Dear customers, due to maintenance, we are currently not accepting orders for laser cutting of profiles and tubes. Thank you for your understanding.
Preamble
The contractual parties enter into these General Terms and Conditions (hereinafter referred to as “GTC”) with the aim of establishing reliable terms for the sale of products and services between the Seller and the Buyer, ensuring that the Buyer is fully and properly satisfied in terms of quality and timely delivery of products and services, and that the Seller receives the full purchase price in a timely manner.
The parties acknowledge that these GTC do not create an obligation for either party to conclude a future contract. If a purchase contract is concluded, these GTC shall apply to the contractual relationship.
Formation of the Purchase Contract
1.1. The delivery of goods is based on a written purchase order from the Buyer, which may be sent by fax or email. Upon request, the Seller shall confirm the order (by email or fax).
1.2. The order shall be based on the Seller’s current offer of products and services and must include the following essential elements: Buyer’s identification details (company name, registered office, ID, VAT number, telephone, fax, email), product/service designation, ordered quantity, agreed price, delivery time, and method of collection. The order constitutes a proposal to conclude a purchase contract and is binding on the Buyer for 30 days from receipt by the Seller. Unless the Seller rejects the order within 3 days of its receipt, a purchase contract is concluded.
1.3. The purchase contract is concluded once the entire content is agreed upon. Any proposed or required changes to the submitted order must be communicated by the Seller without undue delay. The parties may use appropriate means of communication (fax, telephone, email) to clarify the contract content. If the Seller confirms a smaller quantity than originally ordered, the purchase contract is formed for the confirmed quantity.
1.4. Changes to the purchase contract are only valid in the form of mutually agreed written amendments.
Fulfillment of Delivery
2.1. Delivery is deemed completed upon the Buyer’s signature on the delivery note or handover protocol. For shipments by cash on delivery or courier service, the delivery date to the first carrier shall be indicated on the accompanying document.
2.2. The Seller shall include documents with each delivery enabling the recipient to verify the performance (delivery note or equivalent document specifying product type, quantity, and related purchase contract number).
2.3. The Seller is entitled to deliver the goods at any time within the agreed delivery period. Delivery is considered timely if the goods are handed over to the carrier on the last day of the agreed period. If the Seller cannot meet the delivery date, they shall inform the Buyer without delay and agree on further steps to minimize the Buyer’s inconvenience.
2.4. If the Buyer fails to collect the goods within 14 days of the agreed delivery date, a storage fee of 0.1% of the value of the uncollected goods per day will be charged.
Product Quality
3.1. The order assumes the delivery of goods of standard quality appropriate for the type of goods delivered.
3.2. The Seller provides a warranty for delivered goods where required by applicable law and for the duration prescribed by such legislation.
Purchase Price
4.1. The purchase price becomes binding as agreed in the purchase contract. If not specified, the price shall be determined according to the valid price list.
4.2. Ownership of the goods passes to the Buyer only upon full payment of the purchase price.
Payment Terms and Invoicing
5.1. Payment shall be made according to the payment terms agreed in the purchase contract. If no such terms are agreed, the purchase price is due within 14 days from delivery. For companies with lower turnover, payment must be made in cash or cash on delivery.
5.2. If the Buyer fails to pay properly or on time, the Seller is entitled to charge contractual interest of 0.1% per day on the outstanding amount. This does not affect the Seller’s right to claim full compensation for damages.
Liability for Defects and Complaints
6.1. The Seller’s liability for defects is governed by the applicable provisions of the Commercial Code and these GTC.
6.2. The Buyer shall file complaints in writing using a complaint form, stating the nature of the defect(s), how they manifest, and their proposed resolution in accordance with the Commercial Code.
6.3. Complaints must be submitted without undue delay upon discovering the defect. Obvious defects (e.g., quantity discrepancies) must be reported immediately, and other apparent defects not detectable upon delivery must be reported within 15 days of receipt, otherwise the right to claim such defects expires.
6.4. The Seller shall respond to each complaint within 30 days of receipt and indicate whether they require the return of the goods under Section 438 of the Commercial Code.
6.5. Upon receipt, the Buyer must verify the quantity of goods stated in the delivery note. Any discrepancies or damage must be recorded immediately with the Seller’s or carrier’s representative.
6.6. Minor justified claims may be resolved based on a properly completed complaint form.
6.7. In the case of visible defects during acceptance with the Seller’s own transport, the complaint form signed by both parties shall serve as proof.
6.8. In the case of third-party transport, the complaint form signed by the Buyer and the carrier shall serve as proof of defect.
Packaging and Waste Management
7.1. The goods will be packaged to ensure maximum protection against damage. The Seller is not liable for damage unrelated to their actions. Packaging waste recovery is ensured via fee payment under registration number EK-F06050269 with EKO-KOM, a.s.
Final Provisions
8.1. These GTC are drawn up in two identical copies, with each party receiving one.
8.2. Rights and obligations not governed by the purchase contract or these GTC are subject to applicable legal regulations.
8.3. A mandatory attachment to the GTC is a copy of the Buyer’s commercial register entry or trade license, and VAT registration certificate if applicable.
8.4. The Seller reserves the right to notify the Buyer of changes to the GTC by email or fax sent to the Buyer’s registered contact. If no response is received within 21 days, the proposed changes shall be deemed accepted.