ПОЛИТИКА ПО КАЧЕСТВОТО

НА ФАБЕКС БЪЛГАРИЯ ЕООД

          ФАБЕКС БЪЛГАРИЯ ЕООД си поставя за цел да се изгради като надежден и предпочитан партньор предлагащ услуги по управление на проекти за инженеринг, производство и монтаж на изделия и компоненти за сгради, машини и индустриално оборудване.

Използвайки най-добрите инженерни и производствени мощности, ние предлагаме технически решения в съответствие с най-високите индустриални стандарти. От съвременни предварително изработени конструкции до уникални и сложни архитектурни визии, ние изпълняваме клиентските очаквания с високо интегрирана бизнес координация и искрен ангажимент. От инженеринг и консултации, през създаване на прототипи, серийно производство и сертифициране, ние стоим като едно с нашия Клиент и гарантираме най-високото ниво на отдаденост и качество на проекта.

За да изпълним целта си, ние поемаме ангажимента да изградим, поддържаме и непрекъснато подобряваме Система за управление на качеството в съответствие с изискванията на международния стандарт ISO 9001:2015.

Политиката ни по качество следва нашите основни принципи и ангажименти:

• Постоянен контакт с нашите Клиенти, задълбоченото изучаване и разбиране на нуждите, очакванията и изискванията на всеки от тях, за да постигнем пълната им удовлетвореност от съвместната работа с нашия екип;
• Прилагане на риск-ориентирано мислене, отчитайки динамичния вътрешен и външен контекст, и планиране на адекватни действия за овладяване на оценените рискове и възможности;
• Вземане на бизнес решения за непрекъснато подобряване и развитие на дейността и Системата за управление на база на анализ на надеждно събрани, последователни и актуални данни за постигнатите резултати и установените слаби места;
• Взаимноизгодни отношения с нашите партньори и доставчици, базирани на коректност и лоялност;
• Непрекъснато развитие на компетенциите и осъзнатостта на нашите служители с оглед постигане на пълната клиентска удовлетвореност;
• Цялостно познаване и спазване на приложимото национално и международно законодателство, на изискванията на заинтересованите от дейността ни страни, както и проследяване и анализ на настъпилите в тях промени;
• Разгласяване на настоящата Политика по качество сред нашите служители и партньори (изпълнители и доставчици), с оглед на важността на техния принос за реализацията ѝ;
• Поставяне на текущи, измерими цели, следвайки основните цели, принципи и ангажименти, залегнали в настоящата Политика по качество.

Като Управител на ФАБЕКС БЪЛГАРИЯ ЕООД,

Декларирам личното си участие и отговорност за изпълнение на настоящата Политика по качество.

_________________________

Божил Божилов                                                                                              01.10.2020 год.

QUALITY POLICY

OF FABEX BULGARIA Ltd.

FABEX BULGARIA Ltd. aims to build as a reliable and preferred partner offering project management services for engineering, production and installation of products and components for buildings, machinery and industrial equipment.

Using the best engineering and production facilities, we offer technical solutions in accordance with the highest industry standards. From modern prefabricated structures to unique and complex architectural visions, we meet customer expectations with highly integrated business coordination and sincere commitment. From engineering and consulting, through prototyping, series production and certification, we stand as one with our client and guarantee the highest level of commitment and quality of the project.

In order to fulfill our goal, we are committed to build, maintain and continuously improve the Quality Management System in accordance with the requirements of the international standard ISO 9001: 2015.

Our quality policy follows our basic principles and commitments:

• Constant contact with our clients, in-depth study and understanding of the needs, expectations and requirements of each of them in order to achieve their full satisfaction with the joint work with our team;
• Applying risk-oriented thinking, taking into account the dynamic internal and external context, and planning adequate actions to manage the assessed risks and opportunities;
• Making business decisions for continuous improvement and development of the activity and the Management System based on the analysis of reliably collected, consistent and up-to-date data on the achieved results and the identified weaknesses;
• Mutually beneficial relationships with our partners and suppliers based on fairness and loyalty;
• Continuous development of the competencies and awareness of our employees in order to achieve full customer satisfaction;
• Complete knowledge and observance of the applicable national and international legislation, the requirements of the interested parties in our activity, as well as monitoring and analysis of the changes that have occurred in them;
• Disclosure of this Quality Policy among our employees and partners (contractors and suppliers), in view of the importance of their contribution to its implementation;
• Setting current, measurable goals, following the main goals, principles and commitments set out in this Quality Policy.

As a Manager of FABEX BULGARIA Ltd.,

I declare my personal participation and responsibility for the implementation of this Quality Policy.

Bozhil Bozhilov                                                                             01.10.2020.

General terms and conditions for contracts for the manufacture, delivery and / or installation of Fabex Bulgaria EOOD

GENERAL PROVISIONS

1. Scope
1.1. These General Terms and Conditions apply to and form an integral part of all contracts for the manufacture, supply and / or installation of products to which Fabex Bulgaria EOOD (UIC 202864433) is a contracting entity (“the Contracting Authority”), unless otherwise explicitly agreed between the Contracting Authority and the respective contractor (the “Contractor”) in writing.
1.2. The Contracting Authority does not accept or agree to any general terms of the Contractor and such do not become part of the contract for the manufacture, supply and / or installation of products (“Contract”), regardless of:
(i) whether they were known to the Contracting Authority;
(ii) whether and when they were sent to the Contracting Authority;
(iii) whether the Contracting Authority has objected to them; and
(iv) whether such General Terms and Conditions of the Contractor conflict with these General Terms and Conditions.
1.3. The acceptance of performance under the Contract without objection by the Employer may not be considered in any way to accept any general terms of the Contractor.
1.4. In the case of lasting commercial relations, these General Terms and Conditions shall apply without the need for explicit reference to or reference to them.

