FORTIS PROJEKT Inc. for design, construction, commerce and electronic communications
HR-10000 Zagreb, Nova cesta 184
OIB: 86877525325, MBS: 080718982
Marko Obad, chief executive director and Siniša Štengl, executive director
The following document shall form these general terms and conditions (hereinafter:
"Conditions"). All business activities are subject to these Conditions
and no order should be placed without reference to these Conditions.
"Fortis Projekt" means company FORTIS PROJEKT Inc., with registered seat
in Zagreb, Nova cesta 184, Croatia. Its main business activity focuses on building
infrastructures for telecommunications, broadband and data networks.
These Conditions shall refer to Fortis Projekt's purchasers, suppliers as well as to
all other business partners (hereinafter: "Clients").
"Contract" means any agreement or understanding on business cooperation
which the Fortis Projekt has concluded with any Client, and to which these Conditions apply.
2. General obligations of Fortis Projekt
Fortis Projekt shall provide all management, engineering, design, supervision, personnel
services, as well as equipment, machinery, tools, materials and all other necessary items
whether of temporary or permanent nature, all to the extent necessary to provide the service
specified in the Contract form (hereinafter: "Service").
Fortis Projekt represents and warrants that it shall carry out the Service in accordance
with internationally recognised good practices and standards applicable to the Service
stipulated in the the Contract. Fortis Projekt shall provide the Service with all due skill,
care, diligence, prudence and foresight to be expected of a reputable contractor experienced
in provision of the Service stipulated in the Contract.
Contract shall be in compliance with all provisions of applicable laws and other regulations.
The Contract shall also ensure that the Services are provided, and that the personnel abides
all applicable laws and other regulations.
3. Health, safety, environment and security
Fortis Projekt and Clients shall procure that all Contracting parties actively pursue the
highest standards of health, safety, environment and security in connection with the Service.
Fortis Projekt shall accept orders from Clients only in writing form via fax, post, e-mail,
website or by prior arrangement by other electronic means. If the order is not made properly,
Fortis Projekt is not responsible for refusal thereof.
Payments shall be made in the national currency unless otherwise specified in the Contract.
Price for the Service shall be charged in accordance with these Conditions and Price List.
The Price List is valid until revocation. Fortis Projekt has the right to alter Price List at any
time with the obligation to publish and make it available to Clients in a timely and appropriate
manner. Price List, as well as any subsequent amendments thereto, shall be available on the official
website of Fortis Projekt.
If due to the omission of Client, the identity information of Client, the account number and other
information necessary for the proper recording of the payment are not correctly entered in the payment
form, Fortis Projekt shall not be responsible for the inability to record the payment resulting from
the reasons stated – until Client submits to Fortis Projekt the proof of the payment made.
Client is obliged to pay the invoice specified with Work components in full amount until the due date
stated on the invoice. Payment shall be made within 60 (in letters: sixty) days from issuing the
receipt. For delayed payments, default interest shall be added in accordance with the applicable law
of the Republic of Croatia.
6. Suspension and variation
With notice to Fortis Projekt, the Client shall have the right to instruct the suspension or
variation of all or any part of the Service. Any additional payment or adjustment to the price
shall be valued at the appropriate prices included in the Contract or, in the absence of the same,
a fair valuation shall be made by Fortis Projekt.
7. Force majeure
If a force majeure event gives rise to a failure or delay in either party performing any
obligation under the Contract, that obligation will be suspended for the duration of the
force majeure event.
A party that becomes aware of a force majeure event which gives rise to, or which is likely
to give rise to, any failure or delay in that party performing any obligation under the
• promptly notify the other party; and
• inform the other party of the period for which it is estimated that such failure
or delay will continue.
A party whose performance of its obligations under the Contract is affected by a
force majeure event must take reasonable steps to mitigate the effects of it.
8. Term and termination
Each Contracting party has the right to terminate the Contract without stipulating specific
reasons. Termination has to be declared in the form of written notice sent to the other party.
In the event that either Contracting party continuously fails to fulfil its obligations under the
Contract and/or fails to remove the consequences of any infringement within 15 (in letters: fifteen)
business days from the receipt of written notice describing such infringement, other party may
terminate the Contract with a written notice having immediate effect.
Each Contracting party has the right to terminate the Contract with immediate effect in the event
of bankruptcy or liquidation proceedings opened against other party, as well as cases of insolvency,
blockade and over-indebtedness of the other party.
Termination of the Contract shall be notified to the other party by means written notification sent
via registered mail with the notice of receipt.
Without the express written consent of the other Contracting party to do otherwise,
confidential data may only be used for the purposes specified in Contract.
Contracting parties shall undertake all appropriate measures to protect the secrecy of and avoid
disclosure and unauthorized use of confidential information. Thereby, the Contracting parties shall
undertake the same measures and adopt the same safeguards having a degree of care no less than that
used in connection with its own confidential information.
Contracting parties agree that the obligation to maintain data confidentiality does not relate to
the following information:
• information that are already in the possession of the other party to the Contract and in
respect of which the confidentiality obligation does not exist;
• information that have at the time of conclusion of the Contract been made public, and for
which publication the other Contracting party is not responsible;
• which, at or after the conclusion of the Contract, must be published or submitted in
accordance with the applicable regulations or the decision of the competent state body.
The obligation to maintain data confidentiality set forth in this Article shall bind the parties
even after the expiration or termination of the Contract.
10. Applicable law and Jurisdiction
Contracting parties agree that the applicable law for the Contract is law of the Republic
Contracting parties agree to resolve all possible disputes amicably in accordance with the
provisions of the Contract, or in accordance with the laws and other applicable regulations
of the Republic of Croatia. If the parties cannot resolve the dispute by means of an agreement,
the parties hereby agree that the dispute shall be resolved before the competent court in Zagreb.
11. Final provisions
The Contract supersedes all prior oral or written agreements between the parties in respect
of the subject matter of the Contract. In case of disagreement between the main part of the Contract
and its schedules, the provisions of the main part of the Contract shall prevail.
Should any provision of the Contract be or become illegal, invalid or unenforceable, such illegality,
invalidity or unenforceability shall not affect the legality, validity or enforceability of any other
provision of the Contract. The Contracting parties, shall replace provisions of the Contract which have
been repealed or cannot be enforced as soon as possible, and shall instead agree on new provisions which
are in accordance with the purpose that the Contracting parties wanted to accomplish.
These Conditions shall be published on the website of Fortis Projekt. The Conditions shall take effect
on the day of publication.
Fortis Projekt reserves the right to change these Conditions, on which Client shall be notified in due
time on the website of Fortis Projekt or in other appropriate manner.
Download General terms and conditions (ver. 2020-08-20).