{"id":768,"date":"2021-04-23T11:26:57","date_gmt":"2021-04-23T09:26:57","guid":{"rendered":"https:\/\/valplast.sk\/?page_id=768"},"modified":"2022-06-13T16:31:52","modified_gmt":"2022-06-13T14:31:52","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/valplast.sk\/en\/general-terms-and-conditions\/","title":{"rendered":"GENERAL TERMS AND CONDITIONS"},"content":{"rendered":"\t\t
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\n\t\t\t\t\t\t\tHome<\/a>\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t-<\/span>GENERAL TERMS AND CONDITIONS<\/span>\n\t\t\t\t\t <\/div>\n \t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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General terms and conditions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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General Terms and Conditions for the\nSupply of Goods and Services of <\/span><\/b>VALPLAST CZ, spol. s r.o., Comp. Reg. No.: 29315379<\/span><\/o:p><\/span><\/p>

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1.       \n<\/span><\/span>SUBJECT\nMATTER<\/span><\/o:p><\/span><\/p>

1.1       <\/span><\/span>To the extent of Act No. 89\/2012\nColl. of the Civil Code as amended, these General Terms and Conditions\n(hereinafter referred to as the \u201cGTC\u201d) regulate the mutual rights and\nobligations between the parties VALPLAST CZ, spol. s r.o., Comp. Reg. No. 29315379,\nwith its registered office at Bohunick\u00e1 728 \/ 24a, 619 00 Brno, registered\nunder file no. C 77174 at the Regional Court in Brno (hereinafter referred to\nas the \u201cSupplier\u201d) and the customer (hereinafter referred to as the\n\u201cCustomer\u201d).<\/span><\/o:p><\/span><\/p>

1.2       <\/span><\/span>The GTC form an integral part of the\nrelevant Contract, including without limitation the purchase contract, contract\nfor work, offers, order confirmation, entered into between the Supplier and the\nCustomer (hereinafter referred to as the \u201cContract\u201d).<\/span><\/o:p><\/span><\/p>

1.3       <\/span><\/span>If the Supplier is not the owner of\nthe Goods delivered and only mediates the given transaction, only those\nprovisions of these General Terms and Conditions that are relevant for the\ngiven transaction will apply mutatis mutandis between the parties.<\/span><\/o:p><\/span><\/p>

1.4       <\/span><\/span>The entering into of all Contracts\nbetween the Supplier and the Customer is governed exclusively by these GTC,\nunless otherwise agreed between the parties in writing. Any other business\nterms and conditions of the Customer are not binding on the Supplier even if\nthe Supplier has not explicitly expressed its disagreement with them. Any\nprevious and future telephone or oral arrangements and assurances are binding\nonly upon written confirmation by the Supplier. Written confirmation can be in\npaper or electronic form.<\/span><\/o:p><\/span><\/p>

1.5      \n<\/span><\/span>In\nthe event of a conflict between the Supplier\u2019s GTC and the Customer\u2019s business\nterms and conditions, the provisions of Section 1751 (2) of the Civil Code will\napply. These Terms and Conditions fully and completely supersede any terms and\nconditions of the Customer. The Customer\u2019s business terms and conditions do not\napply in this contractual relationship.<\/span><\/o:p><\/span><\/p>

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2.       \n<\/span><\/span>Offers<\/span><\/o:p><\/span><\/p>

2.1       <\/span><\/span>The name of the Goods corresponds to\nthe commercial and technical documentation of the Supplier or the Manufacturer.\nOffers are not binding if they are descriptions and images of the Goods. The\nSupplier or the Manufacturer reserves the right to make technical and design\nchanges, improvements and modifications to the Goods.<\/span><\/o:p><\/span><\/p>

2.2       <\/span><\/span>All information contained in the\nSupplier\u2019s or Manufacturer\u2019s offer remains the Intellectual Property of the\nSupplier or the Manufacturer and is considered confidential. Any communication\nof this information to third parties without the prior explicit and written\nconsent of the Supplier or the Manufacturer is not permitted. Breach of this\nprovision by the Customer is considered a gross breach of the contractual\nrelationship between the Supplier and the Customer, and the Supplier has the\nright to withdraw from the Contract and may demand a contractual penalty to be\npaid by the Customer, amounting to 50 percent of the agreed purchase price or\nprice of the work, but at least 100,000 CZK. However, this does not affect the\nSupplier\u2019s right to compensation for damages in full. This agreement on the\nconfidentiality of information also applies in the event that a contractual\nrelationship with the Customer is not entered into under the Supplier\u2019s offer.\nIn such a case, any benefit to the Customer arising from the unauthorised use\nof this confidential information belongs to the Supplier in full. This does not\naffect the above contractual penalty in any way.<\/span><\/o:p><\/span><\/p>

