GENERAL BUSINESS AND COMPLAINTS CONDITIONS ASIO TECH, spol. s r.o.

GENERAL BUSINESS AND COMPLAINTS CONDITIONS ASIO TECH, spol. s r.o. – valid from 1.1.2022

in accordance with the provisions of §1751 of Act no. No. 89/2012 Coll., Civil Code

 

A) GENERAL TERMS AND CONDITIONS

I. INTRODUCTORY PROVISIONS

1. The parties to the contract are obliged to convince themselves of the identity of the other party that its designation in the title of the contract corresponds to the current entry in the commercial or other register, to verify the identity and proper authorization of persons acting on behalf of the other party ensure that these data are not affected by changes already made but not yet registered in the Commercial Register. At the same time, they are obliged to assure each other that the conclusion of this contract is in accordance with the rules prescribed or internally established by law, as well as in the full interest of the contracting parties represented by them.

2. These General Terms and Conditions of Business and Complaints ("GTC") govern the mutual rights and obligations of the parties in connection with or on the basis of work contracts, purchase contracts, service contracts and other similar types of contracts between ASIO TECH, spol. s r.o., which acts as the seller or contractor (hereinafter referred to as the "contractor") and on the other hand acts as the buyer or the customer (hereinafter referred to as the "customer"). The GTC exclude the application of any business conditions of the customer, unless the contractor has given prior written consent to the application of business conditions of the other contracting party.

 

3. In accordance with the provisions of §1751 of Act no. No. 89/2012, Civil Code, these GTC are part of the contracts if they were attached to the contract, or as a hypertext link to the price offer or order or were known to the parties.

 

4. Deviating provisions in individual contracts concluded between the Client and the Contractor shall take precedence over the wording of these GBTC.

II. CONCLUSION OF THE CONTRACT

1. Delivery of the subject of performance will take place only on the basis of a written offer of the contractor prepared on the basis of the customer's request. The offer is binding if it is delivered to the customer.

 

2. After delivery of the contractor's offer, the customer shall send the contractor an order accepting the offer. Confirmation of the offer must always be made in writing, by post or by electronic means of communication.

 

3. In the case of a contractual price of a work / subject of purchase up to CZK 500,000 or in the case of delivery of a simple technological unit, the contract after written confirmation of the order accepting the contractor's offer by the customer. The Contractor undertakes to confirm the order no later than 3 labour days from its delivery, otherwise the order is considered confirmed. After this confirmation, the order can be canceled or changed only by mutual agreement of both parties. The offer includes the wording of the GTC. A written contract is not concluded between the contracting parties in this case.

 

4. In the case of a contractual price of a work / subject of purchase over CZK 500,000 or in the case of delivery of a more complex technological unit, the contractor is entitled to send the client a draft contract, which includes a price offer and the wording of the GTC. This customer accepts or sends a counter-proposal for a contract ("contract").

 

5. If the order is placed by the customer only with respect to a part of the subject of purchase / work specified in the offer, the contract is concluded only with respect to this part.

III. SUBJECT OF PERFORMANCE

1. The subject of performance is the delivery of the subject of purchase or completion of the work, as agreed in the contract.

 

2. If the quality of the object of purchase / work, properties or its execution is not explicitly agreed, the Contractor shall deliver the object of purchase / work suitable for the purpose specified in the contract, otherwise for the usual purpose to the Contractor's knowledge, even if the Contractor has doubts about required properties subject of purchase / work.

 

3. Ownership of the subject of performance passes from the supplier to the customer at the time of payment of the contract price in full. The risk of damage to the subject of performance passes to the customer at the moment of handing over the subject of performance to the carrier or the customer. The document is a signed delivery note or handover protocol.

IV. PRICE AND PAYMENT TERMS

1. The price of the subject of purchase / work becomes a binding written acceptance of the offer by the customer or the conclusion of a contract. It is possible to change it only in cases agreed in the contract and also if after accepting the offer or concluding the contract there is an increase in the price of input materials needed for delivery of the object of purchase / work.

 

2. The Contractor reserves the right to increase the price of the object of purchase / work every year also in accordance with the inflation rate announced by the Czech Statistical Office.

