Terms and Conditions

DELIVERY, PAYMENT AND WARRANTY TERMS

Delivery of goods

1. The goods will be delivered within the period specified in the purchase contract, as follows:
   • by handing over the goods to the buyer at the place specified by the buyer, if transport is arranged by the seller,
   • by handing over the goods to the buyer at the seller’s warehouse, if transport is arranged by the buyer,
   • by handing over the goods to the first carrier for transport for the buyer and enabling the buyer to exercise rights arising from the contract of carriage against the carrier.
   The transport costs shall be borne by the buyer unless otherwise agreed in the purchase contract. The buyer is also obliged to inform the seller of the shipping instructions immediately after signing the purchase contract. If the buyer fails to do so, even within the additional period set by the seller, the seller may withdraw from the contract.
2. Any securing of the goods and special packaging are not included in the purchase price.
3. Together with the goods, the seller is obliged to hand over to the buyer the delivery note and, if applicable, other documents necessary for taking over and using the item, unless they are handed over upon payment of the purchase price.
4. The seller undertakes to deliver the goods in the agreed quality, or in a quality suitable for the purpose for which such goods are usually used.
5. The seller is entitled to deliver the goods to the buyer at any time during the period specified in the purchase contract, including by partial deliveries.
6. The buyer is obliged to pay the purchase price in full and to take over the delivered goods, regardless of any subsequent claims arising from defects of the goods.
7. The buyer is obliged to duly inspect the goods immediately upon their receipt. If the buyer discovers any quantitative or qualitative defects, the buyer is obliged to immediately draw up a detailed record of these findings and inform the seller without delay. In such case, the buyer undertakes to allow the seller to inspect the goods on site.
8. If events occur that could not have been foreseen at the time of signing the purchase contract and that create an obstacle for the seller in fulfilling its contractual obligations, the seller is entitled to extend the performance period by the time during which such obstacle lasted. These are extraordinary, unforeseeable and insurmountable obstacles arising independently of the seller’s will (in particular events such as war, uprising, riots, strikes, various measures of authorities adopted as a result of such events, natural disasters, delays in supplies of materials or energy not caused by the seller, and similar force majeure events that disrupt the seller’s performance of its contractual obligations).

Purchase price

9. The agreed purchase price is stated without value added tax.
10. The buyer is obliged to pay the agreed purchase price under the conditions agreed in the purchase contract.
11. Any transport costs, costs for securing the goods, special packaging, or other costs agreed in the purchase contract will be charged to the buyer as a separate item on the invoice or by a separate document.
12. If the buyer is in delay with payment of the purchase price, the seller is entitled to withhold any deliveries not yet performed until the goods already delivered have been duly paid. During this period, the seller is not in delay with performance of its obligation under the purchase contract. The contracting parties agree that the buyer’s delay with payment of the due purchase price constitutes a material breach of the purchase contract and the seller is, in such case, entitled to withdraw from the contract.

Quality warranty

13. The seller provides a quality warranty for the delivered goods for a period of 24 months from receipt, unless the purchase contract provides otherwise. The seller’s liability for defects covered by the quality warranty does not arise if such defects were caused, after the transfer of the risk of damage to the goods, by improper handling (especially interference with the structure, overloading, etc.), unauthorized use, or external influences.
14. During this period, the seller is liable for the delivered goods being fit for use for the usual purpose for the specified period and retaining usual properties. The warranty period begins on the day the goods are handed over to the buyer.
15. The buyer is obliged to assert a warranty claim by notifying the seller in writing without delay, including all details of the defects found. If the buyer asserts rights from defective performance, the seller shall confirm in writing when the right was asserted and, after carrying out an inspection, inform the buyer of the method of remedying the defects.
16. The seller undertakes to remedy defects of the products at its own expense during the warranty period, except for cases not covered by the quality warranty.
17. The buyer has no rights from defective performance if the defect is one that the buyer, exercising ordinary care, must have recognized already when concluding the contract. This does not apply if the seller expressly assured the buyer that the item is free of defects or if the seller fraudulently concealed the defect.
18. Replaced defective goods remain the property of the seller and the buyer is obliged to return them if requested by the seller.
19. a) If defective performance constitutes a material breach of the contract, the buyer has the right:
    • to have the defect remedied by delivery of a new item without defects or by delivery of the missing item,
    • to have the defect remedied by repair of the item,
    • to an appropriate discount from the purchase price,
    • or to withdraw from the contract.
    b) If defective performance constitutes a non-material breach of the contract, the buyer has the right to have the defect remedied or to an appropriate discount from the purchase price.
20. The missing quantity will be delivered if this is possible and expedient. Otherwise, the buyer will be granted a discount from the purchase price corresponding to the purchase price of the undelivered goods, and the seller will issue a credit note for this discount.

Fulfilment of obligations under the purchase contract

21. The purchase contract may be terminated:
    • a) by mutual agreement of the contracting parties,
    • b) by withdrawal from the contract in cases stipulated by the purchase contract or by these delivery terms, or under the relevant statutory provisions.
22. In the event of withdrawal from the purchase contract, the contract is terminated on the day on which the written notice of withdrawal is delivered to the other party.

Created: 24.05.2018

Lichtgitter CZ spol. s r.o., U Lékárny 1, 735 35 Horní Suchá
Tel.: +420 596 496 511, Fax: +420 596 496 538-9, e-mail: obchod@lichtgitter.cz, http:www.lichtgitter.cz/en

The company is registered in the Commercial Register kept by the Regional Commercial Court in Ostrava, Section C, File 11630

Attachments

• Delivery, payment and warranty terms (pdf / 0.09 MB) – download file