2.3       <\/span><\/span>All orders and any changes to them\nare binding only from the moment when they are confirmed in writing by an\nauthorised person of the Supplier or the Manufacturer. These GTC are always\npart of the order confirmation, and the Customer expresses its unconditional\nconsent to them. The Customer expresses its consent to these GTC, inter alia,\nby accepting the Goods from the Supplier or, where applicable, the Manufacturer\nor in any similar implicit manner.<\/span><\/o:p><\/span><\/p>

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3.       \n<\/span><\/span>Purchase\nPrice, Payment and Delivery Terms and Conditions<\/span><\/o:p><\/span><\/p>

3.1       <\/span><\/span>Prices are based on the\nManufacturer\u2019s recommended prices of the Goods. The preferred currency is EUR,\nor the price in CZK can be agreed by currency conversion \u2013 sale at Komer\u010dn\u00ed\nbanka, a.s., with its registered office in Prague 1, Na P\u0159\u00edkop\u011b 33, No. 969,\npostcode 114 07, Comp. Reg. No. number 45317054. Other currencies are not\npreferred unless explicitly stated otherwise. It is necessary to add the\ncurrent VAT rate or customs duty to the price under the tax and customs laws\nand regulations in force.<\/span><\/o:p><\/span><\/p>

3.2       <\/span><\/span>The delivery terms and conditions\nare governed by INCOTERMS 2021. The price is always calculated using the EXW\nparity, i.e. in the production plant of the Manufacturer and does not include\nany costs associated with transport, packaging and insurance. Any deviation\nfrom these delivery terms and conditions must be enshrined in writing in the\ncontractual relationship between the Supplier and the Customer.<\/span><\/o:p><\/span><\/p>

3.3       <\/span><\/span>The Standard Terms and Conditions of\nPayment, unless otherwise enshrined in writing in the contractual relationship\nbetween the Supplier and the Customer, are set out as follows: 30% of the price\n\u2013 advance when ordering the Goods, 60% of the price \u2013 advance before delivery\nof the Goods, 10% of the price \u2013 surcharge after delivery of the Goods, all\nwith a maturity of 14 days net. Payment means crediting a payment to the\nSupplier\u2019s account in the full invoiced amount. Any fees associated with the\ntransfer of the amount are borne by the Customer. If the Customer refuses to\naccept the goods, or does not cooperate during the delivery or does not collect\nthe goods, even if the Supplier allows it, it is deemed that the Goods have\nbeen delivered and the Supplier is entitled to charge the remainder of the\npurchase price. If the Customer does not accept the Goods even 30 days from the\nmoment when it should have accepted the Goods, the Customer is obliged to pay\nthe Supplier a Contractual Penalty of 30% of the purchase price of the Goods\nand, at the same time, the Supplier is entitled to withdraw from the Contract.<\/span><\/o:p><\/span><\/p>

3.4       <\/span><\/span>In the event of the Customer\u2019s delay\nin paying the price for the performance under a Contract entered into with the\nSupplier, the Customer is obliged to pay the Supplier a contractual penalty of\n0.05% of the amount due for each day of delay. This contractual penalty does\nnot affect the Supplier\u2019s claim for damages in full or default interest.<\/span><\/o:p><\/span><\/p>

3.5       <\/span><\/span>In the event of ordering and\nnon-taking of the Goods by the Customer, the Customer will be charged for all\ncosts associated with this, such as unfulfilled delivery and\/or storage of the\nGoods until the delivery of the Goods. Storage of the Goods will be charged at\n0.3% of the price of the Goods for each commenced day of delay. The Goods thus\nstored will be released to the Customer only after complete payment of the full\nprice of the Goods, including storage and related costs. The Supplier will send\nthe Customer a request for payment of the amount due. The tax document will\nthen be issued after full payment of the full price of the Goods, including the\ncosts specified in clause 3.5. In the event of any delay in payment under a\nrequest for payment sent to the Customer, the Supplier is entitled to sell the\nGoods to another interested party. The Goods will be re-ordered and delivered\nto the original Customer at the earliest after payment of the advance invoice.\nIn such a case, the Supplier is not delayed in the delivery.<\/span><\/o:p><\/span><\/p>

