Terms and Conditions | Eurookna

TERMS AND CONDITIONS APPLICABLE TO ALL ORDERS AND COOPERATION (“T&C”)

Concluded by and between Ing. Gejza Varga DREVAR (“contractor”) and customers (“customer”).

The binding basis for the manufacture of products and delivery of services by the contractor is the contractor’s quotation which is approved and accepted by the customer under the terms of the contractor’s terms and conditions (“T&C”).
Work includes any and all delivered materials and / or services in the scope and quality specified in the quotation (“work” and / or “subject of the contract”). Anything that is not specifically specified in the quotation is not included in the work, the subject of the contract, or any delivery.
The contractor commits to complete the work in accordance with the quotation and under the conditions agreed herein.
The contractor shall act independently in the execution of the work and is not bound to the customer’s instructions in any way when determining the manner in which it shall execute the work unless the parties agree otherwise in writing.
The contractor commits when executing the work to comply with all generally binding regulations, technical standards, agreements in the contract, statements from public authorities and other authorised organisations.
The work is considered properly completed at the moment the contractor makes such notification and concurrently calls on the customer to take official delivery thereof within the designated term and permits the customer to dispose of such work. Unless the parties agree otherwise, the work will be handed over at a time specified by the contractor. A completed acceptance certificate signed by the customer and the contractor certifies acceptance of the work.
If the term for taking delivery of the work expires and / or the handover and acceptance certificate for the work is not signed without legitimate reason, including if the customer does not participate in the handover of the work at the time specified by the contractor, the work shall be considered delivered automatically.
The contractor is not in default with the fulfilment of its obligation if the customer does not provide the necessary cooperation.

