Terms and conditions

1. ORIGIN OF THE PARTS
CommaTECH is a direct importer of parts and accessories on the market. The parts are purchased directly from the manufacturer of the brands and they are in compliance with the quality standards applied by each brand.
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2. PRICES
Due to our rigorous cost management policy and by direct and permanent contact with manufacturers of the imported brands, CommaTECH prices are always the lowest on the market. CommaTECH offers always good value for money. The volume of the orders and your loyalty as a partner will always be appreciated and encouraged by our prices.
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3. PARTS ORDERING
CommaTECH offers its customers the necessaru technical support and knowledge to identify the correct parts to be ordered. The parts will be ordered always in writing in order to avoid the possible mistakes. The order will contain the billing data of the recipient, the delivery address, the contact person  and his/her telephone number, the ordered product, the ordered quantity and the price that was offered.
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4. PARTS DELIVERY
The delivery of the parts can be made directly from the CommaTECH warehouses , or by courier to the address indicated in the order by the customer.
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5. TERMS AND CONDITIONS
CommaTECH is an independent company, not an official representative of these brands. The trademarks ( JCB, CAT, Komatsu, Perkins, Deutz or other) used in the contents of this website are the property of their legal owners and they are used for informational purposes.
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a. General Data
For all the commercial relations which are established between us and our customer as a beneficiary the following general conditions of sale and delivery are applicable unless other conditions have been established in writing. The deviating or opposing conditions of the beneficiary will not be recognized by us only if their validity has been especially accepted in writing. Our conditions of sale and delivery are available also in the case when we, knowing about the opposing or deviating conditions of the beneficiary and unreservedly executed or are executing the order. All the conditions beyond our trade agreements , between us and the customer, made for the purpose of fulfilling the contract, will be written down in the contract.
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b. Offers
All the offers and the statements on prices and delivery terms do not imply any commitment, they become binding only after the written confirmation. The information about measures, weight and performance, the photos, and information on the used, worn and / or reconditioned machinery and equipment, data about the length and amount of the wear are approximate and non binding, unless when they were called as diligent information. It is strictly forbidden the accesso f the thirs parties to the expenditure estimates, drawings, technical data and other documents of which we keep the rights of owner and the copyright.
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c. Prices and Terms of Payment
Prices are valid, unless otherwise established, as from the warehouse or the storage place and they do not include the costs for packing, loading and transportation. Prices and VAT should be regarded by the laws in force in the country of destination/storage. In the absence of any special conventions, the payment is made in cash without any discount at the delivery of the machinery, parts or other items or contracted services. In the case of an established convention the payment will be done within a determined time and duration from the date of billing. The mandates of payment, the checks and promissory notes will be accepted only on under an extraordinary convention, written even under the form of advance, under the billing of the the costs of collection and discounts. Payment compensation with recognized claims of all kinds, and the exercise of  a right of retention are excluded, the only exception is the case when these requests have been established with the power of law, they are undisputed or recognized by us. If the recipient does not make the payment until the deadline, we are entitled to charge a penalty of 0.1 % of the balance for each day of delay. The value of the penalties may exceed the value of the goods. If we are able to prove damages in case of delay in payment, we are entitled to demand the payment of the produced damage. In case of doubt of the insolvency of the beneficiary, we are entitled to demand a deposit in advance or to cancel the contract if after iths signing we hear about some circumstances that produce a lack of confidence in the solvency of the beneficiary.
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d. Delivery
The terms and delivery time, which can be established with or without obligation, will be fixed in writing. Duration of the delivery shall be counted from the day of the order confirmation, but not before the clarification of all the technical and commercial questions that are related to the supply. The compliance with the delivery obligations assumes the prompt fulfillment of the beneficiary’s duties. The delivery time is preserved if until its expiration the subject has left the warehouse / storage place or a delivery order was announced. The delivery time is extended correspondingly in case of work conflicts, during strokes and also due to force major events beyond our will, to the extend to which such events have a special influence upon the execution of the works or the shipping of the item. The above criteria are valid also if the events described occur at our suppliers. The foregoing circumstances are not then our responsibility , if they occur within an already existing delay of delivery. The beginning and the end of the similar events will be reported by us, for the important cases, in the shortest time possible, to the beneficiary. CTH can not take responsibility for changes in inventories, price or delays, belonging to the manufacturer, supplier or carrier. The limits of liability presented above are not valid if there is an agreement to a fixed commercial business. The same is true, if the beneficiary can prove that because of the delay caused by us, his interest in the performance of the contract is extinguished. If the recipient is deemed in default at taking over the good or he violates other cooperation obligations, we are in this case entitled to claim compensation for damages, including any additional expenses. The employer supports also the risk of accidental loss or degradation of the goods, since expiration of the pickup deadline.
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e. Risk transmission
Unless otherwise specified in the confirmation of the order, the delivery of the goods included the shipping from the warehouse or from the storage place. The risk is transmitted to the beneficiary or with the object leaving the warehouse / storage place or from the shipping day, which is valid even in the case of the partial deliveries or if we took over other services, too, this being also valid for the shipping costs and the export / import and commissioning, services claiming also an extraordinary written convention. Upon the customer request, we provide the goods, at his own expense, against any damage caused by theft, degradation, transport, fire and water as well as against other insurable risks.