 

3. Unless otherwise agreed in writing, the price shall include the costs associated with the performance, completion and fulfillment of the obligation. The price includes packaging, transport and insurance of the object of purchase / parts forming the work, including loading, unloading, assembly and commissioning, and costs associated with providing all agreed tests and documents, unless the parties agree otherwise in writing. The price does not include demolition and construction work, costs of documents translated into a foreign language, mechanization to assemble the parts forming the work at the place of performance, mechanization for fitting the object of purchase at the place of performance and transport. These costs are borne by the customer, unless the parties agree otherwise.

 

4. The Client undertakes to pay the agreed price of the subject of purchase / work on the basis of invoices - a tax document, which will meet the requirements of a tax document pursuant to Act no. No. 235/2004 Coll., the Value Added Tax Act.

 

5. The Contractor is entitled to demand from the Client a deposit for the price of the subject of purchase / work before the start of its production. The Contractor is entitled to withdraw from the contract in the event of the Client's delay in paying the advance invoice.

 

6. Payments are agreed non-cash between the Contractor and the Client and are considered paid by the Client on the day of crediting the Contractor's account.

 

7. In the event of the Client's delay in paying any invoiced amount, the Contractor is entitled to suspend performance until payment of all due obligations of the Client towards the Contractor. In this case, the Contractor is not in arrears with the fulfillment of its obligations to the Client. with the simultaneous payment of severance pay in the amount of 70% of the price of the subject of purchase / work without VAT in the case of delivery of withdrawal from the contract after the start of production and ordering of partial equipment.

 

8. In the event of repeated delay of the customer with the payment of due obligations or in the event of deterioration of his property relations, the contractor is entitled to shorten the due date of individual invoices.

 

9. The Contractor is not bound by the date and price of the subject of purchase / work in case of non-return of the contract signed by the Client within 7 calendar days after delivery of the contract for signing (possibly first by e-mail, then the original by post) or in case of non-payment of advance invoice or due date or in the event that the client is in arrears with construction readiness through no fault of the contractor. The deadline for performance is shifted in proportion to the length of the delay or non-fulfillment of requirements by the customer. Furthermore, the contractor is not bound by the date of performance if he does not receive the information necessary for the performance of the contract in time or if the customer requests additional changes to the original order and thus causes a delay in delivery of the subject of purchase / work.

B) COMPLAINTS CONDITIONS

I. GENERAL PROVISIONS

1. The complaint procedure was prepared in accordance with Act no. No. 89/2012 Coll., Civil Code and applies to the work and to the components forming the work ("work") and the subject of purchase, for which the rights of the customer from liability for defects (hereinafter "complaints") are exercised.

 

2. The Contractor shall act when concluding and fulfilling contracts within the scope of his business activities.

 

3. These complaint rules take precedence over the dispositive provisions of the legal regulation. Other issues not expressly regulated by these Complaints Rules are governed by law.

 

4. These Complaints Rules regulate the rights and obligations and apply to the subject of purchase / work for which the Contractor provides a guarantee in accordance with the terms of the mutually signed contract / partial contract.

II. COMPLAINTS PROCEDURE

1. The customer is entitled to file a claim for liability for defects or warranty after the work or object of purchase has been handed over and taken over on the basis of an accepted offer or contract.

 

2. The customer is obliged to report the defect of the object of purchase / work immediately after finding it, ie after visual inspection at the time of receipt of the object of purchase / work. The customer is obliged to mark any defects found in this way in the delivery note or in the handover protocol. Failure to do so shall be deemed to have been delivered without obvious defects.

 

3. The Contractor is responsible for defects that arise on the subject of purchase / work during the agreed warranty period after the transfer of the risk of damage from the contractor to the customer.

 

4. The Client shall file a complaint in writing by letter at the address of the Contractor 's registered office or by e - mail at the electronic address of the contact person specified in the contract, or at the electronic address reklamace@asio.cz, immediately after finding the defect. The written form is a condition for the validity of the complaint. Complaints must be made within the agreed warranty period or at the time for exercising the right from defective performance. If the customer does not report the defect properly and in time, he loses the rights from the defective performance to the contractor.

