General Terms and Conditions
Of the HYDRAULICS s.r.o. company, Sehradice 217, CZ-763 23 Sehradice, Reg. No.: 18757537, VAT No.: CZ18757537, registered in the Business Register kept at the County Court in Brno, Part C, Insert 1246 (hereinafter seller).
Article 1
Basic provisions (General terms of trade)
These General Terms and Conditons adjust relationship between the seller and the purchaser in the area of sale. They are obligatory when selling any goods and services of the seller to the purchaser.
Article 2
Orders
The orders are accepted by means of e-mail, fax or post. The partial orders of the regular customers with a year-long order can be accepted by phone as well.
The order must include the following appurtenances:
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accurate identification of the purchaser (business name of the company)
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Reg. No. and VAT No. of the purchaser
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unique identification of the goods
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quantity of the goods ordered including the unit of measure
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address – purchaser´s registered place of business (if purchaser´s invoice address varies from the registered place of business it is necessary to specify both the addresses)
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contact person of the recipient of the goods (in relation to the purchaser) including the phone, fax, e-mail
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freight terms
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signature of purchaser´s authorized person of the purchaser and the stamp
The written order sent to the seller is legally binding. With sending the order by the purchaser to the seller, a contractual relationship is established and the purchaser confirms his approval with these General Terms and Coditions. The order is considered to be accepted since the moment when all the basic appurtenances above have been filled up. Since this moment, the period to execute this oreder starts running. The goods will be delivered to the purchaser in approved time according to the order. Additional ordering 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:
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a copy of the Trade Certificate or the Trade Licence
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a copy of the VAT Registration (at the VAT payers)
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an approval with the General Terms and Conditions before the first delivery of goods paid by means of cashless transfer
Article 3
Price terms
The price for the goods is negotiated as contractual. The price of a product or goods is net without VAT and from the warehouse of the seller EXW in compliance with INCONTERMS 2000. All rights to modify the prices are reserved by the seller.
Article 4
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:
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in advance based on a proforma invoice
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in cash / cash on delivery
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with cashless transfer – money transfer order (only at the registered customers of the seller
however, the amount of open receivables of the purchaser must not exceed the contractual limit and the receivables after due date must be covered by the purchaser).
When using cashless transfer by means of a bank, the debt of the 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 invioce has delayed a contractual fine of 0.1% from the unsettled amount per day of delay can be accounted to the purchaser.
As for new customers, the seller requires payment in cash or by means of a proforma invoice only.
Article 5
Price reductions
Reduction in the price can be provided to the contractual customers. Quantity discounts can be given to the other customer.
Article 6
Delivery terms and transportation
The order will be executed in the shortest period depending on the quantity of the orders already received. The delivery time can be enlongated when the purchaser change the order or when being in delay considering his settlements.
The goods is delivered in adequate manner packed, by means of an contractual transportation service, by mail or personally by seller´s staff for approved prices.
Article 7
Place of delivery and acceptance of the goods
As for taking over the goods, the place of delivery is seller´s warehouse. Seller´s obligation of delivery is fulfilled with taking over the goods to a common carrier or handing over to a post office. If the purchaser find out when taking over the goods from the carrier that the delivery is damaged and detriment to promisee in goods quality or loss of the goods could occur he will refuse the delivery or he is obliged to specify in detail the defects using a receiving report of the carrier and then to inform the seller on the defects found out in writing. Insuffiencies in the 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 destructions 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.
Article 8
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 the defect report, the customer will specify a subject of the warranty claim and a requirement applied together with alternative solutions to clear.
The warranty for the products is 12 month from the sell-by date if not defined otherwise. The customer have a right for customer service and free warranty service.
The products are accompanied with a Shipping documents and a Product quality certificate.
Article 9
Property right
The property right to the goods delivered goes over from the seller to the purchaser after the moment of putting down the relevant amount for this goods to the account of the seller or paying the purchase price in cash alternatively. Danger of damages moves on the purchaser after the moment of receiving the goods.
Article 10
Resolution of disputes
The contractual parties have decided according to the Act of arbitration procedure and arbitration awards execution No. 216/1994 Coll. as amended that all their disputes arised from the contracts going by these General Terms and Conditions or in connection therewith would be adjudicated within arbitration procedure in front of the only arbitrator in compliance with the Rules of arbitration procedure issued by the Union for arbitration and mediation procedures ČR, a.s., Reg. No.: 27166147 (hereinafter "Union") and published on websites www.urmr.cz and in addition, the arbitrator will be enrolled in the List of arbitrators managed by the Union on the date of accusation delivery and the contractual parties entrust the Union herewith expressly to specify the arbitrator for arbitration procedure in compliance with the Rules of arbitration procedure based on this arbitration clause. The contractual parties entrust the arbitrator specified this way herewith to adjudicate on all disputes in accordance with equitable doctrines. The contractual parties declare expressly that prior to the signature of the submission, they have had and have opportunity to get acquainted with the Rules of arbitration procedure as well as the Decree for arbitration procedure costs and so they have done and consider the documents mentioned as an integral part of this submission.
Acticle 11
Validity of the General Terms and Conditions
These General Terms and Conditions are effective since March 1, 2009 until new wording of the General Terms and Conditions. The current General Terms and Conditions are available on seller´s websites prodávajícího www.hydraulics.cz.
Ing. Jaromír Pilík, in his own hand
executive head
In Sehradice, on February 16, 2009
