Geschäftsbedingungen

The business conditions of EUROFLUID-HYDRAULIK ČR, Ltd.

The EUROFLUID-HYDRAULIK ČR, Ltd Company based in Kněževes by Rakovník, Chrášťany 9. IČO 62954059, registrated at regional court in Prague, section C, enclosure 39928 issued in accordance with provision § 273 the Commercial code these business conditions:

I. The Offer

Dates as pictures, drawings, dates of weight, which are part of the offer are only for orientation, if not marked as binding. Valuation costs, drawings and other dates are property of seller and these dates must not be given to the third party. The seller is obliged, that the dates from buyer, which are marked as secret can’t be given to the third party, without his agreement.

II. Inception of sales contract

The sales contract in written form is incipient by agreement of parties of contract about the content. The sales contract is also incipient by confirmation of the obligate order from buyer to seller, but at the latest 14 days before the required term of performance.

In doubtfulness is supposed, that the order was delivered the third day after sending, if sent by the post or the same day, if sent by the fax or e-mail.   The buyer is bound with his proposal up to 14 days from the delivery to seller. At this time the seller has to confirm the order, otherwise the contract expires. Any changes in the content of contract against the sent and confirmed contract convention are considered as counterproposal and there is 14 days for acceptance (it is also relevant to the confirmation of less than ordered quantity of goods).

III. Transport of goods

If there is not any deal between the seller and the buyer, the transport of goods is provided according to rules of EUROFLUID-HYDRAULIK
ČR, Ltd. The price of the transportation is paid by the buyer. The place of the beginning of the transport is the register office of the seller and the
place of the finish is the address of the buyer, if not other condition of performance. In case of supplying the goods by a common carrier is the common carrier responsible for risk of damage since taking over the goods from seller.  

IV. Delivery of goods

Performance is realized on the basis of the takeover of goods and the confirmation of the delivery note. Taking over the goods does the entrusted employee of the seller with the representative of the buyer (eventually the employee of common carrier). The result of taking over the goods is the
delivery note, where the note about taking over the goods is written.  As soon as the buyer gets the goods the seller gives the confirmation of the delivery note as the document about performance. If the employee of common carrier is taking over the goods, he has to confirm the delivery
note instead of the buyer and fill in the dates (his name, number of ID, license plate of the vehicle, which transport the goods)

V. Purchase price

The price of goods is arranged as the negotiated price and it is meant as EXW EUROFLUID-HYDRAULIK ČR, Ltd. – premises, if there is not another agreement. The agreement about the price is valid after the confirmation of the order from the buyer to the seller with the given price for one unit or with the conclusion of own purchase contract. If the buyer withdraws from the contract in-between the negotiated term, the buyer is duty to satisfy all the damage of real cost, but at least 30% from the price of goods.

VI. Payment conditions

The seller issues an invoice to the buyer in sequence to the delivery note and sends the invoice by post to the address of the buyer,
if not delivered together with goods. The invoice includes general dates of tax document and other dates as number of order, eventually the number of the purchase contract. The buyer is obliged to pay the invoice within 14 days from the date of issuance of an appropriate invoice, if the buyer with the
seller do not set another agreement. The purchase price is considered as paid in the day, when the amount is on the account of the seller. In the case of delay with the payment on the part of the buyer in term, according to the article 7.4.of this contract, the seller is competent to charge the buyer for every next delay day the amount defined in the enactment § 369 and 502 of the commercial code i.e.  0, 05%, daily.

VII. Package and goods marking

The goods will be packed according with the agreed or selected way so that the goods are safe against the damage and destruction during the transport. As the standard package is allowed the cardboard, pallet, wooden case....  If there is not another agreement, the package and suitable conservation are with the accompanying documentation of goods according to the rules of EUROFLUID-HYDRAULIK ČR, Ltd. The case and suitable
conversation will be paid by the buyer (If there is not another agreement). For these prices will be the still VAT included.