 

5. When making a complaint, the Client shall state:
6. a) business name, or your name and registered office and the registered office specified in the contract;
7. b) the defect, its description, the circumstances of its occurrence / finding and how the defect manifests itself, a description of the circumstances affecting the occurrence of the defect and a description of possible consequences related to the claimed defect (video or photo documentation of the defect and its manifestation);
8. c) date of occurrence / discovery of the defect.

 

6. The Contractor shall not be liable for aggravation of a defect or for damages caused by failure to report a complaint immediately after defects are found, nor for damages caused by failure to report a complaint immediately after defects are detected, or for damages caused by using the subject of purchase / defective work. In the event of defects, the customer is also obliged to take the necessary measures to prevent further damage. The contracting parties have agreed that the contractor is not liable for damages caused by the operation to any extent.

III. ASSESSMENT AND SETTLEMENT OF COMPLAINTS

1. Upon receipt of the complaint, the complaint technician shall submit a report on its receipt to both executives. In the event that the complaint is not filed properly (especially if it is filed by telephone), the contact person will invite the customer to file it in writing. A necessary condition for making a claim for hidden defects and initiating a claim procedure is full payment of the price according to the contract.

    

2. If the complaint is assessed by the Contractor as justified, the method and deadline for elimination of defects will be determined by agreement between the Client and the Contractor's complaint technician (the Client will send the subject of purchase / part of the work for repair to the Contractor, if not possible, if the replacement is proportionate to the nature of the defect). These defects will be removed at the expense of the contractor within the agreed time.

 

3. In order to assess the validity of the complaint and the subsequent resolution of the complaint, the client is obliged to allow the authorized person of the contractor on the agreed day access to the place where the subject of the complaint is located and create appropriate conditions for assessing the validity of the complaint. If this necessary inspection is not allowed, the complaint cannot be settled within the agreed time. In this case, the time for settling the complaint is extended by the time of the customer's delay in providing the necessary cooperation to eliminate defects. At the same time, the Client undertakes to provide the Contractor with all available operational data and records.

 

4. In the event that it is found that the subcontractor is responsible for the defect, he shall notify the customer, who undertakes to allow access to this subcontractor in order to eliminate the defect.

 

5. In the event of a dispute between the parties as to whether the defect is the subject of the purchase / work covered by the supplier's warranty or liability, the parties shall designate an expert or other generally recognized expert in the field to assess the defect and determine whether it is a defect. for which the contractor is responsible or not. The costs associated with the preparation of an expert opinion or expert opinion shall be borne by the contracting party which, according to the opinion or opinion, is responsible for the defect.

 

6. Elimination of defects and unfinished work, which will not be possible for reasons preventing their elimination by following the necessary technological procedure (bad weather, low or high temperatures, ...), will be carried out at the time of the omission of these reasons.

 

7. In the event of an unjustified complaint, the defect will be removed at the customer's expense, or the removal of the defect will be ensured by the customer himself. An unjustified complaint is if the claimed defect is not identified by the contractor in the settlement of the complaint or is a defect which is not covered by the warranty under the contract or these Complaints Rules, or is a defect for which the contractor is not responsible, caused by unprofessional procedure contrary to operating in this case, it is entitled to demand from the customer full reimbursement of costs incurred by making an unjustified complaint.

 

1. WARRANTY CONDITIONS

 

1. The length of the warranty period is stated for each item of purchase / work in the contract or in the warranty card. The warranty period begins on the day of receipt of the work or object of purchase by the customer.

 

2. The warranty covers defects, does not cover life or wear due to use.

 

3. The guarantee does not apply to:
4. a) Defects that did not arise from a breach of the contractor's obligations,
5. b) Defects caused by unprofessional or careless handling of the part and defects caused by the customer or a third party, neglect of necessary and regular maintenance, defects caused by use contrary to the instructions in the operating instructions, resulting from unapproved work or repairs or unauthorized interventions of the customer or third parties,
6. c) Defects caused by natural disasters or force majeure,
7. d) Defects that have arisen as a result of the work not being operated in the manner described in the operating rules or operating instructions,
8. e) Consumables (eg spare parts, parts subject to wear - diaphragm and lamella sets, UV lamps, etc.),
9. f) All works that are not the subject of delivery under the contract or offer.