2. Pre-contractual relations
2.1. The Requirements for the offer of the Contracting Authority addressed to the Contractor shall not bind the Contracting Authority.
2.2. Prior to the preparation of its tender, the Contractor shall examine and become acquainted in detail with all documents and data contained in the tender request by the Contracting Authority (regardless of its specific form – inquiry, order, etc.), including the technical requirements, specifications and documentation, as well as these General Terms and Conditions. If, as a result, the Contractor identifies any documentary shortcomings and / or contradictions that would impede the manufacture, delivery and / or installation of the products, including, but not limited to, errors in the specified output data or inability to perform according to a given drawing, he immediately inform the Contracting Authority accordingly.
2.3. In its offer, the Contractor shall strictly adhere to the specifications and requirements specified in the tender request. Any deviations must be stated explicitly.
2.4. The offer shall be prepared and presented to the Contracting Authority free of charge.

3. Signing a contract
3.1. Depending on the case, the Contract may be concluded by various means. Regardless of the method used, the Contract shall be considered binding on the Contracting Authority not earlier than the moment when the will of the Contracting Authority for its conclusion is expressed in a definite, unambiguous and uncontroversial way, as follows:
(i) by signing a statutory or authorized representative of the Contracting Authority on a bilateral agreement or other similar document signed by the Contractor;
(ii) by express written acceptance by a statutory or authorized representative of the Contracting Authority of a tender made by the Contractor;
(iii) by awarding a specific workmanship, delivery and / or installation on the basis of and in accordance with the provisions of a framework contract concluded between the Contracting Authority and the Contractor.
3.2. The signing of the Contract as well as the acceptance of the offer can also be done electronically, by:
(i) their signature by qualified electronic signature;
(ii) signing, scanning and sending them to the other party by fax, email or courier;
(iii) an email message (without signature) indicating that the Contracting Authority expressly, unequivocally and unequivocally expresses its acceptance of the specific offer made by the Contractor.

4. Relations between the Parties
4.1. The relations between the Contracting Authority and the Contractor shall be settled in full in accordance with the documents below. In the event of a conflict between them, their provisions shall apply with the following priority:
(i) the conditions included in the Treaty, together with the documentation attached thereto;
(ii) the conditions included in the framework agreement, if any;
(iii) these General Terms and Conditions.

5. Subcontractors
5.1. Unless otherwise expressly agreed, the Contractor may not subcontract all or part of the activities of the Contract.
5.2. If the Contractor wishes to outsource one or more of the activities to the Contractor, he must indicate in his tender those activities and the subcontractors for each of them. Replacement or inclusion of a subcontractor during the performance of the Contract is permitted exceptionally and subject to the explicit prior written consent of the Contracting Authority.
5.3. The Contractor will ensure that the Subcontractors will not outsource one or more of the activities covered by the subcontract. With regard to the activities to be performed by subcontractors, the Contractor shall be obliged to impose on the subcontractors all the obligations it has assumed to the Contracting Authority and to ensure that the subcontractors fulfill these obligations. The Contractor is responsible for the subcontractor’s actions as his own

PRICES AND PAYMENT METHODS

6. Price
6.1. The prices specified in the Contract are fixed and final. They include any and all costs, expenses, fees and any other sums due in respect of supplies, raw materials, labor, etc., and are subject to the statutory value added tax in cases where such is due under applicable law.
6.2. Prices under item 6.1. shall not be subject to modification after the conclusion of the Contract, regardless of changes in the prices of materials, raw materials, labor, etc., as well as 6 (six) months after the expiration of the term of the Contract, if until the expiry of the specified term the Contracting Authority and The Contractor agrees to manufacture, supply and / or assemble products in addition to what is agreed in the Contract.

7. Billing
7.1. The invoice issued by the Contractor shall be sent to the e-mail address invoice@fabex.bg and a copy to the e-mail address of the Project Manager specified in the Contract. The invoice should contain all legal details. It must state the contract number and attach the documents certifying the performance of the contract (work protocols, measurements, etc.).
1.2. Where an invoice has been issued for partial execution under a Contract, this must be explicitly stated.

8. Requirement
8.1. With the exception of the Guarantee Amount under item 8.2., Any payment under the Contract is due 60 (sixty) days after the cumulative occurrence of the following conditions:
(i) the relevant articles have been manufactured and delivered at the place of delivery together with the relevant Documentation and the respective assembly activities have been carried out respectively;
(ii) the relevant articles, respectively assembly activities, have been duly accepted by the Contracting Authority or a person designated by him with a signed protocol pursuant to item 20.1; and
(iii) an invoice for the amount due has been duly issued by the Contractor and presented to the Contracting Authority in accordance with item 7.
8.2. Notwithstanding the provisions of item 9 – item 12, the Employer is entitled to retain 10% (ten percent) of the value of the Contract (“Guarantee Amount”) within 30 (thirty) days after the expiration of the Guarantee Period according to Item 26.1. . The guarantee amount shall serve to secure the fulfillment of the Contractor’s obligations under the Contract, including his guarantee obligations. The assignor has the right at any time to deduct from his Guarantee amount his claims under the Contract. Item 12.1 shall apply accordingly to the Guarantee Amount. and item 12.2.
8.3. The guarantee amount is due after 30 (thirty) days after the expiry of the Guarantee period. The Assignor shall pay all or any part of the Guarantee available after offsetting, if any, on the basis of a final invoice issued by the Contractor within 30 (thirty) days after the expiration of the Guarantee Period.
8.4. The assignor shall make payments under the Contract in BGN through a bank transfer to the bank account of the Contractor specified in the Contract.

