General Terms and Conditions of Sale and Delivery
General Terms and Conditions of Sale and Delivery
1. INTRODUCTORY PROVISIONS
1.1 These General Terms and Conditions of Sale and Delivery (hereinafter referred to as the “GTC”) apply to the regulation of rights and obligations between I P C plast spol. s r.o., with its registered office at Palackého 753, 394 68 Žirovnice, ID No. 00515566, registered in the Commercial Register maintained by the Regional Court in České Budějovice under file no. C17 as the seller (hereinafter referred to as the “Seller”) and the Seller’s customer as the buyer (hereinafter referred to as the “Buyer”) in the sale of goods carried out on the basis of a purchase contract concluded usually on the basis of acceptance and confirmation of the Buyer’s order by the Seller (hereinafter referred to as the “Contract”).
1.2 The GTC are an integral part of the Contract. Deviating provisions in the Contract shall take precedence over the wording of the GTC.
2. CONCLUSION OF THE CONTRACT
2.1 The Contract is concluded at the moment of confirmation of the Buyer’s order by the Seller.
2.2 The Buyer may place an order in person, by telephone or via e-mail.
2.3 The Seller’s contact e-mail is info@ipcplast.cz.
2.4 The Seller shall confirm the order to the Buyer in writing via e-mail no later than three (3) working days from its receipt. The confirmation shall include a specification of the ordered goods, the valid prices and the determination of the delivery conditions and the delivery date.
2.5 The determination of payment and delivery conditions takes place according to INCOTERMS® 2010.
2.6 An order placed orally or by telephone is valid to the extent of the Seller’s written confirmation of the order.
2.7 Until the Buyer’s order has been confirmed in writing by the Seller, it is non-binding.
3. PURCHASE PRICE AND PAYMENT TERMS
3.1 The Buyer is obliged to pay the Seller for the ordered goods the purchase price in the amount stipulated in the Contract (hereinafter the “Purchase Price”).
3.2 Unless the Contract provides otherwise, the Purchase Price stated in the Contract includes the price of the goods, packaging and the costs of handing over the goods to the Buyer at the Seller’s registered office.
3.3 The Buyer shall pay the Purchase Price or its part stipulated in the Contract on the basis of an invoice issued by the Seller by non-cash transfer to the Seller’s account stated on the invoice, in the currency stated on the invoice and at its own expense, within the period specified in the order confirmation. In the event that the payment is made from a country outside the European Union or the European Economic Area, the Buyer is obliged to enter the OUR bank charges payment code for the non-cash transfer, and if this is not possible, then the SHA code. The Buyer shall pay the remaining part of the Purchase Price within the period specified in the order confirmation. Payment of the Purchase Price in full is a prerequisite for the delivery of the goods to the Buyer.
3.4 In the event of a delay in the payment of the Purchase Price or its part, the Seller is entitled to charge the Buyer interest on arrears at the rate of 0.05% of the outstanding amount per day for each day, even if only commenced, of the delay until full payment, and the Buyer is obliged to pay the Seller the interest on arrears charged in this way.
3.5 If circumstances on the part of the Buyer, external circumstances beyond the Seller’s control or other serious reasons cause the delivery of the goods to the Buyer to require higher costs, the Seller is entitled to proceed to a unilateral increase in the Purchase Price and invoice the Buyer for the Purchase Price including the increased costs. The Buyer is obliged to pay the Seller the price invoiced according to the first sentence.
4. DELIVERY CONDITIONS
4.1 Unless the Contract provides otherwise, the delivery of goods shall be carried out according to the delivery parity EXW INCOTERMS® 2010 (handover of goods to the Buyer or the Carrier secured by the Buyer at the Seller’s registered office). The goods are delivered at the Buyer’s expense and risk. The transport of goods is provided by the Buyer or a third party authorized by him. In the event that this condition is not observed by the Buyer, the Seller will demand compensation from the Buyer for the damage caused as a result of non-compliance with this condition.
4.2 The delivery period is 3 – 6 weeks from the date of delivery of the written confirmation of the order by the Seller.
The determination of the delivery date is part of the confirmed order.