V. FINAL PROVISIONS

1. The customer has the right to withdraw from the contract by delivering a written notice of withdrawal to the contractor while paying a severance pay of 20% of the purchase price / work without VAT if the withdrawal was delivered before the date of production and ordering individual components, or paying severance pay in the amount of 70% of the price of the subject of purchase / work without VAT in the case of delivery of the notice of withdrawal after the start of production and ordering of partial equipment.

 

2. In case of doubt, all documents sent by the Contractor to the Client shall be deemed to have been delivered on the third day from the day of their demonstrable dispatch by the Contractor.

 

3. The Client assumes the risk of a change of circumstances pursuant to the provisions of Section 1765 of Act no. No. 89/2012 Coll., Civil Code.

 

4. In case of delay of the customer with the payment of the price, the contracting parties have agreed on the following sanction:
5. a) in the event of the Client's delay in paying the advance or final invoice longer than 7 days, the Client is obliged to pay the Contractor interest on arrears pursuant to Section 1970 of the Civil Code. Interest on arrears does not cover compensation for damage that the contractor may have incurred as a result of the proper non-fulfillment of the monetary obligation by the customer.
6. b) In the event of the Client's delay in paying any invoiced amount, the Contractor is entitled to suspend the performance of any Client's order until all the Client's debts to the Contractor have been paid, in which case the Contractor is not in arrears.

 

5. The Client undertakes to ensure that the rights of the Contractor as well as third parties relating to the subject of performance are not infringed.

 

6. All disputes arising from this contractual relationship and in connection with it and which cannot be resolved by mutual action of the parties, these disputes will be resolved through the courts, and in accordance with § 89a of the Code of Civil Procedure. Municipal Court in Brno.

 

7. By signing the contract, they also declare that they are not aware of any facts that could invalidate the contract concluded by them in any way, render it ineffective against any third party and frustrate its purpose as seriously declared at the beginning of the contract.

 

8. These GTC take effect on 1.1.2022

 

GENERAL BUSINESS AND COMPLAINTS CONDITIONS ASIO TECH, spol. s r.o. – valid from 1.1.2022

in accordance with the provisions of §1751 of Act no. No. 89/2012 Coll., Civil Code

 

A) GENERAL TERMS AND CONDITIONS

I. INTRODUCTORY PROVISIONS

1. The parties to the contract are obliged to convince themselves of the identity of the other party that its designation in the title of the contract corresponds to the current entry in the commercial or other register, to verify the identity and proper authorization of persons acting on behalf of the other party ensure that these data are not affected by changes already made but not yet registered in the Commercial Register. At the same time, they are obliged to assure each other that the conclusion of this contract is in accordance with the rules prescribed or internally established by law, as well as in the full interest of the contracting parties represented by them.
   
2. These General Terms and Conditions of Business and Complaints ("GTC") govern the mutual rights and obligations of the parties in connection with or on the basis of work contracts, purchase contracts, service contracts and other similar types of contracts between ASIO TECH, spol. s r.o., which acts as the seller or contractor (hereinafter referred to as the "contractor") and on the other hand acts as the buyer or the customer (hereinafter referred to as the "customer"). The GTC exclude the application of any business conditions of the customer, unless the contractor has given prior written consent to the application of business conditions of the other contracting party.
   
3. In accordance with the provisions of §1751 of Act no. No. 89/2012, Civil Code, these GTC are part of the contracts if they were attached to the contract, or as a hypertext link to the price offer or order or were known to the parties. 
   
4. Deviating provisions in individual contracts concluded between the Client and the Contractor shall take precedence over the wording of these GBTC.