SECURITIES

9. Provision and amendment
9.1. The Contractor shall be obliged to provide the Contracting Authority with a security in the form and amount as provided in the Contract, which serves to ensure the fulfillment of the Contractor’s obligations under the Contract (“Collateral”).
9.2. In the event of modification of the Contract, the Contractor undertakes to take the necessary actions to bring the Collateral in compliance with the changed terms of the Contract within 10 (ten) days from signing of the additional agreement for the modification.
9.3. The security may be provided in the form of:
(i) a bank guarantee;
(ii) insurance; or
(iii) another form of security provided for in the Treaty.

10. Bank guarantee
10.1. When a Bank Guarantee is provided as a Collateral, the Contractor shall provide the Client with an original copy of a Bank Guarantee issued in favor of the Client.
10.2. A bank guarantee must meet the following requirements:
(i) be an unconditional and irrevocable bank guarantee containing an obligation on the guarantor bank to make payment at the first written request by the Contracting Authority;
(ii) have a validity period specified by the Contracting Authority, but not less than 30 (thirty) days after the expiry of the Guarantee period according to item 26.1., where necessary, the validity period of the bank guarantee shall be extended or issued. new.
10.3. The costs of opening and maintaining the bank guarantee, as well as the absorption of funds by the Client, shall be borne by the Contractor.

11. Insurance
11.1. When insurance is presented as a Collateral, the Contractor shall submit to the Contracting Authority an original copy of the insurance policy in which the Contracting Authority is named as the beneficiary of the insurance.
11.2. The insurance must meet the following requirements:
(i) to enforce the Contract by covering the Contractor’s liability;
(ii) have a validity period specified by the Contracting Authority, but not less than 30 (thirty) days after the expiration of the Guarantee period according to item 26.1.
11.3. The costs of concluding the insurance contract and maintaining the validity of the insurance for the required period, as well as for any payment of insurance indemnity in favor of the Employer, if there are grounds for this, shall be borne by the Contractor.

12. Absorption of the Collateral
12.1. In the event that any claims of the Employer arise against the Contractor, including in connection with default, bad, partial and / or delayed performance or due penalties, the Employer shall have the right to retain the relevant part and to be satisfied by the Security, as utilize such part of it corresponding to the consequences of non-performance, including, but not limited to, any and all damages suffered and benefits lost by the Client.
12.2. The Contracting Authority shall have the right to utilize the Collateral in full in case of initiation of bankruptcy proceedings against the Contractor.
12.3. In each case of satisfaction of the Security, the Contracting Authority shall notify the Contractor of the detention and its grounds. The retention of the Collateral does not fully or partially exhaust the rights of the Principal to seek compensation in a larger amount.
12.4. Where the Contracting Authority is satisfied with the Collateral and the Contract is still in force, the Contractor shall within 20 (twenty) days supplement the Collateral by providing a document for modification of the original bank guarantee or new bank guarantee, respectively insurance, or other document according to the form of collateral provided for in the Treaty.

MANUFACTURING, DELIVERY AND / OR INSTALLATION OF PRODUCTS

13. Performance rights and obligations
13.1. By signing the Contract, the Contractor confirms that:
(i) has duly examined all the details relating to the subject matter of the Treaty, including, but not limited to, technical and other specifications, conditions and data as to their adequacy and technical applicability;
(ii) is aware that the products manufactured and / or delivered by him / her and / or the assembly activities performed by him / her will form part of a complete complex installation and / or construction site (the “Site”) and even minimal deviations from the contract as well as minimum defects, inaccuracies or improper delivery, or installation, respectively, could cause damage, additional costs and missed benefits to the Client, including due to delay in completion of the Site, failure to fulfill or delayed performance of the Client’s obligations to it and contractors, so Contractor shall perform the contract with due care and attention to detail.
13.2. The Contractor shall be obliged to produce, deliver and / or install the products as agreed with his own means and materials.
13.3. If it is agreed to make the production of the products in batches, the Contracting Authority may unilaterally change the quantitative requirements for each lot, the production of which has not been started, according to a new or eliminated operational need. For the avoidance of doubt, changing the requirements may also include eliminating the need to design a batch. The Contracting Authority shall also be entitled to request from the Contractor a temporary cessation of production and / or delivery activities in accordance with a new or eliminated operational need, without owing compensation.
13.4. At the instruction of the Contracting Authority or a person designated by it, the Contractor shall be obliged to suspend the execution of the assembly activities or any part thereof, for such period of time and in such manner as the Contracting Authority or the person designated by it determines as operationally necessary . For the entire period of suspension, the Contractor shall be obliged to protect and secure the works or part of them in an appropriate manner, insofar as is necessary in the opinion of the Contracting Authority or the person designated by it and in accordance with their instructions. The Contractor shall not be entitled to compensation for the termination of the installation activities, nor for reimbursement of any other costs in connection therewith.
13.5. The Contractor is obliged to follow the instructions of the Client, the generally accepted technological rules and the legal provisions applicable to the respective activity.
13.6. The Contractor is obliged to render full assistance to the Contracting Authority in the event of any issues raised by the latter and / or the need to present any documents, other than those specified in item 17.1., In connection with the production, delivery and / or installation of the products. providing the information and / or documents requested by the Contracting Authority immediately, but not later than 1 (one) working day after the request in respect of the information, respectively 2 (two) working days in respect of the documents.
13.7. If agreed in the Contract, before the expiration of the Guarantee period according to item 26.1., The Contractor shall have insurance against business risks with a coverage not less than 5 (five) times the value of the Contract, for terms and conditions, usual for the respective type of business activity.

