Terms and Conditions

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    [html_title] => Terms and Conditions
    [title] => Terms and Conditions
    [subtitle] => General Terms and Conditions of Sale, Delivery and Payment
    [text] => 

General Provisions

These General Terms and Conditions of Sale, Delivery and Payment (hereinafter referred to as "GTC") are an integral part of all purchase contracts for the sale of goods concluded between KBNK s.r.o., ID No: 625 01 801, with its registered office at Palackého 780, 394 68 Žirovnice, registered in the Commercial Register kept by the Regional Court in České Budějovice, Section C, File 4727, as a supplier (hereinafter referred to as the "Seller") and its customer (hereinafter referred to as the "Buyer") (hereinafter referred to as the "Purchase Contract"; the Seller and the Buyer are hereinafter also jointly referred to as the "Parties" or individually as the "Party"). These GTC do not apply to Purchase Contracts in which the exclusion of these GTC has been expressly agreed. These GTC apply only to Buyers who are not consumers within the meaning of § 419 CC.
The Purchase Contract consists of the following documents:

quotation of the Seller;
the Buyer's purchase order which includes identification (number and date of issue) of the Seller's quotation; and
these GTC.

The Purchase Contract is concluded by unconditional acceptance of the Seller's quotation and these GTC by the Buyer, in the form of an order of the Buyer delivered to the Seller. In the event that the Buyer's order contains additional conditions or deviations from the Seller's quotation and/or these GTC, the Purchase Contract is concluded only at the moment when the Seller confirms the Buyer's order in writing.
All possible changes and additions to the concluded Purchase Contract require a written form.
All deliveries provided under the Purchase Contract shall be made solely on the basis of the Purchase Contract, including these GTC. This excludes the application of the Buyer's general terms and conditions, unless accepted in writing by the Seller.
Individual contractual arrangements between the Parties shall prevail over these GTC. These individual contractual arrangements require a written form.


Payment of the Purchase Price

Unless otherwise agreed between the Parties, the Seller's right to invoice shall commence at the time of delivery of the goods to the Buyer or to the first carrier, if dispatch of the goods has been agreed between the Parties.
The purchase price including all taxes and fees must be paid on the due date in the agreed currency and without deductions. The Buyer shall not be entitled to withhold or set off payments of the purchase price against any of its claims against the Seller without the Seller's consent.
The due date of invoices issued by the Seller is 14 days from their delivery to the Buyer, unless a different due date is indicated in the invoice.
The Buyer, who is in delay with the payment of the invoice, is obliged to pay the Seller a contractual penalty in the amount of 0.5% of the amount due for each day of delay. The contractual penalty does not exclude the Seller's claim for compensation for damages arising from the Buyer's delay in an amount exceeding the contractual penalty.
Discount, bill of exchange and letter of credit costs are responsibility of the Buyer.
In the event of a substantial deterioration of the Buyer's financial conditions (especially in the event of a declaration of bankruptcy, the Buyer entering into liquidation, etc.) or in the event of the Buyer's default in payment of any claim of the Seller, the Seller shall be entitled to withhold the unfulfilled deliveries from all Purchase Contracts concluded with the Buyer, without this constituting a breach of any Purchase Contract or the Buyer's right to withdraw from any Purchase Contract.


