General Terms and Conditions of RAVEO s.r.o.
The company RAVEO s.r.o. with its registered office in Otrokovice, Objízdná 1943, ID No. 29194156, registered with the Regional Court in Brno in Section C, Insert 64674 (hereinafter also referred to as “Seller”) issues these General Terms and Conditions (hereinafter also referred to as “Terms and Conditions”) in accordance with the provisions of § 1751 et seq. of the Civil Code No. 89/2012 Coll:
I. Formation of the Purchase Contract
- A contract of sale in written form is formed by agreement of the parties on its contents. Part of the content of the contract of sale may be determined by reference to the terms and conditions attached to the contract of sale or known to the parties on the website: www.raveo.cz/obchodni-podminky.
- If a catalogue sheet, instructions or recommendations are translated as part of a commercial offer, contract or delivery, then according to international practice, the Czech and English languages are considered equivalent.
- A contract of sale is also created by confirming a binding order of the buyer. In case of doubt, the order shall be deemed to have been received on the third day after dispatch if sent by post or on the same day if sent by fax, e-mail or electronically.
- The Buyer shall be bound by his proposal for a period of 8 days after delivery to the Seller. Within this period, acceptance (order confirmation) by the seller is required, otherwise the contract does not arise.
- Any changes in the content of the contractual arrangements against the sent and confirmed contract proposal are considered as a counter-proposal and the 8 day acceptance period also applies (this also applies to confirmation of less than the ordered quantity of goods).
II. Shipping of goods
- Unless otherwise agreed between the Seller and the Buyer in a specific case, the Seller shall arrange for the transport of the goods to the Buyer according to the transport practices of General Logistics Systems Czech Republic s.r.o., Geis CZ s.r.o., TNT Express Worldwide, spol. s r.o. The price of transport shall be borne by the Buyer.
- The place from which the transport is carried out according to these terms and conditions is the Seller’s registered office, and the place of final destination is the Buyer’s registered office, unless other conditions of performance are agreed in the contract.
- The Buyer undertakes to acquaint himself with the terms and conditions of the carrier and to abide by them.
III. Delivery of goods
- Fulfillment shall take place on the basis of handover and acceptance of the goods by confirming the delivery note.
- Receipt of the goods shall be made by an authorised employee of the Seller with the Buyer’s representative or the carrier. The buyer is obliged to inspect the goods with due care.
- The result of the acceptance of the goods will be a delivery note, which will record the result of the acceptance procedure.
- After acceptance of the goods by the Buyer, the Seller shall hand over the confirmed delivery note to the Buyer as proof of performance.
- If the performance is by handing over to the carrier, the driver shall confirm the delivery note on behalf of the buyer and add his name, ID card number, license plate number of the vehicle that provided the transport.
IV. Purchase price
- The price of the goods is agreed as a contractual price and is understood to be EXW RAVEO Ltd. Otrokovice, unless both parties agree otherwise.
- A price agreement is established by the confirmation of the order by the buyer to the seller with the price per unit of goods or by negotiating the price in the purchase contract.
- In the event of withdrawal from the purchase contract by the buyer, the buyer undertakes to pay the seller, on the agreed delivery date, a termination fee in the amount of the actual costs, but not less than 70% of the price of the goods excluding VAT.
V. Payment terms
- The Seller shall issue a tax document – invoice to the Buyer following the delivery note and send it in electronic form to the Buyer’s e-mail address, unless the invoice is delivered at the same time as the delivery of the goods. The parties agree to use the tax document in electronic form.
- In addition to the general requirements of a tax document, the invoice shall contain the order number and, where applicable, the number of the purchase contract.
- The buyer is obliged to pay the invoice within 14 days from the date of the invoice to the seller, unless both parties agree otherwise.
- The purchase price shall be deemed to have been paid upon credit of the full amount to the Seller’s account.
- In case of delay of the Buyer in payment of the invoice within the term agreed in the contract, the Seller is entitled to charge the Buyer for each day of delay interest of 0.05% of the amount due for each day of delay. If the purchase contract is not concluded in writing, the debtor shall pay the default interest as provided by law (§ 1802 of the Civil Code).
VI. Packaging and marking of goods
- The goods shall be packed in a manner appropriate to the agreed or chosen method of delivery so as to protect them from damage and destruction during transport. Standard packaging is considered to be cardboard packaging, pallet, wooden crate, etc.
- Unless otherwise stated, packaging, appropriate preservation including accompanying documentation of the goods is according to the practices of RAVEO Ltd. .
- Packaging and suitable preservation will be charged to the Buyer (unless otherwise agreed by the parties). The relevant VAT rate shall be added to these prices.
