General Terms and Conditions
Company: Lukáš Laštůvka (Modular Pits)
- IČO: 05755654
These general terms and conditions (hereinafter referred to as the “terms”) govern, in accordance with the provisions of Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code, all contractual relationships between the company Lukáš Laštůvka (hereinafter referred to as the “supplier”) and the entity with which the contractual arrangement is concluded (hereinafter referred to as the “customer”) regarding the supply of goods from the supplier’s range.
I. General provisions
- The conclusion of all contracts between the supplier and the customer (in particular purchase contracts and contracts for work) is governed exclusively by these terms and conditions, unless otherwise agreed in writing between the parties.
- The customer’s deviating terms and conditions are not binding on the supplier, even if the supplier does not expressly disagree with them.
- Telephone and oral agreements are binding only after their written confirmation by the supplier via registered mail or e-mail.
- By concluding the contract, all previous agreements become invalid, unless otherwise stipulated.
II. Offers
- The designation of the goods corresponds to the supplier’s commercial and technical documentation.
- Offers and offer catalogues are not binding unless otherwise stated.
- The supplier reserves the right to make technical improvements or changes to the design of the goods.
- The documents for the offer (copies, descriptions, etc.) remain the property of the supplier and are protected by copyright.
- The quality and design of the goods are determined by the contract; if not stated, the provisions of Section 2095 of the Civil Code apply.
- Orders must be specified according to the offer. The supplier is not liable for damage caused by incorrect data.
III. Conclusion of a purchase contract
- A proposal for the conclusion of a contract (order) is binding if it is sufficiently specific and contains the will of the customer to be bound by its acceptance.
- Proposals that are not sufficiently specific or do not contain the will of the customer are not binding.
- The order and its changes are binding only after written or e-mail acceptance by the supplier, which is made by an authorized person.
- The contract is concluded at the moment of acceptance of the order by the supplier.
- Orders are accepted only on the condition that the general terms and conditions attached to the acceptance apply to the contractual relationship.
- The customer agrees to the terms and conditions either by express confirmation sent to the supplier or by taking over the ordered goods and confirming it on the delivery note, unless he objects in advance.
- The supplier may, instead of accepting the order, request the conclusion of a standard contract based on order.
- In the event of a request for a standard contract, the statutory rules for concluding contracts apply.
IV. Purchase price
- The prices stated in the contract/order confirmation are the prices agreed upon within the meaning of Section 2, paragraph 1 of Act No. 526/1990 Coll. on prices.
- Prices are understood in CZK/pc, unless expressly stated otherwise.
- All conditions stipulated in the contract/order confirmation apply to the prices stated in the contract/order confirmation.
- The prices stated in the contract/order confirmation do not include the costs of packaging and transportation specified in the technical documentation of the relevant goods, unless otherwise agreed.
- The prices stated in the contract/order confirmation do not include:
- (i) VAT (will always be charged at the current applicable amount in accordance with the relevant legal regulations),
- (ii) insurance during transportation,
- (iii) freight.
V. Delivery period
- The confirmed delivery period means, unless otherwise agreed in writing, the status of the goods in the supplier’s warehouse. The delivery period begins to run on the date of conclusion of the contract.
- Adherence to the delivery periods is assumed to be the timely delivery of all documents and approvals that the customer is to deliver to the supplier, as well as compliance with the agreed payment terms and other obligations of the customer. If the customer fails to meet these obligations on time, the delivery periods are extended accordingly.
- If the supplier is late with the delivery, it may notify the customer of a reasonable additional period for its delivery. Acceptance of this additional period by the customer changes the delivery period and the customer is not entitled to compensation for damages or contractual penalties. In the event of a delay by the supplier in delivering the goods, the customer is entitled to claim compensation for damages no earlier than one month after the date on which the supplier was requested in writing to fulfil the delivery. After the additional period has expired in vain, the customer may withdraw from the contract.
- Failure to meet deadlines caused by force majeure (e.g. mobilization, war, uprising, strikes, lockouts) causes a reasonable extension of the delivery deadlines.
