General commercial and delivery terms Belet a.s.
(excerpts for electronic sale)
General commercial and delivery terms (further only GCDT) be true for sale and deliveries of Products from company Belet a.s. to buyer during the electronic sale.
Products will be supplied to buyers on basis of a written order from the buyer. Buyer will in the order specifies kind, type and quantity of requested products. Product specification must consist at least further mentioned dates: Name and type of the product, Basic technical specification from offer (catalogue list) or after agreement with seller, quantity or total required quantity. On request by the seller is the buyer liable to complete/specify in written form the order of further dates or send necessary details (documents). If will not be done so is the seller competent to realize the supply in standard quality done by technical producer conditions or product type. As soon is the order specification complete, will the seller confirm the order to the buyer.
Products will be delivery to the buyer in term according the confirmation in the order, or in term after agreement between the seller and buyer.
Place of delivery and responsibility:
Product off take by the buyer:
- Seller will send the product to the buyer cash on delivery by collection service. Transporters will forward the goods to the buyer together with invoice and packing list after payment of the invoiced sum cash to the transporters.
- Personal over-taking – if the goods is prepared to off-take, will be the buyer contacted to its off-take by phone or e-mail.
- By contract transporters of the seller after fulfilment of the payment conditions
Products are considered as delivered by handover to the buyer or transport service in the place of sale. Transport service is a person who is competent to business in the area of transport or person who is entrusted by the buyer to off-take the product. Products will be delivered packed according internal producer conditions. Above additional way of package will decide the seller with regard on product character, order and technical transport conditions and way of the transport.
The buyer is obliged to over take the ordered products and at take over properly and with special care check the quantity, intact of package and visually technical conditions of the product. Buyer will confirm the take-over of the product in written form – packing or shipping list ( both with readable give of the name, surname and signature representative of the buyer, who will over take the products and with addition of date and stamp of the buyer). If the buyer will find out, that the delivery is incomplete or damaged, then will show it on the packing list and will inform the seller. The seller responsibility behind the products ( risk of product damage or loss) go full over to buyer at time of over take from seller to the buyer or transport service at the delivery place. Ordered products must the buyer over take and pay the cost price, also when the products shown immaterial defects ( e.g. rumpled package). Partial and early supplies are possible. The buyer will confirm only the packing list or release note by over take of the products at sellers place, if the specific product conditions does not require protocolar over take with other terms.
Product cost price is set in the seller’s price list or is agreed severally. Product prices are sets according the price list, which is valid in the date of order sending. The product transport is paid by the buyer, if it is not set or agreed otherwise. Cost price is considered as recover by the day on receipt the invoiced payment on the sellers account.
Terms of payment:
If it was not agreed other, can the buyers use the following terms of payment:
- Payment in cash by products takes over by the seller
- Payment on delivery
- Payment in advance for product delivery in form of banking transfer or in cash on advance invoice
Payment in advance for product delivery in form of banking transfer or in cash on advance invoice: After buyers order receipt will the seller make an invoice in advance and this will be send to the buyer. After receipt of the sum to sellers account or payment in cash in booking office is the product on the order locked for buyer. Then are the goods send per contract transport service to place of delivery, or an appeal is send to the buyer to take over the goods from stock.. Invoice is a part of the delivery.
Invoice is passed immediately by product take over or is send to the buyer per post or electronic post. Product is delivered to the address stated by the buyer will the buyer confirm to the transporter the shipper list (command). The seller is competent to stop the delivery, if it comes to delay in payment of any invoice sets from the seller to the buyer. In the case of delay with payment of any invoice will the buyer loss the discount of the cost price, if it is not agreed otherwise.
The seller can back out of the separate contracts in the case if the buyer had delay in payment of any invoice, right to claim payment of the interests on late payment according the Commercial Code, and claim for compensation.
Seller provides on supplied products guarantee on quality in range of technical parameters defined by the producer technical conditions and according applicable norms in time from 12 to 60 months (according product kind and type) from manufacture date. To proper guarantee claim is necessary the products must be used according competent processes and technical documentation supplied together with the product ( eventually according information mentioned on information’s plate placed on the product). Seller also does not take responsibility for defects, that comes from false or inaccurate specification of ordered products by the buyer (including inaccurate or missed information about the way of product use by the buyer).
Justified claims from products defects claim the buyer by the seller. Justified claims must be done in guarantee period, without delay, otherwise extinguished. Lodge a claim in written form and it must contain product and defect specification. Seller will resolve the claim at least into 5 working days after check the claimed product. Into this time does not include the time needed for special appreciation of the defect, adequate to kind of product. Claim will be settled into 25 days from decision on claim solve. In case, that the claim will not be admit, has the seller the right require from the buyer compensation of damage to the level of costs. Existence also grounds of claims does not release the buyer from responsibilities to observe all of his responsibilities including responsibilities of payment.
All feuds between seller and buyer will be solving by mutual agreement. In case, that the parties will not find any agreement, contentious issues will be solve according Commercial Code. If it will not come to this agreement, feud will submitted Arbitration Court to Economic Chamber of Czech Republic. Arbitration procedure (including nomination of arbiters) will be take under rules of arbitration procedure issued by the above mentioned Arbitration Court.