- These “General Terms of Delivery” (hereinafter called “terms”) are considered to form an integral part of any purchase agreement upon which Böhm - extruplast sells goods (hereinafter called “relevant contract” and “seller”, respectively).
- Party-to-party relationships are provided for by the Act no. 513/1991 of the Collection, unless otherwise stated in the general commercial terms and general terms of delivery.
- If the parties exchange information that is considered confidential, the party that has received the information must not divulge it to a third party or use it for his benefit in breach of its original purpose, whether or not a contract has been made. The party to breach this duty is obliged to compensate the other party for inflicted damages.
- Each relevant contract becomes a binding document when the seller has notified the buyer of accepting the latter’s order (including the term of delivery, means of transportation and packing and related costs, insurance and others). Based on the order, the seller performs his obligations directly to the buyer.
Specification of the delivery of goods
- The buyer is obliged to hand over all specifications concerning the offer, packing and labelling of the goods to the seller in time. If the buyer does not provide the information to the seller in time and in due course, the seller is allowed to meet the terms of this contract in a way that is common to both parties or in a way that is usual in business practice, with respect to the nature of the goods, their volume and terms of delivery.
- The seller cannot be held liable for the buyer’s losses if they were induced by the buyer’s supplying erroneous or incomplete information to the seller about the transportation and packing of goods or other instructions thereon.
Term of delivery
- The seller has the right to deliver the goods before the term of delivery as specified in the contract, and the buyer must accept the goods. The seller is allowed to deliver the goods in batches. If the performance of the seller’s obligations to the buyer is subject to the buyer’s performing a given act or co-operating with the seller, then the seller is allowed to start fulfilling the contract only after the buyer has met the agreed terms or after he has enabled the seller to do so by co-operating with him.
Attachment of the risk of damages, Acquisition of title
- The risk of loss, destruction, impairment or devaluation of the goods is transferred to the buyer when the goods to be received by the buyer are handed over by the seller to the first carrier, or the moment the buyer is able to handle the goods.
- Title to the goods is transferred to the buyer after he has paid the total amount of the purchase price. In case the buyer has paid the purchase price before receiving the goods, he acquires title to the goods the moment he is allowed to handle the goods.
- The goods shall be insured at the express request of the buyer and at the expenses thereof.
Price and terms of payment
- The buyer is obliged to pay the purchase price for the goods and he is required to accept the goods in accordance with the contract.
- Unless the parties have agreed otherwise, the seller is only allowed to invoice the buyer for the goods after the buyer has received them. The invoice is to be paid within the time stated on it or within 14 days after the buyer has received the goods. The duty to pay the invoice is met on the date when the whole sum is entered on the seller’s account. In case of default in payment, the buyer is obliged to pay late charges of 20% of the outstanding sum p.a., beginning on the date when the invoice was due. The seller reserves the right for compensation for further losses due to default in payment.
- If the parties have agreed on securing obligations to pay the purchase price, the seller may refuse to deliver the goods until the security is established.
- In case an import surcharge, duty or another tariff making up the final price has been introduced or changed, the purchase price will rise accordingly. The price will also rise if there occurs an alteration in the foreign exchange rates affecting the amounts charged by the domestic and foreign invoices on the due date. The buyer is obliged to pay the balance of the purchase price within 14 days of the above date.
- The prices are subject to change and are based on current cost-determining factors. If the price range has been affected by a rise in the prices of raw material, power supply or wages, the buyer reserves the right to alter the purchase price accordingly. The buyer is considered to agree with the change in purchase price unless informing the seller to the contrary within three days of learning about the change.
- Unless otherwise provided for in individual cases, there is a discount of 2% on the overall price of the goods if the buyer has reimbursed the purchase price within 10 days. This holds unless there are other basic terms of payment on the part of the seller. The discount is offered on condition the buyer has complied with all payment obligations related to previous supplies. The discount does not cover the price of tools or orders amounting to less than CZK 2,000 net.
- The seller may accept bills of exchange or cheques instead of money, but he does not guarantee their early presentment or protest. In case the seller accepts a bill of exchange from the buyer, the buyer is obliged to pay discount bank charges. The seller must accept the bill but, at the same time, he reserves the right to return it at any time and request payment in cash instead. There is no discount in case the seller accepts a bill.
