1. The introductory provisions and definition of the terms
1.1. These General Sales Conditions ( hereinafter referred to as „GSC“) in general arrange the rights and obligations arising from the sales contract or contract for work done (hereinafter referred to as “contract”) concluded between the buyer / order party (customer) and the seller / contractor, who is always the company VS – MONT, s.r.o., address: Lazy pod Makytou 1030, 020 55 Lazy pod Makytou, Slovakia, Company Identification Number: 31 601 413, registration: District Court in Trenčín, Part Sro., File no. 2569/R (hereafter referred to as „Supplier“ or „VS -MONT, s.r.o.”)
1.2. The contracting parties have agreed, that the customer accepts these GSC“ in their full text from the moment of the conclusion of the contract.
1.3. These GSC will be applied to all relations between the customer and the supplier arising from the conclusion of the contract.
1.4. GSC are an integral part of the contract. In the case, that the contracting parties agree an area governed by the GSC in the contract differently from the GSC, the provisions of the contract will be prior to the GSC.
2. The supplier’s rights and obligations
2.1. The supplier is obliged:
- to deliver the goods or service on the basis of the contract to the customer in the agreed quantity and required quality, at the agreed time and on other individually agreed terms,
- to hand over at the latest together with the goods / service in written or electronic form, all the documents necessary for the taking over and use of the goods / service and other documents prescribed by the applicable legislation (manuals, warranty certificate, delivery note, tax document, etc.) to the customer,
2.2. The supplier has the right for a proper and timely payment of the purchase price / cost of the work from the customer for the delivered goods / service.
2.3 The supplier has the right and the customer accepts the supplier’s right by confirming this offer to unilaterally increase the price by the rate of increase in the price of various materials or components built into the product.
Such an increase in price may arise at any time between sending the offer and delivery of the product.
If necessary, the supplier is prepared to objectively prove this increase at any time.
3. The rights and obligations of the customer
3.1. The customer is obliged:
- to take over the purchased or ordered goods / service without delay after the supplier has informed him, that the goods / service is ready for taking over,
- to pay the agreed purchase price / the price of the work within the agreed due period to the supplier
- to not harm the good name and reputation of the supplier,
- to confirm the taking over of the goods / services with their signature or signature by the authorized person and the stamp, if available, in the delivery note.
3.2. The customer has the right to deliver the goods / service in the quantity, quality, time and place agreed by the parties in the contract.
4. The delivery and payment conditions
4.1. The goods / services are offered and sold by the supplier through exposed models, catalogs, type sheets, offering sheets, other documentation and samplers, whereby all the basic products of the supplier are available on his website, but in particular they are presonally consulted directly with the customer as soon as he shows interest in presenting the products.
4.2. The contracting parties will agree on a concrete delivery term individually in the contract, eventually at least by electronic mail, and always based on the required nature and quantity of the goods / service.
4.3. The customer is obliged to take over the goods / service from the supplier at a place agreed in the contract, as the place of the delivery of the goods / service – it is usually the supplier’s address or the address of his production operation.
4.4. The customer is obliged to control visually the goods and evntually their packaging immediately after the receipt from the supplier. In case, that the customer discovers any defects of the goods or the packaging of the goods, he is obliged to notify it immediately to the supplier, write down a record about it and hand it over to the supplier. So far as the customer does not fulfill his obligations according to the previous sentence, the goods are deemed to have been delivered properly and without any defects or shortcomings.
4.5. The method of payment, the time schedule of the payment of the purchase price / price of the work, as well as other payment terms, shall be negotiated by the contracting parties individually in the contract.
5. The acquisition of the ownership and transfer of the danger of the occurence of a damage on the goods.
5.1. In the case of a purchase contract, the customer acquires ownership rights of the goods until full payment of the entire purchase price for the goods.
5.2. The danger of a damage on the goods passes to the customer at the time of receipt of the goods from the supplier, or when he does not do so in time, so at the time when the supplier allows him to dispose of the goods and the customer will not take over the goods.
6. The claims for product defects, warranty, complaint
6.1. The supplier is responsible for the defects in goods / services, that are known by the taking over the goods / service by the customer, respectively for those, that occur during the warranty period. The supplier is responsible for the quality, quantity, kind, packaging, documents needed for the proper use of the goods / service. The goods must comply with binding technical norms, production documentation, quality, respectively agreed conditions according to the contract, and may not have legal defects.
6.2. By the goods / service, that were delivered at a lower price (the discount from the price was provided), the supplier is not responsible for the defect, for which the lower price was agreed, respectively provided discount.
6.3. The warranty period for the supplier’s goods / service is:
a) twenty four (24) months for the customers from the member states of the European Union and
b) twelve (12) months for the customers out of the member states of the European Union unless otherwise agreed in the contract, which starts to pass from the date of receipt of the goods / service by the customer, or from the date of the reporting of the readiness of the goods for taking over, on the assumption, that the customer does not take over the goods in time.
6.4. The details of the procedure by the application of the claims of the damages of the goods / service are concretely regulated in the Complaint Rules of the supplier, which is attached to these GSC and the customer confirms by signing the contract, that he has consulted and agrees with this order.
7. The abandonment of the contract
7.1. The supplier is, except in the cases appointed in the law no. 513/1991 Collection of Laws as subsequently amended ( hereinafter referred to as “Commercial Code”), entitled to withdraw from the contract even if:
a) there are reasons, that may be considered as circumstances of force majeure, eventually when without the supplier’s fault, other reasons occured, for which the goods / service can not be delivered (the unavailability of the goods at the supplier of feed materials and materials), or
b) when the customer has changed his assignment in a substantial way during the production of the goods or the preparation of the service and refuses to take over the originally ordered goods / service.
7.2. The customer is, except in the cases appointed in the law no. 513/1991 Collection of Laws as subsequently amended ( hereinafter referred to as “Commercial Code”), entitled to withdraw from the contract even if:
a) the supplier informs the customer, after the conclusion of the contract, about an increase of the price of the goods / service by more than 15%. 7.3. The abandonment of the contract must be made in writing form and delivered to the other party’s correspondence address and shall take effect at that moment.
8. The final provisions
8.1. The supplier reserves the right to change these GSC. The obligation to notify the changes in these GSC in writing is accomplished by placing their actual version on the supplier’s website.
8.2. The contracting parties agreed, that written communication will also include communication in the form of e-mail messages.
8.3. The relevant provisions of the Commercial Code are related to the relations, which are not governed by the contract and by these GSC.
8.4. These GSC become generally operative from the date of their publication on the supplier’s website and their effectiveness against the concrete customer at the time of the conclusion of the contract. Any changes of these GSC will take effect by publishing them on the supplier’s website.
In Lazy pod Makytou, on 01.04.2022