VII. Acquisition of title and transfer of risk of damage
- The buyer acquires ownership of the goods on the date of full payment of the price of the goods.
- The Seller is obliged to deliver the goods in medium quality, unless another quality is agreed between the parties (§ 1915 of the German Civil Code).
- The method of delivery of the goods is up to the seller (§ 1926 of the German Commercial Code).
- No liability for damage to the goods is transferred to the buyer upon acceptance of the goods.
- In the case of delivery of goods by a carrier, the risk of damage to the goods passes upon delivery of the goods to the carrier.
VIII. Warranty conditions
- RAVEO s.r.o. guarantees that its goods are free from defects in materials and workmanship for a period of 12 months from the date of receipt of the goods (quality guarantee according to § 2113 et seq. of the German Commercial Code). The quality guarantee is valid only if the goods are used according to the specified instructions, catalogue sheets or generally applicable regulations and rules. The quality guarantee is limited to the repair or replacement (exclusively by RAVEO s.r.o.) of any part or parts defective due to material or manufacturing reasons. This is subject to review by RAVEO Ltd. Goods must be returned with a detailed description of the defect in the complaint report available on the website www.raveo.cz/reklamacni-protokol, freight charges to be paid by the purchaser. The defect can be claimed within twelve months from the receipt of the goods (§ 1921 of the German Civil Code).
- RAVEO s.r.o. is not responsible for circumstances outside its scope of responsibility, for damage to the goods by accident, natural disaster, violence, improper handling, improper installation or failure to comply with operating conditions. This guarantee does not apply to goods or components thereof which, at the sole discretion of RAVEO s.r.o., have been contaminated, overheated, negligently handled, improperly used, tampered with, or otherwise misused. The purchaser is obliged to ensure professional installation in accordance with the applicable CSN, DIN, ISO standards and to ensure the professionalism of the personnel in the installation and operation of the equipment.
- The Buyer is not entitled to claim any extra costs or damages associated with the claim or defective performance (e.g. for work required to replace defective parts).
- RAVEO s.r.o. makes no other warranties, direct or inclusive, and is not liable for any consequential damage resulting from use by any purchaser or user, its liability being limited to the value of the goods sold, their component parts or the obligation relating to the replacement of the defective part. In no event shall RAVEO s.r.o. be liable for loss of anticipated profits, consequential damages or losses to any equipment, installation, system of operation or service in which the goods supplied by RAVEO s.r.o. may be incorporated. For the avoidance of doubt, by entering into the contract (acceptance of the order), the purchaser waives to the maximum extent possible his rights to claim damages, lost profits, consequential damages or losses in connection with the delivery of the goods or performance of the contract (order).
- RAVEO s.r.o. shall not be liable for any breach of warranty, failure of delivery or other events except as specified herein.
- Warranty is void upon damage or removal of the manufacturing label.
- The Buyer is obliged to notify the defect in writing without undue delay after discovering it by means of a complaint report, including sending the claimed product to RAVEO s.r.o. The Seller is not obliged to resolve a defect submitted in violation of this paragraph. The Buyer is obliged to claim obvious defects within 30 days from the date of dispatch of the goods. In case of failure to claim the defect in time, this claim shall expire.
- The fulfilment of the guarantee consists, at the seller’s discretion and in agreement with the buyer, in:- delivery of replacement goods for the defective goods or delivery of the missing goods- repair of the defect if it is repairable- discount on the purchase price- withdrawal from the contract
- All goods supplied by RAVEO s.r.o. are inspected and tested by the manufacturer in accordance with the manufacturer’s practices and technical specifications. As the actual installation and operation of the purchaser’s equipment cannot be accurately assessed and reproduced by RAVEO Ltd, the suitability of the goods is entirely the responsibility of the purchaser, for which the purchaser is fully responsible.
- Other arrangements shall be governed by the German Civil Code, unless these terms and conditions provide otherwise.
IX. General and Final Provisions
- In accordance with § 1751 (1) of the German Commercial Code, derogating provisions in the contract take precedence over the wording of these Terms and Conditions.
- RAVEO s.r.o. trades only on the basis of these terms and conditions. Any change to them must be made in writing and expressly agreed to by the seller. The Buyer’s terms and conditions shall only be deemed accepted if they are expressly confirmed in writing by the Seller as an addendum to these terms and conditions. Otherwise, the application of the buyer’s terms and conditions to the contract is excluded.
- These terms and conditions regulate in detail the position, rights and obligations of the Seller and the Buyer when concluding purchase contracts for the supply of goods by RAVEO s.r.o. in a simplified form by confirming the order.
- In the case of conclusion of a purchase contract in writing, these terms and conditions shall apply only if the purchase contract so provides by reference.