AB Jet spol. s r.o. Prague, Place of work Havlíčkův Brod
I. Introductory provisions
1. All business of AB Jet spol. s r.o. (hereinafter: supplier) is governed exclusively by the following terms and conditions, which are an integral part of all contracts, offers and confirmations of orders of the supplier.
2.These general terms and conditions govern the rights and obligations of the supplier and the customers.
3.These terms and conditions enter into force on the day of their publication on the website of AB Jet spol. s r.o. at the address: www.abjet.cz/en/terms-and-conditions-of-sale/
4.All relations between the Supplier and the Customer that are not regulated by these General Terms and Conditions are governed by the relevant provisions of the Commercial Code.
II. Scope of supplies of goods and work performance (works)
1. The scope of deliveries of goods or work of the supplier is determined by a written two-way contract, which may also be concluded in the form of:
a) written offers issued by the Supplier and confirmed in writing by the Customer
b) oral or written (also fax, and e-mail) orders of the Customer and confirmed in writing (accepted) by the Supplier.
2. Changes in the scope of deliveries or works must be made in writing.
3. Any arrangements contained in the previous correspondence between the parties or in the previous mutual proceedings shall become null and void at the time of conclusion of the contract pursuant to Article II (2). 1 of these General Terms and Conditions.
4. The order must contain at least:
a) identification data of the Customer, i.e. in particular name, company or business name, registered office, residence or place of business, identification number, birth number and tax identification number, contact to the Customer (telephone, fax, e-mail address), contact person authorized to act on behalf of the Customer.
b) Required scope of deliveries of goods or work.
c) The price of the required deliveries of goods or work, the payment method.
d) The delivery address of the goods (if this information is not provided, it is considered that the goods will be taken over by the customer at the supplier's plant).
e) The delivery term of the goods or work.
If the order does not contain the requisites under the previous provision, it is considered incomplete by the supplier and the supplier will try to contact the customer and announce him to make it more precise or complete.
- If the Supplier is unable to accept the order issued by the Customer, Supplier shall attempt to contact the Customer and inform of the reasons for which the order is not acceptable and to inform of the conditions under which the order would be acceptable. If the Customer complies with the conditions under which the Supplier is willing to accept the order, the Customer is obliged to issue a new order, in accordance with the conditions communicated by the Supplier.
III. Fundamental contractual rights and obligations
1. The Supplier undertakes to deliver the goods to the Customer according to his order and Article II, paragraph 1 of these General Terms and Conditions.
2. The Customer undertakes to pay the Supplier for the delivered goods or for the work performed in the amount specified in the contract concluded according to Art. II, paragraph 1 of these Terms and Conditions of the sale
IV. Prices and payment conditions
1. The price of the supply of goods or works shall be determined by the contract referred to Article II, paragraph 1.
2. The Supplier, as a payer of value added tax, is entitled to determine the price of the supply of goods or work VAT in the statutory amount.
3. Unless otherwise agreed, the prices are set at the business parity of EXW Supplier´s place of work – INCOTERMS 2000, without packaging.
4. The supplier is entitled to issue a tax document according to the delivered quantity of goods or work.
5. The Customer is obliged to pay the price based on a tax document (hereinafter referred to as the Invoice) issued by the Supplier. The due date is indicated on the invoice. In the case of cash payment, the due date is upon delivery of the goods or work.
6. The day of payment of the price is the day the funds are credited to the Supplier's account.
7. Failure to pay the contract by the Customer properly and on time is a serious breach of the contract.
8. The Supplier is entitled to request payment of a deposit of the price of the delivery of goods or work up to 80% of the price including VAT. For these purposes, he is obliged to issue a proforma invoice(s).
9. The method of payment is set out in the contract according to Article II, paragraph 1 of these Terms and Conditions. If this is not the case, the Customer is obliged to pay the price:
a) payment in cash upon delivery of goods or work
b) or subject to the Supplier's consent, cashless on the account of the Supplier, within the due date specified in the Supplier's invoice, but no later than 30 days from the date of issue of the invoice.
