Terms of trade
Seller: REPLAST PRODUKT, spol. s r.o.
Seat of the Company: Ke Karlovu 21, PSČ 301 00, Plzeň
Identification Number: 25245945
VAT Identification Number: CZ25245945
The Company Incorporated in the Commercial Register: Regional Court in Pilsen, Part C, Entry 12469
Bank Account Details: ČSOB, account number 8010 – 0604731373/0300
Phone: +420 371 108 284
Data Box: juyxbm4
1.1. These General Business Terms and Conditions of the company REPLAST PRODUKT, spol. s r.o. (heirenafter referred to as the “Seller”) form an integral part of every Purchase Contract concluded between the Seller and a natural or a legal person (hereinafter referred to as the “Purchaser”). The Contracting Parties can stipulate other terms and conditions and can, if need be, differ from these General Business Terms and Conditions. However, if this be so, this must be mentioned in written form in the Purchase Contract.
1.2. These Terms of a Contract do not apply to contracts concluded between a Consumer, as defined by the § 1810 of the Civil Code and following paragraphs; these Contracts are conducted by legal provisions.
1.3. The Object of the Purchase Contract is the sale of the Seller’s goods and their Purchase by the Purchaser while following the below-mentioned conditions.
2. Conclusion of the Contract
2.1. The Purchaser orders all goods by means of a written order which is considered as a draft of the Purchase Contract and must contain specification of goods, desired amount and packaging of the delivered goods, the required term of delivery, means of delivery, and a place of delivery. Phone, fax and oral orders must be confirmed in written form within 5 work days at the latest.
2.2. The Purchase Contract comes into effect by confirmation (acceptance) of the written order by the Seller.
3. Place of Purchase
3.1. The manufactured goods will be available for the takeover in the Seller’s manufacturing areal in Pilsen, Ke Karlovu 21, within the set period. By his means, the Seller will ensure the loading of the goods to the means of transport set by the Purchaser.
3.2. In case the delivery of the goods is ensured by the Purchaser at his or her own expenses, he or she is liable for all damage to goods starting from the day of their takeover by the carrier until the full payment.
3.3. In case the delivery of the goods is not ensured by the Purchaser, the delivery of the goods will be provided by the Seller upon a previous agreement with the Purchaser, and the Purchaser is hereby obliged to pay the costs of the carriage required by the carrier and the costs of the carriage provision.
3.4. The Purchaser is obliged to take over the goods within 7 days from the delivery of the call to take over the goods. If this not be so, the Seller is entitled to the storage fees in the amount of 25,- CZK per 1 sq meter and a day of the taken storage space.
4.1. According to the type of the goods, they are packaged on standard pallets 1200 x 800 mm in the number set in the pricelist. The requirements on untypical packaging must be given in the order.
5.1. All prices of the Seller are set as contract prices, based on the pricelist valid in the time of the conclusion of the Purchase Contract, except for the prices of untypical packaging. The price of the untypical packaging must be negotiated together with the Purchase Contract at the same time.
5.2. Should the Purchaser withdraw from the Purchase Contract, the contractual penalty is stipulated to the amount of 20 % of the price of the order. By paying this contractual penalty, the entitlement of the Seller to the reimbursement of costs that occurred in relation with the manufacture of the goods is without prejudice.
6. Payment Conditions
6.1. If not otherwise previously stipulated in written form, the goods are delivered upon the payment. The Seller issues a tax document in case of a cash payment – invoice for the cash payment. In case of cashless payment, the Seller issues the so-called “pro-forma invoice” with the due period of 14 days starting from the day of invoicing, if not otherwise stipulated in written form. The pro-forma invoice is not a tax document. The day of payment is considered as the day of crediting of the agreed price to the Seller’s bank account. Upon the payment, the Seller issues the invoice – the tax document, which is delivered to the Purchaser.
6.2. The tax document – the invoice or the pro-forma invoice are sent to the address given in the order, or to the mentioned e-mail address. The delivery effects shall come into force even if the consignment is returned as not delivered, or if the delivery is defeated by the Purchaser in any way.
6.3. In case of delay in the payment caused by the Purchaser and in case the goods cannot be delivered because of these actions, the Seller deposits the goods in his or her warehouse at the Purchaser’s own expenses. The Purchaser is hereby obliged to pay the Seller all the relevant additional costs (unloading and loading of the goods to the warehouse, storage fees in the amount of 25,- CZK per 1 sq meter/a day, possible futile acts related to transport, etc.) when taking over the goods at the latest.