Technological conditions and deliveries of products

All aspects excepting the pertinent details resolved in meetings with the customer and specified in the heading on the approved final quotation (such a window colour, aluminium colour, sill colour, etc.) are specified by the contractor. The following are primarily involved:
– the technology used to complete the work,
– all technical details related to the manufacturing of windows and doors,
– types of materials, work procedure and technological process, glazing system (interior or
exterior), surface finishes, the composition of wood and aluminium parts,
– the type of hardware that is used,
– the method of connecting individual profiles and parts of the work, etc.
The contractor shall determine the assembly technology and assembly procedure alone per the agreement and valid STN technical standards.
In addition to the ability to adapt the work (colour choice, selection of a window type, etc.) as clearly specified in the quotation (Annex 1 to the contract), the contractor has the following rights:
– to define and change the brand, manufacturer and type of glazing and composition of the glass,
– to define and change technical details per the structural assessment and the given situation,
– any use of mechanical or various other joints or corners for atypical or
oversized products, or hard-to-reach products or other cases,
– to define the glazing system from the interior or the exterior given the technical design, logistics or other aspects, based on an on-site inspection and at its own discretion
After approval of the binding order (finalised quotation based on the survey), no changes are permitted in such order. Any other changes, additions, or removals involving products or services must be resolved separately in a new order. If the customer and contractor agree to make changes to products that are already in production, the supplier shall specify all costs associated with such change. The customer is obliged to pay the contractor all costs related to such change, and in particular for materials, labour, etc.
If the customer and contractor agree to make changes during the manufacturing process and after approval of the final quotation, the contractor has the right to set a new delivery date. Such delay may be longer than the delay caused by the change during the manufacturing process.
The contractor is not in default with the fulfilment of its obligation if the customer does not provide the necessary and fairly required cooperation.
The contractor’s ability to meet the delivery date is dependent upon:
a) weather conditions. If there is adverse weather during the execution of the work under a contract,
the delivery date for such work will be deferred by the corresponding number of days. Adverse weather includes the following:
daily air temperature and surface temperature of the lining of less than + 5 ° C, steady rain, snow
or strong winds, or other natural disasters.
b) timely payment of the deposit (or any other agreed payment) by the customer. During the customer’s default with the payment of the deposit, the contractor is not in default with fulfilment of the obligation to perform the work within the term agreed in the contract.
The customer commits to prepare the place of execution of the work so the contractor may complete a final survey of construction readiness (plaster, linings, floors, ceilings, etc.) no later than 12 weeks before the pre-determined delivery date. Access must be provided to all hard-to-reach locations where such survey is required (ladder, scaffolding, etc.). If the survey cannot be completed 12 weeks before the pre-determined delivery date for reasons attributable to the customer, the contractor has the right to set a different delivery date. The deferral period compared to the original deadline may not correspond to the delay caused by the obstacle.
Once the survey of construction preparedness is completed based on as-built conditions at the site of execution of the work, the contractor shall prepare an updated quotation that corresponds to the actual execution of the work. The customer commits to approve of such quotation from the contractor without any undue delay.
If the contractor is unable to complete the final survey and / or the final quotation is not approved for reasons attributable to the customer, the contractor is not bound to the delivery date for the work. The contractor may in this case define a new delivery date.
If the contractor discovers an (objective or subjective) obstacle during the execution of the work that prevents the full and timely execution of the work by the agreed deadline, it shall inform the customer of such fact without delay, and the contractor has the right to define a new date for execution of the work. The deferral period compared to the original deadline may not correspond to the delay caused by the obstacle.
Meeting this deadline is dependent upon full and timely cooperation from the customer as agreed in the contract. The customer therefore commits to provide the contractor with the cooperation necessary to accomplish the subject of the contract. If the customer does not provide the necessary cooperation within 5 business days, the contractor has the right to define a new delivery date.
The contractor commits to complete the work properly: delivery, completion of assembly, installation at the designated location (place of assembly) and handover of the completed work.
An acceptance certificate signed by both contracting parties shall be completed to certify handover of the work by the contractor and its acceptance by the customer.
If the subject of the work or part thereof cannot be assembled within the defined assembly term for reasons attributable to the customer or at its request, additional costs for transport and assembly will be charged to the customer per the contractor’s current and valid price list. The contractor shall then specify the assembly date.
If the customer refuses to sign the acceptance certificate without providing a reason or does not appear for the handover and acceptance of the work, the date on which the customer refused to sign the acceptance certificate without providing a reason or the date on which the work was to be accepted is considered the acceptance date of the work.
The contractor shall provide the customer with instructions for use and adjustment of the hardware mechanism.
If the customer is in default on payment of the deposit towards the price of the work, the contractor is not considered in default with completion and handover of the work. In such case, the contractor is authorised to complete the work and to hand it over to the customer after an additional period specified in the contract. The new completion date may be extended by multiple days if the customer is in default with payment of the deposit. The contractor shall notify the customer of the completion date in writing (by post, or email).
If the customer makes changes around the project or construction site (earthworks, changes to structures, etc.) and does not report them sufficiently in advance, the contractor, i.e. DREVAR, is entitled to any increase in prices reflecting such complication.
