General terms and conditions of delivery and sale of the server operator www.pneuhulin.c
Hulínský Martin - PNEUSERVIS
Na Balkáně 812/21
130 00 Praha 3 - Vysočany
(hereinafter referred to as the Seller)
1. These General Terms and Conditions of Delivery and Sale (hereinafter referred to as "GTCS") apply to all deliveries of goods by the Seller to business partners (hereinafter referred to as "Purchaser") and form an integral part of the Purchase Contracts.
2. Deviations from these GTCP submitted by the Buyer shall only be effective if approved in writing by the Seller.
3. The Seller reserves the right to change the price lists without prior notice. Buyer's orders processed solely on the basis of the quotation price lists shall not bind Seller to deliver. Orders are subject to Seller's approval and may be reduced or cancelled by Seller.
4. Verbal and telephone orders, as well as verbal and telephone agreements with the Seller's representatives, shall be binding only after the written order has been issued and confirmed by the Seller. Orders placed in electronic systems are binding on the customer, as are written orders.
B. Delivery terms
1. Delivery of the goods shall be made by the Buyer taking delivery of the goods or by handing them over to the first carrier for carriage to the Buyer or by handing them over to a person authorised by the Buyer. Delivery of the goods shall be accompanied by the transfer of the risk of damage to the goods to the buyer.
2. Settlement of the delivery (invoicing) shall be made immediately after the delivery has been made in accordance with the prices and conditions for the provision of contractual discounts (rebates) in force on the date of delivery. Invoices shall be issued at the points of sale and shall be handed over to the Buyer upon collection of the goods or sent to the Buyer by registered mail. The Buyer confirms receipt of the goods on the delivery note or on a copy of the invoice, which also replaces the delivery note.
3. Partial deliveries in the case of invoice sales under a concluded purchase contract are permissible.
4. Cases of force majeure (e.g. fire, explosion, flood, strikes at the Seller or at raw material suppliers) shall entitle the Seller to extend the delivery period accordingly or to withdraw from the purchase contract for impossibility of performance without the Buyer being entitled to compensation.
5. The return of the sold goods is excluded, unless otherwise stated in the warranty and claim conditions. If, exceptionally, the seller agrees to take back the goods, the price valid on the date of return will be credited. If the delivery price is lower than the applicable daily price, the delivery price will be credited. The above does not apply in cases where the right of retention of title to the goods is exercised.
6. The delivered goods shall remain the property of the seller until full payment of the purchase price by the buyer only in the event of the seller exercising retention of title. The return of the delivered goods on the grounds of retention of title shall not be considered as a withdrawal from the contract. The creation of a lien or any other security over the goods delivered subject to retention of title shall be null and void.
7. The Seller shall take over the unusable tyres from the Buyer free of charge for environmental disposal in accordance with the wording of the Waste Act No. 185/2001 of the Collection.
C. Payment Terms
1. Unless otherwise stated, the Seller's selling prices, all quotations, invoicing and billing shall be understood to be in CZK.
2. The date of payment shall be the date on which the relevant cash is made available to the Seller or the relevant amount is credited to the Seller's account shown on the invoice. The Buyer shall perform the monetary obligation at its own expense and risk.
3. In the case of payment in cash, the place of performance for the Buyer shall be the relevant point of sale of the Seller.
4. Invoices are payable within 14 days from the date of issue, unless otherwise agreed in the contract. The Seller shall ensure the issue of the invoice within 5 days after delivery of the goods.
5. In the case of payment in advance, the goods can only be collected or dispatched after payment has been made.
6. In the event of late payment by the Buyer, the Seller shall be entitled to charge default interest at the rate of 0.05% for each day of delay (that is 18.0% per annum) and any costs incurred by the Seller in connection with the recovery of the amounts due.
7. Failure to pay an invoice on time, with a period of delay exceeding 30 days, shall be considered a material breach of the Purchase Agreement and shall be grounds for withdrawal from the Agreement by the Seller.
D. Warranty and Complaint Procedure
1. Complaints will be handled in accordance with the applicable Warranty and Complaint Conditions of Pneuhulin.cz and, in the alternative, in accordance with the relevant provisions of the Civil and Commercial Code.
2. The Buyer is entitled to claim the warranty against the Seller. The claim must be made in the form of a written claim report issued by the Buyer for all defective goods found during the warranty period.
3. The warranty claim is excluded if the purchase price due for the goods has not yet been paid by the buyer.
4. Deliveries of goods of inferior quality are always made with full exclusion of the warranty claim, unless otherwise stated in the manufacturer's warranty and claim conditions. Such deliveries may only be made by prior agreement of the parties.
5. For new tyres or treads there are manufacturer's warranty conditions. These warranty conditions shall prevail whenever they deviate from the Seller's Warranty and Claims Conditions.
6. The Buyer is obliged to inspect the goods on receipt and to indicate on the delivery note any defects detectable on such inspection, otherwise the goods shall be deemed not to have such defects.
E. Final Provisions
1. Unless otherwise specified in these GTCP, the relevant provisions of the Commercial Code of the Czech Republic shall apply to the mutual relations. In the event of disputes with the Buyer, the Seller's general court shall have local jurisdiction to adjudicate disputes arising from the Purchase Agreement, regardless of the Buyer's registered office.
2. Compliance with Anti-Terrorism Directives. The Parties confirm that they are not associated or engaged in any direct or indirect activity of any nature with any of the individuals, companies, groups and entities listed in the Anti-Terrorism Directives. The Parties undertake to comply with the Anti-Terrorism Guidelines.
3. These GPCPs form an integral part of the Purchase Contract and may be modified by such contracts. The terms and conditions agreed in the Purchase Contract shall prevail over the provisions of these GTCP. The Purchaser shall submit new documents whenever a change is made to the Commercial Register or Trade Licence.