Terms & Conditions
1 These pages (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) to you. Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
(Note: If the T&C are on one page then it will be 'This Page' instead of 'These Pages')
1-I Our products are sold on the basis of the following "TERMS AND CONDITIONS FOR THE SUPPLY OF PRODUCTS" only. They are fully included in each contract/agreement. All agreements or agreed deviations to our standard products are legally binding if they are agreed upon in writing by both the purchaser and seller.
1-II If the order is confirmed by the seller or any other documents exist which are mutually signed and relate to the order then our fullfillment and delivery of the order as stated in the documents are to be complied with in full.
2 Order conditions
2-I The Purchaser must order for the particular products to be delivered a minimum of 8 weeks before the products are required for shipment. If the Purchaser does not meet this deadline for the ordering of products the required delivery period will be modified and stipulated according to the Supplier´s possibilities.
2-II The Purchaser must make out an order for each deliver of goods. The Seller will confirm the order within 3 days after the order is received and will advise in more detail the quantity, the price, the delivery period and the methods of payment and shipment.
2-III The Purchaser is solely responsible for the correctness of the information supplied especially for the drawings, specifications, material specifications and quantity etc.
2-IV The technical drawings, documents and software programmes relating to the product remain the exclusive intellectual property of the „Seller“. All data and information supplied by the "Seller" may be used by the "Purchaser" only when permission is given explicitly in writing and can only be used for the purpose for which it was provided.
2-V In the case of non-standard products (custom made) the drawings and specifications must be agreed by both parties - "Seller" and "Purchaser" - in advance.
3 Delivery terms and conditions
3-I The „Seller“ agrees to deliver the goods in the quantities ordered and under the deliverys confirmed with the "Purchaser" according to the confirmed order.
3-II The person/s authorised to deal on behalf of the "Purchaser" must, according to Czech law No. 101/2000 Sb, provide identification in the form of a birth certificate, identity card or passport details.
3-III Goods are supplied Ex Works (EXW) Benesov, Czech Republic, other supply options must be accepted by the supplier in the binding order (own transportation, mode of transport, post etc.).
3-IV Delivery time starts with the acceptation of the order, once all paperwork including payment as well as important technical parts of the deal are done.
3-V Extensions of negotiated delivery time are accorded to supplier without any sanctions and without any legal claim for compensation for damage in the following cases:
- if we do not get information we require in order to fulfill obligations negotiated in the contract in time or if there is added information.
- if the purchaser, third party namely the subcontractor is overdue with the delivery, that are supposed to be delivered or with other obligations stated by the contract.
- if a subcontractor or a third party (namely our subcontractors) face obstacles or unpredictable events that cannot be diverted.
3-VI In case that supplier does not keep delivery time and exceeds extension of the negotiated delivery time, that needs to be stated, purchaser has the right to fully or partly back out of the contract if obligations in the contract are not fully complied. The responsibility for failure of use and any other damage caused by not respecting the delivery time and the quantity does not apply. In case of custom made articles (not daily production), purchaser is binded to accept the whole delivery even after exceeding delivery time.
3-VII Supplier is bound to give documents concerning certificate of quality and completeness of the product concerning the goods.
3-VIII In case, that purchaser does not collect his goods in time (negotiated in the contract), the supplier has the right to charge him 100 CZK a day for every day until the collect of goods.
4 Terms and conditions of payment and the ownership of goods
4-I Price is stated in the contract with the Czech law c. 526/1990 SB. about prices in form of latter regulations. Price is charged in pair A, which means that selling price and price for the transport is charged separately. Prices are marked without VAT and without cases protecting the goods during the transport. VAT is to be charged at the fulfilling at valid rates.
4-II Price is stated at the order, accepted by a supplier.
4-III Basic limit of payment of invoices for collected goods accounts 14 days from the issues production. This date is stated at the order and purchaser is obligated to respect it.
4-IV Concerning custom made articles, supplier negotiates payment on every single order individually.
4-V In case that purchaser does not respect limit of payment of invoices, next order can only be collected as an exchange for cash payment or in exchange for an advance payment. The order will be also accepted only after the payment of debt and after an eventual contract fine.
4-VI Until the final payment, goods remain in supplier’s ownership.
5 Responsibility for defects or the warranty period
5-I Reclamation of defects will be accomplished in a written form just after realizing the defect. The limit of reclamation is 10 working days after collection of the goods. This applies for defects concerning the visual, the quantity and the size. Reclamation always has to be in a written form. Following forms are accepted: fax, letter or email.
5-II Reclamation concerning hidden defects of goods, e.i. realized when constructing or when using the product, will be sent to the supplier in a written form and as soon as this effect is being realized. Supplier is obligated to repair those defect free of charge or to replace those articles for articles without defects the latest 30 days after receiving the complaint and he also covers all costs if the reclamation is justified. In case of reclamation that is not justified, in case that this defect would not display as expected, purchaser will be charged for verification of the product and that even if the defect has been caused by wrong manipulation, dirtiness coming from the hydraulic circuit by the user or by unauthorized intervention.
5-III Supplier only guarantees for his own products, which is stated in the following norms: DIN, ISO and SN and the appropriate technical conditions or following the order base and parts specified by the supplier.
5-IV Any claim of responsibility concerning these defects expires 12 months after the delivery of goods.
5-V Any obligation of guarantee expires if above-mentioned conditions or eventual other conditions that have been accepted in a written form are not respected without our written agreement.
5-VI Our responsibility is then excluded if defects have been caused by daily use, wrong maintenance, nonprofessional manipulation, high strain and by influence of a third party.
5-VII Both contract parties are responsible for defects caused within the frame of valid legal prescriptions and these conditions. Both parties are bind to do the best they can in order to prevent possible defect or to minimize already existing defects.
5-VIII None of the both parties is responsible for the defect that arise out of materially wrong or other wrong assignment that came from the second party or as a result of circumstances, excluding the responsibility in the line with §420 and §420a of civil law.
5-IX None of the contracting parties is responsible for delays caused by delay of obligations execution of the second contracting party.
6 Final statements
6-I All other relations between supplier and purchaser, as same as validation, interpretation and all other requirements arising from these conditions or those that are linked are managed by the Czech law.
Legal dispute arising from the contract, the order or in connection with mentioned above will be judged in accordance to Czech legal prescriptions. Agreement OSN dating from 1980 about international purchase of goods does not influence this contract.