II. CONCLUSION OF THE CONTRACT

1. Delivery of the subject of performance will take place only on the basis of a written offer of the contractor prepared on the basis of the customer's request. The offer is binding if it is delivered to the customer.
2. After delivery of the contractor's offer, the customer shall send the contractor an order accepting the offer. Confirmation of the offer must always be made in writing, by post or by electronic means of communication. 
3. In the case of a contractual price of a work / subject of purchase up to CZK 500,000 or in the case of delivery of a simple technological unit, the contract after written confirmation of the order accepting the contractor's offer by the customer. The Contractor undertakes to confirm the order no later than 3 labour days from its delivery, otherwise the order is considered confirmed. After this confirmation, the order can be canceled or changed only by mutual agreement of both parties. The offer includes the wording of the GTC. A written contract is not concluded between the contracting parties in this case.
4. In the case of a contractual price of a work / subject of purchase over CZK 500,000 or in the case of delivery of a more complex technological unit, the contractor is entitled to send the client a draft contract, which includes a price offer and the wording of the GTC. This customer accepts or sends a counter-proposal for a contract ("contract").
5. If the order is placed by the customer only with respect to a part of the subject of purchase / work specified in the offer, the contract is concluded only with respect to this part.

III. SUBJECT OF PERFORMANCE

1. The subject of performance is the delivery of the subject of purchase or completion of the work, as agreed in the contract.
2. If the quality of the object of purchase / work, properties or its execution is not explicitly agreed, the Contractor shall deliver the object of purchase / work suitable for the purpose specified in the contract, otherwise for the usual purpose to the Contractor's knowledge, even if the Contractor has doubts about required properties subject of purchase / work.
3. Ownership of the subject of performance passes from the supplier to the customer at the time of payment of the contract price in full. The risk of damage to the subject of performance passes to the customer at the moment of handing over the subject of performance to the carrier or the customer. The document is a signed delivery note or handover protocol.
   
   

IV. PRICE AND PAYMENT TERMS

1. The price of the subject of purchase / work becomes a binding written acceptance of the offer by the customer or the conclusion of a contract. It is possible to change it only in cases agreed in the contract and also if after accepting the offer or concluding the contract there is an increase in the price of input materials needed for delivery of the object of purchase / work.
2. The Contractor reserves the right to increase the price of the object of purchase / work every year also in accordance with the inflation rate announced by the Czech Statistical Office.
3. Unless otherwise agreed in writing, the price shall include the costs associated with the performance, completion and fulfillment of the obligation. The price includes packaging, transport and insurance of the object of purchase / parts forming the work, including loading, unloading, assembly and commissioning, and costs associated with providing all agreed tests and documents, unless the parties agree otherwise in writing. The price does not include demolition and construction work, costs of documents translated into a foreign language, mechanization to assemble the parts forming the work at the place of performance, mechanization for fitting the object of purchase at the place of performance and transport. These costs are borne by the customer, unless the parties agree otherwise. 
4. The Client undertakes to pay the agreed price of the subject of purchase / work on the basis of invoices - a tax document, which will meet the requirements of a tax document pursuant to Act no. No. 235/2004 Coll., the Value Added Tax Act.
5. The Contractor is entitled to demand from the Client a deposit for the price of the subject of purchase / work before the start of its production. The Contractor is entitled to withdraw from the contract in the event of the Client's delay in paying the advance invoice. 
6. Payments are agreed non-cash between the Contractor and the Client and are considered paid by the Client on the day of crediting the Contractor's account.
7. In the event of the Client's delay in paying any invoiced amount, the Contractor is entitled to suspend performance until payment of all due obligations of the Client towards the Contractor. In this case, the Contractor is not in arrears with the fulfillment of its obligations to the Client. with the simultaneous payment of severance pay in the amount of 70% of the price of the subject of purchase / work without VAT in the case of delivery of withdrawal from the contract after the start of production and ordering of partial equipment.
8. In the event of repeated delay of the customer with the payment of due obligations or in the event of deterioration of his property relations, the contractor is entitled to shorten the due date of individual invoices.
9. The Contractor is not bound by the date and price of the subject of purchase / work in case of non-return of the contract signed by the Client within 7 calendar days after delivery of the contract for signing (possibly first by e-mail, then the original by post) or in case of non-payment of advance invoice or due date or in the event that the client is in arrears with construction readiness through no fault of the contractor. The deadline for performance is shifted in proportion to the length of the delay or non-fulfillment of requirements by the customer. Furthermore, the contractor is not bound by the date of performance if he does not receive the information necessary for the performance of the contract in time or if the customer requests additional changes to the original order and thus causes a delay in delivery of the subject of purchase / work.
   