Delivery Conditions

The delivery period specified in the Purchase Contract shall commence on the date of confirmation of the Buyer's order by the Seller, unless otherwise agreed. Failure of the Seller to meet the delivery deadline is not a material breach of contract. Compliance with the delivery deadline by the Seller presupposes the Buyer's cooperation, in particular clarification of all technical and commercial conditions. The delivery period shall be reasonably extended in cases where the delivery is delayed due to a breach of the Buyer's cooperation obligations.
The delivery period shall be extended proportionately in cases where the delivery is delayed due to circumstances excluding the Seller's liability pursuant to Section 2913 (2) CC. The Seller is obliged to inform the Buyer of these circumstances without delay. If these obstacles last longer than one month, the Buyer is entitled to withdraw from the Purchase Contract. In such cases, the Buyer shall not be entitled to compensation for damages.
Any additional requirements of the Buyer to amend the Purchase Contract, if accepted by the Seller, shall extend the delivery period accordingly. If the Buyer's requirements for a change in the quality of the goods are accepted, this shall be subject to the Seller's right to a reasonable price adjustment. The Seller shall, in such a case, be exempt from liability for defects that have occurred as a result of non-standard technological procedure in order to meet the Buyer's requirements.
If the Seller has been in delay with the delivery for more than 1 month, the Buyer is entitled to withdraw from the Purchase Contract only after the expiry of a reasonable additional period set by the Seller (but at least 14 days), unless it is a case referred to in paragraph 2 above.
The Seller is entitled to postpone the delivery of the goods if the Buyer has not fulfilled the Buyer's obligations, the fulfilment of which should have preceded the delivery of the goods according to the Purchase Contract, or if the Seller has, after the creation of the contract, found circumstances that rightfully raise concerns that the Buyer will not meet its contractual payment obligations. Such a circumstance is, inter alia, if the Buyer has not fulfilled its contractual payment obligations from the previous Purchase Contract.
In the event that the Buyer has been in delay with the acceptance of the goods for more than 14 days from the date of delivery of the call for collection or acceptance, the Seller is entitled to apply a contractual penalty of 0.1% of the contractual price of the delivery for each day of delay from the date of the delivery of the call for collection and acceptance. The contractual penalty does not exclude the Seller's claim for compensation for damages arising from the Buyer's delay in an amount exceeding the contractual penalty.
In the event that the Buyer has been in default of acceptance of the goods for more than 60 days from the date of the delivery of the call for collection and acceptance, the Seller is entitled to withdraw from the Purchase Contract. This does not affect the Seller's claims for damages.


Transfer of the Risk of Damage to the Goods

If the Seller hands over the goods to the carrier for the purpose of transport to the Buyer, the risk of damage to the goods passes to the Buyer at the moment of handing the goods over to the first carrier. If the Buyer accepts the goods directly, the risk of damage passes to the Buyer at the moment of acceptance of the goods.
If the delivery of the goods is terminated or delayed as a result of the Buyer's instructions or wishes, the additional costs incurred by both Parties related to such termination or delay in delivery shall be borne by the Buyer.


Quality of Goods

The goods must be of the quality required by the Buyer in the validly concluded Purchase Contract, or according to the relevant technical standard, or the characteristics usual for the relevant type of goods.
Complaints for obvious defects can be made within 8 days of receipt of delivery. A complaint is timely if it is sent to the Seller on the last day of the deadline with all the requirements.
The complaint must be accompanied by a copy of the delivery note and identification details of the Purchase Contract under which the delivery was made. The Buyer is obliged to describe the defect of the claimed goods and attach all relevant documents related to the claimed defect.


Reservation of Ownership

The ownership right to the delivered goods passes from the Seller to the Buyer at the moment of full payment of the purchase price including any interest and contractual penalties. The preceding sentence also applies to delivered goods that have been mixed or combined with other items or otherwise processed by the Buyer.
In the case of payment by a bill of exchange or a cheque, the goods are paid by cashing thereof.


Place of Performance

The place of performance is the place specified in the order depending on the method of transport:

If the Seller's performance includes the transport of the goods to the Buyer, then the place of performance is the place of delivery of the goods to the Buyer. If the transport is provided by another carrier or means of transport of the Buyer, the place of performance is the Seller's dispatch warehouse where the goods are handed over to the Buyer or the first carrier against the confirmation of the delivery note.
In the event that transport is provided by the Seller's means of transport, the transport price is charged in the invoice according to the actual distance and according to the mileage rate indicated in the Seller's quotation.




Returnable Packaging and Means of Transport

The goods agreed as the subject of performance of the Purchase Contract shall be delivered to the Buyer in returnable packaging. The Seller shall indicate this fact in the delivery note and in the invoice. Upon delivery, the Seller shall invoice the purchase price of the returnable packaging. Packaging is returnable within 6 months of delivery of the goods and the Buyer is obliged to return it to the Seller at the Seller's place of business. When returning undamaged packaging, the Seller shall issue the Buyer a corrective tax document (credit note) for the amount of the price of the returned undamaged packaging. The type and number of packaging will be stated in the credit note.
In the event that the Buyer returns damaged packaging to the Seller, the Seller shall have the right to reduce the amount credited to the Buyer accordingly or to refuse to accept the damaged packaging. If the Seller refuses to accept the damaged packaging, the Buyer is not entitled to a refund of the purchase price or any part thereof.
The Seller is entitled, but not obliged, to accept packaging from the Buyer even after the expiry of their return period.


Final Provisions

These General Terms and Conditions come into force and effect on 2. 11. 2021.
The relations between the Parties established by the Purchase Contract not expressly regulated in the Contract shall be governed by the law of the Czech Republic, in particular the provisions of the Civil Code (CC).



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