Terms and conditions

Terms & Conditions

Terms & Conditions FEROPROFIL, s. r. o., valid from January 1st, 2018

Preamble

FEROPROFIL s. r. o., is a professional company manufacturing machines and product for flat glass processing.

I. Introductory Provisions

These General Business Terms and Conditions (hereinafter “GTC”) explain legal relations between the FEROPROFIL s. r. o., company based in Vitonice 165, 76861, Bystrice pod Hostynem, with the registration in the Commercial Register at the Regional Court in Brno, Section C, file 98048 (hereinafter “Seller”) and the customer (hereinafter “Buyer” or “Purchaser”) and are integral part of all contracts – Purchase Agreements, Contract for Work and Sampling Agreements (hereinafter “Contracts”). The GTC are superior only individual provisions of the contracts, unless determined otherwise than in these GTC.

II. Object of Purchase, Order

2.1 The Seller agrees to deliver the Goods in accordance with the trading assortment which is specified in graphic materials and written materials. 

2.2 All of the products have the Declaration of Conformity in accordance with the valid law and government regulation on conformity assessment according to EU standards.

2.3 Purchase Agreement is provided on the basis of the Purchaser’s order by letter, fax or e-mail and confirmation (approval) of the order by the Seller (by letter, fax or e-mail). By the purchase agreement may be taken also proforma invoice.

2.4 The order has to contain these data: No. of the order, the date of issue, determining of the Purchaser, recipient of the Goods (company name, address, ID, Tax Registration Number, bank details and account number), contact details (e-mail, telephone number, fax number), type of product (its exact specification according to the Seller’s catalogue), required volume of goods, required time and place of the goods delivery, required manner of delivery, agreed purchase price and place of destination and name of the persons entitled to act on behalf of the Purchaser (including the phone connection).

2.5 The recommended deadline for placing an order is at least 6 weeks before the required delivery date.

2.6 The prices, terms of delivery and payment shall be binding only if confirmed in writing by the Seller.

2.7 The Seller sends confirmation of the order to the Purchaser by e-mail, letter, fax. If the Seller does not receive any comments on the order confirmation in 2 business days, it is understood that the Buyer agrees with the confirmation content without any objections and the binding Purchase Agreement is closed the date when made payment of the order by whole or it’s part by proforma invoice.

2.8 The Purchaser is aware of the fact that the Seller is entitled not to include the Purchaser’s order into the production if the Purchaser has invoices after the maturity date in his records at the time of placing the order.

2.9 In the case of cancellation of the confirmed order or its part is the Seller obliged to require contractual fine up to 90% of the final price of the confirmed order (including the VAT) or of the price of the partial cancellation from the Buyer after 3 days from the mutual approval of the order or from the day when the Purchase Agreement was closed.

2.10. Goods delivery deadline starts the day after receiving a payment, or prepayment of the ordered goods.

III. The Purchase Price, Payment and Billing Terms

3.1 The price of the products and the Goods is set by the Seller’s price list.

3.2 The sale conditions, prices and discounts are subjected to the changes without previous notice. Such changes don’t cover the already confirmed orders or closed agreements. The Seller reserves the right to adjust the extent of the provided rebates, discounts and sale conditions.

3.3 The basis for payment of the purchase price shall be a tax document (an invoice or proforma invoice), which shall be issued by the Seller and which the Seller shall send to the Purchaser to his address, email, fax.

3.4 The Seller shall become entitled to invoice the purchase price as of the date of the goods order.

3.5 The invoiced purchase price is payable in due time by the Buyer and according to the conditions specified in the tax documents. The payment conditions (the invoice maturity, the payment method) are determined by mutual agreement between the Seller and the Purchaser. The date of the purchase price payment shall be the date when the full invoiced amount is credited to the Seller’s account at his banking institution and is at the Seller’s unlimited disposition.

3.6 In the event of a default in the invoice payment, the Purchaser shall be obliged to pay interest on late payment to the Seller in the amount of 0.05% of the invoiced amount per each commenced day of the default. In such
an event, the Seller shall be entitled to retain the deliveries of all confirmed orders (purchase agreements), which have not been delivered yet, whereas this is not to be considered a breach of the agreement.

3.7 The Buyer gets the property right of the Goods, which he already possesses, by paying the total purchase price. If the payment of the purchase price precedes the delivery of the Goods then the property right passes on the Buyer in accordance with the point 4.1.

3.8 The purchase price for the delivering Goods doesn’t contain the recycling fee. This applies also to the light sources.

3.9 If the both sides didn’t agree upon returning of the reusable pallets then applies that the Buyer will pay for the pallets and after returning them in the same state as they were before to the Seller, the Seller will the amount of the pallets pay back to the Buyer by using a credit note.

The Seller takes over the pallets but only the same the Buyer received. That means they have to have the same dimensions and number of the pallets as in the invoice. The Seller will not accept back the damaged pallets. The pallets is possible to return into the company residence. Returning process: The Buyer will agree upon the returning of the pallets with the Seller in advance by e-mail or fax where the Buyer will specify the invoice number. The taking over will confirm the Seller in the Buyer’s delivery note. Then the Seller will issue to the Buyer the credit note in 14 days.

IV. Delivery Conditions

4.1 The delivery is made:

a) if the Goods are transported by the Purchaser himself (when the Goods are loaded on the Purchaser’s means of transport or handed over to or loaded by the carrier determined by the Purchaser),

b) if the Goods are delivered by the Seller’s means of transport and subsequently taken over by the Purchaser (upon the Goods loading and delivery to the agreed place). The freight unloading is provided by the Purchaser,

c) upon the Goods handover (loading) to the first carrier in other cases.

4.2 The risk of damage shall pass to the Purchaser at the moment of delivery is in accordance with point 4.1.

4.3 The Purchaser shall be obliged to take over the ordered Goods confirmed by the Seller within 14 days after confirmation of the takeover date at the latest. In other cases, the Seller shall be entitled to request a storage charge from the Purchaser in the amount of 0.1% of the purchase price of the Goods per each day of the default in the goods takeover.

4.4 Each takeover of the Goods provided by an external carrier may be carried out on the basis of presenting a valid authorization of the carrier (driver) who is making the takeover on behalf of the Purchaser,

4.5 The Purchaser (or another authorized person) is obliged to take over the Goods which is marked as the delivery for the Buyer and it’s delivered in accordance with the confirmed order or contract. He is also obliged to check the content of the delivery its quantity and quality, and he will confirm by his signature the takeover of the Goods in delivery note which contains the serial number, the Buyer an recipient, type and quantity of the Goods and the date of unloading.

4.6 In the case of delivering the Goods to the Buyer or authorized recipient by him by a transport service is the Buyer obliged to send the confirmed delivery note with the stamp and signature to the Seller in 10 working days by e-mail or letter. In the case he won’t do so then applies the delivery was fulfilled and the later complaints will not be considered.

4.7 The Buyer acknowledges the confirmation of the delivering of the Goods is inevitable obligation of all the Buyer’s responsibilities.

4.8 Faultless Goods can be returned to the Seller only with the written consent. In this case the Seller has the right to charge a cancellation fee up to 80% of the invoiced price of the returned Goods.

V. Packing

5.1 The Seller shall be obliged to sell the Goods or secure them for the transport in the manner agreed in the purchase agreement. If this is not agreed in the purchase agreement, the Seller shall be obliged to pack the Goods in a manner usual for such Goods in business relations.

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