General terms and conditions of Lugafo s.r.o., Czech Republic (05.10.2018)
1. Registered office 1.1. K Pešti 664/4, 789 83 Loštice, Czech Republic, Identification Number: 64086429, registered in the Commercial Register at the Regional Court in Ostrava, Section C, Insert 13551. Represented by Luděk Volek.
2. Validity 2.1. All deliveries and other services provided by us and all payments received will be governed solely by these General Terms and Conditions and in matters not governed by the laws of the Czech Republic. If any terms and conditions of the ordering party differ from these General Terms and Conditions, these different terms and conditions will only be binding on us if we expressly acknowledge them by letter or fax. 2.2. The ordering party confirms its agreement to our General Terms and Conditions after reading. 2.3. The wording of the Terms and Conditions may be amended or supplemented by our company. This provision shall be without prejudice to the rights and obligations arising during the period of validity of the previous wording of the terms and conditions.
3. Offers 3.1. Our offers are non-binding and subject to change. Drawings, illustrations, samples and other documents attached to tenders are only informative. Our company has the right to make changes to the offers already issued and in the relevant documents for technical reasons. 3.2. We reserve ownership and copyright rights to all quotations, drawings, illustrations and other documents.
4. Orders 4.1. The order or any additional information or any changes to the order must be made in writing (email, fax, post office), otherwise they will not be taken into account.
5. Payment terms 5.1. Payment terms will always comply with a binding order, unless otherwise specified. 5.2. If any change occurs when processing an order by the Customer, the ordering party shall bear the resulting additional costs: when the general order is cancelled, the seller has the right to keep 10% of the sale price. When cancelling a specific order, the seller has the right to keep 50% of the sale price 5.3. Invoiced goods remain the property of Lugafo s.r.o. until the invoiced amount is fully repaid. 5.4. In the event of an overdue period exceeded, our company will have the right to charge interest on late payment according to the relevant base rate and contractual penalties declared by the Czech National Bank. 5.5. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods in the agreed amount. Unless otherwise stated, the purchase price and the costs associated with the supply of the goods shall also be understood. 5.6. It is not permissible for the Client to compensate for payments against his claims to us, unless this has been confirmed in writing by our company.
6. EET (Electronic Sales Records) 6.6.Under the Sales Records Act j (e) the seller is obliged to issue a receipt to the buyer. At the same time, it is obliged to register the received revenue with the tax administrator online, in the event of a technical failure no later than 48 hours.
7. Transport and delivery 7.1. Delivery times are always given and in accordance with the binding order, unless agreed and confirmed in writing by another time limit. 7.2. Deadlines for the supply of goods and services shall be extended by the duration of unforeseeable obstacles, such as strikes, including illegal, weather and natural elements, personnel failures, delayed supplies of important components from our suppliers, for late delivery documents ordered by the party needed to execute the order or for the late payment of the advance invoice if agreed. Such obstacles can nullify the consequences of non-compliance for which we would otherwise be responsible. 7.3. In cases where our company provides transport, we decide the method and route of transport. The goods are always transported at the expense of the ordering party, unless otherwise agreed. 7.4. In the event of a delay in transport by the circumstances given by the Client, it shall bear all the costs incurred by him. 7.5. If our company is obliged under the purchase contract to deliver the goods to the place specified by the ordering party in the order, the buyer is obliged to take over the goods upon delivery. 7.6. Where the mode of transport is contracted on the basis of a specific requirement by the client, it shall thus bear the risk and any additional costs associated with this mode of transport. 7.7. When transporting oversized goods, unless otherwise agreed, the transport will be charged according to the carrier’s tariff. 7.8. For services provided under work contracts, the ordering party will provide us with the necessary equipment and energy (electricity, electric trucks, lifting platforms, etc.) required to do so. Furthermore, our company will not be responsible for the auxiliary personnel, equipment and auxiliary materials that will be made available to us unless there is an apparent intention on our part.
8. Transfer of liability 8.1. Liability will go to the ordering party as soon as the goods are delivered or as soon as the goods on which we perform maintenance, repair or other work leave our premises/warehouse. If maintenance, repairs or other work is carried out in the ordering party object, it will assume this responsibility as soon as it receives a notification from us that the work has been completed.
9. Title law 9.1. We will retain ownership of the delivered goods until our claims for payment of the purchase price are fully satisfied. 9.2. The ordering party will be able to sell the delivered goods only in the context of the usual business operations of his company or with our explicit consent. 9.3. If enforcement, confiscation or other disposition occurs by a third party, the ordering party shall inform us immediately. Our statutory expenses incurred in connection with the enforcement of our claim shall be beared by the ordering party. The ordering party transfers to us on the first day that its payment obligation related to the goods/services delivered will be overdue, its claims and other rights from resale, lease of the goods/services concerned. If the delivered goods are sold to a third party, claims for claims will be transferred only up to the amount of the purchase price owed to us. This does not affect our claims for further compensation. The transfer of the above claims and other rights back to the ordering party shall take place on the date of payment of the payment obligations of the ordering party in connection with the goods/service ordered. 9.4. The ordering party shall, at our request, inform the relevant debtors of such transfer without undue delay . 9.5. If the ordering party acts in violation of these General Terms and Conditions, we will have the right, at its own discretion, to withdraw from the contract without providing an extension or removing the goods back or prohibiting its use.
10. Complaints 10.1. The ordering party must inspect the delivered goods or services immediately upon receipt. Any defects must be notified to us in writing as soon as they are discovered by post, fax, email and the attachment must be a confirmed order, delivery notes, invoice. The notification must include defects, details of damage, circumstances in which the defects / damage occurred, any photos of damage, etc. If the ordering party does not submit the above information within three days (unless otherwise agreed in writing) from the delivery of goods / services for further claims it will no longer be considered. 10.2. When performing repairs and maintenance, our warranty is limited to the work performed, and replacement of the item or parts of the item will not extend the warranty period. 10.3. We guarantee the accuracy of our processing instructions, operating and operating instructions and advice provided to customers, but the customer is solely responsible for complying with legal and other regulations when using the supplied equipment and verifying its intended use. However, we only warrant information that deviates from our written processing instructions and our operating and operating instructions if we have expressly and in writing confirmed it to the customer by fax or e-mail. 10.4. Unless stated otherwise, the warranty period is 24 months. 10.5. The warranty will be provided, after examination of all circumstances and at our discretion, within a reasonable period of at least 4 weeks, either by replacing the defective goods or defective parts with defective goods or defective parts, or repairing the defect (s) or giving the ordering party a reasonable discount. 10.6. In the event of assertion of warranty claims by the ordering party, this right has no right to suspend outstanding payments.
11. Protection of personal data 11.1. The Customer agrees that Lugafo sro, its subsidiaries and possibly an authorized service provider may acquire, process and use its personal data (name and address, e-mail addresses, telephone number) for the purpose of processing and transferring information on products, services and commercial communications, eg by post, email, etc. This consent may be withdrawn at any time in writing.
12 Final regulations 12.1. Any disputes arising from these General Terms and Conditions shall be settled by general courts. 12.2. If any regulations of the Terms and Conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.