14. Deadlines
14.1. The Contractor is obliged to comply with the strict deadlines for production, delivery and installation. The Contractor shall promptly inform the Contracting Authority in writing of any circumstances that might prevent, impede or delay the performance of its obligations under the Contract, indicating the reasons and the expected length of delay.
14.2. The Contracting Authority has the right to unilaterally change the agreed terms for production, delivery and installation, provided that this does not lead to a change in the total number of respectively agreed working days without owing any penalties and indemnities to the Contractor in this regard.

15. Delivery
15.1. The place of delivery of the products shall be determined in the Contract or in accordance with the written instructions of the Contracting Authority and may be in the territory of the Republic of Bulgaria as well as in another country.
15.2. All costs related to the transportation of the delivery shall be borne by the Contractor. Consignments shall be packed in such a way as to prevent damage. The Contractor shall include in the transport documents the details of the respective delivery, determined in accordance with the written instructions of the Contracting Authority, such as the contract number and date, consignee, etc.
15.3. The Contractor shall be entitled to deliver the contract in part, as well as before the specified delivery date, only with the explicit prior written consent of the Contracting Authority.

16. Installation
16.1. The place of performance of the assembly activities shall be determined in the Contract or in accordance with the written instructions of the Contracting Authority and may be in the territory of the Republic of Bulgaria as well as in another country.
16.2. The contractor begins the execution of the assembly activities after signing a protocol for their commencement.
16.3. Installation activities shall be considered completed at the time of signature of the acceptance and approval protocol.
16.4. The Contractor arranges for the issuance of all documents, including permits, which are or may become necessary for the proper performance of the assembly activities.
16.5. The Contractor shall ensure strict observance of the safety rules of the Site by all persons entitled to be present at the Site in connection with the installation works, and maintain the necessary order to prevent hazards to persons and material assets.

17. Documentation
17.1. “Documentation” means any and all written documents accompanying the articles whose manufacture, delivery and / or assembly are subject to the Contract, including but not limited to drawings, schemes, sketches, instructions, instructions, rules and certificates that permit the Contractor and The contracting authority to fulfill their respective obligations. These documents may relate to production specifics, quality control, potential hazards, safety rules, transport, export, import, customs, taxation, parts identification, logistics, storage, installation, commissioning, training, accounting, billing, business operation, repair, maintenance, delivery of spare parts and more.
17.2. Documentation is considered part of the product and therefore part of the delivery / installation. The Contractor is obliged to provide the Documentation within the time limit and scope according to the instructions of the Contracting Authority. In the absence of specific instructions, the Documentation must be provided with the relevant delivery, within a scope that:
(i) allow for the proper and safe transportation, handling, installation and use of the article in question; and
(ii) ensuring that there is no adverse effect on the Employer.
17.3. The documentation must be in Bulgarian or English.
17.4. In the event that some rights related to the Documentation are non-transferable, the Contractor shall be obliged to ensure the acquisition by the Contracting Authority of a free, continuous and unlimited right to use the Documentation.
17.5. If the place of delivery is outside the territory of the Republic of Bulgaria, the Contractor shall be obliged to enclose the relevant proofs of origin of the products, such as declarations of origin and / or movement certificates, on their own account.
17.6. The Contractor declares that it is aware of the particular importance of compliance with its obligations with respect to the Documentation.

18. Staff
18.1. The Contractor shall be obliged to organize the fulfillment of his obligations under the Contract through personnel (“Personnel”) having the necessary qualifications and experience for the purpose.
18.2. At the request of the Contracting Authority and within a period specified by the Contractor, the Contractor shall be obliged to provide him with information on the Personnel which the Contracting Authority considers essential for the fulfillment of the Contractor’s obligations under the Contract, including, but not limited to, the number, qualification and experience of the Staff.
18.3. The Contractor shall, at the request of the Employer, replace one or more members of the Staff whose work responsibilities include performing activities under the Contract and provide in a timely manner suitable replacement Staff.
18.4. The Contractor shall strictly abide by the safety and health rules concerning the Personnel, including, but not limited to, the provision of all necessary protective equipment and work clothing and insurance against occupational accident and death for the entire duration of the installation work. and until the expiration of the Guarantee period according to item 26.1.