- In the event of failure to deliver by its subcontractors, the supplier reserves the right to a reasonable extension of the delivery deadline or the right to unilaterally withdraw from the contract, without the customer having any claims arising from this withdrawal, with the exception of the right to immediate refund of the performance already provided. The contracting parties will consider such a case to be force majeure if the delay or cancellation of the subcontract was not caused by the supplier.
- The customer will be informed immediately of the unavailability of the goods or other performance.
VI. Method of delivery
- The delivery terms are determined by the supplier for each individual business case. If the contracting parties have agreed to ship the goods, the delivery will be fulfilled by handing over the goods to the carrier at the supplier’s warehouse.
- The transport costs are borne by the customer, unless otherwise agreed in the contract.
- The method of transport is determined by the supplier, respecting the maximum cost-effectiveness of transport, unless otherwise expressly requested by the customer.
- When shipping the goods, the supplier is obliged to clearly mark the delivered goods as a shipment for the customer.
- The risk of damage to the goods passes to the customer at the moment the supplier makes the goods available to the customer in its warehouse.
- In the case of dispatch of goods, the risk of damage passes to the customer at the moment when the goods are handed over to the carrier.
- If the customer is in delay in taking over the goods and the supplier has the goods with him or can otherwise dispose of them, he must take reasonable measures to preserve the goods.
- The supplier is entitled to store the goods himself at the expense and risk of the customer or to store them in the warehouse of the carrier or with a third party.
- If the acceptance of the goods is delayed by more than one month from the notification that the goods are ready for shipment, the supplier is entitled to charge the customer a contractual penalty of 0.05% of the price of the goods including VAT for each month begun.
- The supplier’s right to compensation for damages is not affected by this.
- If the customer is more than three months late in accepting the goods, the supplier is entitled to withdraw from the contract.
- Obvious defects in the goods will only be recognized if the customer or a person authorized by him after accepting the goods immediately complains about these defects in person when accepting the goods from the customer or on the consignment note confirming receipt of the goods from the carrier.
- The supplier reserves the right to make partial deliveries within the overall order and to charge the costs associated with their transport and packaging separately.
- Limitation of damages:
- a) The customer has the right to compensation for damages against the supplier that arise in a causal connection with the supplier’s non-intentional breach of obligation, only up to one half of the purchase price excluding VAT of the goods delivered, from which the supplier’s breach of obligation arose.
- b) The contracting parties have agreed that only actual damage will be paid, not lost profit, and that the total amount of compensation for damages that the supplier will be obliged to pay to the customer for all breaches of obligation will in no case be higher than one half of the purchase price excluding VAT of the goods delivered, from which the supplier’s breach of obligation arose.
- c) The customer also waives the right to compensation for damages due to the supplier’s breach of obligation to deliver goods without defects, if the supplier satisfies the customer’s claims under liability for defects in the goods.
VII. Payment terms
- The supplier has the right to issue a tax document immediately after handing over the delivered goods to the carrier in the event of sending the goods to the customer, otherwise immediately as soon as the supplier makes the goods available to the customer in its warehouse.
- The supplier’s goods must be paid for within 14 days of handing them over to the carrier or handing them over to the customer. After this period, payment is considered late.
- Deviations from this arrangement must be agreed upon by special agreement.
- Payment means crediting the payment to the supplier’s account.
- In the event of the customer’s delay in payment, the customer is obliged to pay contractual interest on delay in the amount of 0.05% of the invoiced price including VAT for each commenced day of delay, unless otherwise agreed in the contract.
- The supplier’s right to compensation for damages is not affected.
- In the event of a delay by the customer in fulfilling its payment obligations, the supplier is entitled to withdraw from the contract in question, or from all other contracts with the customer that have not yet been fulfilled.
- The customer is entitled to set off against the supplier’s claims only those of its own that are recognized by a final court decision or in arbitration proceedings.
- The customer is not entitled to assign his receivables from the business relationship with the supplier or parts thereof to third parties without the supplier’s prior written consent.
- The customer agrees that the supplier is entitled to set off against all receivables from all business relations with the customer, including against the customer’s unpaid, conditional, time-barred and future receivables, and the supplier is also entitled to use his unpaid, conditional, time-barred and future receivables for set-off.
