AND SET-OFF

12.1. The CUSTOMER shall not be entitled to set off its receivables against its obligations to the DISTRIBUTOR, or to refuse or withhold payment on any grounds whatsoever (including where a claim has been submitted), unless the CUSTOMER’s receivable has been expressly acknowledged by the DISTRIBUTOR in writing or established by a final court judgment.

13. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

13.1. The DISTRIBUTOR shall be entitled to transfer its rights and obligations under transactions (including payment receivables) to third parties (e.g. factoring companies or group companies).

13.2. The CUSTOMER shall not be entitled to transfer its rights or obligations under a contract with the DISTRIBUTOR without prior written consent.

14. ORAL AGREEMENTS AND TECHNICAL ADVICE

14.1. Oral promises, agreements or assurances given by employees of the DISTRIBUTOR shall have legal effect ONLY if confirmed in writing by an authorized representative.

14.2. Technical consultations, application advice, and recommendations concerning equipment or curing provided by the DISTRIBUTOR shall be given in good faith but without assuming legal liability. They shall not relieve the CUSTOMER of the obligation to independently verify the suitability of the product for the specific technological process.

15. FORCE MAJEURE

15.1. The parties shall not be liable for full or partial non-performance of their obligations where caused by force majeure events (war, natural disasters, pandemics, embargoes, strikes, global shortages of or price increases in essential raw materials, or disruption of transport routes).

15.2. If the force majeure event continues for more than 60 (sixty) days, either party shall be entitled to terminate the contract by written notice without owing compensation to the other party.

15.3. Undelivered/Uncollected Shipments and Unjustified Refusal: If the CUSTOMER refuses to accept a dispatched shipment without justification or fails to collect it from the courier’s office within 7 days, the CUSTOMER shall reimburse the DISTRIBUTOR for all transport costs in both directions and any storage/warehousing charges.

The DISTRIBUTOR shall be entitled to deduct such costs from amounts paid in advance.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1. These GTC and all agreements concluded on their basis shall be governed by the substantive law of Bulgaria. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention) is excluded.

16.2. All disputes arising from or in connection with these GTC shall be referred to the competent court at the DISTRIBUTOR’s registered office in Bulgaria. The DISTRIBUTOR shall also be entitled to bring proceedings at the CUSTOMER’s location.

17. SEVERABILITY

If any provision of these GTC is declared invalid, this shall not affect the validity of the remaining clauses. The invalid provision shall be replaced by the mandatory rules of law or by the practice that most closely reflects its economic purpose.

18. AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

The DISTRIBUTOR shall be entitled to update and amend these GTC at any time. Each individual sale and purchase shall be subject to the General Terms and Conditions in force when the order was placed.

19. LANGUAGE AND PRECEDENCE

These GTC may be drawn up in Bulgarian and in a foreign language (e.g. English). In the event of a discrepancy or conflict between the texts, the Bulgarian-language text shall prevail in all respects.

Date of last update: 6 November 2026

For DEYACOLOR EOOD: Yavor Peshev, Managing Director