3.6       <\/span><\/span>The Supplier and the Customer have\nagreed that within their contractual relationships, only undisputed receivables\nor receivables that have been granted to the Customer by a final and\nenforceable court decision are offset against the Supplier. The Customer and\nthe Supplier have further agreed that within their contractual relationships,\nall due and outstanding receivables are offset against the Customer regardless\nof their possible statute of limitations.<\/span><\/o:p><\/span><\/p>

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4.       \n<\/span><\/span> Performance Times, Delivery Time and Method of\nDelivery<\/span><\/o:p><\/span><\/p>

4.1       <\/span><\/span>In order to comply with the delivery\ndate, timely receipt of the order, Contract or any other necessary documents\nfrom the Customer is a prerequisite, as is compliance with the agreed payment\nterms and conditions or any other obligations, just as ensuring the readiness\nof the place for delivery and installation of the Goods, if this is necessary\nto commission them. If these prerequisites are not fulfilled in time and\nproperly, the delivery dates will be extended proportionately and the Supplier\ncannot be in delay with the delivery of the Goods until the expiry of the\nextended delivery date.<\/span><\/o:p><\/span><\/p>

4.2       <\/span><\/span>Binding confirmation of the delivery\ndate of the Goods by the Supplier is possible only after binding confirmation\nof the delivery date of the Goods, most often by a foreign\nManufacturer\/Supplier of the Goods. Unless otherwise agreed in writing, the\ndelivery date means the availability of the Goods in stock of the\nManufacturer\/Supplier.<\/span><\/o:p><\/span><\/p>

4.3       <\/span><\/span>If the Supplier is in delay with the\ndelivery of the Goods, it may inform the Customer of a reasonable additional\ndate for the delivery of the Goods. The change of the delivery date does not\nentitle the Customer to damages or a contractual penalty.<\/span><\/o:p><\/span><\/p>

4.4       <\/span><\/span>The Supplier may not be in delay in\nthe event of obstacles in its performance caused by force majeure which, no\nmatter how hard the Supplier tries, is not able to affect, in which case the Supplier\nwill not be in delay.  Force majeure\nincludes, for example, fires, floods, pandemics, closures and lockdowns\nresulting from pandemics, wars and similar conflicts, inability to perform,\ndelays by the Supplier\u2019s subcontractors and any downtime on the part of the\nSupplier or the Manufacturer. In the event of force majeure, the Customer is\nnot entitled to claim compensation for damage or other damage caused thereby,\nnor is the Customer entitled to a contractual penalty for delay in delivery of\nthe Goods. At the same time, it is irrelevant whether at the time of entering\ninto the Contract such a cause already existed, could have existed or occurred\nlater and whether it could have been foreseeable by one of the parties when\nsigning the Contract.<\/span><\/o:p><\/span><\/p>

4.5       <\/span><\/span>In the event of non-delivery of the\nGoods to the Supplier by the Manufacturer or subcontractors, the Supplier\nreserves the right to a reasonable extension of the delivery date or unilateral\nwithdrawal from the Contract without any Customer\u2019s claims against the Supplier\nexcept for the return of performance already provided. The Customer will be\nimmediately informed of such a condition by the Supplier.<\/span><\/o:p><\/span><\/p>

4.6       <\/span><\/span>Unless otherwise stated in the\nContract, the Goods are delivered by the Supplier by handing them over to the\nfirst carrier for the purpose of their transport for the Customer. If the\nnature of the delivery requires the installation of the Goods and commissioning\nand it is agreed between the Customer and the Supplier, the delivery is deemed\nto be completed when the acceptance certificate is signed by the Customer.<\/span><\/o:p><\/span><\/p>