VIII. Purchase of proprietary

The buyer has the proprietary to the goods after the full price is paid (retention of title). Until the goods are the property of EUROFLUID-HYDRAULIK
ČR, Ltd the buyer is not allowed to give the title to the third party in relation to the goods. The customer is liable to treat with goods which
has been delivered under the retention of the title with a necessary carefulness and as if it was the property of the company EUROFLUID-HYDRAULIK
ČR, Ltd. In the case of failing in performing the customer’s obligation, even if it was the reason of the financial insolvency, the company EUROFLUID-HYDRAULIK ČR, Ltd is competent, according to it’s own discretion, to take back the goods which have been delivered under the retention
of the title and which is still by the buyer, without the limitation of the rights that pertain to the company EUROFLUIDHYDRAULI CR, Ltd. The buyer is
obligate for this purpose to irreversibly authorize a representative of the company EUROFLUID-HYDRAULIK ČR, Ltd for taking back the goods.

IX. Conditions of guarantee

The company EUROFLUID-HYDRAULIK ČR, Ltd. guarantees, that their components are without a material and manufacturing defect for a period of 6 months from the goods delivery.

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The guarantee is vitally restricted to a repair work or a replacement (by the company EUROFLUID-HYDRAULIK ČR, Ltd., Chrášťany by Rakovník)
of any part or a defect part by reason of material or the manufacturing. This is the subject of investigation by the company EUROFLUID-HYDRAULIK ČR, Ltd. The defect part has to be returned with a detail description of defect; the transport is paid by the customer.

The company EUROFLUID-HYDRAULIK ČR, Ltd. is not responsible for the circumstances beside their activity, for the damage of components caused by an accident, natural disaster, violence...This guarantee is not  valid for components which, according to the preclusive decision of the company EUROFLUID-HYDRAULIK ČR, Ltd. have been polluted, overheated, neglectfully used, unsuitably used or misused in another way. The client is liable ensure the professional installation in accordance with the valid norm ČSN and ensure the expertness of workers by the assembly. Any changes in the circuit or on components, which can unfavorably affect the components of the company EUROFLUID-HYDRAULIK ČR, Ltd. cause, that
guarantee is not valid. In any causes mentioned in previous section can the client not claim the cancellation or compensation of contract by virtue of damage or compensation of any expenses. (For example: The work need for a replacement of defect parts, the production failure etc.). EUROFLUID-HYDRAULIK ČR, Ltd. does not give away any other direct or included warranties and is not responsible for any other damage caused by  any buyer or user, it’s responsibility is restricted to the value of components which have been sold or to the obligation relevant to the replacement of a defect part. In any case EUROFLUID-HYDRAULIK ČR, Ltd. is not responsible for an expected loss of profit, further damages or a damage of any machinery, installation, system of working or services, where can the components of the company EUROFLUID-HYDRAULIK ČR, Ltd. be used. EUROFLUID-HYDRAULIK ČR, Ltd. will not warrant for any infraction of the guarantee, failure of the delivery or other occurrence except here specified.

The guarantee is not valid if the label is destroyed or removed. Other arrangements are according to the commercial code. The presumption of recognition of the buyer’s claims is the written announcement with the brief description of the defect without the delay, after the defect is
detected. The right to the recognition of claims for apparent defects expires 30 days after the delivery of the goods. Performance of guarantee consists in the consideration of the seller and the deal with buyer in:

-the delivery of spare goods on behalf of the defective
goods, eventually the delivery of missing goods

-the repair of this defect, if it is possible

-the reduction of purchase price

-withdrawal from the contract

All the delivered components of the company EUROFLUID-HYDRAULIK ČR, Ltd. are tested and checked by the producer according to the practice and technical specification of the producer. As the actual installation and the operation of the client’s machinery can not be exactly examined and reproduced by the company EUROFLUID-HYDRAULIK ČR, Ltd., the reservation of the fittingness of the EUROFLUIDHYDRAULIK ČR, Ltd. components is the choice of the client and it is at his own liability.

X. General and final agreement

I accordance with the provision § 273 section 2 of the commercial code, the digressive arrangement come before the version of these business condition. These business conditions edit in detail the position, rights and duties of the seller and the buyer by concluding the contract of the delivery of the EUROFLUID-HYDRAULIK ČR, Ltd. goods, with the simplified form of the order confirmation. In case of concluding the purchase contract in the written form, these business conditions are used only in case when the business contract determine (by the reference form).