4.3 The delivery period shall be extended by a reasonable period of time if the Seller is prevented from fulfilling the obligation
a) an extraordinary unforeseeable and insurmountable obstacle arising independently of his will pursuant to Section 2913 (2) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), or
b) the Buyer’s delay in fulfilling his obligation
4.4 In the event of the Seller’s delay in the delivery of goods for a reason other than the reason stated in Article 4.3, the Buyer is entitled to set the Seller a reasonable additional period for fulfilling the obligation, and after the fruitless expiry of this period, the Buyer is entitled to withdraw from the Contract.
4.5 In the event of the Buyer’s delay in fulfilling its obligations under the Contract, the Seller is entitled, at its discretion, to temporarily suspend the delivery of goods to the Buyer, to condition the delivery of goods on the payment of an advance or the payment of the Purchase Price by the deadline set by the Seller, or, after granting an additional period for fulfilling the Buyer’s obligation, to withdraw from the Contract after the fruitless expiry of this period.
4.6 The goods are delivered in whole packaging units. The minimum value of one order is EUR 5,000 (in words: “five thousand EUR”).
4.7 If the order for goods does not reach the limit specified in Article 4.6 of these GTC or if goods modified at the Buyer’s request are to be delivered, the delivery will take place according to the conditions agreed in the Contract.
4.8 The permissible quantity deviation is +/- 10% of the ordered quantity of goods. The delivery of goods within this deviation is not a defective performance and does not entitle the Buyer to refuse the goods.
4.9 If the Buyer is in delay with the takeover of goods ready for dispatch, the Seller is entitled to store the goods at the Buyer’s expense and risk. For the period of delay with the takeover of goods, the Seller is entitled to invoice the Buyer for the costs of storage of goods in the amount of EUR 0.5 / 1 pallet / day of storage, and the Buyer is obliged to pay the costs of storage of goods invoiced in this way.
4.10 In the event that the Buyer unjustifiably refuses to take over the goods that are ready for collection and of whose readiness for collection he was notified by the Seller, the Seller is entitled to invoice the Buyer a one-off contractual penalty in the amount of 50% of the price of the goods, and the Buyer is obliged to pay the Seller the contractual penalty invoiced in this way. The contractual penalty is payable within 15 days of delivery of the request for its payment to the Buyer.
5. ACQUISITION OF OWNERSHIP RIGHT
5.1 Unless the Contract provides otherwise, the Buyer acquires ownership of the goods at the moment of takeover of the goods, but not before the Purchase Price has been paid in full.
6. LIABILITY FOR DEFECTS
6.1 Unless otherwise stated below, the rights arising from defective performance shall be governed by the Civil Code.
6.2 The Buyer is obliged to claim defects in quantity without undue delay, no later than 5 days from the takeover of the goods.
6.3 The Buyer is obliged to claim defects in quality without delay after the discovery of the defect, but no later than 6 months from the takeover of the goods.
6.4 The Buyer is obliged to make a claim for defects to the Seller in writing.
6.5 The Seller is obliged to issue the Buyer a written confirmation of the date and method of handling the claim, including confirmation of the repair and its duration, or a written justification for the rejection of the claim.
7. DAMAGE DURING TRANSPORT
7.1 If the Buyer discovers damage to the goods that occurred as a result of the transport of the goods, the Buyer is obliged to request confirmation from the carrier of the damage caused during the transport of the goods before unloading the goods. The Buyer is obliged to fill in the discovered damage in the CMR consignment note form (hereinafter referred to as the “CMR document”). The CMR document completed in this way will serve as a basis for claiming compensation from the transport company.
8. PROTECTION OF PERSONAL DATA
8.1 The Buyer acknowledges that the personal data stated in the order sent by him and confirmed by the Seller or the data provided to the Seller at any time during the existence of the contractual relationship will be processed by the Seller to the extent necessary for the purpose of fulfilling the obligations under the Contract to which the Buyer is a party, and for the purpose of asserting claims arising from this contractual relationship and for the purpose of the necessity of complying with the legal obligations that apply to the Seller. The processed data will be stored by the Seller for the period necessary.
8.2 The Buyer is entitled to request access to the data referred to in Article 8.1, to have it updated or corrected, or to request a restriction of its processing.
9. GOVERNING LAW
9.1 These GTC and the Contract concluded on their basis and the rights and obligations of the contracting parties arising from this Contract shall be governed by the laws of the Czech Republic.
9.2 The court with jurisdiction to resolve any disputes arising from the Contract is the court determined according to the Seller’s registered office.
10. EFFECTIVENESS OF THE GTC
10.1 These GTC come into effect on 1. 1. 2020.