- For a breach of the customer’s obligation that led the supplier to withdraw from the purchase contract, a contractual penalty of 25% of the purchase price of the goods, including VAT, is agreed, which the customer is obliged to pay to the supplier no later than seven (7) days after the supplier has requested payment in writing.
- Payment of the contractual penalty does not affect the supplier’s right to compensation for the damage incurred.
VIII. Ownership of the goods
- Until the purchase price is paid in full, the goods remain the property of the supplier.
- During the period of retention of title, the customer is not entitled to suspend or transfer ownership of the goods as security or otherwise dispose of the goods.
- The customer is obliged to inform the supplier without undue delay of any fact that could jeopardize its ability to fulfill its obligations under business cooperation with the supplier, in particular the initiation of insolvency proceedings, a bankruptcy decision, or the initiation of any judicial, arbitration or administrative proceedings against the customer that could jeopardize the customer’s payment obligations.
- If the customer fails to comply with his information obligation or provides false or inaccurate information, the supplier is entitled to withdraw from all contracts.
- The supplier is also entitled to withdraw from all contracts if insolvency proceedings are initiated against the customer.
IX. Compliance with the contract, warranty
- The supplier is responsible for ensuring that the goods sold are free of defects upon receipt and provides a warranty for their quality and functionality.
- If the goods have defects, the customer has the right to demand that the supplier repair the goods free of charge and within a reasonable period of time, if the defect is repairable, or replace them if the defect is irreparable.
- If the supplier does not eliminate the defect within a reasonable period of time, the customer may request a discount on the purchase price.
- The costs of repair, delivery of replacement goods, and transportation in the event of a justified complaint shall be borne by the supplier. The customer is obliged to calculate and document the necessary costs associated with the complaint.
- If the complaint is rejected as unjustified, the supplier shall state this fact in the complaint report and the customer shall not be entitled to compensation for the costs incurred. On the contrary, the supplier must reimburse the costs incurred by an unjustified complaint.
- Minor changes in color, structure or materials compared to the sample or catalog, if the functionality is not affected, are not considered defects.
- Claims for liability for defects do not arise in the event of insignificant deviations from the agreed properties, natural wear, improper use, excessive stress or the effects of external influences not foreseen in the contract.
- If the customer or a third party carries out unprofessional changes or repairs, claims for liability for defects are not recognized.
- The warranty does not apply to defects caused by normal wear and tear, improper use, improper storage or transport.
- The warranty also does not apply if the instructions for use are not followed.
- For goods sold at a lower price, the warranty does not apply to defects due to which the price was reduced.
- For used goods, the supplier is not liable for defects corresponding to the degree of wear and tear upon acceptance.
- The standard warranty period is 12 months.
- The warranty period begins upon acceptance of the goods by the customer.
- Repair or replacement of goods does not establish the start of a new warranty period.
- ComplaintsThe customer shall claim defects arising later in the following manner:
- In writing or electronically to the supplier’s contacts:
- Address: supplier’s registered office
- Tel.: +420 607 272 533
- E-mail: info@modularypits.com
- It is necessary to state:
- Type and serial number of the goods/spare part.
- Exact description of the defect.
- The claim requested under the title of liability for defects.
- Contact details of the person authorized to handle the complaint.
- In writing or electronically to the supplier’s contacts:
X. Other provisions
- The contracting parties expressly agree that, unless otherwise provided in these terms and conditions, they exclude the application of all dispositive provisions of the Civil Code that would entitle the customer to withdraw from the contract.
- All legal relationships and claims arising from the contract are governed by Czech law, in particular the Civil Code (Act No. 89/2012 Coll., as amended).
- If the contractual relationship between the supplier and the customer is subject to mandatory provisions of the law that stipulate different conditions, these provisions shall prevail over the text of the general terms and conditions.
- If any provision of these general terms and conditions becomes ineffective, the other provisions shall remain valid and effective.
- Any additional or different agreements to these general terms and conditions must be agreed in writing and shall only become effective upon signature by both contracting parties. parties.
- Legal disputes arising from contracts concluded on the basis of these terms and conditions or in connection with them will be finally settled by the competent court according to the defendant’s registered office.
- The customer acknowledges and agrees that data from contractual relationships will be stored and processed by the supplier for its own use.
These general terms and conditions are valid from 15. 12. 2024.