4.7       <\/span><\/span>If the Customer refuses to sign the\nacceptance certificate, even though the Supplier has fulfilled its obligations\nunder the Contract (the device is functional and fulfils its purpose), or was\nready to fulfil them, the acceptance is considered to have taken place on the\nday of refusing to sign the acceptance certificate. The delivery of the Goods\nis also considered delivered officially and without defects if the Customer has\nstarted to use the subject-matter of the delivery. Defects and unfinished work\nthat do not prevent safe operation are not a reason for the Customer not to\naccept the Goods.<\/span><\/o:p><\/span><\/p>

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5.       \n<\/span><\/span>Retention\nof Title and Passing of the Risk of Damage<\/span><\/o:p><\/span><\/p>

5.1       <\/span><\/span>Retention of title \u2013 the Goods\nremain the property of the Supplier even after the Contract comes into force\nand effect, and after the Goods have been delivered to the Customer. Ownership\nof the Goods passes to the Customer at the earliest upon payment of their full\nprice and fulfilment of all claims made by the Supplier against the Customer on\nthe basis of contractual relationships, including payment of any contractual\npenalties and unpaid obligations from previous contractual relationships\nbetween the Supplier and the Customer.<\/span><\/o:p><\/span><\/p>

5.2       <\/span><\/span>During the period of retention of\nownership, the Customer is not entitled to pledge such Goods to a third party\nand manipulate them in this regard in any way. The Customer is obliged to\nnotify the third party of this condition (retention of ownership) when such\nGoods are seized, confiscated or otherwise disposed of by a third party, and to\ninform the Supplier immediately.<\/span><\/o:p><\/span><\/p>

5.3       <\/span><\/span>If the Customer breaches the\nobligations under the contractual relationship between the Supplier and the\nCustomer, especially if the Customer is in delay with the payment of its financial\nobligations, the Supplier is entitled to demand the return of such Goods\nsubject to retention of the title to the Supplier, even without being necessary\nto withdraw from the Contract. In such a case, the Customer is obliged, at its\nown expense and at the Supplier\u2019s request, to give the Goods to the Supplier\nwithout delay by delivering them directly to the Supplier\u2019s warehouse or giving\nthem to a carrier or any other person authorised by the Supplier to deliver the\nGoods to the Supplier\u2019s warehouse within seven days of notice. Otherwise, the\nCustomer is obliged to pay the Supplier a contractual penalty of 2 percent of\nthe price of unreturned goods per day, until they are accepted by the Supplier,\nbut at least CZK 50,000 (this does not affect the Supplier\u2019s claim for damages\nin full); and at the same time it is deemed that the Customer gives permission\nfor the Supplier to take the Goods in question from the place where the\nCustomer placed the Goods at the Customer\u2019s expense.  <\/span><\/o:p><\/span><\/p>

5.4       <\/span><\/span>The risk of damage to the Goods\npasses to the Customer by handing over the Goods to the first carrier at the\nSupplier\u2019s or, where applicable, the Manufacturer\u2019s warehouse in accordance\nwith Section 2123 of the Civil Code, unless expressly agreed and confirmed\notherwise by the Supplier.<\/span><\/o:p><\/span><\/p>

5.5       <\/span><\/span>The Supplier reserves the right to\nmake partial deliveries within the total order and to charge the costs\nassociated with their transport and packaging separately.<\/span><\/o:p><\/span><\/p>

5.6       <\/span><\/span>The Customer undertakes to provide\nits economic data to the Supplier, if requested, within seven days of receipt\nof such a request by the Customer. These are mainly the balance sheet, profit\nand loss statement, cash flow and auditor\u2019s report, if available. This\ninformation may be requested by the Supplier in order to assess the Customer\u2019s\nability to meet its payment obligations. In such a case, the Supplier\nundertakes to treat this information as Confidential Information and not to\ndisclose such information to third parties. The Customer is also obliged to\ninform the Supplier without undue delay of any fact that could endanger the\nfinancial stability of the Customer and its ability to fulfil the obligations\narising from the Contracts entered into with the Supplier. Such facts include,\nincluding without limitation, the commencement of insolvency proceedings,\ndeclarations of being insolvent, the initiation of any litigation, arbitration\nor administrative proceedings against the Customer which could result in a\nthreat to the Customer\u2019s payment obligations. In the event that the Customer\ndoes not meet this obligation to provide the above information, the Supplier is\nentitled to withdraw from this Contract and take back all Goods delivered. In\nsuch a case, the Customer is obliged, at its own expense and at the Supplier\u2019s\nrequest, to give the Goods to the Supplier without delay by delivering them\ndirectly to the Supplier\u2019s warehouse or giving them to a carrier or any other\nperson authorised by the Supplier to deliver the Goods to the Supplier\u2019s\nwarehouse within seven days of notice. Otherwise, the Customer is obliged to\npay the Supplier a contractual penalty of 2 per cent of the price of the\nunreturned Goods per day (this does not affect the Supplier\u2019s claim for damages\nin full), until it is accepted by the Supplier, but at least CZK 50,000, and at\nthe same time it is deemed that the Customer gives permission for the Supplier\nto take the Goods in question from the place where the Customer placed the\nGoods at the Customer\u2019s expense.<\/span><\/o:p><\/span><\/p>