19. Risk
4.1. The Assignor retains ownership of the materials provided to the Contractor, if any.
4.2. The risk of accidental loss or damage of material intended for the manufacture of a product subject to the Contract shall be borne by the Contractor, whether or not the material is provided by the Contracting Authority.
4.3. The risk of accidental loss or damage of the devices shall pass to the Contracting Authority at the moment of issuing the protocol for acceptance and approval of the devices according to item 20.1.

20. Acceptance
20.1. Within 14 (fourteen) days of receipt of the delivery, respectively completion of the assembly activities, the Contracting Authority or a person designated by it shall inspect the devices, respectively completed assembly activities, with regard to obvious defects, and in the absence of such, issue a protocol for acceptance and approval of the delivered products, respectively assembly activities. Acceptance and approval of the articles, respectively assembly activities, does not release the Contractor from liability with respect to his obligations under the Contract, including in cases where the Client has omitted to notice obvious defects or defects of the delivered products, respectively assembly activities, as a result of which has accepted and approved any of them.
20.2. Notwithstanding the time limits for acceptance and approval under item 20.1, the establishment and completion of the Site or its separate parts in operation shall be carried out in compliance with the provisions of the applicable legislation at the site of the Site. If such legislation contains requirements requiring the assistance of the Contractor in order to ensure compliance with applicable legal provisions, the Contractor shall be obliged to provide such assistance in full, without owing any additional remuneration and / or compensation.

21. Weight and quantity
21.1. In the case of weight variations, the weight determined by the Contracting Authority in the protocol for the acceptance and approval of the articles according to item 20.1 shall be valid, unless the Contractor proves that the weight calculated by him is correctly determined in accordance with a generally accepted method. Similarly, this applies to quantities.

22. Waste
22.1. To the extent that as a result of manufactured articles, deliveries and / or assembly activities, waste is generated, the Contractor shall be considered to be the owner of the waste from the moment of its occurrence and shall comply with all obligations arising therefrom, including, but not limited to, the Law on Waste Management. When the materials for the production of the articles are provided by the Client and the Client has stated that he wishes to return the waste from these materials, the Contractor shall return to the Client the waste after the products have been manufactured.

23. Third party rights
23.1. The Contractor shall ensure that the rights and rights of third parties are not in any way affected by the Contract and / or in connection with the Contract, including but not limited to intellectual property rights in connection with the materials, technologies, tools, drawings used in the execution of the Contract. , models, brands, etc.

LIABILITY OF THE CONTRACTOR

24. Responsibility
24.1. In cases where the Contractor’s failure to fulfill any obligation is causally related to the occurrence of direct or indirect damage to the Client, the Contractor shall be obliged to indemnify the Client for any and all damages suffered by the latter, including lost benefits.

25. Delay
25.1. In case of delay on the part of the Contractor, he shall pay a penalty for each delayed day as follows:
(i) manufacture, delivery or installation of articles: 0,2% of the total value of the Contract for each day of delay, but not more than 20% of its value;
(ii) supply of documents relating to the articles: 0,1% of the total value of the Contract for each day of delay, but not more than 10% of its value.
25.2. The penalties shall be due on the respective date on which the delivery was to be made, respectively the assembly activities shall be completed, irrespective of whether actual damage to the Contracting Authority has occurred. The Contracting Authority has the right to offset its claims for penalties against its obligations under invoices issued by the Contractor, as well as other obligations towards the Contractor.
25.3. Payment of the penalty for delay does not relieve the Contractor of his obligation to complete the assignment or of any of his obligations or responsibilities under the Contract. The contracting authority is entitled to claim damages in addition to the penalty.

26. Warranty
26.1. The warranty period of the articles, respectively assembly activities (“Warranty period”), is 60 (sixty) months from the date of issuance of the last protocol for acceptance and approval of the products from the last delivery, respectively assembly activities, according to item 20.1. It shall be extended by the time from the claim by the Contracting Authority to the satisfaction of the Contractor.
26.2. Any defects or inconsistencies occurring before or during the Warranty Period shall be promptly remedied by the Contractor at the site of the Site by replacement or repair of the Products, at the option of the Contracting Authority, and, as appropriate, ensuring the required quality of installation. If the replacement, repair and / or intervention of the Contractor with regard to ensuring the required quality of installation is not commercially adequate or if the Contractor fails within a reasonable time to rectify the defects, replace the products accordingly and / or ensure the required quality at the installation, the Contracting Authority has the right to:
(i) be paid the costs necessary to repair, replace, and / or provide the required quality of installation;
(ii) receive a price reduction;
(iii) terminate the Contract with immediate effect.
26.3. All services and additional costs, such as transportation, duties, dismantling and installation, etc., are provided and / or paid by the Contractor.
26.4. In the case of defects that need to be remedied immediately, including, but not limited to, defects occurring during the critical phases of the Site’s implementation, the Contracting Authority has the right to remedy such defects without the Contractor’s consent at the expense of the Contractor, which does not release the Contractor from its obligations during the Guarantee period and shall not affect other claims of the Employer against the Contractor.
26.5. In the case of repair or replacement of a part of a product, a new Warranty Period according to item 26.1 applies to that part.
26.6. The Contractor guarantees that it will maintain spare parts for the products and / or produce such parts according to the instructions of the Client for 10 (ten) years after the expiration of the Guarantee period.
26.7. In addition to the foregoing obligations, in the case of delivery of products not in accordance with the contract, as well as in case during the Warranty period there are hidden defects of the products and / or installation, the Contractor shall indemnify the Contracting Authority for any and all suffered in connection with this direct and indirect harm, including lost profits.
26.8. All costs for servicing the Client’s claims within the Guarantee period shall be borne by the Contractor.