6.4. If the full payment of the agreed purchase price does not take effect in 30 days from the day of the confirmation of the order, the Seller is entitled to withdraw from the Purchase Contract. In this case, the Contracting Parties agree on the contractual penalty in the amount of 20 % of the agreed purchase price. By paying this penalty, the Seller’s entitlement to the reimbursement of the costs that emerged in connection with the manufacture, manipulation, transport and storage of the goods is without prejudice.
6.5. The Seller is entitled to send the tax documents and the pro-forma invoice by means of e-mail, if previously agreed.
7. Quality, Liability and Warranty Period
7.1. The agreed quality is considered to be the characteristics of the products complying with the requirements of relevant norms, technical lists and technological regulations.
7.2. The Seller issued the Declaration of Conformity in a written form to all the marketed products which are classified as specified products in accordance with the Act No. 22/1997 Coll., and other relevant government regulations.
7.3. The minor deviations in size, colour, and product surface are not regarded as the breach of quality since they depend on the input raw material – recycled cable PVC
7.4. The Seller provides the legal warranty period on the supplied goods. The warranty period starts on the day of the goods takeover.
7.5. The Purchaser is obliged to complain about the defective goods by means of a written complaint. The Purchaser is obliged to complain about the obvious defects in 3 days from the goods takeover at the latest; as for the other defects, the complaint must be made within one month period starting from the day the defect was discovered. The differences in appearance, size and amount are considered as the obvious defect.
7.6. The Purchaser is obliged to describe the discovered defect and its range in the written complaint. The written record is made on way of the complaint resolution.
7.7. The claim for the defect reimbursement does not take effect in following circumstances:
a) the defect is a result of inappropriate manipulation, incorrect assembly or a result of improper treatment;
b) the defect was caused by mechanical or chemical impacts after the goods takeover;
c) changes in colour shades are not considered as a defect;
d) the defect was caused by the Force Majeure;
e) the defect is a result of normal wear.
7.8. The Purchaser is obliged to store all the claimed goods separately until the claim is settled. In case the claim is recognized as justified (by the Seller), the Purchaser is obliged to return the damaged goods to the Seller.
8. Withdrawal from the Contract
8.1. The withdrawal from the Contract must be done in written form and must be delivered to the second Contracting Party.
9.1. The Contracting Parties undertake to take all the possible measures to prevent the disputes emerging due to the concluded Purchase Contract.
9.2. Should the dispute emerge, the Contracting Parties hereby undertake to resolve the issues by a mutual agreement. In case that the agreement is not possible, the dispute will be resolved by the relevant court.
10. General Provisions
10.1. The Contracting Parties are obliged to deliver the documents to the addresses given in the Commercial or Trade Register.
The Contracting Parties can deliver the documents by means of e-mail. The documents delivered by means of e-mail are to be delivered to the Seller’s address email@example.com; the e-mail address of the Purchaser is the address mentioned in the order.
10.2. The documents delivered by means of the provider of mail services are considered as delivered the third work day after their dispatching.
10.3. The Contracting Parties may differ from these General Business Terms and Conditions while concluding a Purchase Contract. The different contracting agreements must be made in written form and they take precedence over these General Business Terms and Conditions.
10.4. All disputes will be resolved in accordance with the Czech law by the relevant courts in the Czech Republic.
11. Final Provisions
11.1. Each Contracting Party will thoroughly ensure the confidentiality of business information which relates to the mutual contractual relations.
11.2. The sale of goods or services is done in accordance with the General Business and Delivery Conditions, the valid Seller’s pricelists for the relevant period and possibly, with the concluded framework or object Purchase Contract, which is enclosed together with the Declaration of Conformity, Technical Documentation and, upon the Purchaser’s request, copies of the relevant product certificates and Safety Data Sheets.
11.3. The issues not mentioned in this General Business Terms and Conditions are governed by the relevant provisions of the Act No. 89/2012 Coll. – Civil Code, as amended, both for private persons and business persons.
11.4. The General Business and Trade Terms and Conditions 2015 come into force on 1st of March 2015. The amendments can only be made in written form.
11.5. These General Business Terms and Conditions are attached to every Purchase Contract and are available at the Seller’s website www.replast-plzen.com.