B) COMPLAINTS CONDITIONS

I. GENERAL PROVISIONS

1. The complaint procedure was prepared in accordance with Act no. No. 89/2012 Coll., Civil Code and applies to the work and to the components forming the work ("work") and the subject of purchase, for which the rights of the customer from liability for defects (hereinafter "complaints") are exercised.

2. The Contractor shall act when concluding and fulfilling contracts within the scope of his business activities.

3. These complaint rules take precedence over the dispositive provisions of the legal regulation. Other issues not expressly regulated by these Complaints Rules are governed by law.

4. These Complaints Rules regulate the rights and obligations and apply to the subject of purchase / work for which the Contractor provides a guarantee in accordance with the terms of the mutually signed contract / partial contract.

II. COMPLAINTS PROCEDURE

1. The customer is entitled to file a claim for liability for defects or warranty after the work or object of purchase has been handed over and taken over on the basis of an accepted offer or contract.
   
2. The customer is obliged to report the defect of the object of purchase / work immediately after finding it, ie after visual inspection at the time of receipt of the object of purchase / work. The customer is obliged to mark any defects found in this way in the delivery note or in the handover protocol. Failure to do so shall be deemed to have been delivered without obvious defects.
   
   
3. The Contractor is responsible for defects that arise on the subject of purchase / work during the agreed warranty period after the transfer of the risk of damage from the contractor to the customer.
   
4. The Client shall file a complaint in writing by letter at the address of the Contractor 's registered office or by e - mail at the electronic address of the contact person specified in the contract, or at the electronic address reklamace@asio.cz, immediately after finding the defect. The written form is a condition for the validity of the complaint. Complaints must be made within the agreed warranty period or at the time for exercising the right from defective performance. If the customer does not report the defect properly and in time, he loses the rights from the defective performance to the contractor.
   
5. When making a complaint, the Client shall state:

a) business name, or your name and registered office and the registered office specified in the contract; 

b) the defect, its description, the circumstances of its occurrence / finding and how the defect manifests itself, a description of the circumstances affecting the occurrence of the defect and a description of possible consequences related to the claimed defect (video or photo documentation of the defect and its manifestation);

c) date of occurrence / discovery of the defect.

6. The Contractor shall not be liable for aggravation of a defect or for damages caused by failure to report a complaint immediately after defects are found, nor for damages caused by failure to report a complaint immediately after defects are detected, or for damages caused by using the subject of purchase / defective work. In the event of defects, the customer is also obliged to take the necessary measures to prevent further damage. The contracting parties have agreed that the contractor is not liable for damages caused by the operation to any extent.

III. ASSESSMENT AND SETTLEMENT OF COMPLAINTS

1. Upon receipt of the complaint, the complaint technician shall submit a report on its receipt to both executives. In the event that the complaint is not filed properly (especially if it is filed by telephone), the contact person will invite the customer to file it in writing. A necessary condition for making a claim for hidden defects and initiating a claim procedure is full payment of the price according to the contract.   
   
   
2. If the complaint is assessed by the Contractor as justified, the method and deadline for elimination of defects will be determined by agreement between the Client and the Contractor's complaint technician (the Client will send the subject of purchase / part of the work for repair to the Contractor, if not possible, if the replacement is proportionate to the nature of the defect). These defects will be removed at the expense of the contractor within the agreed time.
   
   
3. In order to assess the validity of the complaint and the subsequent resolution of the complaint, the client is obliged to allow the authorized person of the contractor on the agreed day access to the place where the subject of the complaint is located and create appropriate conditions for assessing the validity of the complaint. If this necessary inspection is not allowed, the complaint cannot be settled within the agreed time. In this case, the time for settling the complaint is extended by the time of the customer's delay in providing the necessary cooperation to eliminate defects. At the same time, the Client undertakes to provide the Contractor with all available operational data and records.
   