QUALITY CONTROL

27. Checks
27.1. The contracting authority may at any time carry out checks on any and all parameters of the performance of the Contract, including, but not limited to, the quality, quantities and stages of performance of the contract awarded. The Contractor shall ensure that the Contracting Authority can carry out the same checks with regard to subcontractors.
27.2. The rights of the Contracting Authority under the preceding clause imply access to all relevant premises, objects and documents of the Contractor, respectively subcontractors.

CONFIDENTIALITY

28. Confidential information
28.1. The Contractor is obliged to maintain confidentiality and not to disclose or disseminate information that became known to him upon or in connection with the performance of the Contract (“Confidential Information”). Confidential information includes, but is not limited to, any financial, commercial, technical or other data, materials, studies, analyzes, documents or other information related to the business, management or business of the Client and / or its contractors, from any nature and in any form, including financial and operating results, markets, current or potential customers, ownership, working methods, personnel, contracts, engagements, legal issues or strategies, products, documentation processes , drawings, specifications, diagrams, plans, notifications, data, samples, models, samples, software, software applications, computer devices or other materials or records or other information, whether in writing or verbally, or contained on a computer disk or another device.

29. Disclosure of Confidential Information
29.1. The Contractor may disclose Confidential Information only after prior written approval by the Employer, unless the information is to be disclosed under the current Bulgarian legislation.
29.2. In the cases under item 29.1., The Contractor shall immediately notify the Contracting Authority of the relevant circumstances necessitating the disclosure of Confidential Information.
29.3. The obligations related to non-disclosure of Confidential Information shall remain in force even after the termination of the Agreement, regardless of the grounds for this.
29.4. For any breach of any of the obligations referred to in items 28 and 29, the Contractor shall pay to the Contracting Authority a penalty of 3% (three percent) of the Contract value. This does not deprive the Contracting Authority of his right to seek compensation for the actually suffered damages.

TERMINATION / TERMINATION OF THE CONTRACT

30. Grounds
30.1. The Contracting Authority may terminate the Contract without notice and without owing to the Contractor penalties and indemnities for the damages suffered from the termination, in the cases in accordance with item 13.3. batch according to the changed requirements for it.
30.2. The Contracting Authority may terminate or terminate the Contract without notice and without owing to the Contractor penalties and indemnities for the damages suffered from the termination, respectively termination, if the Contractor materially breaches his obligations under the contract. A material breach is considered to be if:
(i) the Contractor has delayed the performance of any of its obligations under the Contract by more than 15 (fifteen) days;
(ii) the suspension of the execution of the assembly activities or any part thereof in accordance with paragraph 13.4. is the result of lack of staff discipline;
(iii) the Contractor has not remedied any deficiencies, inconsistencies or defects found in the articles and / or installation activities covered by the Contract within the relevant time limit or the attempts to remedy have been unsuccessful;
(iv) the Contractor has violated any of the provisions on subcontracting under paragraph 5;
(v) in the event of bankruptcy proceedings against the Contractor;
(vi) in the event of a change in ownership and / or control of the Contractor; or
(vii) if the Contracting Authority has good reason to accept that the Contractor will not be able to fulfill any of its obligations under the Contract.

31. Consequences
31.1. In the cases under item 30.1., If at the moment of termination of the Contract the Client has assigned and the Contractor is in the process of making and / or delivering a certain amount of products, the relations between the parties regarding these products shall be settled in accordance with the Contract as if it wasn’t terminated.
31.2. In the event of termination of the Contract in accordance with item 30.2., The Employer shall pay to the Contractor the goods delivered within the agreed term, accepted and approved by protocol according to item 20.1., At the moment of termination, at prices under the Contract.
31.3. In the event of termination of the Contract pursuant to item 30.2., The Contractor shall be obliged to indemnify the Contracting Authority for all damages incurred as a result of termination, including lost benefits.
31.4. In the event of termination of the Contract in accordance with item 30.2., The Employer and the Contractor shall be obliged to return to each other the respective payments made.
31.5. In all cases of termination or termination of the Contract, the Contractor shall immediately return to the Contracting Authority any materials provided by the latter for the manufacture of the products.

FINAL PROVISIONS

32. Assignment of rights and obligations
32.1. The Contractor may not assign any of the rights and obligations arising from the Contract without the consent of the Contracting Authority.

33. Changes
33.1. The Contracting Authority may make amendments and / or additions to these General Terms and Conditions at any time and shall notify the Contractor in writing of the changes and / or additions. In the absence of express objection by the Contractor within one week from the date of the notification, the amendments and / or additions shall be considered to have entered into force from the date of the notification.
33.2. The contract between the Contracting Authority and the Contractor may be amended only by additional agreements, drawn up in writing and signed by both parties.

34. Partial invalidity
34.1. If individual clauses of these General Terms or the Contract are or become invalid or unenforceable, the Agreement and the other clauses of these General Terms and Conditions shall remain in force.
34.2. The Contracting Authority and the Contractor undertake to replace the void or unenforceable condition with a commercially equivalent arrangement, to the extent possible, taking into account their mutual interests.

35. Applicable law
35.1. These General Terms and Conditions, as well as the Agreement, together with any additional agreements thereto, are governed by and construed in accordance with Bulgarian law.

