General terms and conditions
-These general international sell terms of sell are integral part of purchase contract agreement between seller and buyer.
-These general terms and conditions govern relationship between parties of the purchase contract. The seller is company NAREX ROLL s.r.o., Identification number 26152185, VAT CZ26152185, residence Vápenka 331, Zdice, registered in bussiness register kept by a Municipal court in Prague, section C, note 74887 as seler. Second partiecontracting party is Buyer.
-General international sell terms are valid full, if seller and buyer don't make an other deal in purchase contract. If there is a difference between general terms and conditions and purchase contract, in different part is valid purchase contract.'
All additions, changes and renewals of these terms and conditions or purchase contract are valid only after written agreement both participants.
If purchase contract is closed, all previous deals and correspondence about this purchase contract lose legal validity
- Order and order confirmation
There are only written orders valid. Order will be confirmed by seller no later then three days after deliver of the order. Orders and their confirmation have to contain strict defined subject of performance (number of buyer's order, name of the subject, number of drawing subject, price, quantity, delivery information, term and place of performance).
Each change has to be apply in written form. Seller doesn't have to perform subject of the contract if:
a) If there aren't fulfilled dealed security payment instructions or in case their wording isn't accordance with contract.
b) If there are known facts about impossibility of full pay purchase price by the buyer.
c) If the buyer is late in pay for goods delivered sooner according to current or otherwise purchase contract.
- Purchase contract
Contracting parties made a deal about prices, that are accordance to § 409 Commercial code of Czech republic and they are in valid price list made by seller. In case of change purchase conditions for supplied products the seller have to suggest this to the buyer for approval not later then one month before this change is done.
All purchase prices are EXV. Buyer mustn't keep full or part of purchase price because of any counterclaim against the seller.Complaint isn't reason to don't respect this terms. Buyer can't do a one sided netting against calculated purchase price of the goods or interest on arrears.
- Payment terms
Goods will be invoiced for prices from actual price list. Dealed buy price maturity is no later then 14 days from day of issuing the invoice if purchase contract doesn't set other terms.
- Contractual fines and penalties
If buyer will be late in payment financial obligation, the seller is authorized to charge interest on arrears in the height of 0,05% per day
- Place and time of performance
Place of performance is factory of seller. Time of performance is time of hand over the goods to buyer. If delivery has all requisites (mainly all documents), buyer has to take over the delivery. Delivery time will be set between 6:00 and 14:00 in work day if there is no other deal. Buyer have to take over the goods in time. If buyer don't take over the goods, seller will prompts the buyer to take the goods over and set up additional delivery time. If buyer doesn't take the goods over again, seller can consider the goods delivered and make an invoice for delivered goods.
- Quality, quantity, warranty, delivery time
Seller have to deliver the goods in dealed quantity, delivery term and quality. Seller takes over according to § 429 Commercial code of Czech republic warranty for delivered goods for 6 months from delivery time of the goods. This warranty relates to only defects goods that doesn't match the drawing. If there will be a defect in the goods claims are governed by § 439 Commercial code of Czech republic and the following provisions. Quantity and quality defects have to be written in protocol and reported to seller without unnecessery delay after their detection.
Delivery time for delivery of the goods will be set up in purchase contract.
Seller isn't responsible for particular or full non-compliance resulting from framework agreement in case (and in this range) if this non-compliance was result of a incident or condition made by natural power. Responsibility doesn't exclude obstruction, which was originated in time when obligated party was late with their fulfillment of obligations or was originated from their economic conditions.
For the purpose of this agreement "natural power" means extraordinary and unavoidable event that isn't under control of contracting party. Natural power must obstruct the contracting party in fuifillment of obligations and the contracting party wasn't able to know it when they concluded the contract. Natural power must be unexpectable when contract is concluded. Natural power is for exampel natural disaster, war, revolution, large fire, earthquake, floods, epidemic,quarantine, delivery embargos, general strike. Natural power is also strike of a branch in industry if this directly affects fulfillment of supplies according to orders - purchase contracts concluded on base of this contract purchase.
- Next arrangements
Buyer is full responsible for goods from takeover moment of the goods, he is full responsible for all damage caused on the goods (damage, lost, etc.).
The buyer acquires titul to the goods after payment of the invoice.
- Packaging management
Goods will be delivered in irreversible packing of the seller. Size of the packing will be set by seller according to size of the goods. Price of the packing isn't included in price of the goods.
- Change of datas
If there will be a change in framework agreement (regarding basic facts - name of the company, headquarter address, bank connection) the contracting party that change the datas have to announce it as soon as possible to the second contracting party in written form.