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Preamble

The contracting parties are concluding these General Terms of Trade (thereinafter “GTT“) with the objective to determine reliable conditions for performing sales of products and services between the seller and the buyer so that the buyer is properly and fully satisfied in terms of the quality and on time delivery of products and services, and the seller receives the purchase price in full and on time.

The contracting parties take notice that these GTT do not set obligation for both parties to enter into a future contract. In the case the contracting parties enter into a contract, these GTT will be used as obligational relation. 

Article 1

Commencement of Purchase Contract

1.1. Product delivery is effected on base of written order by the buyer. The order can be sent by fax or e-mail. If required by the buyer, the order can be confirmed by the seller (via e-mail or fax).

1.2. The order always reflects seller´s offer of products and services. 

The order – contract of purchase proposal contains especially this essential information: identification datas of the buyer (name, head office, company identification number, tax identification number, telephone no., fax no., e-mail), name and type of the product (service), unit of capacity, contract price, terms of delivery and withdrawal type. The buyer is bound by his order for the period of 30 days from its delivery to the seller. By delivering the order to the seller, an individual contract of purchase is concluded between the contracting parties, if the seller does not cancel the contract within three days from the delivery of the order. 

1.3. The contract of purchase is concluded if there is an agreement on its entire content. Any suggested or required changes distinct from the presented order must be communicated to the buyer by the seller without delays. To specify the contract of purchase content, the contracting parties use suitable means of communication such as: fax, telephone and e-mail. If the seller confirms (during confirming the contract of purchase) smaller quantity than ordered, the contract of purchase is concluded for this reduced delivery.

1.4.Any changes to the contract of purchase can be made only in a form of written and mutually agreed supplements.

Article 2

Delivery Fulfilment

2.1. The delivery of products and services is fulfiled by signing the delivery note or completion certificate by the buyer and by accepting the goods. In the case of collect shipment or delivery service, on the shipping document there has to be a date of passing the consignment to the first carrier. 

2.2. To each delivery, the seller will attach documents which will enable the recipient of goods to check the fulfilment     (delivery notes or substituting documents with information on type, quantity and number of the contract of purchase connected with the delivery).

2.3. The seller is entitled to deliver the goods anytime during the term which is agreed in the contract for delivery of goods. The seller fulfils the delivery in agreed time if he passes the goods to be delivered to the place of destination to the carrier the last day of the agreed term. In the case the seller is not able to fulfil the agreed term of goods delivery, he will communicate this fact to the buyer without any delay. The contracting parties will immediately agree further procedure so that the buyer´s interests are endangered as little as possible. If the seller does not deliver the goods according to the contract of purchase (i.e. not fulfiling the date of delivery), the seller is obligated to pay the buyer a contractual interest of 0.1% from the total price of the goods not delivered for each day of delay.

2.4. If the buyer does not accept the goods within 14 days from the date of manufacturing, he will be invoiced a storage charge of 0.1% from the total price of the goods not collected for each day of delay. 

Article 3

Product Quality

3.1. Order – the contract of purchase proposal always assumes a delivery of goods corresponding to the usual and standard quality for the single kind of delivered goods.

3.2. The seller provides the buyer a guarantee for the delivered goods if it is determined by general binding legal regulation and it is provided in the length of time specified by this regulation.

Article 4

Purchase Price of Product

4.1. The purchase price becomes a binding agreement as per the contract of purchase. If it is not mentioned, the price is set according to the valid price list.

4.2. The right of ownership of the goods passes to the buyer at the moment of full payment of the goods purchase price.

Article 5

Terms of Payment, Invoicing

5.1. Settlement of the purchase price for the goods is carried out according to the valid payment terms agreed in the contract of purchase, otherwise the contracted purchase price is payable within 45 days from the goods delivery. 

5.2. If the buyer breaks his commitment to pay the seller the purchase price for the goods duly and in due time, he is obligated to pay the seller a contractual interest of 0.1% from the amount outstanding for each day of delay. This agreed contractual interest from delay does not effect the seller´s right for compensation in full extent. 

Article 6

Liability for Defects and Complaints

6.1. Liability for defects follows the relevant regulations of the Commercial Code as amended in later regulations and in these GTT.

6.2. The goods defects are enforced by the buyer in written form – by a letter of dispute. In this letter, the buyer gives the characteristics of the defects or how they prove, and he introduces his proposal how to settle the claim according to the relevant regulations of the Commercial Code.

6.3. The defects are enforced by the buyer without any delay after their detection. Evident defects of delivery (i.e. quantity) have to be reclaimed by the buyer immediately, other evident defects which could not be obvious during the goods delivery have to be reclaimed by the buyer within 15 days from receiving the delivery, otherwise the right of liability for defects expires.

6.4. The seller is entitled to review each complaint within 30 days from its receiving. In the statement, the seller will mention, among others, if he enforces his right for returning the goods by course of law § 438 of Commercial Code.

6.5. While receiving the goods, the buyer is obligated to check up whether the goods quantity is identical with that one stated in the delivery note. If the buyer finds out any discrepancies in quantity, evident damage or incompleteness of the delivery (evident defects), he is obligated to draw up a report about it with a representative of the seller or the carrier (according to the means of transport) and immediately during the reception of goods.

6.6. Legitimate claimed defects of less extent will be handled direcly on the base of demonstrably submitted letter of dispute.

6.7. In the case of evident deffects discovered during reception of goods, the means of proving is a letter of dispute confirmed by seller´s and buyer´s representatives, namely using seller´s own means of transport.

6.8. When using a carrier, the only way to prove evident defects of goods during reception of goods is a letter of dispute confirmed by representatives of the buyer and the carrier.

 Article 7

Packaging Management

7.1. The goods will be packed in such way so that they are protected as much as possible against damage and destruction. The seller is not responsible for any damages of the goods not resulting from his acitivities. Return taking and using of the packaging waste  is secured by paying a charge with identification no. EK-F06050269 at the company EKO-KOM, a.s.

Article 8

Concluding Provisions

8.1. The GTT are issued in duplicate and each contracting party will get one copy.

8.2. Other rights and duties of the contracting parties not specified in the contract of purchase or in these GTT will follow relevant legal regulations.

8.3. Compulsory attachments of these GTT are an extract from the Trade Register or buyer´s trade certificate, and certificate on VAT registration if the buyer is a VAT payer.

8.4. The seller reserves the right to inform the buyer about any changes in GTT via an e-mail which would be sent to an e-mail address or via fax number stated by the customer. If there is no statement from the buyer within 21 days from receiving the 

e-mail or the fax message, it will be understood as buyer´s approval of the changes suggested.