36. Dispute settlement
All disputes arising from or relating to these General Terms and / or the Agreement, including disputes arising or relating to their interpretation, invalidity, performance or termination, as well as disputes for filling gaps in them or adapting them to new circumstances will be settled by the Arbitration Court of the Bulgarian Chamber of Commerce and Industry in accordance with its Rules of Procedure based on arbitration agreements.

Privacy Policy and Data Protection

Responsible Authority in terms of the Data Protection law is:
Fabex Bulgaria Ltd.
1407 Sofia, Bulgaria,
Silver City Complex
2A Emiliyan Stanev Str.
Building 5, Office 5-04
Phone: +359 2 494 22 77
office[at]fabex.bg

Fabex Bulgaria Ltd. has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering, using and dissemination practices for this website: www.fabex.bg.
Fabex Bulgaria Ltd. reserves the right to change this policy at any time by notifying users of the existence of a new privacy statement.

Fabex Bulgaria Ltd. respects your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the type of information we may collect from you or that you may provide when you visit the website www.fabex.bg and our practices for collecting, using, maintaining, protecting and disclosing that information. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website.

This policy applies to information we collect:
 On this Website
 In email, text, and other electronic messages between you and this Website.
 When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
 By different applications on Google.
 Through Automatic Data Collection Technologies.

          Collection of Data

Under the EU’s General Data Protection Regulation (GDPR) personal data is defined as: “Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
“Usage Information” or “Usage Data” is information about an individual’s online activity that, by itself, does not identify the individual, such as browser type, operating system, top viewed and visited pages and links on our web site, top entry and exit points, number of form completions, time spent on pages, top downloads, top keywords used offsite to lead customers to our website, information collected via cookies, and other device event information such as system activity, crashes, and hardware settings.
Generally, we do not consider Usage Data as Personal Information because Usage Data by itself usually does not identify an individual. Personal Information and Usage Data may be linked together. Different types of Usage Information also may be linked together and, once linked, may identify an individual person. Also, some Usage Data may be Personal Information under applicable law.
Fabex Bulgaria Ltd. collects information that you provide to us and from your use of the Website and the services. The information that we collect and how we process it depends on how you use and access the Website. Some information is collected automatically through the use of cookies and similar data collection tools. Continue reading for more information on Fabex Bulgaria Ltd.’s use of cookies.

          We collect information from you when you:
Use the Website: We collect Personal Information and Usage Data from you when you create a request for some of the services, contact us for help, complaint or information or otherwise provide your Personal Information.
Usage Data: We also automatically collect Usage Data when you interact with the Website. Whenever you use the Website or the services, we use the location information from your mobile device or browser to tailor the services and website experience to your location.

          Use of Google Analytics:

This website uses Google Analytics, a web analytics service provided by Google Inc. (following: Google). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these websites, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies by a corresponding setting of your browser software; however, we point out that in this case you may not be able to use all functions of this website in full. In addition, you may prevent the collection by Google of the data generated by the cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading the browser plug-in available under the following link and install:

          Browser add-on to deactivate Google Analytics
In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking this link. An opt-out cookie will be installed on your device. This will prevent the collection by Google Analytics for this website and for this browser in the future, as long as the cookie remains installed in your browser.
Use of Google Maps: This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about the use of map features by visitors. For more information about Google’s data processing, please refer to the Google Privacy Notice. There you can also change your personal privacy settings in the privacy center.

For detailed instructions on how to manage your own data related to Google products, click here.
Information We Collect Through Automatic Data Collection Technologies.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
 Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
 Information about your computer and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time trough other online services (behavioral tracking).

Cookies, as one of these technologies, can be controlled through browser settings. Be aware that setting the cookies controls to be too restrictive, or declining cookies, may affect your ability to use certain features of the website of Fabex Bulgaria Ltd.. Please refer to your browser Help instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another computer or change browsers.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. Even if this information does not constitute personal data on itself, if it makes it possible to reveal the identity of a data subject it is also protected according to the requirements of the Regulation. This helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
 Estimate our audience size and usage patterns.
 Store information about your preferences, allowing us to customize our Website according to your individual interests. The period for storing the data is 2 years, during which we believe that the development of our projects and services will continue to be of interest to you.
 Speed up your searches.
 Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

          Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

          Content and service providers
Certain content on the website and services related to its proper functioning, maintenance and accessibility are served by our external content providers and service providers. Fabex Bulgaria Ltd. guarantees that it has arranged its contractual relations with all these providers as processing your personal data in full compliance with the EU Data Protection Regulation.

          How Your Information is Used
We use the Personal Information that we collect to operate, improve, and personalize the Website and services including to provide customer service, customize our marketing, to detect, prevent and mitigate fraudulent or illegal activities. You agree that we may use your Personal Information as follows:
 to provide the services to you
 to fulfil any other purpose for which you provided it
 to operate, improve and personalize the services we offer, and to give each user a more consistent and personalized experience when interacting with us
 for customer service, security, to detect fraud or illegal activities, or and for archival and backup purposes in connection with the provision of the Services
 to communicate with you, either via email, telephone, or otherwise as authorized by you to inform you about the Services, Conferences, Events, etc.
 to better understand how users access and use the website and services, for the purposes of trying to improve the Website and services and to respond to user preferences, including language and location customization, personalized help and instructions, or other responses to users’ usage of the services
 to help us develop our new services and improve our existing services
 to provide users with advertising and direct marketing that is more relevant to you
 to evaluate the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with the Services
 for any other purpose with your consent.