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6.       \n<\/span><\/span>Bill\nof Exchange<\/span><\/o:p><\/span><\/p>

6.1       <\/span><\/span>At the Supplier\u2019s request, the\nCustomer is obliged to issue a promissory blank bill of exchange issued for the\nSupplier, without protest, without a specified due date and the bill of\nexchange amount which secures the Customer\u2019s obligations specified in this\nContract within seven days from the delivery of the Supplier\u2019s invitation. If\nfailing to meet this obligation, the Customer is obliged to pay the Supplier a\ncontractual penalty of 2 per cent of the unpaid price of the Goods per day, but\nat least CZK 50,000 (this does not affect the Supplier\u2019s claim for damages in\nfull) and at the same time it is deemed that the Customer gives permission for\nthe Supplier to collect the Goods in question from the place where the Customer\nplaced the Goods at the Customer\u2019s expense. At the same time, the Supplier is\nentitled to withdraw from the Contract immediately in such a case. The issuance\nof such a bill of exchange does not exclude the right of the Supplier to\nsimultaneously demand the return of the Goods delivered.<\/span><\/o:p><\/span><\/p>

6.2       <\/span><\/span>If the Customer fails to meet any of\nthe obligations under this Contract properly and on time, the Supplier is\nentitled to fill in the bill of exchange amount, due date and apply the bill of\nexchange. The Supplier is entitled to fill in any date as the due date\nfollowing the day on which the Customer became delayed in fulfilling any of its\nobligations under this Contract. As a bill of exchange amount, the Supplier is\nentitled to fill in the total amount of the obligation, the fulfilment of which\nthe Customer is in arrears or even a lower amount.<\/span><\/o:p><\/span><\/p>

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7.       \n<\/span><\/span>Installation,\nAssembly, Commissioning<\/span><\/o:p><\/span><\/p>

7.1       <\/span><\/span>If stipulated by the Contract, the\nSupplier will install, assemble and commission the Goods. The Customer is\nobliged to ensure timely construction and technical readiness and cooperation\nfor the delivery and commissioning of the device, including the disposal of\npackaging used and waste generated during the installation. Such terms and\nconditions are defined in more detail in the Directive \u201cFramework Terms and\nConditions for Assembly of VALPLAST CZ, spol. s r.o.\u201d, freely accessible on the\nSupplier\u2019s website (<\/span>https:\/\/valplast.sk\/cs\/vseobecne-obchodni-podminky<\/a><\/span>) or available on request from the\nSupplier\u2019s service department, or a similar Manufacturer\u2019s regulation.<\/span><\/o:p><\/span><\/p>

7.2       <\/span><\/span>If the installation, assembly and\ncommissioning are delayed due to the Customer\u2019s circumstances and which the\nSupplier cannot influence and for which the Supplier is therefore not liable,\nthe Customer bears the Supplier\u2019s costs incurred in connection with waiting or necessary\nadditional trips of the Supplier or assembly personnel.<\/span><\/o:p><\/span><\/p>

7.3      \n<\/span><\/span>If\nthe installation, assembly and commissioning is made by the Supplier or, where\napplicable, by the Manufacturer, the Customer is not entitled to unpack the\nGoods delivered without the presence of a person authorised by the Supplier or,\nwhere applicable, the Manufacturer to perform the installation, assembly and\ncommissioning, unless otherwise agreed between the Supplier and the Customer.\nIf the Customer does so despite this, it completely loses the rights from the\nliability for defects of the Delivery and the rights from the contractual\nwarranty. The Customer has the right to check the integrity of the packaging\nupon delivery of the Goods, in which case later complaints will not be taken into\naccount.           <\/span><\/o:p><\/span><\/p>