- The buyer is obliged to pay the purchase price without respect to the delivery of goods and/or his possible complaints. There will be no compensation whatsoever for the parties’ mutual claims or postponement of delivery or payment due to the buyer’s claims.
- If the buyer withdraws from the contract, the seller has the right to request compensation for the inflicted damages from the buyer.
- Complaints based on defective delivery, failure to deliver goods, breach of contract or other grounds will be settled by way of substitute delivery or additional repairs according to the decision of the seller. The terms remain the same as for the original delivery. The buyer may claim maximum damages equal to the purchase price.
- The buyer is obliged to notify the seller of receiving the goods within 24 hours of their arrival at the destination. The notification will contain: the trade name of the consignee, date of receipt, volume, carrier’s vehicle number, bill of lading number and trade name of the carrier.
- After the goods have arrived at the destination, the buyer is required to ascertain their state and volume. He will file a written complaint about the insufficient volume of goods within 48 hours of receiving the goods, in case he wishes to do so. Re-counting of the goods must be done in the carrier’s presence. If the buyer discovers detectable quality defects upon receiving the goods, he will, if he wishes to do so, lodge a written complaint against the seller within 48 hours of the arrival of the goods at the destination,.
- If the buyer wishes to do so, he will complain about any other defects immediately after discovering them, or within 10 days at the latest.
- The buyer is obliged to enclose with the complaint all relevant documents, so as to enable the seller to notify a foreign body, carrier, insurance company or any other institution in time and in due course. The buyer is required to submit his proofs of hidden flaws within 15 days of lodging the complaint. Complaints about insufficient volume of goods must be accompanied by the bill of lading, complaint report, confirmation slip from the vehicle driver and/or commercial record.
- The packaging material is exempt from freight within 14 days and it must be returned to the seller in a reusable state. Cardboard or inner packaging is not to be returned. No price is charged for the cartons of standard products delivered in standard packaging. The goods may be specially packaged (by way of cartons, boxes, crating and others) if the buyer considers it necessary or appropriate. The seller will charge the buyer a price amounting to the costs of the special packaging. The seller will return two thirds of the price to the buyer after receiving the packaging.
- Technical or user instructions from Böhm - extruplast, both written and oral, are for information only. They do not constitute the basis of a possible breach of the rights of third parties and they do not strip the buyer of his obligation to make sure that the received products are suitable for a given process or purpose. The seller may offer the same scope of guarantee as in the case of quality defects.
- All orders received during trade fairs and business trips, as well as orders received by travelling salesmen and representatives of Böhm - extruplast, take effect when they have been confirmed.
- The buyer hereby pledges for the seller, who represents, for this purpose, himself, other related companies, members of his institutions and his employees and agents, to fully compensate each of them for a balance consequent to the particular person’s liability, loss, damages, expenses, fees, costs (including all costs of legal advisory and related services), lawsuits, proceedings, enforced claims and demands, providing the person was affected by them and on condition that they were in direct or indirect consequence of or connection with a breach of one or more of the buyer’s duties under a relevant contract by and between the buyer and the seller.
- Information and advice from the seller to the buyer, whether written or oral and of whatever nature, is solely for the buyer’s use and cannot be transferred or made available in any way whatsoever to a third party without prior written permission from the seller. This is invalid as long as the information is generally known, unless it has been made public in consequence of a breach of these terms. It is also invalid if the information must be disclosed subject to legal regulations.
- The seller has the right to withdraw from the contract in case the buyer has not complied with the terms of payment or under such circumstances that might blemish the buyer’s credit trustworthiness. The withdrawal entails an immediate payment of all claims of the seller, disregarding terms of payment of previously accepted bills of exchange. The seller is obliged to complete his delivery after withdrawing from the contract providing the buyer has paid a deposit or has offered the seller a guarantee.
- The buyer is not allowed to transfer his rights based on the contract to a third party without express permission from the seller.
- All offers made by the seller are for information only. Samples and models comprise basic information. All contracts take effect after being signed by both parties thereto.
- These terms and all relevant contracts are governed by the laws of the Czech Republic and shall be construed in compliance therewith.
- The buyer agrees that, for the benefit of the seller, he will fall within the cognisance of Czech courts, that these courts are justified to make decisions concerning claims or disputes arising from any relevant contract, and that their decisions will be considered as binding, final and enforceable by courts in other countries. The seller reserves the right to appeal to other competent courts.