UNLESS STATED OTHERWISE IN WRITING IN THE QUOTATION, THE FOLLOWING
General Terms and Conditions of
Kaletech s.r.o., ID number: 49966995, company registered in Section C, Insert 17683 of the Commercial Register administered by the Regional Court in Plzeň, apply.
All current and future business relationships will be governed solely by these General Terms and Conditions, even if they are no longer referred to.
Any different business terms and conditions of the customer will not be accepted by Kaletech s.r.o. either secretly or by our actual actions unless agreed otherwise in writing.
Quotation and quotation acceptance
Our quotations are not binding. Any quotation will be binding only in the case of delivery of the customer's order or by implementation of the quotation.
Any changes, amendments, and other arrangements must be confirmed by Kaletech s.r.o. in writing.
The specification of the subject of delivery is defined only by our product description. Public statements made by us or by third parties do not form a part of the contract. Content of an order: trade name and registered office of the buyer, ID No., VAT ID No., contact person, description of goods, price, quantity, method of reception/delivery, date, signature, stamp. The Seller reserves the right to refuse the order after the assessment..
Prices in our valid price list are specified as net prices excluding VAT.
Prices do not include the costs for transport to the destination specified by the customer within the territory of the Czech Republic and Slovak Republic or customs duties.
The purchase price is due within 14 days of the date of issue of a tax document. After delivery of the requested goods and expiry of the due date of the tax document, the customer will be in default.
In the case of delivery of goods exceeding CZK 100,000 excluding VAT, 50% of the value of the order will be paid in advance after its issue and 50% at delivery, but no later than 30 days from the date of issue of the invoice – tax document.
If there is a significant deterioration in the customer's economic and financial situation (e.g. currency or cheque protest, enforcement by a third party), the tax documents still outstanding will become due immediately. Further production and delivery of goods will take place only after the outstanding tax documents are paid.
Customer’s claims may be offset against our claims only if they have a legal basis or if they have been recognised by us. Offsetting shall be permitted only in the event of legally justified or mutual claims recognised by us.
The delivery period starts by sending the order confirmation and after receipt of the agreed-upon advance payment
The delivery period shall be respected if the goods are sent to the customer or the customer is notified that the goods are ready for dispatching before its expiration.
In the case of Force Majeure or a delay in deliveries from our suppliers, the delivery period will be extended proportionally. We will delay the delivery of goods only after the customer has been notified in writing and a reasonable period for delivery of goods of at least 1 month has been provided, except for cases where additional performance of the contract will not be possible.
If the customer is in default with the reception of the goods, we can withdraw from the contract without prejudice to other rights.
The use of our goods and services by the customer will be considered as goods acceptance by the customer.
Goods shipment and risk of damage to goods
The risk of damage to goods is transferred to the customer at the moment they take over the goods from us or if they do not do so in time, at the moment when we allow them to handle the goods, and the customer does not take the goods despite our notification.
Reservation of the right of ownership
The customer acquires the ownership right with respect to the goods only after full payment of the entire purchase price.
Resale of our goods subject to the reservation of ownership is possible only with our prior written consent. Our goods subject to the reservation of ownership may not be provided by the customer as security for customer obligations. The customer has the right to resell our goods only if the customer's claim to payment against their customer is not transferred to any third party and if the customer complies with our payment terms.
The customer will pass to us, as compensation for the outstanding purchase price, their claims with respect to their customers resulting from the sale of goods subject to the right of ownership, including accessories, up to the amount of our claim. We agree with this assignment of claims.
On the basis of an extended lien, our customer is entitled to collect claims against us through an authorised person. This authorisation will not apply if the customer is in default with their payments.
The customer is obliged to inform us in writing within one week upon receipt of the goods about any obvious defects in the goods. If they do not do so, they will not be able to claim the guarantee. Sending the claim in a timely manner is sufficient to comply with the deadline. The customer must prove that the conditions for the claim in the warranty are met by the fact that the claim will contain the information about the defect, an indication of the time when the defect was detected and the timeliness of the claim.
We will be responsible for defects in our delivered goods as follows: those parts where impossibility of use is proven or whose use will be severely limited as a result of any circumstances that occurred before handover to the customer will be repaired or replaced at our discretion.
If the additional performance is impossible for us or if such performance is not commenced even after a reasonable additional period of 1 month, the customer will be entitled to request a discount on the price of the goods or withdraw from the contract at their discretion.
If the legal or material defects of our product are only minor, the customer will not have the right to withdraw from the contract or to compensation for damages.
If we violate a contractual obligation in a minor way, with the exception of fatal and other accidents or consequences to the health of a third person, we will not accept any liability.
The customer entitlement to warranty claims expires in 24 months as of the date of delivery.
The warranty does not cover standard worn parts (filters, injection modules, nozzles, seals) and defects resulting from failure to comply with the instructions for use.
If the goods are not taken over, the guarantee becomes void.
If the customer uses spare parts which are not original parts from Robatech or commercial goods from Kaletech s.r.o., the customer is responsible for the burden of proof that the defect was not caused by the use of such a part, regardless of the relevant part, but that the part was already defective on its delivery.
Limitation of liability
The amount of compensation is limited by the amount of compensation for typical foreseeable damage. The amount of compensation in the event of damage to health or property is CZK 20,000,000. For items taken over it amounts to a max. of CZK 2,000,000. For financial damage resulting from liability for the product it is a max. of CZK 10,000,000.
In the event of delays with the delivery of goods, our guarantee is limited to 0.7% per week, however, no more than 50% of the value of the goods supplied, which, as a result of this delay, could not be used properly in accordance with the contract and on time by the customer.
Compliance with safety regulations
The customer can entrust the operation of the equipment delivered by us only to the trained and instructed persons who will be familiarised with its operation.
Our safety regulations must be strictly adhered to by the customer.
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.
Infringement of the protected procedures
1. We will not be liable if the customer violates any rights relating to industrial or legal protection and the right to production processes when using our products. If any third party in this respect takes legal action against us – regardless of any legal reason – the customer undertakes to relieve us of any claims and provide us with the appropriate guarantees.
Place of performance, legal place, applicable law
All matters will be governed exclusively by the law of the Czech Republic.
In the event that any provision of these General Terms and Conditions or any provision of any separate contract is invalid, it shall be replaced by a provision which the parties would choose to achieve the commercial outcome of their contract if they knew of the invalidity of the chosen provision. The remaining provisions shall remain unchanged. The same will also apply in the case of any legal gap in the provisions.