The purchase contracts between the participants will be concluded on the basis of orders sent to the Seller in writing, by fax or by e-mail. Besides the statutory body of the purchaser, an employee of the purchaser authorized to purchase is authorized to sign individual orders. The Buyer is obliged to specify the required quantity and delivery date in the order.
The price of goods and its maturity
- The purchase price of the goods is governed by an agreement of the parties and can be paid in advance with a proforma invoice, or in cash or cash on delivery, or it is payable after the delivery of the goods on the basis of an invoice issued by the Seller with a default maturity of 14 days from the date of the taxable transaction, unless agreed otherwise. In the event of a delay in the payment of the goods, the Purchaser is obliged to pay the Seller a contractual penalty of 0.05% of the amount outstanding for each day of delay until payment. The day of fulfilment of the financial obligation is consideration the date on which the invoiced amount is credited to the Seller's account.
- The Buyer buys goods at prices agreed upon with the Seller, or he/she concludes a framework purchase contract with the Seller on the price, bonuses, discounts and payment terms, which the contracting parties shall always conclude for a period of one year.
- In the case of new customers, a cash payment or advance payment is required for the first purchase.
Characteristics of the goods
- The quality and design of the goods are governed by the agreement in the sales contract and must be packaged in the manner specified in the sales contract. If the quality or design of the goods has not been agreed upon, the Seller is obliged to deliver the goods of a quality and design suitable for the purpose determined, and if purpose has not been determined, the goods must be delivered in a quality and design suitable for the purpose for which such goods are normally used.
- If the manner in which the goods are to be packaged or secured for carriage has not been agreed upon, the Seller is obliged to package or secure the goods for carriage in the manner customary for such goods in business relations or in a manner necessary for the preservation and protection of the goods.
- Any claim must be delivered to the Seller in writing by the Buyer, and the defects in the goods claimed must be clearly specified therein. In the event of damage to the original packaging of the Seller, the Buyer shall be obliged to immediately record this fact in the transport document with the representative of the transport company. In this case, it is necessary report the claim within the next business day following the receipt of the goods.
In the case of hidden defects in goods that have been handed over to the Buyer in undamaged packaging by the Seller, it is necessary to claim the defects in the goods within thirty working days of delivery of the goods by the Seller, which must likewise be in writing while providing evidence for the defects in the goods delivered.
- If the Buyer claims the goods in the agreed manner, the Seller is obliged to inform him/her whether the claim is acknowledged and in what manner the Seller intends to settle the claim. Complaints must be processed within 30 working days from the day on which they are sent.
The transport of goods and the transfer of risk and ownership
- The mode of transport used to deliver goods will always be determined by a mutual agreement of the Parties. The place of performance is the place specified by the Buyer in the order. The Seller shall send the goods to the Buyer through his/her own transport or through a contracted transport at his own expense if the transport is in the Czech Republic and the value of the order exceeds 5,000,- CZK without VAT. The Buyer shall cover the transport costs in order with a lower value.
- If the goods are transported by the Seller, the ownership to the goods and the risk of damage thereto shall be transferred to the Buyer upon the receipt of the goods from the carrier at the place specified by the Buyer in the order. If the goods are transported by the Buyer, the ownership title to the goods and the risk of damage thereto shall be transferred to the Buyer upon the take-over of the goods by the first carrier, but in a case when the goods are transported abroad, the ownership title to the goods shall be transferred to the Buyer only after the goods cross the state border of the Czech Republic.
- If the goods are sent to the customer on EURO pallets, these pallets must be returned immediately upon the delivery of the goods, i.e. exchanged by the Buyer via the carrier. If the Buyer does not do so, the Seller is entitled to charge the Buyer a fee of CZK 250 excluding VAT, for which an invoice will be issued thereto. If the Buyer returns the aforementioned EURO pallet within 6 months of the date of its return, this fee will be repaid to the Buyer with a credit note.
The legal relations arising from the purchase contract are governed by the applicable laws of the Czech Republic, in particular the relevant provisions of Act no. 89/2012 Coll., Civil Code. For the event of a dispute, the parties have agreed upon the jurisdiction of the territorially and materially competent court of the Seller.