   
4. In the event that it is found that the subcontractor is responsible for the defect, he shall notify the customer, who undertakes to allow access to this subcontractor in order to eliminate the defect.
   
   
5. In the event of a dispute between the parties as to whether the defect is the subject of the purchase / work covered by the supplier's warranty or liability, the parties shall designate an expert or other generally recognized expert in the field to assess the defect and determine whether it is a defect. for which the contractor is responsible or not. The costs associated with the preparation of an expert opinion or expert opinion shall be borne by the contracting party which, according to the opinion or opinion, is responsible for the defect.
   
   
6. Elimination of defects and unfinished work, which will not be possible for reasons preventing their elimination by following the necessary technological procedure (bad weather, low or high temperatures, ...), will be carried out at the time of the omission of these reasons.

7. In the event of an unjustified complaint, the defect will be removed at the customer's expense, or the removal of the defect will be ensured by the customer himself. An unjustified complaint is if the claimed defect is not identified by the contractor in the settlement of the complaint or is a defect which is not covered by the warranty under the contract or these Complaints Rules, or is a defect for which the contractor is not responsible, caused by unprofessional procedure contrary to operating in this case, it is entitled to demand from the customer full reimbursement of costs incurred by making an unjustified complaint.

 

IV. WARRANTY CONDITIONS

1.  The length of the warranty period is stated for each item of purchase / work in the contract or in the warranty card. The warranty period begins on the day of receipt of the work or object of purchase by the customer.

2. The warranty covers defects, does not cover life or wear due to use.

3. The guarantee does not apply to:

a) Defects that did not arise from a breach of the contractor's obligations,

b) Defects caused by unprofessional or careless handling of the part and defects caused by the customer or a third party, neglect of necessary and regular maintenance, defects caused by use contrary to the instructions in the operating instructions, resulting from unapproved work or repairs or unauthorized interventions of the customer or third parties,

c) Defects caused by natural disasters or force majeure,

d) Defects that have arisen as a result of the work not being operated in the manner described in the operating rules or operating instructions,

e) Consumables (eg spare parts, parts subject to wear - diaphragm and lamella sets, UV lamps, etc.),

f) All works that are not the subject of delivery under the contract or offer.

V. FINAL PROVISIONS

1. The customer has the right to withdraw from the contract by delivering a written notice of withdrawal to the contractor while paying a severance pay of 20% of the purchase price / work without VAT if the withdrawal was delivered before the date of production and ordering individual components, or paying severance pay in the amount of 70% of the price of the subject of purchase / work without VAT in the case of delivery of the notice of withdrawal after the start of production and ordering of partial equipment.

2. In case of doubt, all documents sent by the Contractor to the Client shall be deemed to have been delivered on the third day from the day of their demonstrable dispatch by the Contractor.

3. The Client assumes the risk of a change of circumstances pursuant to the provisions of Section 1765 of Act no. No. 89/2012 Coll., Civil Code. 

4. In case of delay of the customer with the payment of the price, the contracting parties have agreed on the following sanction:

a) in the event of the Client's delay in paying the advance or final invoice longer than 7 days, the Client is obliged to pay the Contractor interest on arrears pursuant to Section 1970 of the Civil Code. Interest on arrears does not cover compensation for damage that the contractor may have incurred as a result of the proper non-fulfillment of the monetary obligation by the customer.

b) In the event of the Client's delay in paying any invoiced amount, the Contractor is entitled to suspend the performance of any Client's order until all the Client's debts to the Contractor have been paid, in which case the Contractor is not in arrears.

5. The Client undertakes to ensure that the rights of the Contractor as well as third parties relating to the subject of performance are not infringed.

6. All disputes arising from this contractual relationship and in connection with it and which cannot be resolved by mutual action of the parties, these disputes will be resolved through the courts, and in accordance with § 89a of the Code of Civil Procedure. Municipal Court in Brno.

7. By signing the contract, they also declare that they are not aware of any facts that could invalidate the contract concluded by them in any way, render it ineffective against any third party and frustrate its purpose as seriously declared at the beginning of the contract.

8. These GTC take effect on 1.1.2022