GENERAL TERMS AND CONDITIONS
THE COMPANY TUBOTECH spol. s r.o.
I. General Provisions
- 1. These general terms and conditions (hereinafter „GTC“) regulate the relations between the contracting parties of the purchase agreement, when on one side the company TUBOTECH spol. s r.o.,
ID number: 28307941, with registered office Brno, Cervene vrchy 714, ZIP code 664 62 registered in the commercial register maintained by the Regional court in Brno in section C insert 59995 as the seller (hereinafter „the seller“) and on the other side is the buyer and/or customer (hereinafter „the buyer“).
- 2. Legal relationships not regulated by these GTC are governed by civil code (hereinafter "CC") and Act no. 634/1992 Sb. about customer protection as amended.
- 3. The conclusion of the purchase contract confirms that the buyer agrees with these GTC and knows their content.
II. Conclusion of the purchase contract
- 1. The procedure for concluding a purchase contract is as follows. The buyers order is a purchase contract and is a binding confirmation of the order by the seller, delivered via e-mail to the buyer. From this moment, mutual rights and obligations are arising from the concluded purchase contract between the buyer and the seller.
- 2. The buyer places the order for goods in written form and sends it to the seller by e-mail according to the contact details listed in the header of these GTC. The order must contain the designation of the buyer and seller, the exact description of the goods according to the catalogue, quantity, the name and surname of the authorized person who placed the order on behalf of the buyer.
- 3. The seller reserves the right to cancel the order or its part before concluding the purchase contract, based on the agreement with the buyer, in the following cases:
a. Suspension or restriction of sales by the seller (e.g. goods are no longer manufactured or supplied) or
b. There has been a significant change in the price of the goods more than 10%.
- 4. In the event that the order is canceled according to paragraph II., item no. 3. and the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the purchase contract will not be concluded.
- 5. Verbal or written agreements, made before the conclusion of the contract become invalid if they are not included in the purchase contract or if they are not in accordance with these GTC.
III. Delivery terms, delivery times and force majeure
- 1. The buyer specifies the place of order delivery and the address of the recipient at the same time as the „Confirmation of the order“ (condition for possible reimbursement of expenses).
- 2. Any change of the destination address must be reported by the buyer to the seller without delay.
- 3. The buyer will ensure free and safe arrival for the means of transport and direction to the destination, especially if it is a construction site.
- 4. The buyer undertakes to form the provisions of point 1., 2. and 3. of Article III. of these GTC expressly a part of its contract with third parties, if necessary for the fulfillment of these obligations by the seller. In case of a violation of this point, the seller‘s obligation to deliver the goods is terminated. In addition, the buyer is obliged to pay the seller the expenses associated with transport. This does not affect the seller‘s claim for compensation for other incurred damage. If the buyer changes the specified dispositions after they have been settled, he covers all extra costs by himself.
- 5. The goods will be delivered by vehicles that provide transport on the basis of a contract with the seller or picked up by the buyer. Unless otherwise agreed in writing, the seller is entitled to select the transport and fully use its loading space.
- 6. If the transport of the goods is provided by the seller, the buyer is obliged to ensure that the freight can be unloaded without delay at the destination and that the vehicles can leave the place again; he is also obliged to ensure that the person authorized to take over the goods is present at the place of delivery. The authorized person determines the place of unloading, checks for the possible damages of the goods and signs the delivery note. Violation of these obligations entitles the seller to full or partial withdrawal from the contract and to claim compensation for damages, especially the costs incurred for transporting the goods.
- 7. If the transport of the goods will be provided by the buyer, the buyer undertakes to ensure that the technical equipment of the vehicle is suitable fot the transport of the freight.
- 8. The loading of goods and their transport must be carried out by professionally qualified persons. Taking delivery will be carried out at the seller during working hours within eight (8) working days after the notice receipt. If the carrier does not bring the vehicle to the seller properly, on time and the goods is not delaye, the buyer loses the right to timely delivery. It is therefore up to the buyer to instruct the carrier or the recipient of the goods about their obligations when loading or unloading the goods.
- 9. If the buyer is a company, the seller considers the legal and factual actions of persons who declare that they act as agents of the buyer (especially employees), submit credible documents, or they will provide information testifying about their competence. If the buyer refuses to take over the goods or causes delays of delivery of the goods by his actions, he is obliged to pay the seller the entire invoiced purchase price, full transport costs and to compensate the buyer for all the damage incurred.
- 10. A delivery note or invoice is issued and attached by the seller to each delivery of goods. The buyer is obliged to accept the properly delivered goods and to confirm the delivery with the signature of the authorized person on the delivery note. The buyer is obliged to hand over the delivery note confirmed in this way to the carrier and/or send it to the supplier.
- 11. The buyer agrees to provide his personal data (in particular the address, name, telephone and e-mail of the contact person) for transport and service purposes.
The seller and buyer agree on specific delivery dates in the purchase contact. If the delivery dates are not regulated by contract, the seller is obliged to deliver the goods to the buyer as soon as possible. In case of noncompliance with the contractually agreed delivery dates, the seller is obliged to notify the buyer in time and to inform him about the reason for the delayed delivery. In case of a delay in the delivery of the goods, the buyer shall determine in writting a rescheduling the delivery of the goods. After the expiration of the rescheduled date, the buyer is entitled to withdraw from the contact by means of a written statement. Other claims arising from withdrawal from the purchase contract are excluded, if permitted by law. If the seller is not responsible for the delay, he is entitled to deliver the goods after the barriers are eliminated.
