Trading conditions
General supplier and trading conditions
Validity of conditions
Deliveries, services and offers from company Anton Vorek are entirely realized on the base of these supplier and trading conditions and these conditions are mandatory even for all future deliveries, services and offers, as long as other version of a written agreement was not accepted.
Offers and conclusions of contracts
Offers included in prospects, adverts etc. are not obligatory. The offers specially worked up by company Anton Vorek are valid up to date stated in these particular offers.
Other arrangements, changes, completions and/or other variations from these general supplier and trading conditions are valid only then, when they have been approved by the company Anton Vorek. These agreements must be always concluded in writing.
The data for subjects of deliveries or services (e.g. weights, measurements, load capability, tolerance and technical data) are only approximately prevailing, as long as the nature of the subject of delivery or service doesn’t presume an exact conformity. They are not guaranteed characteristic properties but descriptions or markings of consignments or services only.
Company Anton Vorek is reserving the ownership of all its offers, preliminary estimates, drawings, illustrations, calculations, prospects, catalogues, models and samples, which were given to its customer’s disposal. These records mustn’t be transmitted, published, copied or accessed to the third party without the permission of company Anton Vorek. On the request of company Anton Vorek, all records given to the customer must be returned without retaining of any copies. Eventual copies created must be destroyed, if they are not needed for regular business operation any more or if it didn’t come to the order conclusion.
Prices
Prices are stated without VAT and other secondary costs as e.g. packing, transport, customs fees etc. and on the invoice they are charged separately.
Company Anton Vorek offers quantity discounts on the base of a concluded sale contract, where the quantity conditions of takings and payment conditions are specified.
A handling charge (charge for processing) at the amount of 15,00 Euro is charged for small orders, when the goods value is up to 50,00 Euro inclusive.
Payment conditions
The invoices of company Anton Vorek are payable 14 days from the date of issuance of the invoice without the discount for inland, and 28 days from date of issuance of the invoice without the discount for outland, if this wasn’t agreed in writing otherwise.
On the base of produced invoice the payment for the off-taken goods or service could be done in cash or by a payment order into the account of company Anton Vorek. The payment is proceed when the reimbursed sum is credited to a seller’s account in an entire amount at his bank and it is at his full disposal, or when the sum is deposited by cash into the cashbox of company Anton Vorek.
If the buyer is default in payment of the amount due, he is obliged to pay the contractual interest at the amount of 0,1% from the amount due daily, for the time of default in payment until the settlement of the full amount. The company Anton Vorek is in this case entitled to retain all so far unrealised deliveries, from all of the buyer’s orders, without the breaching of the contract.
The buyer acquires the property right at the moment of the invoice reimbursement for the delivery or service.
Delivery terms
Terms or delivery times which could be agreed as obligatory or non-obligatory, must have a written form.
The goods are delivered either by post or by a transport or a parcel company. After an agreement it is also possible to ensure own goods off-take. The way of sending and packing is a subject to company Anton Vorek.
Company Anton Vorek doesn’t guarantee for delivery delay or impossibility of delivery, if this was caused by inevitable accident or by other events, which couldn’t be anticipated at the contract conclusion (e.g. failure in operation, production, difficulties at obtaining of materials, raw materials or energy supply, transport delay, strike, legal closure, shortage of labour, energy or raw material, difficulties at obtaining necessary licence permits, official measures, non-correct or late delivery from subcontractors), for which company Anton Vorek is not responsible.
If these circumstances make impossible or difficult the delivery of goods or services for a unreasonably long period of time, company Anton Vorek is entitled to withdraw from the contract.
If it is concerning transient period, the delivery times of goods or services are prolonged for appropriate time at this situation.
If this delay caused losses to the customer, he can withdraw from the contract on the base of forthwith written statement.
At the transport of the dangerous goods classified according to ADR, appropriate regulations concerning the vehicle equipment, driver education and allowed quantities are observed. At own goods off-take are appropriate regulations passed directly to the customer.
The danger of possible damage passes onto the buyer as soon as the consignment is handed over to the person carrying out the transport or for the dispatch purpose it has left the company Anton Vorek. At personal collection, the danger of a possible damage passes onto the buyer at the moment of the goods acceptance.
On customer’s request it is possible to insure the consignment at his name and at his own expenses.
Goods return
The goods could be sent back with a previous agreement of company Anton Vorek only. At non-permitted dispatching back, the accompanying expenses will be charged to the buyer.
The returned goods could be accepted back only in perfect state and in an original packing. Open packaging, the goods with limited durability and special goods won’t be taken back.
The dispatching of returned goods is realized on customer’s own risk.
Guarantee and liability for goods defects
The company Anton Vorek offers the guarantee of 24 months from the day of the delivery fulfilment to the buyer, provided that the conditions presented in the Czech commercial code will be observed by the buyer.
The buyer is obligated to check the delivered goods by means of a quantity acceptance. The complaint must be given in a written form. Statement per fax is sufficient for the observance of the written form, however other telecommunication statements, especially then per e-mail, is not sufficient.
The claim has to be enforced by a protocol of faults dispatched to the company Anton Vorek 5 days from the goods delivery at the latest, if this concerns quantity faults, a mistaken kind of goods or evident quality defects.
The quality defects of the goods not found at the time of the quantity acceptance is possible to claim during the guarantee time. After the quantity acceptance the buyer is entitled to claim the faulty pieces only. In the faults protocol, the buyer has to state the data of specification of the claimed delivery, determine the object of the claim and entitlement that he is claiming with alternative ways of the fulfilment.
The claim from faulty goods can’t be awarded if the buyer hasn’t handed a report about the good faults to the company Anton Vorek without the unreasonable delay. On the request of the company Anton Vorek the claim subject is send back without the transport charges (prepaid). At legitimate complaint company Anton Vorek takes over the transport charges.
At defects of substance of goods delivered the company Anton Vorek is according to its deliberation obliged and entitled initially for a repair or a replacement delivery. In the case of impossibility or inadequate delay of repair or replacement delivery the buyer can withdraw from the contract or adequately lower the purchase price.
The guarantee fulfilment of the company Anton Vorek is limited to the height of the net value of goods delivered.
All the occurred disagreements will be solved entirely according to the Czech commercial law.