General Terms and Conditions
according to Section 1751 of Act No. 89/2012 Coll., the Civil Code
These General Terms and Conditions were concluded by the parties with the knowledge that the purchase contract for the supply of goods was concluded in writing or orally, agreeing on the subject of the contract and the purchase price, which are undisputed.
- The buyer is obliged to take over the goods in person or through an authorised person.
- The goods are intended exclusively for the direct needs of the buyer and may not be resold without the consent of the seller.
- Unless otherwise agreed, the place of performance is the warehouse at the buyer’s registered office or another place designated by him/her.
- The price of the goods includes the transport of the goods to the buyer. If the method of transport is not agreed in advance, it will be provided by the seller at his/her own discretion. The risk of damage passes to the buyer at the time he/she takes over the goods from the seller.
- The goods comply with valid technical data sheets and specifications.
- The shelf life of the goods is set at 24 months from the date of manufacture of the goods, unless otherwise stated on the product packaging. The seller guarantees the quality of the paint, provided that the applicable standards for the storage of paints and application procedures are observed. The seller undertakes to cooperate in handling any complaints under the provisions of the Civil Code.
- The goods sold are charged at contractual prices (Act on Prices No. 526/90 Coll.). Prices are charged VAT in the amount according to the applicable legislation.
- The seller is entitled to invoice the agreed purchase price on the day of dispatch, i.e. on the day of handing over the goods to the buyer or the first carrier. The day of payment of the invoice is the day of crediting the invoiced amount to the seller’s account. For each day of delay in paying the invoice after the agreed due date, the buyer is obliged, in accordance with the provisions of Section 1802 of the Civil Code, to pay interest on arrears in the amount of 0.05% per day on the amount due until payment.
- Invoices issued in EUR must be paid exclusively to the seller’s EURO account. Other payments of invoices issued in EUR are possible only after a written agreement with the seller. For the calculation of the tax base and the amount of VAT, the ČNB (Czech National Bank) exchange rate on the first day of the month in which the invoice was issued shall be used for invoices issued in EUR.
- The buyer becomes the owner of the goods only at the moment of their full payment.
- The seller is not obliged to satisfy the performance obligation provided that the buyer has not paid any overdue liability to the seller from the previous period.
- In the event that the buyer ceases to exist, whether by division, merger, integration or cancellation with or without liquidation, or the sale of the company or part thereof, or the investment of the company or part in another company is to happen, the buyer is obliged to immediately notify the seller, including the legal successor and liquidator. By failing to comply with this obligation, the buyer is obliged to pay damages. In the event that the buyer is insolvent or a petition is filed against him/her, or insolvency proceedings are instituted against him/her, the seller is entitled to demand immediate payment for all invoices.
- All disputes arising from and in connection with this contract will be ultimately decided in arbitration proceedings before the Arbitration Court at the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic in Prague, Vladislavova 1390/17, 110 00 Prague 1, by the sole arbitrator appointed by the President of the Court according to its Rules of Procedure.
- These General Terms and Conditions replace all existing terms and conditions of the seller and are an integral part of the purchase contract.