8.       \n<\/span><\/span> Rights from Liability for Defects, Warranty,\nComplaints<\/span><\/o:p><\/span><\/p>

8.1       <\/span><\/span>The length of the warranty period on\nGoods or Work is defined in the Contract. Unless otherwise agreed in the\nContract, the contractual warranty for the Goods or Work delivered is not provided\nto the Customer.<\/span><\/o:p><\/span><\/p>

8.2       <\/span><\/span>For Goods sold at a price lower than\nusual or for NTP materials, any contractual warranty does not apply to defects\nfor which a lower price has been agreed. In the case of used items, the\nSupplier is not liable for defects corresponding to the degree of use or wear\nand tear that the Goods had when accepted by the Customer.<\/span><\/o:p><\/span><\/p>

8.3       <\/span><\/span>Unless the parties expressly agree\notherwise in writing in a specific case, the Supplier is obliged to remedy\ndefects within 180 days of its notification.<\/span><\/o:p><\/span><\/p>

8.4      \n<\/span><\/span>Defects\nin deliveries caused by unprofessional or unauthorised intervention by the\nCustomer or third parties and defects for which it has not been proven they\nhave been caused by the use of defective material, faulty construction or\nincomplete processing are excluded from the warranty. Warranty does not cover\ndefects on machine-technological devices that are subject to natural wear, as\nwell as defects caused by natural wear, incorrect maintenance, non-compliance\nwith the operating instructions, excessive stress, improper storage, use of\noperational devices and conditions, chemical and electrolytic effects,\natmospheric disturbances, construction and assembly work of persons other than\nthe persons of the Supplier or, where applicable, the Manufacturer or persons\nauthorised by them and all other causes not caused by the Supplier or, where\napplicable, the Manufacturer. The warranty does not also apply to any materials\nsupplied by the Customer and to the design solutions used by the Customer and\nthe resulting safety and functionality of the supplies. The Supplier is only\nliable for the products and Goods of third parties delivered by the Supplier\nwithin the scope of the warranty terms and conditions of such third parties.\nThe right to make a complaint does not arise in the case of insignificant\ndeviations from the agreed properties or standards, or in the case of a\nnegligible limitation of the usability of the Goods. For Goods requiring\nprofessional installation, the warranty applies only to Goods installed by the\nSupplier or, where applicable, the Manufacturer or persons authorised by them.<\/span><\/o:p><\/span><\/a><\/p>

8.5       <\/span><\/span>The usual properties of the\nmaterials used are also not considered defects.<\/span><\/o:p><\/span><\/p>

8.6       <\/span><\/span>Complaints due to incomplete\ndelivery of the Goods must be made no later than 3 working days from the\ndelivery of the Goods to the Customer. Complaints due to damage to the Goods\nduring transport and handling must be made to the carrier immediately upon\nreceipt of the Goods, it is necessary to make sufficient photo documentation of\nthe case and to write a complaint report with the carrier. The Customer is\nobliged to immediately inform the Supplier of the fact. Otherwise, such a\ncomplaint cannot be settled.<\/span><\/o:p><\/span><\/p>

8.7       <\/span><\/span>The Customer is obliged to report\nthe complaint due to obvious defects of the Goods to the Supplier upon delivery\nof the Goods, for hidden defects within 3 working days from the moment when the\nCustomer had and could have found out the defects as a prudent manager. Any\nsubsequent complaints and claims will not be taken into account.<\/span><\/o:p><\/span><\/p>

8.8       <\/span><\/span>All complaints made must be in\nwriting (email or registered letter), and the claimed defect must be described\nin detail. <\/span><\/o:p><\/span><\/p>

8.9       <\/span><\/span>The Supplier decides exclusively on\nthe method of resolving the complaint.<\/span><\/o:p><\/span><\/p>

8.10    <\/span><\/span>The Customer must state the type,\nserial number or batch, quantity and delivery date of the Goods in the letter\nof complaint. The contact details of the person authorised to resolve the\ncomplaint in question must also be provided. A complaint that does not contain\nthe information stated in the previous sentences of this article is not\nconsidered proper, and the Supplier does not have to take it into account. <\/span><\/o:p><\/span><\/p>

