Quality and warranty conditions
of the company LIKOP, s. r.o., Třinec, Dolní Líštná No. 60, valid from 01.01.2021
1. Delivery of goods.
Based on the received order, the seller will issue and send a written confirmation to the buyer by e-mail, this confirmation will contains information about the current price, availability of goods and possible delivery date. The goods are considered delivered by fulfilling the agreed delivery conditions according to INCOTERMS 2020. The standard delivery condition, unless otherwise agreed by both parties, is the delivery parity EXW LIKOP, s.r.o. Trinec. After receiving the order confirmation, the buyer will arrange for the goods to be picked up. In the event that the buyer asks the seller to delivery of the goods, the goods will be sent to him by a transport service at the customer´s expense.
We are now sending small packages with a maximum weight up to 31.5 kg.
In the case of personal collection, the person, to whom the goods are to be handed over is obliged to prove that he makes on behalf of the buyer and is entitled to take over the goods. If necessary, the seller has the right to make partial deliveries of goods. The seller is obliged to deliver all documents and papers needed to ship the goods.
2. Packaging and security of goods.
The goods are secured by securing means that meet the conditions of safe transport. Any securing means (EUR pallets, MARS metal boxes, etc.), which are stated on the delivery note and on the invoice, are refundable. The seller bills these packages when shipping the goods. The buyer has the opportunity to return undamaged packaging within 60 days from the date of picked up. In this case, a proper credit note will be issued for the returned packaging. The buyer is obliged to enclose a copy of the delivery note when returning the securing means. In the event that the agreement of both parties stipulates that returnable packaging will be issued unaccountedly, the circulation of returnable packaging is governed by the following rules: If the borrowed packaging is not returned to the seller within 30 days of the inventory of returnable packaging, the seller has the right to invoice the full amount of packaging that has not been returned by that date. In the case of returning the packaging, the cost of transport back to the seller in both cases is borne by the buyer. Sales and purchase prices of returnable packaging are the same.
Types and prices of packaging:
* cardboard made of 5 layers of cardboard - non-returnable packaging
* wooden pallet NORMAL 800x1200mm - returnable packaging, price 7,50 EUR / each
* wooden pallet EURO 800x1200mm - returnable packaging, price 10,00 EUR / each
* metal box „MARS“ 600x800-600mm - returnable packaging, price 72,00 EUR / each
* metal box „MARS“ 800x1200-600mm - returnable packaging, price 100,00 EUR / each
The buyer undertakes to pay the purchase price and the price of returnable packaging, including VAT. Prices are valid until further notice. The purchase price can be additionally adjusted by the seller, in proportion to price changes of input raw materials and energy. If this happens, the seller must inform the buyer at least 30 days before the planned changes.
4. Payment terms.
Unless otherwise agreed, payment by bank transfer with a 14-day maturity.
The seller will invoice the goods at the time of delivery to the buyer. The day of delivery of the goods stated on the invoice is the day of taxable supply.
5. Acquisition of ownership.
Ownership of the goods passes to the buyer at the time of payment of the full purchase price, according to the provisions of § 2132 et seq. Act No. 89/2012 Coll. of the Civil Code (hereinafter referred to as the “Civil Code”).
6. Responsibility for defects.
The supplier performs regular quality control. By constantly checking the production process at all production stages by workers and output control of finished products, the supplier guarantees the customer the overall quality according to these TPP and thus the flawless use of the products. The seller undertakes that the delivered products will be suitable for the agreed purpose and accepts the guarantee for the quality of the products in the sense of § 2113 et seq. Of the Civil Code. The quality guarantee is set for the products as follows:
6.1. Products packed in cartons can be stored at the customer for a period of 3 months, depending on the environment.
6.2. Products delivered loose in metal open or closed boxes can be stored with the buyer for 1-4 weeks, depending on the environment. The products must be stored in a clean and dry environment not exceeding 60% humidity at a temperature not lower than 0ºC.
At the end of the storage period, resulting from points 6.1. and 6.2., the supplier is not liable for defects due to the stated effects. The dimensional and strength parameters of the products remain unchanged for the entire warranty period, which is 6 months. Products damaged by unprofessional and violent handling at the customer´s site are not covered by the warranty.
The notification of a defect must be made in writing and must be supported by documents certifying the validity of the complaint. When claiming goods, the seller reserves the right to check the condition of the claimed goods directly at the place of storage of goods. The claimed goods must be stored separately until the complaint is settled and any manipulation with these goods, which could make it difficult or impossible to verify the claimed defects, is inadmissible without the prior consent of the seller. Breach of the obligation laid down in these Article shall result in the termination of the rights arising from the liability of the defect.
7. Property sanction for breach of obligations.
In the event that the seller is unable to meet the agreed delivery date, he must immediately inform the buyer and its no later than 48 hours before the expiration of the contract.
If the buyer is in arrears with the payment of the purchase price or other amount due, the seller is entitled to demand from the buyer the payment of a contractual penalty for each calendar day of delay in the amount of 0.05% of the purchase price. This does not affect the seller´s right to claim statutory interest on arrears. The seller is entitled to stop deliveries to the buyer on the basis of unpaid receivables until all obligations to the seller, have been paid.
8. Withdrawal from the contract
In the event of a breach of contractual obligations (eg non-payment of the purchase price) by one contracting party, the other contracting party is entitled to withdraw from the purchase agreement. The buyer is entitled to cancel, without giving reasons, confirming the order (purchase contract) by paying a severance pay of 50% of the agreed purchase price.
9. Final provisions.
The rights and obligations of the buyer arising from this purchase contract cannot be validly transferred to another entity without the prior written consent of the seller.
The buyer, as well as his legal successor, is obliged to immediately notify the seller of any circumstances that would affect the fulfillment of obligations under the concluded general terms and conditions (order confirmation).
Email messages or fax copies sent by the seller are valid as the original.
The seller declares that he considers the price information to be confidential to third parties.
Rights and obligations not expressly stated in these general terms and conditions are governed by the relevant provisions of the Civil Code and other related legal regulations. In the event that any of the provisions of these General Terms and Conditions are or will become invalid or ineffective as a result of their conflict with applicable law, this does not affect the validity and effectiveness of the remaining provisions of the General Terms and Conditions, except where the nature of these General Terms and Conditions or their content, it follows that this provision cannot be separated from the other content of the general terms and conditions. An invalid or ineffective provision will be replaced by the current legislation in order to achieve the same result that was intended by this invalid or unenforceable provision.