The contractor is exposed to all risks of damage to items until assembly of the work begins at the place of assembly. Excepting damage demonstrably caused by the contractor, the customer bears all risks of damage to items from the date of completion of assembly of the work at the place of assembly. The customer retains title to the entire work until payment of the entire agreed price.
The customer is obliged to inspect products by the final day of assembly at the latest (if assembly takes more than 1 day) and any deficiencies must be specified in the acceptance certificate. An error that could have clearly been identified in an inspection after assembly will not be accepted as a legitimate claim if reported later (this primarily involves scratches, imprints, colour changes, and the like). The customer is likewise obliged within 30 days to inspect any errors or deficiencies in assembly. A claim involving assembly work reported after such period will not be accepted.
The contractor is not bound to follow the customer’s instructions when determining a method for completing and assembling the work.
The customer shall ensure the preparedness of structures for execution of the subject of the contract by the date specified by the contractor so that the contractor may complete the work and all parts thereof by the specified deadline. Preparedness for the purposes of the contract primarily involves:
– releasing and making the space accessible in the scope necessary for the full and timely completion of all work, including the removal of work items and materials that prevent access to complete the planned work;
– creating operating conditions as specified under binding occupational health and safety regulations, including regulations governing working conditions in the end user’s company;
– a functional power connection compliant with STN requirements over the duration of assembly work and suitably located so that the distance from any assembly point to the connection point does not exceed 25 m;
During execution of the work, the customer is authorised to inspect the work, and the contractor must provide the necessary explanations when so requested by the customer.
A customer who does not designate a representative with construction of technical education for the purposes of the survey, assembly or at any time during the entire process of ordering, executing and handing over the work acknowledges upon their signature or confirmation that they fully understand all instructions and details provided in all correspondence and in the final quotation. The contractor is not responsible for irregularities, misunderstandings, etc. caused by the customer’s lack of expertise. If the customer is not certain of their ability to correctly understand all the provided materials, questions or queries from the contractor, the customer shall secure a competent person with the necessary technical, construction and other expertise to understand the overall issue at hand.
The customer is fully responsible for the stability of the structure, and in particular those parts of the structure directly connected to windows, e.g. lintels, top covers, etc.
One free-of-charge survey on-site with travel to the site is included in the order price as standard. Every additional survey shall be billed at a rate of €0.5 per km and €25 for every commenced hour of work on the survey.
The order is only considered final and ready for manufacturing once all the necessary information requested from the customer is provided to DREVAR at least 10 weeks in advance of the delivery date and the finalised quotation is confirmed in writing (by post or via email). DREVAR is not in default if the customer fails to provide the necessary cooperation and information needed to begin the manufacturing process. DREVAR shall specify the new delivery date and any deferral thereof compared to the originally agreed delivery date may not correspond to the customer’s period of default in providing cooperation.
Any change made to an approved binding order (the final quotation per the survey) is subject to an €150 fee plus other costs associated with such change (if such change may still be implemented, depending on the manufacturing process). If the change is feasible, DREVAR reserves the right to set a later delivery date that may not correspond to the delay caused by such change.
The delivery date preliminarily agreed upon at the payment of the first deposit payment is only valid if the customer provides all the necessary information to begin the manufacturing process within the agreed period. In general, it is necessary to have a finalised or surveyed and approved order at least 10 weeks prior to the agreed delivery date. If there is a delay in preparatory work leading to the start of the manufacturing process (survey, preproduction documentation, etc.) attributable to the customer, DREVAR reserves the right to specify a delivery date for the windows. The deferral period of the new delivery date may not be identical to the period of the customer’s delay in providing information or confirming the order.
Any changes and information related to an order must be provided in writing or via email.
Claims must be filed in writing or via email at servis@drevar.eu
Interior and exterior structures (and especially in the case of structural openings) must be suitable clear to facilitate the handling of windows and their assembly.
If an order includes exterior blinds and the window is installed at the outside edge of the lining with 150 mm thick insulation, only a rigid insect screen may be installed.
!!! Winter damage – the most common reason for voiding the warranty on our windows !!! When wet processes are involved (plastering, screeds, paintwork, etc.), and especially during the winter, we highly recommend a suitable form of dehumidification be used as an extreme increase in interior humidity (above 60%) may result in damage to windows. Despite the fact that wood is a vapour-open material, it is limited in its ability to accept moisture and not excessive moisture in a sudden manner.
In the case of extra work, as-built documentation will include those items and a list of additional work prepared by the contractor. After inspecting these materials, the customer commits to pay the contractor for such work based on an additional invoice issued by the contractor. The customer commits to inspect these materials within 1 day from the date they are provided by the contractor and expiry of this period without response from the customer results in these materials (extra work) being considered approved by the customer without reservation. Any additional work will increase the price of the work.
The customer declares that it has funding secured to pay the price for the work in full.
The customer commits to prepare the place of execution of the work so the contractor may complete a final survey of construction readiness (plaster, linings, floors, ceilings, etc.) no later than 12 weeks before the pre-determined delivery date. Access must be provided to all hard-to-reach locations where such survey is required (ladder, scaffolding, etc.).
If the contractor is unable to complete the final survey and / or the final quotation is not approved for reasons attributable to the customer, the contractor is not bound to the delivery date for the work. The contractor may in this case define a new delivery date.