8.11    <\/span><\/span>The Supplier or, where applicable,\nthe Manufacturer has the right to investigate on the spot whether the complaint\nis justified or not, and the Customer is obliged to allow them to do so. <\/span><\/o:p><\/span><\/p>

8.12    <\/span><\/span>In the event of a justified\ncomplaint, the Customer is not entitled to compensation for any of its costs\nassociated with the complaint. If the complaint is found to be unjustified, the\nCustomer is obliged to pay the Supplier or, where applicable, the Manufacturers\nall their costs incurred in connection with the complaint, including travel\ncosts.<\/span><\/o:p><\/span><\/p>

8.13    <\/span><\/span>In the event of an unjustified\ncomplaint, the Customer expressly agrees that the repair of the Goods should be\ncarried out by the Supplier (if the Supplier so decides) on the Customer\u2019s\naccount according to the Supplier\u2019s price list.<\/span><\/o:p><\/span><\/p>

8.14    <\/span><\/span>The Customer expressly acknowledges\nthat the Supplier excludes liability for any damage (except for the detriment\nto a person\u2019s natural rights, or caused by the Supplier intentionally or\nthrough gross negligence) which could occur under a contract with the Supplier\nat the Customer\u2019s.<\/span><\/o:p><\/span><\/p>

 <\/span><\/p>

9.       \n<\/span><\/span> Delivery<\/span><\/o:p><\/span><\/p>

9.1       <\/span><\/span>Unless otherwise agreed, all\ncorrespondence relating to the Contract must be delivered to the other party in\nwriting; by e-mail, in person or by registered mail through the postal service\nprovider (according to the sender\u2019s choice). <\/span><\/o:p><\/span><\/p>

9.2       <\/span><\/span>The message is delivered:<\/span><\/o:p><\/span><\/p>

a)   \n<\/span><\/span>In\ncase of delivery by e-mail, at the moment of its receipt, if such acceptance is\nconfirmed electronically to the sender by the addressee or by reply to the sent\nemail;<\/span><\/o:p><\/span><\/p>

b)   \n<\/span><\/span>In\nthe case of delivery in person or through a postal service provider, the communication\nis delivered no later than the third working day after sending, including\nrefusal to accept the consignment if the addressee (or the person authorised to\naccept the consignment on its behalf) refuses to accept the consignment.<\/span><\/o:p><\/span><\/p>

c)     <\/span><\/span>Via a text message, the moment of\ndelivery of the acknowledgment of receipt of the message to the sender\u2019s phone<\/span><\/o:p><\/span><\/a><\/p>

d)    <\/span><\/span>Via the data box<\/span><\/o:p><\/span><\/p>

 <\/span><\/p>

10.   \n<\/span><\/span>Definitions<\/span><\/o:p><\/span><\/p>

10.1    <\/span><\/span>Capitalised terms used in these\nGeneral Terms and Conditions have the following meanings:<\/span><\/o:p><\/span><\/p>

10.2    <\/span><\/span>Customer: A natural or legal person\nwho directly or indirectly procures Goods of the Supplier or, where applicable,\nthe Manufacturer, or with whom the Supplier has negotiated or entered into a\nContract<\/span><\/o:p><\/span><\/p>

Supplier: VALPLAST CZ, spol. s r.o., Comp. Id. No.: 29315379
\nManufacturer: Supplier\u2019s subcontractor or most often a foreign manufacturer of\nthe Goods, the sale or assembly, installation, commissioning, service of which\nis contractually provided or mediated by the Supplier in its business\nterritory.
\nGoods: Products of the Manufacturer or the Supplier and their subcontractors\nwhich are the subject matter of the Contract and all services performed by the\nSupplier or the Manufacturer in this context.<\/span><\/o:p><\/span><\/p>

Confidential information: Any information concerning the business\naffairs of the Supplier or the Manufacturer, or the Goods which are not freely\navailable. The obligation to maintain confidentiality continues even after the\nexpiration of this agreement.
\nIntellectual property: All technologies, trade secrets, know-how, information,\nprice lists and any other documentation of the Supplier or the Manufacturer.<\/span><\/o:p><\/span><\/p>

 <\/span><\/p>

11.    <\/span><\/span>FINAL PROVISIONS <\/span><\/o:p><\/span><\/p>

11.1    <\/span><\/span>Unless otherwise provided in the\npreceding parts of the Contract, the relevant articles of these common\nprovisions will apply.<\/span><\/o:p><\/span><\/p>

