Terms and conditions of sale
I. Subject-matter of the Contract
- The subject of purchase is strictly defined in a concluded purchase contract (confirmation of an order) and the Seller undertakes to deliver the subject of purchase including all documents pertaining to its acceptance and use at the latest on the day agreed in this purchase contract.
- The Buyer undertakes to accept the subject of purchase and to pay an agreed price for it.
II. Elements of tax document
- The Seller and the Buyer agreed that the invoice shall include all essential elements pursuant to Article 28 and consequential of Act No. 235/2004 Coll., on value added tax, as amended. The invoice is deemed to be delivered along with the subject of purchase, otherwise the Buyer is obliged to notify the Seller immediately of this fact.
III. Transport instructions, packages
- Transport instructions are a part of purchase contract.
- In the event of the use of returnable package (this shall be stated by the Seller in accompanying documentation of the business transaction), the package is permanently owned by the Seller; the Buyer is obliged to return this package to the Seller within 14 days from the date of acceptance of the subject of the Contract to company Poličské strojírny a.s.
- If the Buyer does not return an accepted package on this day, the Buyer undertakes to pay to the Seller the package in a full amount of cost price. Company Poličské strojírny a.s. fulfils the duty to assure return taking over and utilization of package waste in the way stipulating in the provisions of Article 13 par 1 letter c) of Act No. 477/2001 Coll., on packages. Company Poličské strojírny a.s. became involved in EKO-KOM Comprehensive Performance System under client number EK-F06030421
IV. Liability for defects, quality guarantee
- The Buyer is obliged to check the Goods in their acceptance. In the event of apparent defects due to transport by common carrier, the Buyer is obliged to object to these defects with the carrier. The Buyer is obliged to notify the carrier in writing of other apparent defects ascertained in acceptance of the Goods and to notify the Seller of these defects within 7 days from acceptance of the Goods at the latest. The Buyer is obliged to notify the Seller of other defects within 7 days from their ascertainment at the latest. The claims lodged later are not taken into account.
- The Seller provides to the Buyer guarantee for delivered Goods in the duration of 24 months from delivery date of the Goods to the Buyer for the products and articles of commerce of business groups PNEU and HEFA, the guarantee in the duration of 12 months from delivery date for the products and articles of commerce of business group ZAK and the guarantee in the duration of 6 months from delivery date for repairs and services. This guarantee is conditioned by the use of the subject of purchase in compliance with determined conditions. If the Buyer does not follow the instructions for assembly, transport or maintenance, the Buyer makes changes in the subject of purchase, replaces components or uses the materials that do not comply with original specifications, the Buyer can file claims for defects of the subject of purchase only if the Buyer proves that the defect was not caused by the above procedures, but it existed already before the above interventions of the Buyer. If the Buyer replaces the components by non-original ones or the Buyer uses the materials that do not comply with original specifications, the Buyer’s right to file claims arising out of the guarantee ceases to exist concerning all parts of the subject of purchase immediately related to these components or materials. Reasonable wear and tear of the subject of purchase, which relates to normal use, cannot be deemed defects of the subject of purchase.
- The claims shall be lodged in writing, they shall include identification of defective Goods and description of the defect, purchase contract number and quantity of defective pieces. At the Seller’s request, the Buyer is obliged to return to the Seller defective pieces for checking or to enable their check in another place. The Buyer is obliged to store and handle the Goods in compliance with the provisions of the relevant technical documentation; if this technical documentation for the Goods is not delivered, the Buyer is obliged to store and handle the Goods according to the nature of the Goods in the way preventing their damage or depreciation. In failure to fulfil this duty, possible claims for defective Goods will be not taken into account.
- The Seller shall eliminate the defects of the subject of purchase in the way that at his discretion the Seller will eliminate the defects, i.e. the Seller will repair the subject of purchase or he will deliver new components or the Seller will replace the whole subject of purchase. If the defects of the subject of purchase are not eliminated by new deliveries or repair, the Buyer can require purchase price discount or possibly the Buyer can withdraw the Contract. Replaced components pass to the Seller’s ownership and at request they shall be sent back to the Seller. If the Seller ascertains that this does not pertain to the defect under the guarantee, all costs (the cost of transport, testing and other cost) related to settlement of the claim will be charged to the Buyer.
V. Contractual penalties, compensation for damage
- In the event of the Buyer’s delay in acceptance of the subject of contract, the Buyer is obliged to pay to the Seller contractual penalty in the amount of 0.05% of the price for the Goods for each day of delay. The contractual penalty is due within 14 days from the date of the Seller’s call to pay. The payment of contractual penalty does not affect compensation for damage.
- In failure of the Buyer to take over the Goods in an agreed period or in another breach of the Buyer’s duties arising out of concluded purchase contract, the Buyer is obliged to compensate the Seller for provably incurred damage.
VI. Right of ownership and the risk of damage to the subject of purchase
- The right of ownership to the subject of purchase is transferred to the Buyer only upon full payment of purchase price to the Seller.
- The risk of damage to the subject of purchase passes to the Buyer at the moment of acceptance of the subject of purchase.
VII. Final provisions
- Legal regulations not regulated by this Contract follow legal order of the Czech Republic, in particular Act No. 89/2012 Coll., Civil Code, as amended.
- In the event of disputes arising out of concluded purchase contract, the Contracting parties, pursuant to Article 89a of Act No. 99/1963 Coll., agreed on local jurisdiction of the District Court in Svitavy; in jurisdiction in rem of regional courts the Contracting parties agreed on local jurisdiction of the Regional Court in Hradec Králové.