Claims and warranty conditions

The contractor commits to provide a warranty for the work completed under the contract
a) 5 years on the functionality of windows and doors (wood, glass, hardware, aluminium cladding (including colour permanence, etc.)
b) 2 years on any window accessories (interior and exterior sills, insect screens, blinds and other components and accessories)
The warranty period begins on the date of written acceptance of the work by the customer.
Defects with no impact on the utility and functionality of the work are not considered a material defect in the work.
Minor defects and shortcomings in the work identified during handover and acceptance of the work are not considered defects in the work and have no impact on the term for completion of the work. In such case, the customer and contractor shall complete a list of minor defects and shortcomings during handover and acceptance of the work in the acceptance certificate, and the contractor commits to remedy them. The list of minor defects and shortcomings under such provision of the contract is not an impediment to handover and acceptance of the work. The customer commits to pay the price for the work or its remaining balance after remedy of all minor defects recognised during handover of the work.
The customer is obliged to notify the contractor without undue delay of any clear defects in the work after they are identified, and the customer is obliged to inspect the work or arrange for such inspection as soon as possible after handover of the work when possible for such purposes. The contractor commits to remedy such identified clear defects without undue delay after their notification by the customer in writing.
The contractor is not liable for defects in the work caused by inappropriate adjustment of the work or inappropriate handling of the work. Inappropriate adjustment of the work or inappropriate handling of the work means adjustment and handling in violation of the instructions for use provided to the customer.
The customer’s warranty is void on windows and accessories that are subjected to excess humidity, and insufficient dehumidification on-site. Humidity on-site shall be assessed by the contractor’s technician or surface finishing specialist and the customer will be informed of such results in an official certificate. Elevated levels of humidity are defined as long-term humidity levels above 60 per cent.
The contracting parties agree that defects shall be remedied within a term of 30 days from delivery of a claim.
The customer acknowledges that the contractor for the work specified that the most common reason for damage to windows and doors is excessive humidity on-site and that it may result in water vapour condensing on the glass. This is not caused by a defect in the glass and is not covered by the warranty.
Window adjustments, hardware lubrication and hardware maintenance are not covered by the warranty. The contractor hereby notifies the customer that protective tape or film on window and / or door frames and sashes (if provided) must be removed within 1 month from handover of the work to the customer. The price of products includes 1 adjustment of windows after installation.
The customer’s warranty is rendered null and void if there is subsequent interference into the work by the customer.
A claim must be filed in writing, and may be sent electronically via email to: servis@drevar.eu or by registered mail; any other claim is considered invalid. A claim must contain specification of the defect and a description of the manner in which it manifests, and photos or a video of the defect.
The contractor only commits to remedy legitimate claims (defects in the work) within a period of 30 days from the completion of an in-person inspection of the claim in the work completed by the contractor. The contractor reserves the right to extend this term given the lead times specified by its suppliers.
The contractor is only responsible for those defects in the works that result from its activities in performing its obligations under the contract. The contractor is not liable for defects resulting from inappropriate interference or inappropriate use by the customer or other circumstances that preclude the contractor’s liability.
Glass cracking resulting from thermal shock is not covered by warranty. By thermal shock we mean the temperature difference within one sheet of glass, on which one of the edges is the coldest part, it causes thermal stress in this edge, which is able to cause glass breakage if this temperature difference exceeds a certain critical value (more than 30 ° C). Heating a glass pane is usually caused by concentrated sunlight or a nearby radiator or other source of heat (e.g. a spotlight). The following have an impact on such heating:
– partial shading of the glass (e.g. pallets near a window, a package of polystyrene or other insulation, or any other material that may partially cast a shadow on the glass, including a railing),
– interior objects brought close to the glass which may create a “chimney effect’ (e.g. a sofa moved close to the glass where part of the glass behind the sofa is heated),
– leaning the body against the glass for a longer time and heating part of the glass (in the case of so-called reading windows)
– elevation
– addition of elements which may alter the energy characteristics of the unit (poster, label, sunscreen, paint….)
The insulated glass supplier’s technician shall evaluate any grass cracking resulting from thermal shock.
Magnetic sensors, if included in delivery, are always tested before shipment by the contractor. The customer is obliged or is obliged to ensure that it or the individual (or company) completing the electrical installation, alarm, smart home, or other similar installations at structure test out the functionality of all sensor prior to their connection and the embedding of the wires in plaster. Damage to these wires by personnel on-site or due to the incorrect wiring of these wires are not covered by the warranty.
Non-visible parts of windows and doors, such as slits, forging grooves, decompression grooves and the like, are fully surface-treated in terms of functionality, but may not have the same quality of visual finish as the visible parts of the window and therefore are not covered by the warranty.
As wood-aluminium windows are made of several layers of Euro-standard laminated boards and all the individual slats are not necessarily from a single cut of wood, the individual slats can have different surface finishes. The uniqueness of wood as a material is responsible for this fact and it is not covered by the warranty.