Obchodní podmínky


I. Introduction
These General Terms and Conditions (hereinafter referred to as "GTC " for the purposes of this document) are an integral part of all purchase contracts concluded by ESTCOM CZ - oxidová keramika , based in Trutnov, Havlíčkova 13, Czech Republic, VAT Nr. 25295306, as the Seller on the one hand and Customers of goods on the other hand (hereinafter referred to as the "Buyer" ) .

II. General provisions
1. The purchase contract states that the Seller undertakes to deliver to the Buyer the goods determined individually or in quantity and type and to transfer ownership of these goods to them while the Buyer undertakes to pay the agreed purchase price (hereinafter referred to as "Goods").
2. The purchase contract shall be in writing. The purchase contract may take the form of a confirmed order. The purchase contract can be concluded in electronic form without guaranteed electronic signatures.
3. The Seller shall confirm the Buyer's order no later than 5 (five) working days after its receipt, otherwise it is considered that the order has not been accepted and the contract has not been concluded.
4. The Concluded Purchase Agreement, including these GTC, is the only and complete document between the parties in the case.
5. The subject of the Purchase Agreement is only from goods expressly stated and specified in the Purchase Agreement. The Seller expressly points out that the goods or related services not expressly stated in the Purchase Agreement are not the subject of the Purchase Agreement.
6. The Seller is responsible for the fact that the Goods are not encumbered by any rights of third parties that would in any way restrict or prevent its acquisition by the Buyer and its use.
7. Individual items of the Goods are always marked with the seller's internal identification, especially in the order, purchase contract, delivery note and invoice. Additionally, the Buyer confirms this by concluding the Purchase Agreement that they have been fully acquainted with as well as their designations in advance and fully understands these items.
8. In addition to the requirements stipulated by the Civil Code, the delivery period or delivery date is an essential requirement of the Purchase Agreement.

III. Prices
1. The purchase price shall be agreed by an agreement between the contracting parties.
2. The purchase price means in the delivery terms FCA Louny the seller's production plant at Postoloprtská 2951, 440 01 Louny, Czech Republic according to INCOTERMS 2010, unless expressly agreed otherwise by both parties.

IV. Payment terms

1. The Buyer undertakes to pay the purchase price on the basis of the Seller's invoice. The invoice is delivered to the Buyer by sending it to the e-mail address.
2. The seller's right to issue an invoice arises from the proper completion of the delivery. The proper fulfillment of delivery means the timely delivery of the Goods to the quality and quantity corresponding to the order (Purchase Contract).
3. The seller is obliged to send the invoice to the Buyer without undue delay after the creation of their right to issue an invoice. Dispatch shall also mean the personal transmission.
4. The invoice must have the requirements of the tax document according to valid and effective legislation and commercial documents. The invoice must include, among other things, the name of the Goods, its type and the seller's internal designation, the quantity of the Goods, the full number or an indication of the Buyer's order or purchase contract, the date of taxable performance, the date of the issue of the invoice, the date of the dispatch of the invoice, the identification of the delivery note and finally the seller's bank details.
5. The invoice is due within 14 (fourteen) days of the regular date of taxable performance, unless otherwise agreed in advance by both parties.
6. The purchase price is paid by bank transfer to the Seller's account indicated on the invoice.
7. Payment means the crediting of the purchase price in full to the seller's account.
8. In the event of defective, i.e. improper delivery or delivery of the invoice without the formalities agreed pursuant to Article V(4) the maturity of the invoice must be extended by the period during which it takes to correct the defects in delivery or invoices.

V. Delivery terms
1. The seller is obliged to deliver the Goods properly and in a timely manner within the time limit agreed by the parties in the Purchase Agreement.
2. All delivery conditions shall be governed by international rules for the interpretation of delivery documents (INCOTERMS 2010) issued by the International Chamber of Commerce in Paris. The goods are supplied by FCA Louny, Czech Republic, unless otherwise agreed by both parties in advance.
3. The seller is obliged to attach a delivery note to each delivery, which always contains at least the full number or indication of the Buyer's order or purchase contract, the date of delivery of the Goods to the carrier, the name, type designation, internal indication of the Seller and the quantity of individual items of the Goods.
4. The buyer shall carry out a quantitative check when receiving the Goods from the carrier. If the goods are damaged, they shall immediately write to the carrier's handover protocol. If the goods are taken over without reservation, later complaints of damage during transport will not be taken into account.
5. In the event of events having the character of force majeure (natural disaster, pandemic, etc.) or other events and measures of state authorities outside the seller's sphere of influence, all periods of the Seller under this Agreement are automatically extended by the duration of such events and by the time necessary to eliminate the consequences of such events.

VI. Quality requirements
1. The seller is responsible for the fact that the Goods are manufactured according to a certified quality system according to EN ISO 9001.
2. The seller is obliged to produce the Goods or ensure their production in such a way that its quality and characteristics fully correspond to the relevant technical documentation.
3. Any change to the Goods must be approved in advance by both parties.
4. Before starting production of the Goods, the Seller is obliged to introduce and continue to use the monitoring and measurement of products (Goods) in the production process or to establish and use a quality control system starting with the initial inspection of purchased materials, semi-finished products and parts, the subsequent performance of production inspections and tests as well as the final inspection of finished products (Goods).
5. The seller is obliged to keep a conclusive record of all inspections, measurements and tests during the production of the Goods as prescribed by the approved documentation. The register shall be archived for a minimum of 5 (five) years.

VII. Defects, claims responsibility
1. The Seller is responsible for any defects of the Goods that appear within 24 (twenty-four) months of receipt of the Goods.
2. The supply of goods other than those stipulated by the Purchase Agreement and defects in documents, as stipulated in Act No. 89/2012 Coll., the Civil Code as amended (hereinafter referred to as the Civil Code), these GTC and the Purchase Agreement are also considered defects of the Goods.
3. The goods have legal defects if the goods sold are encumbered by the right of a third party.
4. The quantity supplied can be claimed within 10 (ten) working days from receipt of the goods by Buyer.
5. Defects and arising claims identified before the processing of the Goods (products) are required by the Buyer to send them in writing to the Seller without undue delay after their discovery. The parties shall consider that the communication made in writing, by fax or e-mail are complied with the written form of the claim. The seller is obliged to deliver at his expense without undue delay impeccable or missing Goods to the Buyer. The hearing must take place immediately after receiving the defect complaint from the Buyer.

VIII. Final provisions
1. Unless otherwise agreed, all communication related to the Purchase Agreement shall be conducted through the following contacts: (to be supplemented)
2. If any provision of the Purchase Agreement or these GTC is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity of the other provisions, provided that the other provisions are interpreted as if the Purchase Agreement or these GTC do not contain individual invalid or unenforceable provisions.
3. The purchase contract and these GTC are governed by the legal order of the Czech Republic. The provisions of the Purchase Agreement and these GTC take precedence over the dispositional provisions of the legislation. The general courts in the Czech Republic have jurisdiction when deciding on any disputes arising out of the Purchase Agreement or these GTC, including related disputes.
4. These GTC shall take effect on the 1st of January 2022.