These conditions govern all sales by OTELROM EXPORT S.R.L. ("Otelrom", "we") to business customers. They apply to every quotation, order and contract unless we have agreed otherwise in writing.
OTELROM EXPORT S.R.L. · Registered office: Intrarea Gheorghe Simionescu, Nr. 19, Ap. B26, Sector 1, București, Romania · CUI 55420281 · Trade Register J2026049603006
Last updated: 28 August 2026
"Buyer" means the business entity purchasing Goods or Services from us. "Goods" means steel coils, slit strip, sheets, semi-finished products, parts and any other material we supply. "Services" means slitting, storage, handling, logistics and related work. "Conditions" means these general terms and conditions.
We contract exclusively with businesses. These Conditions do not apply to consumers within the meaning of Romanian consumer-protection legislation, and we do not sell to consumers.
Trade terms such as EXW, FCA, CPT, DAP or DDP are interpreted in accordance with Incoterms® 2020.
Our quotations are invitations to treat and do not bind us until confirmed. A contract is formed only when we issue a written order confirmation or when we deliver the Goods, whichever occurs first.
These Conditions prevail over any terms of purchase, general conditions or other documents issued by the Buyer, even if we do not expressly object to them. Any variation is binding only if agreed by us in writing.
Where the Buyer submits prices through our online client portal, the submission constitutes a binding offer by the Buyer, valid until the confirmation deadline stated in the portal, and becomes a contract when we confirm it.
Prices are quoted in euro per tonne, exclusive of VAT and of any other duty, tax, levy or charge, which are payable by the Buyer at the applicable rate.
Unless expressly stated otherwise, quotations remain open for acceptance for seven (7) calendar days and are subject to the material remaining unsold.
Where costs beyond our reasonable control increase between the date of the contract and delivery — including raw-material prices, energy, transport, customs duties, carbon-related charges or exchange rates — we may adjust the price accordingly, giving the Buyer notice. If the increase exceeds ten per cent (10%), the Buyer may cancel the affected part of the order within five (5) working days of our notice.
Invoiced quantities are the actual weights determined at loading or at our weighbridge, which prevail over nominal or theoretical weights.
Payment is due in full, without deduction, set-off or withholding, within the period stated on our invoice or, in the absence of such statement, within thirty (30) calendar days from the invoice date.
Payment is made when funds are credited to our bank account. Where a credit facility has been granted, we may reduce or withdraw it at any time by notice.
Late payment attracts statutory interest under Law no. 72/2013 on measures to combat late payment in commercial transactions, transposing Directive 2011/7/EU, at the National Bank of Romania reference rate plus eight (8) percentage points, accruing daily from the due date until payment, together with the fixed sum of EUR 40 as compensation for recovery costs and any further reasonable recovery costs incurred.
If any sum is overdue, we may suspend further deliveries, require payment in advance or security for outstanding orders, and treat all sums owed by the Buyer as immediately due.
Delivery dates are given in good faith as estimates and are not of the essence of the contract unless expressly agreed in writing as guaranteed dates.
Delivery takes place, and risk in the Goods passes to the Buyer, in accordance with the agreed Incoterm. Where no Incoterm is agreed, delivery is EXW our or our supplier's premises.
We may deliver in instalments, each of which is treated as a separate contract. A defect in one instalment does not entitle the Buyer to reject other instalments.
If the Buyer fails to take delivery on the agreed date, risk passes at the moment delivery was tendered, and we may store the Goods at the Buyer's cost and risk or resell them after giving notice.
Loss or damage in transit must be noted on the transport document at the moment of receipt and notified to us in writing within three (3) working days, failing which the Goods are deemed delivered in good condition.
Ownership of the Goods is reserved to us and does not pass to the Buyer until we have received payment in full of the price and of all other sums owed by the Buyer on any account, in accordance with Article 1684 of the Romanian Civil Code.
Until ownership passes, the Buyer holds the Goods as a bailee, stores them so that they remain identifiable as our property, keeps them insured against the usual risks for their full value, and must not pledge, charge or grant any security over them.
The Buyer may resell or process the Goods in the ordinary course of business; in that case the Buyer's claim against its own customer is assigned to us up to the amount outstanding, and we may notify that customer.
If payment is overdue or the Buyer becomes insolvent, we may enter any premises where the Goods are held and repossess them, and the Buyer's right to resell or use them ceases immediately.
Weights, dimensions, capacities, technical descriptions and illustrations in catalogues, price lists or offer lists are approximate and given for guidance. They form part of the contract only where expressly incorporated in our order confirmation.
Goods are supplied subject to the commercial tolerances of the applicable European standard for the product concerned, or to the mill's standard tolerances where no such standard applies.
A substantial part of our supply consists of non-prime, secondary-quality or surplus material. Such Goods may present the deviations, surface conditions or defects described in the relevant offer list or lot description, are sold on an "as is, where is" basis for the declared characteristics, and are priced accordingly. Where a lot description records a defect, the presence of that defect does not constitute non-conformity.
