General Commercial Terms
The General Commercial Terms of the company INTERPROMOTION, s. r. o.,
areál Svit - Rybníky, budova 294,
760 01 ZLÍN, company registration number: 26266253, registered in the
Commercial Register kept by the Regional Court in Brno, Section C, Insert
no. 40927
Introductory Provisions
These General Commercial Terms (“Terms”) are issued by the
company INTERPROMOTION, s. r. o., areál
Svit - Rybníky, budova 294, 760 01 ZLÍN, company registration number:
26266253, registered in the Commercial Register kept by the Regional
Court in Brno, Section C, Insert no. 40927 („INTERPROMOTION“) as the
Seller
of the following products in order to determine prerequisites, terms,
conditions and particulars for the preparation and transaction of its
business.
These Terms shall be deemed as accepted upon their signature or upon
the adoption of any document
of INTERPROMOTION referring to the present Terms.
Terms and Definitions
1. Buyer shall mean a person, who in compliance
with these Terms has issued a written purchase order
to INTERPROMOTION.
2. Performance shall mean Goods delivered by INTERPROMOTION
in accordance with a received and acknowledged Order and in compliance
with its scope of business activity.
3. Goods shall mean products specified in an offer that includes quantity
and price quotations.
4. INTERPROMOTION submits offers in written form. Offers
made by INTERPROMOTION are not binding
and the elements of a business transaction are accomplished only after
a written acknowledgment of an Order.
5. Order is a unilateral legal act of the Buyer towards
INTERPROMOTION with the aim of receiving performance
by INTERPROMOTION.
Essential particulars of any Order are the following:
| a) |
business firm of Buyer, |
| b) |
registered office of Buyer, |
| c) |
mailing and invoicing address if different from Buyer’s registered
office, |
| d) |
company registration number (IČ) and VAT registration number (DIČ)
of Buyer, |
| e) |
banking information and account number of Buyer, |
| f) |
designation of Goods and its quantity, |
| g) |
signature of Buyer’s statutory body or Buyer’s representative
or authorized person, including his/her printed name, |
| h) |
a copy of an entry in the Commercial Register or Register of Trades,
and certificate of VAT taxpayer attached
to an order unless submitted before to INTERPROMOTION, |
INTERPROMOTION is entitled to refuse
or return any orders not containing the essential particulars to the order
party for complementing. Failure to complement the essential particulars
shall result in the order being deemed
as not received.
6. Delivery or performance by INTERPROMOTION
shall mean the moment of the Goods delivery to the Buyer
or the first carrier. Partial performance is admissible and the Buyer
may not refuse it.
7. Guarantee claim is a unilateral Buyer’s legal act
by which the Buyer claims his rights from liability for defects
of goods. Any guarantee claim shall be asserted in accordance with the
Guarantee Claim Guidelines
of INTERPROMOTION, which form an integral part hereof.
8. Invoice shall mean a document described in Article
III hereof.
9. Due date shall mean a date determined by INTERPROMOTION
as the date when the purchase price including VAT shall be credited
to the account of INTERPROMOTION or paid in cash.
Delivery Terms and
Conditions
1. The subject of purchase shall be Goods delivered by INTERPROMOTION
according to an acknowledged purchase Order.
2. Goods shall be delivered only pursuant to a written order of the
Buyer acknowledged by INTERPROMOTION.
3. INTERPROMOTION is entitled to refuse performance without any right
of sanctions on the part of the Buyer
if the Buyer has outstanding financial obligations towards INTERPROMOTION
payable on the date of the Goods delivery.
4. Acceptance of the Goods shall be acknowledged by the Buyer to INTERPROMOTION
on a delivery-acceptance certificate. The certificate shall contain
proper identification of the Buyer as well as the full name of the person
confirming acceptance of the Goods. The Buyer acknowledges that the
carrier shall not be obliged to verify compliance of information given
in the confirmation against the relevant document. The Buyer shall be
fully responsible for compliance with the above procedure and correctness
of recorded information. The Buyer shall
be also fully responsible for the Goods being accepted by a person authorized
thereto under the above provisions. In the event of any doubts in respect
of the delivery for the above reasons, the delivery shall be deemed
as duly performed and accepted by the Buyer.
5. Unless the Buyer has informed INTERPROMOTION about any other address
for delivery, the address
of the Buyer’s registered office shall be deemed as the place of delivery.
6. The Buyer shall immediately notify to INTERPROMOTION any alterations
in respect of the Buyer or the Goods delivery.
Purchase Price and
Payment Terms and Conditions
1. The Purchase Price of individual kinds of Goods shall always
be specified in the Invoice and shall be based
on the acknowledged Order. The price of packaging shall be included
in the price of the Goods unless agreed otherwise. Transportation cost
shall be determined separately unless agreed otherwise.
2. The price shall be payable to the bank account and on the date specified
on the invoice. Payments by cheques
or drafts shall not be accepted. Deduction of agreed discounts shall
not be admissible if the Buyer is in default
with other payable financial obligations towards INTERPROMOTION.
3. Invoice is a tax and payment document, which shall contain the following
prescribed particulars :
| a) |
company registration number, including VAT registration
number, of the Buyer and INTERPROMOTION |
| b) |
date of the invoice issue and date the arising of a VAT liability,
|
| c) |
due date, |
| d) |
designation of the Goods and its quantity, |
| e) |
total price and VAT amount or information on exemption from VAT
liability, |
| f) |
total price excluding VAT, |
| g) |
number of delivery-acceptance certificate (delivery note), |
| h) |
order number, under which the respective Order was acknowledged,
|
| i) |
Invoice registration number. |
4. Should the Buyer be in default with the payment of the Purchase Price,
INTERPROMOTION is entitled to charge
an interest on late payment in the amount of 0,1% and conventional fines
in the amount of 0,1 % from the due amount for each commenced day of delay.
In the event of default of more than 30 days INTERPROMOTION
is entitled to withdraw from the contract or suspend further Goods delivery
under acknowledged Orders. Any withdrawal from the contract shall be in
writing and shall come into effect at the moment of its delivery to the
Buyer. In the event of withdrawal from the contract the Parties shall
return all that they had received under the Purchase Contract. Return
of the Goods instead of payment for the Goods shall be permissible only
with the prior written consent of INTERPROMOTION and shall be made at
the expense and risk of the Buyer. The Buyer is not entitled
to claim any damages incurred as a result of reasons specified herein.
Rights from Liability for
Defects, Guarantee
1. Buyer’s rights and duties ensuing from liability for defects
are regulated by the Guarantee
Claim Guidelines
of INTERPROMOTION, which form an integral part hereof.
2. Unless stipulated otherwise, INTERPROMOTION shall provide a guarantee
period in the duration prescribed
by generally binding legal regulations, which is 2 years.
Miscellaneous and Final Provisions
1. The Buyer shall acquire title to the Goods upon full payment
of the Purchase Price. Liability for accidental destruction, damage or
loss of the Goods shall pass onto the Buyer at the moment of the Goods
acceptance.
2. In the event of a dispute the competent court shall be the court having
territorial jurisdiction over the registered office of INTERPROMOTION.
3. Legal relationships not regulated hereby shall be governed by relevant
provisions of the Commercial Code,
as amended.
4. By placing an Order the Buyer acknowledges an unconditional acceptance
of the present Terms .
In Zlín 1. 1. 2005
Nataša Dostálová
Managing Director
|