11.2    <\/span><\/span>These GTC completely replace any\nprevious version of the Supplier\u2019s GTC.<\/span><\/o:p><\/span><\/p>

11.3    <\/span><\/span>Any changes to the Contract are only\npossible in writing with the expressions of will of the parties in the same\ndocument. All amendments must be numbered chronologically. <\/span><\/o:p><\/span><\/p>

11.4    <\/span><\/span>All contractual relationships that\nare not expressly regulated by these GTC are exclusively governed by the law of\nthe Czech Republic. To resolve all and any disputes between the Customer and\nthe Supplier arising from a specific business relationship, the parties have\nagreed to use the court with jurisdiction in Brno, i.e. District or Regional\nCourt in Brno. <\/span><\/o:p><\/span><\/p>

11.5    <\/span><\/span>The Contract comes into force and\neffect upon its signing by the parties. <\/span><\/o:p><\/span><\/p>

11.6    <\/span><\/span>The Contract is made in two copies,\none copy of which will be received by each party.<\/span><\/o:p><\/span><\/p>

11.7    <\/span><\/span>The waiver by the other party of a\ndefault by one party will not affect that party\u2019s rights in respect of another\ndefault by the other party. Failure by either party to insist on the strict\nperformance of the other party will not constitute a waiver of that party\u2019s\nrights under this Contract.<\/span><\/o:p><\/span><\/p>

11.8    <\/span><\/span>If one or more provisions of this\nContract become invalid or unenforceable, the Contract as a whole will remain\nin full force, and only that portion of the Contract which is directly related\nto the reason for invalidity or unenforceability will be deemed invalid or unenforceable.\nThe parties undertake to replace or supplement this (these) provision(s) with a\nnew contractual arrangement so that the meaning and purpose of this Contract is\nmaintained, while respecting the will of the parties. Should any provision of\nthis Contract conflict with the law as a result of the issuance of a generally\nbinding law and regulation and this conflict would invalidate this Contract as\na whole, this Contract will be deemed never to contain such provision, and the\nparties will comply with the generally binding laws and regulations in this\nmatter.<\/span><\/o:p><\/span><\/p>

11.9    <\/span><\/span>Any reservation of the Customer to\nthe Supplier\u2019s proposal in the Contract, any amendments or to these GTC is\nexpressly considered a counter-proposal and must be approved by the Supplier.<\/span><\/o:p><\/span><\/p>

11.10  <\/span><\/span>In the event that any changes to the\nfacts stated in this Contract occur on the part of one or the other party (e.g.\nchange of registered office, bank account, etc.), the party incurring such\nchanges is obliged to notify the other party of such changes in writing. If the\nparty fails to do so, it will be liable to the other party for the damage\nincurred.<\/span><\/o:p><\/span><\/p>

11.11  <\/span><\/span>The parties declare that they agree\nwith the content of the Contract and that the Contract was drawn up as their\ntrue and free will, was not negotiated in distress or under otherwise\nunilaterally unfavourable conditions, is in accordance with the principles of\nfair trade and that it corresponds to their will, in witness whereof they\nattach their signatures.<\/span><\/o:p><\/span><\/p>

 <\/span><\/p>

In Brno on 10 May 2022<\/span><\/o:p><\/span><\/p>

 <\/span><\/p>

VALPLAST CZ, spol. s r.o.<\/span><\/o:p><\/span><\/p>

\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n<\/p>

 <\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Domov -GENERAL TERMS AND CONDITIONS General terms and conditions General Terms and Conditions for the Supply of Goods and Services of VALPLAST CZ, spol. s r.o., Comp. Reg. No.: 29315379   1.        SUBJECT MATTER 1.1       To the extent of Act No. 89\/2012 Coll. of the Civil Code as amended, these General Terms and Conditions (hereinafter […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"inline_featured_image":false,"footnotes":""},"class_list":["post-768","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/pages\/768","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/comments?post=768"}],"version-history":[{"count":8,"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/pages\/768\/revisions"}],"predecessor-version":[{"id":1623,"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/pages\/768\/revisions\/1623"}],"wp:attachment":[{"href":"https:\/\/valplast.sk\/en\/wp-json\/wp\/v2\/media?parent=768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}