Any advice or recommendation given by us or our staff as to the storage, application, processing or suitability of the Goods for a particular purpose is given in good faith but without liability. The Buyer is solely responsible for satisfying itself that the Goods are suitable for its intended use and for compliance with any applicable technical or regulatory requirement.
The Buyer must inspect the Goods immediately on delivery and, in any event, before processing, cutting or resale.
Apparent defects, shortages or discrepancies must be notified to us in writing, with supporting evidence and photographs, within eight (8) calendar days of delivery. Hidden defects must be notified within eight (8) calendar days of discovery and in any event within six (6) months of delivery.
Goods in respect of which a claim is made must be kept unprocessed, identifiable and available for our inspection. Processing, cutting or resale of the Goods constitutes unconditional acceptance and extinguishes any claim relating to apparent defects.
Claims do not entitle the Buyer to suspend or delay payment of the invoice concerned or of any other invoice.
We warrant that at the moment risk passes the Goods correspond to the description and the technical characteristics stated in our order confirmation, subject always to the tolerances and to the declared characteristics of non-prime material set out in clause 7.
Where a valid claim is established, our sole obligation is, at our option, to replace the non-conforming Goods, to accept their return against a credit note, or to grant a price reduction. We are not obliged to bear the cost of processing, machining, finishing, installation, removal or any other operation carried out on the Goods.
No warranty applies to defects resulting from incorrect storage, handling, processing or use, from failure to follow good industry practice, from normal wear, or from modification carried out without our written consent.
Nothing in these Conditions excludes or limits liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by our fault, for fraud, or for intentional or gross fault (dol sau culpă gravă).
Subject to clause 9, our total aggregate liability arising out of or in connection with a contract, whether in contract, tort or otherwise, is limited to the net invoice value of the Goods or Services giving rise to the claim.
We are not liable in any circumstances for loss of profit, loss of production, loss of contracts, loss of business or goodwill, downtime costs, or for any indirect or consequential loss, however arising.
We maintain insurance appropriate to our activity; the existence of insurance does not extend our liability beyond the limits set out above.
Neither party is liable for failure or delay in performing its obligations, other than an obligation to pay money, caused by an event beyond its reasonable control within the meaning of Article 1351 of the Romanian Civil Code, including war, civil unrest, acts of terrorism, epidemic, natural disaster, fire, flood, strike or industrial action, failure of energy supply, breakdown of plant, transport disruption, embargoes, sanctions, export or import restrictions, or failure of suppliers for such reasons.
The affected party must notify the other without undue delay. If the event continues for more than sixty (60) days, either party may terminate the affected part of the contract by written notice, without liability other than for Goods already delivered.
We may suspend performance or terminate any contract with immediate effect by written notice if the Buyer fails to pay any sum when due, commits a material breach which is not remedied within ten (10) days of notice, becomes subject to insolvency, reorganisation or liquidation proceedings, ceases or threatens to cease trading, or if we reasonably consider that any of these events is imminent.
On termination, all sums owed by the Buyer become immediately due and our rights under clause 6 apply in full.
Each party warrants that it complies with all applicable laws relating to international sanctions, export control, anti-money-laundering, anti-bribery and corruption, and that it is not a person designated under any European Union, United Nations, United Kingdom or United States sanctions regime.
The Buyer must not sell, export, re-export or otherwise transfer the Goods, directly or indirectly, in breach of any applicable restrictive measure, and must provide on request the information we reasonably require to verify compliance, including the identity of the end user and the country of final destination.
We may refuse, suspend or cancel any delivery, without liability, where performance would in our reasonable opinion breach or expose us to a risk under any sanctions or export-control regime.
Each party keeps confidential all commercial, technical and pricing information received from the other in connection with a contract, and uses it only for the purposes of that contract. This obligation survives termination for three (3) years.
Personal data is processed in accordance with Regulation (EU) 2016/679 and with our Data Protection Policy, available on this website.
The Buyer may not assign or transfer any right or obligation under a contract without our prior written consent. We may subcontract the performance of any part of a contract and may assign our rights, including our receivables.
A failure or delay by either party in exercising a right is not a waiver of that right, and a partial exercise does not prevent its further exercise.
If any provision of these Conditions is or becomes invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by a valid provision reflecting as closely as possible the intention of the parties.
The contract, our order confirmation and these Conditions constitute the entire agreement between the parties and supersede all prior discussions, correspondence and representations.
These Conditions and any contract to which they apply are governed by Romanian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) is excluded.
The competent courts of Bucharest, Romania, have exclusive jurisdiction over any dispute, without prejudice to our right to bring proceedings before the courts of the Buyer's registered office.
The parties may agree in writing to submit a dispute to arbitration under the Rules of the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania.
These Conditions are published in several languages. In the event of any discrepancy between versions, the English version prevails.
