General Business Conditions
Incorporated in the Commercial REgister kept by the Regional Court in Ústí nad Labem, Part 3, File 24032
Opening provisions
1. These General Business Conditions (hereianfter the “Conditions”) are issued by LIGLASS TRADING CZ,s.r.o., with its registered office at Líšný 6, 468 22 Železný Brod, (hereinafter “LT", Identification No.:,267 68 453 Tax No.: CZ267 68 453, as the seller of the products specified below, for the purposes of determination of prerequisites, conditions and requirements on the preparation and implementation of its trades.
2. Any person that confirms, by signing the text of the Conditions or any other document or in any other form, its understanding of these Conditions, at the same time represents that it fully accepts these Conditions.
3. These Conditions shall also apply if LT arranges special conditions for non-catalog deliveries with another person, namely to support aspects not expressly agreed in special conditions. In case of deviating written provisions the special conditions shall apply.
4. The General Business Conditions of LT are governed by the laws and regulations of the Czech Republic, as amended, unless specified otherwise in a special written agreement concluded in accordance with these applicable conditions.
I. Terms and definitions
1. “Buyer” refers to the person that issues a purchase order to LT in accordance with these Conditions.
2. “Delivery” refers to the goods delivered by LT in accordance with its subject of business.
3. “Goods” refers to products listed in the catalog, indicating their name and order number. The specification of the quantity and type of Goods shall be given on the documents described below.
4. “Non-Catalog Goods” refers to goods not listed in the catalog, delivered by LT in accordance with special provisions of these Conditions.
5. “Purchase Order” refers to a unilateral legal action of the Buyer with respect to LT with a view to obtaining the Delivery from it.
“Purchase Order Requirements” refers to this data:
a) first and last name of natural persons or business name of the Buyer,
b) residence in case of natural persons and place of business, if different from the residence; registered office of the Buyer in case of legal persons,
c) delivery and invoicing address, if different from the addresses specified under item b),
d) Buyer’s Identification Number and Tax Number,
e) Buyer’s bank connection and account number,
f) type of Goods and their quantity,
g) designation of Goods based on the items in the LT catalog,
h) signature of the Buyer or the statutory body, authorized representative or in business practice delegated employee of the Buyer, entitled to order the Goods in accordance with the Purchase Contract, including an indication of his/her name,
i) extract from the Commercial Register or a copy of the trade license, certificate of VAT payer’s registration attached to the Purchase Order, unless submitted to LT before,
j) in case of a telephone order it is also necessary to send the Purchase Order by mail or by fax.
LT is entitled to reject or return to the orderer a Purchase Order that does not meet the Purchase Order Requirements for completion and to provide the ordered with a reasonable term to do so. In case of the vain expiry of the term the Purchase Order shall be regarded as if it had never been delivered.
II. Delivery terms
1. The subject of purchase is Goods delivered by LT. The Buyer shall select the Goods in the Purchase Order in accordance with the catalog or another document published by LT for this purpose.
2. Unless agreed otherwise, the Goods shall be delivered only on the basis of the Buyer’s Purchase Order. The Purchase Order shall be made electronically, orally, in writing or by fax. In case the Purchase Order is made other than in writing, LT reserves the right not to provide the Delivery without an additional written confirmation. As regards Non-Catalog Goods, the Buyer shall always order them in writing.
3. LT is entitled to reject the Delivery, without any remedies on the part of the Buyer, if it would undertake, in case of acceptance, to provide an impossible or disadvantageous Delivery or a Delivery apparently in conflict with common practice. It is entitled to do so at any time if all of the Buyer’s payables to LT due on the Purchase Order date are not settled properly.
4. Unless the customer collects the Goods from LT personally or special conditions are set forth, the Goods shall be delivered to the customer for a fee.
The Buyer shall confirm the takeover of the Goods, to be checked by the authorized employee of LT, in the bill of delivery. The confirmation shall contain a proper identification of the Buyer in line with the signature as set forth in the Commercial Register or the Trade License and with an indication of the first and last name of the person that confirms the takeover. The Buyer notes that the carrier is not obliged to verify the compliance of the data in the confirmation with the data stipulated in the extract from the Commercial Register or the Trade License. The Buyer shall be fully responsible for compliance with the stipulated procedure and the correctness of the indicated fata. The Buyer shall be also fully responsible to make sure that the Goods are taken over by an authorized person, entitled to take over the Goods as stipulated above. If any doubt arises later in respect of the delivery due to the unclear or inaccurate designation of the Buyer in the delivery documents, the delivery shall be deemed as properly made and taken over by the Buyer.