The seller bears no responsibility for delays or interruptions in the delivery of goods caused by force majeure in the operation of the seller or one of its suppliers, or transporter. Force majeure means any unforeseeable exceptional situation or event beyond the control of the contracting parties that prevents either of them from fulfiling any of their obligations under the contract, was not caused by error or negligence on their part, and proves that it cannot be overcome even with all proper care.
IV. Purchase price
- 1. The purchase price of the goods is in conformity with the seller’s current price list (hereinafter „price list“). Upon request, the seller will send the buyer a valid price list of the goods in printed or electronic form.
- 2. Shipping costs and transport costs will be added to the price determined according to the previous paragraphs.
V. Due date
- 1. The seller sends the invoice in two copies to the buyer separately or together with the shipment. After receiving the invoice, the buyer is obliged to immediately check the purchase price on the document. Any objections to the amount of the purchase price must be made no later than three days after receiving the invoice.
- 2. The invoice could also serve as a delivery note. The buyer is obliged to sign the invoice – the delivery note and thus confirm the receipt of the goods, the buyer is obliged to return one signed copy of the invoice to the seller.
- 3. The purchase price is payable either in advance by wire transfer or by so-called cash on delivery to the carrier upon delivery of the goods. The seller is not obliged to deliver the goods to the buyer before the payment is made.
- 4. The form of payment is chosen by the buyer; if he chooses wire transfer payment, the seller will send him an advance invoice. In this case, the delivery of the goods are calculated from the date of crediting the entire amount, including VAT, transport and shipping costs to the seller‘s account.
VI. Liability for defects, warranty and complaints procedure
- 1. For settling the buyer’s rights with regards to defective goods, the provisions of § 2099 et seq. Act no. 89/2012 Sb., CC, as amended, is used.
- 2. The seller is responsible for defects of the sold goods at the moment of goods receipt and for quality defects that occur during the warranty period. During the warranty period, the seller commits that the goods will be suitable for use in usual way or that the goods will retain their standard properties for a certain period of time. The warranty period is stated on the invoice and/or in the warranty conditions.
- 3. The buyer is obliged to notify the seller in writing about the defects covered by the seller's quality warranty immediately after they appear. The notification of the defect (complaint) must contain the following documented information: exact description of the goods, description of defect, delivery note number and photo/video documentation. The buyer is obliged to ensure the preservation and separate storage of the goods until the complaint is settled. If the goods have already been used, the buyer will ensure the possibility of examining them at the place of use.
- 4. The seller is responsible for obvious and hidden defects that the goods have at the time they are transported to the buyer, that are detected in the delivered goods during the warranty period, and that were caused by the seller's breach of obligations. The buyer is obliged to pass on the seller's instructions for the installation and use of the product in full to its customers. If he does not do so and damage occurs as a result of his actions, then the seller is not responsible for damage caused as a result of non-compliance with the supplier's instructions by a third party. The buyer is obliged to conscientiously inspect the goods immediately upon delivery or receipt and have any obvious defects, especially damage, deficiencies, missing parts or incorrect quantities of goods, if it is not a partial delivery confirmed by the carrier on the transport documents. The buyer is obliged to notify the seller of these defects, deficiencies in the delivery without undue delay, otherwise his right to liability for defects will be terminated. Mechanical damage to the goods discovered when they are taken over from the carrier is resolved by the buyer with the carrier. The buyer is obliged to notify the seller without undue delay the detection of defects that could not be detected during an immediate, consistent and conscientious inspection at the moment of delivery. Complaints about product mix-up, quantity difference, incompleteness of delivery, deficiencies in packaging, incorrect data on the invoice/delivery note must be applied without undue delay after receipt of the goods. In case of a claim for a defect caused by transport to the buyer, it is necessary to write a damage report at the place of the accident in the presence of the carrier.
VII. Protection of personal data
- 1. Information about buyers is stored in accordance with the applicable laws of the Czech Republic, in particular with the Personal Data Protection Act No. 101/2000 Sb. as amended. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database, until the time of his written statement of disagreement with this processing.
- 2. The buyer has the right of access to his personal data, the right to correct it, including other legal rights to this data. Personal data can be removed from the database based on the buyer's written request. The buyer's personal data is fully protected against misuse. The seller does not transfer personal data to any other person. The exception is external carriers, to whom the personal data is transferred to the extent necessary for the proper delivery of goods.
- 3. Individual contracts are archived after their conclusion, in electronic form and are accessible only to the seller’s authorized employees.
- 4. The buyer provides his data voluntarily in connection with the conclusion of the purchase contract and the fulfillment resulting from this purchase contract and for the marketing purposes of the seller.
VIII. Final provisions
- 1. Unless otherwise agreed in the contract or in the GTC, the relevant provisions of Act No. 89/2012 Sb., CC, as amended, shall be used to determine the rights and obligations of the parties.
- 2. Contracts are drawn up in two copies, each of which has the validity of an original. After the conclusion of the contract, each contracting party will receive one copy.
- 3. Legal relations between the contracting parties are governed by Czech substantive law. For all claims arising from the contractual relationship and related claims from non-contractual relationships, the Czech general courts are competent according to the relevant procedural regulations.
- 4. The eventual invalidity of any provision of these GTC does not affect the validity of other provisions.
These General Terms and Conditions become effective on 1. 1. 2023.
THE COMPANY TUBOTECH spol. s r.o.