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f. Warranty
The delivery of the goods will be made with the formal exclusion of all warranty rights of the beneficiary. The warranty rights of the beneficiary are dependent and assume that he has fulfilled his obligation of claim and control on time until the signing for receipt of the invoice for the goods picked up from one of our representatives within 2 (two) days after invoicing for goods dispatched by courier. We are entitled, upon our choice, to repair the defect or to deliver the spare parts, where the repair will be done with the taing over of all necessary expenses. In any case we will not take over the warranty for damages that occurred in the following cases: improper or inadequate applications, incorrect installation, commissioning by the customer or a third party, natural wear, improper or unconscious care, unsuitable fuels and lubricants, low quality unsuitable replacement materials, mediocre construction works, poor foundations, chemical, electrochemical or electrical influences, to the extent that they are not engaged by us. All the other claims of the beneficiary, especially the claim to compensation of damages that have not occurred for the delivered object, are excluded. We are not responsible for diminishing the benefit, or for other property damage of the beneficiary. Also, the mentioned limits are not valid if the beneficiary claims, due to a confirmed lack of a property, the compensation for non-performance of the contract. Our liability is limited to the replacement or refund of the value of the supplied goods. The liability of the extended compensation against the provided one is excluded without considering the legal nature of the claim. The extent to which our responsibility is excluded or limited is also available for the personal responsibility of the employees, collaborators, representatives, workers and auxiliary forces.
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g. Property reservation
All the delivered goods remain our property until the full paying of their price, including penalties and expenses. The property reservation remains in force during the existence of our claims against the beneficiary, in this or in another commercial transaction, especially during the existence of a balance due. The debt can only be extinguished by the corresponding payment in cash. The promissori notes, the cheques, the assignment of claims, can be accepted as a form of payment, but the debt will only be extinguished when collected in cash. If the beneficiary is behaving in a manner contrary to the contract, especially referring to the payment delay, we have the right to take the goods back, and the beneficiary is obliged to give them over. The taking over of the goods does not represent a case of cancellation of the contract, unless it was specifically stipulated in the contract by us. In case of distraint the contract will be always cancelled. After taking the goods over from the customer we have the right to sell it, and the sale price, beside an appropriate processing fee, will be used to pay debts of the beneficiary. In case of distraint or other interventions from a third person, the beneficiary will immediately notify them, so we can make a complaint at the court. If the third person is not able to pay our trial expenses and the other expenses of the litigation , the beneficiary will be required to indemnify us for those losses. The beneficiary is obliged to take care of the goods, especially to ensure them, on his own expense, the value as new, against damage caused by: fire, water and theft. This insurance liability must cover also the insurance against the damages to the car, under the general conditions of the insurance of machinery, equipment and devices. The beneficiary assignes in our favor all the rights under the insurance contracts delivered until the delivered goods are fully paid, otherwise we are justified to ensure the delivered object, on the expense of the beneficiary, as described above, if the beneficiary has not already made the mentioned insurances in a certificable way. In case of necessity of maintenance and inspection works, the recipient is obliged to carry out such works at his own expense and time. The beneficiary is entitled to sell goods as a regular business, but upon our previous written sale approval. In this case the Beneficiary assigns all claims in our favor, until the size of the final invoice amount, including VAT, resulting from the resale of the object independently of the fact that the subject was renewed by the recipient or not before the resale. Upon the collection of the resale price, the beneficiary remains mandated also after the cession of claims. Our competence to collect the cash remains unchanged. We are committed to not collect the claims if the beneficiary fulfills his obligation of payment from the income resulted after the resale, if he does not register a payment delay, and especially if no request was given with reference to any insolvency proceedings or judicial recovery or if there is a ban upon the payment. In the case described earlier, we can claim that the beneficiary makes us aware of the claims assigned by him together with the identity of the sellers, he gives us all the necessary data for the collection along with the related documents and his assignment made known to the sellers. The working or processing of the object by the client will always be executed for us. The object will be manufactured with parts that do not belong to us, in this case we buy the co-ownership over the new product, in relation to the value of the other parts on the processing date. The same conditions apply for the new product resulted from the processing as for the object delivered under reserve. The beneficiary keeps for us the right, in the described manner, to single or joint ownership.
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h. Court jurisdiction
In all the controversies arising from the contractual relationships, even if the beneficiary is a trader registered in the trade register, a legal entity or a natural person, the competent court is the jurisdiction where our headquarters office is. The same applies if the beneficiary does not have the general legal jurisdiction on the same territory, he moved after the conclusion of the contract or his usual residence and headquarters are not known at the date of filing the complaint. In all the appropriate cases we have the right to file a complaint against the beneficiary and the competent court for his home town.
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i. About cookie
What is a cookie?
An HTTP cookie or cookie module is a special text, often encoded, sent by a server to a web browser and then sent back (unchanged ) by the browser each time you access the server. Cookies are used for authentication and for tracking the user’s behavior; the typical applications are the memorizing of the user’s preferences and the implementation of the "shopping cart”.