10. The Supplier is entitled to charge the Customer interest on late payment in the statutory amount in the case of a delay in payment of the invoice or proforma invoice. This does not affect other claims of the Supplier, including the claim for payment of a contractual penalty and a claim for damages.
11. The Customer is not entitled to withhold the price of the delivery of the goods or work, or its part. The Customer is not entitled to set off its claim against the Supplier's claim for payment of the price of the delivery of the goods or work.
12. The Supplier is entitled to refuse an order or suspend the delivery of goods or work to a Customer who is in delay with the fulfilment of its financial obligations to the Supplier.
V. Delivery time of the goods or work
1. The delivery period of the supplier's goods or work is determined by the confirmation of the order. A prerequisite for meeting the deadline is the timely delivery of all documents, timely clarification of technical issues, compliance with payment terms and other necessary cooperation or other obligations of the customer.
2. If these prerequisites are not met in time, then the deadline is reasonably extended, respectively, the supplier has the right to withdraw from the contract and the customer is obliged to pay the supplier the incurred costs.
3. The delivery deadline of the goods or work is consider as fulfilled if the goods or work are picked up within the delivery or process period, or the supplier announces that the delivery or work is ready for pick up. If the delivery is delayed due to reasons caused by the customer, then the deadline as fulfilled when notifying of readiness for pick up within the agreed period applies.
4. If the failure to comply with the deadline for deliveries of goods or work is demonstrably caused by unforeseeable circumstances, then the deadline is extended accordingly. If the deadline is subsequently changed, then the new delivery period applies. This may be extended for a period to make the necessary changes.
5. If the failure to comply with the deadline is caused by a reason other than one of those listed above, the Customer may – if it is credibly proved that it has suffered damage as a result of the delay – require payment of a contractual penalty for delay for each completed week of delay in the amount of 0.05% up to 5% of the total value of the part of the delivery of goods or work that was delivered or produced late, respectively, it could not be used effectively due to the delay in the production of the individual relevant objects.
6. The Customer may require a contractual penalty as compensation for delay, only for the period starting from the first day following the expiry of the deadline.
7. If the price or its part is paid based on proforma invoice issued after the contract agreement, the supplier is not obliged to perform until the full amount charged is paid to his account. During this period, Supplier is not in delay with the fulfillment.
VI. Transfer of risk
1. All risks pass to the Customer at the moment when the delivery of the goods was fulfilled, i.e. on the date of delivery of the supplier's call.
2. The risk of the owner also passes to the customer:
(a) in the case of the supply of goods or works to be packaged and transported by the supplier on the date of dispatch. Packaging must be done carefully. Upon the customer's request, the supplier shall arrange the dispatch.
b) if the pickup or sending of the delivery of goods or work is delayed at the customer's request, on the day of delivery of the customer's request for a delay in picking up or sending the goods or work.
VII. Acceptance of the delivery of goods or work
1. The delivery of the goods or work will be taken over by the customer even if it shows insignificant defects.
2. Acceptance of the delivery of goods and work will be confirmed to the Supplier in writing by the Customer.
3. Partial and early deliveries are possible.
VIII. Liability for defects and warranty
1. The Supplier provides the Customer with a guarantee for the work performed for 6 months.
2. The Supplier is not responsible for defects in the delivery of goods or work that have arisen as a result of the delivery of poor-quality material by the Customer.
3. Liability for defects in the delivered goods or work is governed by the provisions of the Commercial or Civil Code.
4. The Supplier shall be exempt from liability if the Customer does not assert its claim for defects in the delivered goods or work without undue delay after discovering them, but no later than within the following periods:
a) obvious defects of the delivered goods or work upon its acceptance immediately and defects in the quantity of goods within 7 days of receipt of the goods.
b) other defects of the delivered goods or work no later than 30 days from the receipt of the delivery of the goods or work.
