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Commercial terms and conditions

  1. Kaletech
  2. About the company
  3. Commercial terms and conditions

General terms and conditions


  1. General provisions
    1. All current and future commercial and contractual relationships shall be governed exclusively by these General Terms and Conditions, even where they are no longer referred to.
    2. Differing terms and conditions of the customer shall not be accepted by Kaletech s.r.o., neither tacitly nor through our actual conduct, unless otherwise agreed in writing.
  2. Offer and acceptance of order
    1. Our offers are not binding. An offer shall become binding only upon receipt of the customer's order or upon fulfilment of the order.
    2. Any changes, amendments and further arrangements must be confirmed in writing by Kaletech s.r.o.
    3. The specification of the subject of delivery is determined solely by our product description. Public statements made by us or by third parties do not form part of the contract. Contents of the order: business name and registered office of the buyer, Company ID, VAT ID, contact person, description of the goods, price, number of units, method of collection/delivery, date, signature, stamp. The seller reserves the right to reject the order after assessment.
  3. Prices
    1. The prices in our valid price list are stated net, excluding VAT.
    2. The prices do not include transport to the destination specified by the customer within the Czech Republic and the Slovak Republic, or customs duties.
  4. Payment terms
    1. The purchase price is due within 14 days of the date of issue of the tax document. After delivery of the requested goods and the expiry of the due date of the tax document, the customer shall be in default.
    2. In the case of a delivery of goods exceeding the price of CZK 100,000 excluding VAT, 50% of the order value shall be paid in advance upon its issue and 50% upon delivery, but no later than within 30 days of the date of issue of the invoice – tax document.
    3. In the event of a significant deterioration in the customer's economic and financial situation (e.g. a bill of exchange or cheque protest, enforcement by a third party), any as yet unpaid tax documents shall become immediately due. Further production and deliveries of goods shall take place only after their payment.
    4. The customer's receivables may be set off against our receivables only if they have a legal basis or if they have been acknowledged by us. Set-off is permissible only in the case of legally justified or mutually acknowledged claims.
  5. Delivery period
    1. The delivery period begins to run upon dispatch of the order confirmation and after receipt of the agreed advance payment
    2. The delivery period is deemed met if, before its expiry, the goods are dispatched to the customer or the customer is notified that the goods are ready for dispatch.
    3. In the event of force majeure or delays in deliveries from our suppliers, the delivery period shall be extended accordingly. We shall be in default of delivery of the goods only after a written notice from the customer and the granting of a reasonable period for delivery of the goods of at least 1 month, except where subsequent fulfilment of the order is not possible.
    4. If the customer is in default of taking over the goods, we may withdraw from the contract without prejudice to other rights.
    5. The use of our goods and services by the customer shall be deemed acceptance thereof by the customer.
  6. Dispatch of goods and risk of damage to the goods
    1. The risk of damage to the goods passes to the customer at the moment they take over the goods from us or, if they fail to do so in time, at the point when we enable them to handle the goods and the customer fails to take over the goods despite being called upon to do so.
  7. Reservation of title
    1. The customer acquires title to the goods only upon full payment of the entire purchase price.
    2. The resale of our goods subject to reservation of title is possible only with our prior written consent. Our goods subject to reservation of title may not be provided by the customer as security for their obligations. The customer has the right to resell our goods only if the customer's claim for payment against their customer is not assigned to a third party and if the customer complies with our payment terms.
    3. The customer assigns to us, up to the amount of our receivable, their receivables against their customers arising from the sale of goods subject to reservation of title, including accessories, in return for the purchase price. We consent to this assignment of receivables.
    4. On the basis of the extended right of retention, our customer is entitled, through an authorised person, to collect receivables against us. This authorisation shall not apply if the customer is in default of payment.
  8. Warranty, limitation period
    1. The customer is obliged to inform us in writing of any obvious defects in the goods within one week of receiving the goods; if they fail to do so, they will not be able to make a warranty claim. Timely dispatch of the complaint is sufficient to meet the deadline. The customer must prove that the conditions for a warranty claim are met by the complaint containing information about the defect, the time when the defect was discovered and the timeliness of the complaint about the defects.
    2. We shall be liable for defects in the goods supplied by us as follows: those parts whose unusability is proven, or whose use is significantly restricted as a result of a circumstance that occurred before their handover to the customer, shall, at our discretion, be repaired or replaced.
    3. If subsequent performance is impossible for us, or if performance has not been commenced even after the expiry of a reasonable additional period for performance of 1 month, the customer shall be entitled, at their own discretion, to demand a reduction in the price of the goods or to withdraw from the contract.
    4. If the legal or material defects of our product are only of a minor extent, the customer shall not be entitled to withdraw from the contract or to compensation for damage.
    5. If we breach a contractual obligation in an insignificant manner, except in the case of fatal and other injuries or consequences to the health of a third party, we shall bear no liability.
    6. The customer's right to make a warranty claim expires 24 months from the date of delivery.
    7. The warranty does not cover normal wear parts (filters, injection modules, nozzles, seals) or defects caused by failure to follow the instructions in the user manual.
    8. In the event of non-collection of the goods, the warranty lapses.
    9. If the customer uses spare parts that are neither original Robatech parts nor goods traded by Kaletech s.r.o., the customer bears the burden of proof that the defect was not caused by the use of such a part — regardless of the part concerned — but that the part was already defective upon its delivery.
  9. Limitation of liability
    1. The amount of compensation is limited to the amount of the typical foreseeable damage. The amount of compensation in the case of damage to health or property is CZK 20,000,000, for items taken over a maximum of CZK 2,000,000, and for financial damage arising from product liability a maximum of CZK 10,000,000.
    2. In the event of a delay in the delivery of goods, our liability is limited to a maximum of 0.7% per week, but in total to a maximum of 50% of the price value of the delivered goods that, as a result of this delay, could not be duly and timely used by the customer in accordance with the contract.
  10. Compliance with safety regulations
    1. The customer may entrust the operation of the equipment supplied by us only to trained and instructed persons who are familiar with working on it.
    2. Our safety regulations must be strictly observed by the customer.
  11. Software
    1. The customer is entitled to use the supplied software. This software remains our intellectual property, and the customer may not copy it or make it available to third parties.
  12. Infringement of protected procedures
    1. We shall bear no liability if the customer, when using our products, infringes any rights relating to industrial-property protection or rights to production procedures. Should any third party take legal action against us in this respect — regardless of any legal grounds — the customer undertakes to release us from any claims and to provide us with appropriate guarantees.
  13. Place of performance, jurisdiction, applicable law
    1. All matters shall be governed exclusively by the law of the Czech Republic.
  14. Final provisions
    1. In the event that any provision of these General Terms and Conditions or a provision of any separate contract is invalid, it shall be replaced by a provision that the parties would have chosen in order to achieve the commercial outcome of their contract had they been aware of the invalidity of the chosen provision. The validity of the remaining provisions shall remain unaffected. The same shall also apply in the event of any legal gap in the provisions.

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