SERVIS CLIMAX, a.s.

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General shopping terms
 


§ 1 General provisions

 

1. These general provisions are a part of all offers and contracts for goods delivery and are binding on current and expectant business relations. Different shopping terms are deemed invalid unless otherwise agreed. All stipulations are considered binding after being signed by both sides.

§ 2 Subject matter of the purchase contract are the following bindings of the contractors:

 

a) on the part of the seller:
    - obligation to deliver the goods as ordered by the purchaser
    - obligation to transfer proprietary right to the delivered goods from the seller to the purchaser under the conditions stated in this contract
b) on the part of the buyer:
    - obligation to take the delivery of the goods as delivered by the seller
    - obligation to pay the agreed purchase price

The definition of goods as the subject of this contract:
     shading and garage devices manufactured and supplied by the seller as specified in the offer lists, contract of purchase or the certificates of delivery provided by the seller.


§ 3 Delivery

The delivery of the goods will be effected as agreed by the contractors:

1. Order:
    the good will be delivered by the seller to the purchaser on the basis of his written order based on the valid price list (see Appendix)
    the order must contain at least the following terms -
      a) The date of the issue of order, the date of delivery
      b) The specification of goods according to the agreed symbols
      c) The signature and seal of the purchaser

2. Time of delivery:
    - the deliveries are effected in form of weekly delivery transportation according to the specified delivery schedules in the Czech Republic
     
  • Horizontal venetian blinds:
  • Horizontal venetian blinds:
  • Vertical venetian blinds:
  • External blinds:
  • Garage door:
  • Anti insect screens:
  • Awnings
  • Exterior venetian blinds

  •  STANDARD, SUPER, DESIGN EKO, KLASIK
     Delivery term : 7 days
     
     ELEGANCE, MONOKOMANDO, non-standard specifications (slants, fully closing, slats 16x0,21mm, etc.)
     Delivery term : 14 days unless specified otherwise
     
     FINESSA, BLUE LINE
     Delivery term: 7 days
     non-standard specifications - individual agreement
     plastic slat
     Delivery term : 21 days
     
     ALUKON, alluminium/plastic slat, standard colour range
     Delivery term : 14 days
     ALUKON, RAL specification, extruded slat, non-standard specification
     Delivery term : 4 - 6 weeks
     
     Coiling ALUKON (standard colour range)
     Delivery term : 21 days
     RAL specification, non-standard specification
     Delivery term : 4 - 6 weeks
     
     standard version (solid frame, balcony door)
     Delivery term : 7 days
     coiling door and window, non-standard specification
     Delivery term : 14 days
     
     standard specification
     Delivery term : see price list (book 3, 5/2004)
     non-standard specification, atypical
     Delivery term : according to mutual agreement
     
     Type Z90, C80 (standar colour range)
     standard specification
     Delivery term : 14 days
     non-standard specification, non-standard colours (20 colours), atypical
     Delivery term : 5 - 6 weeks
     RAL colours
     Delivery term : according to offer
     Type EXT50, INT50
     Delivery term : 4 - 6 weeks


In case of regular weekly supplies (e. g. venetian blinds) is the deadline for received orders set on the third day preceding the day of delivery (12 a. m.). The orders received in due time will be manufactured and supplied within the appointed delivery.

    In case the purchaser orders large amounts of goods or the total order exceeds the capacity of production the seller has the right to adjust the delivery term to the capacity of production. The seller is obliged to advise the purchaser in writing or over the phone.

3. Delivery:
Unless agreed otherwise the seller will supply the goods to the agreed address. Methods of delivery:
    a) own delivery transportation (for valid extra charge)
    b) expeditory service (prices dependent on the transporter´s tariff)

    - if the point of supply differs from the address of the purchaser the purchaser is obliged to inform the seller over the phone and negotiate the price and the form of payment for the transportation of the goods

4. Method of delivery and packaging
    - the seller will pack the goods into standard PVC packaging
    - in case the purchaser requires different form of packaging he is obliged to specify this in the order and agree with the seller on the appropriate change of the price of the goods .

5. Transfer and tako over of the goods:
a) in case of own delivery transportation the purchaser will take over the goods at the point of delivery against the delivery confirmation on the invoice (that functions as a certificate of delivery). The invoice mentioned in the above paragraph is considered the document necessary for acceptance and use of the goods.
b) in case of delivery via expeditory service the obligation of delivery on the part of the seller is fulfiled by the handling over of the goods to the expeditory service.


§ 4 Purchase price

1.The purchase price is specified in the price listThe purchase price does not involve the price of installation and delivery of the goods. Both contractors have agreed on one year validity of the price discount. At the end of this period the seller is obliged to send new price terms to be agreed by the counterparty otherwise the existing conditions are valid until the new price discount is sent. In case there are changes in the cost of energy and other costs influencing the final price of the goods the seller has the right to chage the purchase price of the goods.

2. The decisive day in case of the price changes of different types of product is the day when the order was sent by the purchaser to the seller and the day when the offering list has been delivered by the seller to the purchaser. If the order had been sent to the seller before the changed offering list was delivered to the purchaser the original offering list is considered valid.

3. The seller reserves the right (according to the mutual agreement between the contractors) to provide individual purchase prices of the goods, e. g. in the form of price discount and quantity discount.

4. The counterparts have agreed on the given prices and price discounts according to the valid customer price list (books 1, 2, 3)


§ 5 Payment

1. The purchase price will be payed in cash on delivery.
2. If both contractors agreed on payment on invoice the invoice must contain all requirements as to invoices and fulfils the function of the certificate of delivery.


§ 6 Reservation of proprietary rights

Both contractors have agreed on that the purchaser gains proprietary rights to the goods at the moment of paying and take over of the goods.


§ 7 Change over form the risk of damage to property damage

The risk of damage changes over to the purchaser at the moment of delivery and take over of the goods.


§ 8 Defective items

1. The responsibility for defective items is given by § 422 of the Commercial Code and the following provisions

The seller provides 24 months guarantee on the delivered goods since the day of delivery. The purchaser is not responsible for the defects caused by misoperation by the user. The purchaser is obliged to instruct the third party to handling and function of the product.


§ 9 Delay

If the delivery was delayed due to the seller, the purchaser has the right to penalize the seller for the late delivery by 0,1% of the price of undilivered goods a day for each day of the delay.

If the payment is delayed due to the purchaser, the seller has the right to penalize the purchaser for the late payment by 0,1% of the amount due a day for each day of the delay.


§10 Miscellaneous provision

The contractors explicitly agreed on that this contract and the regime of the legal relationship resulting from the contract operate on the Commerical Code § 409 and following provisions. 513/1991 Coll.


§11 Packaging

The purchaser and the order party take over proprietory rights to the packaging of the goods according to law 477/2001 Coll.
 

      

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