5. The Customer is obliged to make a notification of defects in the delivered goods and work in writing. The complaint must include documents on the justification of the application of defects in the delivered goods or work.
6. A prerequisite for the settlement of the complaint by the Supplier is that the customer has fulfilled all obligations, including the agreed payment terms according to the order confirmation.
7. To remedy the defects, the Customer will provide the Supplier with the opportunity and the necessary time. If the Customer fails to meet this condition, he loses the right to claim warranties for defects and complaints and the warranty in this case expires. The Customer may not dispose of the goods to which the complaint relates after the complaint is made until the end of the complaint procedure without the Supplier's consent, otherwise the warranty expires.
8. If the deadline set by the Supplier for settling the complaint expires without remedying the deficiencies, the next procedure will be mutually agreed.
9. The warranty does not apply to natural wear, as well as to damage caused after the date of transfer of risk by unprofessional or negligent handling, exaggerated requirements, inappropriate means of operation, defective construction work, unsuitable foundation soil or such chemical, electrical influences as are not foreseen in the contract.
10. In the case of intervention by the Customer or a third party with unprofessional interventions or modification work, the Customer loses the warranty claims and bears the consequences resulting therefrom.
11. The Supplier undertakes, if it recognizes the legitimacy of the complaint:
a) remove the defects found within three months of the claim if the defects are removable,
b) deliver the missing goods or parts of the work within six months from the claim announcement,
c) provide a discount on the price of the delivery of goods or work within three months of the claim if the defect is irreparable.
Withdrawal from the contract due to irreparable defects in the delivery of goods or work is possible only after mutual agreement between Supplier and Customer.
12. The warranty period is extended by the period starting from the date of the complaint by the customer until the day of settlement of the complaint in the manner specified in this article.
XI. Amendment of the contract, withdrawal
1. Amendment of the contract in accordance with Article II(1) of these conditions is possible only in the manner specified in Article II, paragraph 1 of these Terms.
2. The Supplier is entitled to withdraw from the Contract, except in the cases specified in these Terms and Conditions, due to the Customer's delay in fulfilling its obligation to pay the price of the delivery of the goods or work for a period longer than 10 days from the due date.
3. The Customer is entitled to withdraw from this Contract, except in the cases specified in these Terms and Conditions, due to the Supplier's delay in fulfilling its obligation to deliver the goods or work to the Customer on time for a period longer than 10 days from the date of the end of the period of delivery of the goods or work.
X. Penalties and contractual penalties
1. The Supplier is entitled to charge the Customer a contractual penalty of 0.01% for each day of delay with the payment of the invoice or proforma invoice. This is without impact to other claims of the Supplier, including the claim for payment of a contractual penalty and a claim for damages.
XI. Other rights and obligations
1. Unless otherwise agreed, the Supplier is obliged to return the remnants of the Customer's processed material that the Supplier used to make the work.
2. Unless otherwise agreed, the Supplier is not obliged to return the project documentation (drawing documentation) to the Customer and is obliged to shred it.
3. The Customer is obliged to notify the Supplier of the fact that the material supplied by him for the implementation of the work contains substances or properties dangerous to human health, that the material contains dangerous substances. Customer is also obliged to notify the Supplier of special instructions for extinguishing, for handling and storage and for the removal of substances or their residues. In the case of hazardous substances, the Customer is obliged to explicitly notify the Supplier of this fact and to submit to him without request the safety data sheets of these materials.
XII. Final provisions
1. These General Terms and Conditions came into effect on 21.9.2006.
2. These General Terms and Conditions become an integral part of the contract related to Article II paragraph 1 of these Terms. In the case that this contract between the contracting parties, i.e. between the Supplier and the Customer, deviates in its content from the content of these General Terms and Conditions, the provisions of the contract shall prevail over the deviating arrangements contained in these General Terms and Conditions.