Why do we use them?
Cookies are used by web servers to differentiate the users and to react according to their actions in a session consisting of several separate transactions. They were invented in order to implement a virtual shopping cart: usually, the user firstly authenticate himself (login), then he browses the web, freely adding or removing items from the cart, then he views the cart, he requires the calculation of the final price, he decides to order (or he give up), and finally he closes the session (logout). The authentication of the users to the server is another application of the cookies; they help to memorize the fact that the user logged in, and they will allow specific actions to the logged in. Some sites use cookies also to allow users to change the way it displays the web pages, depending on their personal preferences, which are memorized also between sessions. Both functionality issues as well as the graphical display of the page can be changed and memorized. For example, in Google , even the unregistered users can choose for example how many results to display on a page.

Myths:
There is also a number of misconceptions about cookies, most based on the (wrong) impression that they would always contains executable code; in reality they are just texts, and they can not execute any operation. They are neither spyware nor viruses, although some antivirus and anti-spyware programs can detect them. Most modern browsers allow users to decide whether to accept cookies or not. The sites which refuse them will however lack certain facilities - for example, an online shop will not be able to use the shopping cart, if it was implemented using cookies.

Cookies’ law:
A 2002 EU directive regarding the security of the personal Information on the Internet contains rules about the use of cookies. Among other things, Article 5, Paragraph 3 specifies that the data saving (such as cookies) on the client’s computer can be made only if : 1) the user is told how this data will be used , and 2) the user is given the opportunity to refuse such data. However, the same article mentions that the saving of the necessary data for technical reasons is an exception to this rule.

For how long are the cookies active?
Cookies expire , and therefore they are not sent by the browser to the server under the following conditions:
1. At the end of a session (for example, when the browser is closed) if that cookie is not persistent.
2. If an expiration date was specified and the date is at the current time in the past (it may disappear when closing the session, after 30 or 90 days)
3. If the expiration date is changed (by the server or script) to a dateform the past
4. The browser delets the cookie upon the user’s request
The third condition allows a server or a script to delete a cookie explicitly.
The most used method is the following:
1. If a request contains no cookie, it is assumed to be the first access to a page on the server; it creates a cookie with an arbitrary (but unique) value and it sends it along with the requested page;
2. From now on, the browser will receive the cookie along with the applications; he will send the requested pages, but he will memorize the name of the requested page, the date and time , and the value of the cookie in a special list.
Going through this list, it is possible to find out what pages (and in what order) were visited by a particular user (identified by a specific cookie).

What are the "Third - party" cookies?
Images or other items contained in a web page can actually be on a different server than the one on which the page itself is. To display these objects, the browser downloads them from their servers, possibly receiving cookies. They are called "third party" if the server that created them is in an area other than the page’s server. This occurs especially in the case of the commercials. Advertising images are usually stored on servers of the advertising company, in a different domain than the web page where they are displayed. If the browser supports cookies, the advertising company can track the user’s activity on multiple sites (all the visited sites that have images coming from the advertising company). This is done using a unique URL for each site (so that the same image displayed on two sites have different URL s) or with the help of the referrer field of the HTTP transaction. The same can be achieved by interposing in the website images that are invisible to the user, but which are downloaded by the browser. Advertising companies have constantly denied that such information could be used for purposes other than establishing the user preferences. Many modern browsers such as Internet Explorer, Opera or Mozilla Firefox allow users to choose the blocking of the "third party" cookies.

How can I disable the cookie module?
If you do not wish to receive interest-based advertising in the web browsers, you can opt out by accessing the "Ads Preferences Manager". By accessing the network through a web browser, Google offers a number of options to permanently save your opt-out settings. After this moment, Google will not collect information about the interest category and it will not display ads based on those categories when you access the web through a browser. Nevertheless, you may still see relevant ads based on the site content or other information that does not identify you personally.
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Headquarters : 700045 Iasi, 27 Sfantul Lazar Street, Kapital Invest Building -  2nd Floor
Warehouse :
700382 Iasi,88 Aurel Vlaicu Street
600343 Bacau, 32 Letea Street
062202 Bucuresti, 32 Preciziei Street
2059 Chisinau, 19/4 Petricani Street

Phone Romania:
+40 374 048 444
+40 743 122 261
Phone Moldova:
+37 322 893 762
Phone Ucraina:
+38 0947 101 435
Phone Bulgaria:
английски и руски език
+35 924 915 277
office@commatech.ro