Общие комерческие и подрядные условия

I.   The conclusion of the agreement

  1. The conclusion of any agreement concerning the sale and the delivery of merchandise produced by the GEA 2H Water Technologies s.r.o. company follows these General commercial and delivery conditions (further referred only as GCDC) exclusively.
  2. The agreement is legally valid on the bases of these GCDC and after our confirmation of the order.
  3. Any further changes, conditions and/or proposals of the agreement after its legal validation are obliged to have a written form and are required to be approved by all the participating parties.

 

II.   Payments and prices

  1. Any price offers made by GEA 2H Water Technologies, s.r.o. company are not binding until after our confirmation of the order.
  2. By the binding price it is understood the price listed in the price list of GEA 2H Water Technologies s.r.o. company on the delivery day.
  3. If there are no other agreements, the maturity day is the 30th day after the issuance of the trade invoice.
  4. In case of failure to pay the whole agreed price in accordance with the issued trade invoice, a common interest on late payment will be charged, minimum interest rate is 3% of the current interest rate of the Czech National Bank. No proofs of the actual losses due to the late payment are required.
  5. The ringing up of claims is allowed only with indisputable, genuine and valid claims.
  6. GEA 2H Water Technologies s.r.o. company accepts only discounted checks and/or bills of exchange. All bank fees are to be paid by the customer. Our company is not responsible for any claims in due time and/or protests for non-payment.

 

III.   Delivery times

  1. The delivery time is kept if by the time of the scheduled delivery time the merchandise has left our company and/or the customer has been informed that the merchandise is ready to be dispatched. If the shipment is late by the fault of our company, the customer must in written form set a new delivery time and deliver it to our company. If the delivery time is not kept for the second time, the customer has the right to request atonement and/or withdraw from the agreement. The value of the atonement is limited by the price of the merchandise that has not been delivered properly on time or was not delivered at all.
  2. The participating parties are not responsible for the failure to deliver/receive the merchandise in case of unforeseeable circumstances such as functionary malfunctions, power outage, lack of the man power, lack of raw materials, strikes, closures, complication with obtaining transport vehicles, traffic jams, government regulations and in case of force majeure. If any of this condition postpones the delivery/reception of merchandise for more than one month, the participating parties have the right to withdraw from the agreement. No further claims can be made by the withdrawing party.
  3. Partial deliveries are acceptable only when they do not interfere with the justified interests of the customer.

 

IV.   The shipment of merchandise and the affiliated risks

  1. The customer is responsible for all risks connected with the transportation of merchandise from the moment of its shipment. The same regulation is valid for partial deliveries.
  2. If the shipment is late by the fault of the customer, the responsibility for all risks begins at the time when the merchandise was ready to dispatch.
  3. If there are no other agreements, the merchandise is shipped directly from our factory. The customer is obliged to pay freight charges, customs, and other fees connected with the transportation of merchandise.
  4. Another agreement could be concluded in order to secure the insurance of merchandise. The customer is obliged to pay all fees connected with such an agreement.

 

V.   The safety regulations

All project documentation, specifications of merchandise, operating instructions, expense budget and other documentation remain the property of GEA 2H Water Technologies s.r.o. company at all times and are not accessible to a third party. GEA 2H Water Technologies s.r.o. company retains the right to demand atonement in case of violation of this article.

 

VI.   The retention of title

  1. Merchandise remains the property of GEA 2H Water Technologies s.r.o. company until after the whole price is paid and/or the checks are reimbursed.
  2. The retention of title serves the GEA 2H Water Technologies s.r.o. company as a balance of a debt. The retention of title remains until after the payment of whole price and it is based on the fact, that GEA 2H Water Technologies s.r.o. company is considered the manufacturer of merchandise thus the retention title arises free of cost and without any obligation. In other words, the merchandise is the property of GEA 2H Water Technologies s.r.o. company at all stages of the manufacturing process. If the final product was manufactured from a material which does not belong to GEA 2H Water Technologies s.r.o. company, GEA 2H Water Technologies s.r.o. company is a part owner with the share equal to the unsettled payment.
  3. All claims of the customer to the third parties which are caused by the selling merchandise with the retention of title to the third parties will be assigned to GEA 2H Water Technologies s.r.o. company in order to secure our claims to the customer. It is irrelevant, if the merchandise with the retention of title has or has not been further processed or sold to one or more third parties.
  4. The customer is allowed to further sell the merchandise with the retention of title until paying on the bases of a general agreement, contract for work or any other similar agreement, from which the claim is to be assigned to GEA 2H Water Technologies s.r.o. company. The customer has no further power of disposition with the merchandise with the retention of title. The customer is obliged to announce the assignation of the claim to the third parties upon our request.
  5. If the value of the assigned claim of the customer to the third parties exceeds our claim to the customer for more than 20%, GEA 2H Water Technologies s.r.o. company is obliged upon the customer’s request to release part of this claim to the third party.

 

VII.   Measures and weights

All measures and weight provided by GEA 2H Water Technologies s.r.o. company and shown in our offers are only approximate. GEA 2H Water Technologies s.r.o. company retains the right, after a consultation with the customer, to change and elaborate them.

 

VIII.   Guarantee and the guarantee period

The guarantee of supplier contains:

  • For the merchandise designated for further processing (such as foils, pipelines for the heat exchange, etc.) its trouble-free usage for the ordinary and primary purpose, if the rules and regulations are observed during processing of the merchandise.
  • For the merchandise designated as a final product (such as heating panels, filler panels for the heating towers, etc.) including their components, GEA 2H Water Technologies s.r.o. company guarantees to meet all the standards and specifications.
  • The guarantee does not include merchandise which is being sold as lower-quality merchandise. If the quality of the merchandise does not meet the requirements for lower-quality merchandise arranged in the agreement, the guarantee and the guarantee period are valid as written above.
  • The supplier has the right to disallow a warranty claim if the customer: does not observe the rules and regulations necessary for the manipulation with the product, exceeds the maximum allowed weighting and/or uses the product in inadequate chemical, mechanical and/or thermal conditions.


The guarantee period is:

  • For the merchandise designated for further processing until the time of its processing, at most 6 months after the delivery of the merchandise.
  • For the merchandise designated as a final product 1 year for the implementation of the product to the technological complex, at most 18 months after the delivery of the merchandise.

 

IX.   Warranty conditions

  1. Customer is obliged to inspect the quality of the merchandise and its compliance with the specifications in the agreement right after the delivery of the merchandise.
  2. If the inspection is not done and/or the supplier does not receive any warranty complaint in 14 days after the delivery of the merchandise, the delivery is considered as flawless. Each warranty complaint must have a written form and must contain information from the delivery note and exact specification of the defected part of the product.
  3. The supplier is obliged, after a justified warranty claim, to repair the product or to send a product with the same specifications and quality.
  4. The customer is required to provide all necessary cooperation to the supplier with the repair work.
  5. The guarantee period for the repaired products is 3 months. In case of sending a new products with the same specifications and quality, the guarantee period is the same as in article 2.1 and 2.2 of these GCDC.
  6. A written approval of the supplier is required before shipping the defected merchandise back to the supplier.

 

X.   Other regulations

If there are no other agreements, the place of fulfillment is the place of business of the customer stated in the Business Register of the Czech Republic.

Any law-suit is to be judged by the Czech law.

Matters not regulated in these GCDC are abided by the relevant enactments of the Czech Business Code.

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