Obchodní podmínky

Sales Terms and Conditions of Eberhard Automatizace, s.r.o.

  1. These Sales Terms and Conditions determine a part of the content of every contract concluded between the customer and the supplier, on the basis of which the supplier undertakes to hand over the goods to the customer and allow the customer to acquire the ownership title to those goods, while, at the same time, the customer undertakes to take over the goods delivered and pay the arranged price for the Goods to the supplier (hereinafter referred to as the “Contract”). The supplier shall be understood Eberhard Automatizace, s.r.o., with its registered office at Jihlava, Znojemská 80d, company ID no. 283 20 565, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Entry 60970.
  2. Goods shall be understood all movables or works specified in a quotation. However, these Sales Terms and Conditions shall adequately apply if the supplier ensures for the customer a certain activity, results of a creative intellectual activity or services.
  3. The supplier’s quotations shall be binding only if the binding effect is expressed in them. The contractual relationship shall only be established on the basis of unreserved acceptance of a quotation. Acceptance of a quotation with a reservation, change, condition or reference to other terms and conditions is hereby excluded.
  4. The delivery terms and conditions of the official interpretation rules of ICC Incoterms 2010 shall apply to the contractual relationship of the customer and the supplier as a supportive regulating measure. Unless a particular clause is arranged, the delivery parity EXW shall apply (CZ, Jihlava, Znojemská 80d).
  5. The supplier shall be obliged to deliver the goods custom-made according to the customer’s instructions, drawings, assignment or other written specification and in the quantity required. The supplier shall not be held liable for correctness of the source materials submitted.
  6. If, on the basis of an impulse of the customer, there are some changes comparing to the arranged specification of the goods, it shall be considered performance beyond the framework of the Contract requiring a change in the price and the delivery term.
  7. The supplier shall become entitled to the price by delivering the goods. It shall be payable at that moment unless the invoice determine a later due date. In case of any doubts concerning the customer’s solvency the supplier shall be entitled to provide the performance (deliver the goods) only after an advance payment is made or an additional security provided.
  8. Unilateral offset of any receivable of the customer against a receivable of the supplier on the basis of the Contract is hereby excluded.
  9. The supplier shall be entitled to send issued invoices to the customer only in the electronic form by means of distant data transfer (by e-mail) by converting the existing invoice format into a PDF format electronic file. The customer shall not change or modify the originals of the invoices delivered in that manner and sent by e-mail, it can print them and handle them as an original paper-form tax document. In the event of an early or partial performance the supplier shall also be entitled to issue an invoice for such performance separately.
  10. If the customer fails to pay the price for the goods by its due date, the supplier shall be entitled to exercise and require a contractual penalty amounting to 0.05% of the outstanding amount for every started day of delay. If the delay is longer than one month, the supplier shall be entitled to deny other deliveries without getting into delay or withdraw from the Contract and sell the goods to a third party.
  11. The customer shall appoint persons authorized to take over the goods. The ownership title to the goods, related benefits, the liability for damage to the goods as well as the liability for a change in the circumstances shall pass onto the customer by handing over the goods to the customer at the latest, and if the goods are sent, then by handing the goods over for transport. This shall also apply in case of partial performance or if the goods are delivered prior to the arranged delivery date. However, the customer is not allowed to handle the goods (pledge them, transfer them onto or hand them over to a third party) until the price has been paid in full. Further processing of the goods requires the seller’s consent.
  12. Unless specified otherwise in the quotation, the prices included in the quotation do not include costs of transport, costs of assembly or installation, insurance, duties or other fees, or value added tax, which will be added to the price in its statutory amount. The price includes costs of packaging and preparation for transport.
  13. Packaging shall comply with the supplier’s packaging regulation; it shall be carried out in a standard manner unless there is a mutually approved packaging regulation. Unless specified otherwise or unless the packaging is reusable, the packaging is a part of the supplier’s performance and its disposal shall be carried out by the customer.
  14. The Contract can only be amended in writing. For the purposes of the Contract, a written form shall also be considered fax or electronic communication (e-mail). Unless specified otherwise, a possibility of unilateral amendment of the business conditions or the Contract is hereby excluded.
  15. The customer shall be completely responsible for initial inspection of the goods and assessment whether or not the goods comply with the Contract. The customer shall test and measure the goods.
  16. The customer shall be entitled to complain about defective goods in writing within 14 days following the goods delivery. In this period of time, the customer shall complain about apparent defects and differences in the quantity. If there is a quality warranty, the customer shall be entitled to complain about defects in the warranty period, however, no later than within 14 days following the moment that it discovers the defect. In order to exercise the rights arising out of defective performance the defective goods must be returned. The warranty shall not apply to a) defects that originated in the customer’s operation (e.g. climatic conditions) or that were caused by the customer as a result of a failure to adhere to the regulations, technical standard or the instructions manual; b) parts of the goods that the customer chose or delivered on its own or on using of which the customer insisted.
  17. If one or more provisions hereof become invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other terms and conditions. This shall also apply if the supplier is in the position of a consumer, while the Sales Terms and Conditions shall apply adequately so that they do not contradict the legal protection of the consumer.
  18. The contracting parties are released from their liability for partial or complete failure to meet their contractual obligations under this Contract if the failure is a result of Force Majeure. If the circumstances of Force Majeure do not last longer than two months, the contracting parties shall be obliged to continue meeting their obligations arising out of the Contract and the period of performance shall be prolonged by the duration of Force Majeure. If they last longer than two months, the contracting parties shall be entitled to withdraw from the Contract.
  19. Contractual and extra-contractual demands for compensation for damage arising out of any action of the supplier’s staff are excluded unless a criminal act is concerned.
  20. The contracting parties undertake to make every effort to settle any potential disputes arising out of the Contract in an amicable manner; they undertake to proceed so that the disputable situation is explained objectively, and for that reason they undertake to provide each other with necessary cooperation.
  21. In case of legal proceedings concerning a dispute with an international element, the court with the territorial jurisdiction according to the customer’s registered office shall be competent to decide the dispute. The decisive law shall always be the law of the Czech Republic, while reference to different laws are hereby excluded.