5. Unless the Buyer notifies LT of another delivery address, the place of delivery shall be the Buyer’s registered office. In case of designation of several addresses LT can deliver the Goods to any of such addresses, unless the place of delivery is clearly specified in the Buyer’s Purchase Order. The same shall apply if the Purchase Order specifies the place of delivery, but the delivery to the given address turns out to be impossible or quite difficult.
6. The Buyer is obliged to inform LT in writing without undue delay of any changes in the persons authorized to take over the Goods and to sign the transport (delivery) documents, just like of any changes in the delivery addresses. Any breach of these obligations shall not be a reason to question the takeover of the delivery by the Buyer and releases LT from any liability for default or damage.
7. The delivery document as stipulated in the above provisions shall usually refer to an invoice. If the delivery document is issued separately by LT, it shall be attached to the invoice later.
III. Purchase price and payment conditions
1. The Purchase Price is set in the Price List and is always quoted for the specific type of Goods in the invoice. The Purchase Price includes all expenses of LT associated with the packaging of the Goods, their marking, inclusion of all applicable documents, transport papers, price of transport of the Goods to the place determined by the Buyer as the place of delivery (unless specified otherwise in these Conditions), including protection of the Goods and their insurance. The Buyer is familiar with the Price List.
2. The price shall be paid on the date specified in the invoice and the Buyer is obliged to pay it by the specified date. The Buyer’s obligation shall be fulfilled at the time of crediting of the Purchase Price to the Seller’s account.
3. The invoice is a payment and tax document containing:
a) date of issuance and taxation date
b) maturity date
c) designation of the Goods, their quantity and unit prices
d) indication of the total price excluding VAT
e) basic or reduced price of VAT or tax exemption notification
f) indication of the total amount to be paid
g) numbers of bills of delivery, if issued separately
h) customer number, if assigned
i) Seller’s and Buyer’s identification data, including Tax Numbers
j) invoice reference number
4. If the Buyer is in default in payment of the Purchase Price of an individual delivery, LT shall be entitled to require the Buyer to pay a default interest of 0.1% of the due amount a day and a contractual penalty of 0.1% of the due amount a day. If the Buyer’s default persists for more than 30 days, LT shall be entitled to withdraw from the Purchase Contract. The withdrawal from the Purchase Contract shall be made in writing and shall be effective as of the time of delivery of the notice of withdrawal to the Buyer. The time of acceptance of a fax message shall be also deemed as a delivery. In that case the Parties are obliged to return to each other everything they have obtained hereunder. It is possible to return the Goods instead of payment only upon a notice by LT or subject to agreement with LT and shall be made at the risk and expense of the Buyer.
IV. Rights arising out of responsibility for damage, warranty
1. The rights and obligations of the Parties in enforcing the Buyer’s rights arising out of responsibility for defects are specified in the Complaint Rules of LT, which form an integral part of these Conditions. The publication of the Complaint Rules or their amendments is governed by the same provisions as the publication of these Conditions.
2. Unless specified otherwise in the Price List, LT shall provide a warranty period on all Goods as specified in general statutory regulations.
The warranty period starts on the date of handover and takeover of the Goods. Defects properly claimed during the warranty period shall be settled preferentially by replacing the Goods or the defective part.
V. Special provisions on Non-Catalog Goods and non-catalog services
1. Non-Catalog Goods shall be delivered exclusively on the basis of a separate written purchase order or purchase contract.
2. At its exclusive discretion LT can publish a special price list for individual buyers or groups of buyers. The pricing criteria will be determined by LT. The special price list will be valid if a purchase contract is concluded and the special price list is attached to it as its integral annex.
VI. Other provisions
1. The Buyer shall obtain the title to the Goods upon the full payment of the Purchase Price. The liability for any incidental destruction, damage or loss of the Goods shall pass on the Buyer at the time of handover of the Goods to the Buyer.
2. The Goods intended for further sale outside the Czech Republic shall not be exported without the prior written consent of LT. If this obligation is breached, LT shall be entitled to withdraw from this Contract.
3. LT is entitled to withdraw from any purchase contract, save for other cases stipulated in the Conditions, also if the Buyer purchases the goods for which LT has an exclusive distribution right from a person other than LT or sells the goods to any other person for the purposes of further sale.
4. These Conditions shall come into effect on the date of their execution by a person authorized to do so on behalf of LT. In case of their publication on the webpage of LT they shall come into effect on the 2nd day after publication. Any newer Conditions shall supersede previously published Conditions. The legal relationships based on the Conditions shall be always assessed with respect to the Conditions valid at the time of inception of the legal relationship.