General terms and conditions
General Terms and Conditions
of the HYDRAULICS s.r.o. company, Slopné 201, 763 23 Slopné, Czech Republic, Reg. No.: 18757537, VAT No.: CZ18757537, registered in the Business Register kept at the County Court in Brno, Part C, Insert 1246 (hereinafter seller).
Basic provisions (General terms of trade)
These General Terms and Conditions adjust relationship between the seller and the purchaser in the area of the sale. They are obligatory when selling any goods and services of the seller to the purchaser.
Different or contradictory General Terms and Conditions of the purchaser are not accepted.
Orders are accepted by means of e-mail, fax or post. Partial orders of regular customers with a year-long order can be accepted by phone as well.
The order must include following appurtenances:
- accurate identification of the purchaser (business name of the company)
- Reg. No., VAT No. of the purchaser
- unique identification of the goods
- quantity of the ordered goods including the unit of measure
- address - registered place of business (if the invoice address of the purchaser varies from the registered place of business, it is necessary to specify both addresses)
- a contact person of the recipient of the goods (in relation to the purchaser) including the phone, e-mail
- transport conditions
- signature of an authorized person of the purchaser and the stamp
The written order sent to the seller is legally binding. Once the purchaser sends an order to the seller, a contractual relationship is established and the purchaser confirms his approval with these General Terms and Conditions. The period to execute the order begins to run as soon as the order has been confirmed. The goods will be delivered to the purchaser in agreed time according to the order confirmation. Dispatch of the goods begins only if the seller has received order confirmation approved and signed by buyer. This condition applies for orders with value more than 20.000 CZK excluding VAT. Additional ordering of the goods within the existing order is possible until the order is closed. Otherwise it is necessary to submit a new order.
As for the contractual partners, before the first delivery, the seller requires the following:
- a copy of the VAT registration (at the VAT payers)
- an approval with the Generals Terms and Conditions
The price for the goods is negotiated as contractual. The price of a product or goods is price without VAT (from the seller's warehouse EXW in compliance with INCONTERMS 2010.
The current rate of value added tax as of the date of delivery will be calculated and added to the price.
All rights to modify prices are reserved by the seller.
Terms of payment, contractual fine
For delivery of the goods in accordance with the order, the purchaser will pay the purchase price to the seller.
The purchase price for delivery of the goods in accordance with the order can be covered:
- in advance based on a proforma invoice
- in cash / credit card / cash on delivery
- cashless - money transfer (only at registered customers, nevertheless, the amount of open receivables of the purchaser must not exceed the contractual limit and the receivables after due date must be settled by the purchaser).
When using cashless transfer by means of a bank, the debt of purchaser is covered on time if the relevant amount is deposited to the seller's bank account on the due date at latest. If the payment of an invoice has been delayed, a contractual fine of 0.15% of the outstanding amount per day of delay and charge delay at the legal rate can be charged to the purchaser.
Seller requires payment by means of proforma invoice or cash for new customers.
Reduction in price can be provided to contracting customers. Quantity discounts can be given to other customers.
Delivery terms and transportation
The delivery time can be extended when the purchaser changes the order or if is in delay considering his commitments.
Goods can be deliverd via contract carrier or by post.
Place of delivery and acceptance of the goods
As for taking over the goods, the place of delivery is the seller's warehouse. Seller's obligation of delivery is fulfilled with taking over the goods to a common carrier or handing over to the post office. If the purchaser finds out, when taking over the goods from the carrier, that the delivery is damaged and there could be a detriment in the goods quality, he is obliged to specify in detail the defects using a receiving report of the carrier and then to inform the seller about defects found out in writing. Insufficiencies in documents or in the quantity of the goods that can be found out only after receiving the goods from the carrier (missing goods, extra goods, confusion goods, incorrect prices, etc.) must be announced to the seller, however, at latest within 5 working days after receiving the delivery. After expiring this period the seller is not responsible for these mistakes found out in the delivery.
Danger of accidental destruction or damages of the subject of purchase goes over to the purchaser at a moment after receiving the goods from the seller or the carrier.
Warranty for defects, customer service
The warranty claim is necessary to apply using a defect report sent to the seller at latest within 5 days after receiving the delivery if there are defects related to quantity or quality. In defect report, the customer will specify a subject of the warranty claim and a requirement applied together with alternative solution.
The warranty for products is 12 months from the sell-by date if not notified otherwise. The customer has a right to customer service and free warranty service.
Products are accompanied with shipping documents and a Product quality certificate.
The property right to delivered goods passes from the seller to the purchaser after full payment of the purchase.
Resolution of disputes
Parties have, in accordance with the Czech Act No. 216/1994 Col., agreed, that any and all disputes that will arise from this obligation relatioinship or in connection with it shall be arbitrated in arbitral proceedings ("AP") by a sole arbitrator ad hoc. Parties explicitly authorize the Chairman of the Board of Directors of the company Unie pro rozhodčí a mediační řízení ČR, a.s., ID No. (IČ): 27166147 ("Union") to appoint the arbitrator for the AP and authorize him to authorize a third person to appoint the arbitrator on his behalf. Parties explicitly authorize the arbitrator to determine the price of the AP and have agreed that the AP will be carried out for the price that is published on www.urmr.cz by the potential arbitrator in the moment of the motion filing. The price of the AP will be increased by one half in case of an AP with international element, in case of AP with more than two participants the price increases by one fifth for third and any other participant. Counterclaim and set-off in the entire amount shall be charged in the same manner. Discontinuation of the AP does not have any effect on the arbitrator's right to the payment of the price of the AP, price of the AP already paid shall not be refunded. The arbitrator is authorized by the parties to carry out the AP in Czech language, as written proceedings i.e. without ordering and oral hearing, to decide on the basis of the principles of equity, to issue a decision without reasoning. Parties agree that the the arbitrator can authorize third persons to carry out administrative and economic activities and release him from secrecy in this extent. Parties have agreed that the Chairman of the Supervisory Board of the Union shall decide about removal of the arbitrator, that the price of the AP is the cost of the AP, that all papers can be delivered to them to addresses mentioned in documents containing the arbitration contract and that the AP provisions of the Czech Code of Civil Procedure shall be adequately applied in regard to the delivery manner; deposition at the court shall be replaced with the deposition by the arbitrator and the publication on the official notice board shall be substituted with the publication on www.urmr.cz.
Validity of the General Terms and Conditions
These General Terms and Conditions are effective since January 11th, 2018 up until new issue of the General Terms and Conditions. the current General Terms and Conditions are available on seller's website www.hydraulics.eu.
Ing. Daneš Janík, in his own hand
In Slopné, January 11th, 2018