          Legal Basis for The Processing of Personal Information
As an administrator of personal data within the EU the processing of your personal information by Fabex Bulgaria Ltd. will be legitimized as follows:
 Whenever we require your consent for the processing of your personal information such processing will be justified pursuant to Article 6(1) lit. (a) of the General Data Protection Regulation (EU) 2016/679 (“GDPR”). This article in the GDPR describes when processing can be done lawfully.
 If the processing of your personal data is necessary for the performance of a contract between you and Fabex Bulgaria Ltd. or for taking any pre-contractual steps upon your request, such processing will be based on GDPR Article 6(1) lit. (b).”). If this data is not processed, Fabex Bulgaria Ltd. will not be able to execute the contract with you.
 Where the processing is necessary for us to comply with a legal obligation, we will process your information on basis of GDPR Article 6(1) lit. (c), for example complying in the fields of employment law.
 And where the processing is necessary for the purposes of Fabex Bulgaria Ltd.’s legitimate interests, such processing will be made in accordance with GDPR Article 6(1) lit. (f), for example to detect fraud.

          Disclosure of Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
 Our affiliated companies within the EU – as free movement under conditions of legitimate interest.
 To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
 To fulfill the purpose for which you provide it.
 For any other purpose disclosed by us when you provide the information.
 With your consent.
 For legal purposes: We also may share information that we collect from users, as needed, to enforce our rights, protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions in cases where the legitimate interests prevail over the interests of individual subjects of personal data. We will disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain.
 Corporate Changes. We may transfer information, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part). When one of these events occurs, we will use reasonable efforts to notify users before your information is transferred or becomes subject to a different privacy policy.

          Where We Store Your Personal Data
The data we collect from you will be transferred to and stored in European Union for a period no longer than is necessary to meet the objectives set forth above. Fabex Bulgaria Ltd. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. All information you provide to Fabex Bulgaria Ltd. is stored on secure servers. Fabex Bulgaria Ltd. will do everything possible and will take appropriate technical and organizational measures to protect your data.

           Accessing and Correcting Your Information
If you wish to exercise your rights regarding the processing of your personal data by Fabex Bulgaria Ltd., please get in touch via office[at]fabex.bg
You may also request information through our about: the purpose of the processing; the categories of personal data concerned; who else outside Fabex Bulgaria Ltd. might have received the data from Fabex Bulgaria Ltd.; what the source of the information was (if you did not provide it directly to Fabex Bulgaria Ltd.); where the personal data is stored and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by Fabex Bulgaria Ltd. if it is inaccurate. You may request that Fabex Bulgaria Ltd. erase that data or cease processing it, subject to certain exceptions. You may also ask Fabex Bulgaria Ltd. for your personal data to be supplemented or updated, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. You may withdraw your consent for the processing of personal data or the further processing of personal data by Fabex Bulgaria Ltd. at any time. You may also request that Fabex Bulgaria Ltd. cease using your data for direct marketing purposes in case you have given such consent. When technically feasible, Fabex Bulgaria Ltd. will—at your request—provide your personal data to you or transmit it directly to another controller. You have the right to receive your personal information in a structured and standard format.
You have the right to object at any time to any processing of your personal data based on Art. 6 (1) (e) and (f) GDPR. We will then no longer process the personal data unless we can prove compelling reasons worthy of protection which outweigh the interests, rights and freedoms of the person concerned.
You have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how Fabex Bulgaria Ltd. processes your personal data.
The exercise of your rights as a data subject at Fabex Bulgaria Ltd. can be accessed by contacting us by e-mail at: office[at]fabex.bg. Upon your request for access to your personal data, Fabex Bulgaria Ltd. will take all necessary action to provide you with the appropriate information about processing free of charge. If the request is unreasonable or excessive, especially due to its repeatability, Fabex Bulgaria Ltd. may charge a reasonable fee by taking into account the administrative costs arising as a result of providing information or communication, or taking any other actions based on the request, and may justifiably refuse to take action.
Fabex Bulgaria Ltd. is obliged to verify your identity before providing any information related to the processing of your personal data.

          Deletion of personal data
The deletion of personal data is done in accordance with the legal requirements defined, for example, in the Electronic Communications Act for storing and providing information for the purposes of detection and investigation of crimes, obligations under the Accountancy Act for the storage and processing of accounting data, expiration of the Laws obligations and contracts, as well as other procedural laws, limitation periods for making claims, obligations to provide information to the court, competent state bodies, etc. or by internal rules adopted in the organization for specific personal data. Your data can also be anonymized. Anonymization is an alternative to data deletion. In anonymization, any personal identifiable elements that allow you to identify yourself are irrevocably deleted. Anonymized data is not legally obligatory for deletion because it does not constitute personal data.

          Additional Questions
If you have any questions or concerns about this Privacy Notice, please contact us at: office[at]fabex.bg
For any additional questions, regarding protection of your privacy data, you can contact Commission for Personal Data Protection:

Address: 2 Prof. Tsvetan Lazarov Blvd., Sofia 1592
Call centre – tel. +3592/91-53-518
Е-mail: kzld[at]cpdp.bg
Web-site: www.cpdp.bg