General Purchase/Sales Terms and Conditions ATYPO s.
r. o. Article 1 Unless otherwise
agreed the contract shall be governed by the following General Purchase/Sales
Terms and Conditions. What not agreed in
the Contract, it shall be governed by the respective provisions of the Trade
Code of the Czech Republic. Any
preliminary agreements concerning the Contract shall become null and void if
they are in controversy to the present Contract . All amendments to the Contract
shall be made in writing. Article 2___________________________________________________________________________________ 1. The purchase price shall be invoiced to the Buyer
by the Seller. The due date of the
invoice shall correspond to the terms of payment agreed in the Contract. Should the invoice value be not paid on
maturity, then the Seller has the right to charge the Buyer with the respective
interest as per the rate and other conditions -agreed in the Contract. Additional costs, if any, occurred due to
amendment of the original instructions and requirements by the Seller shall be
paid accordingly and on the same conditions. 2. The Seller shall
have the right to invoice the goods on the date of dispatch, ie after the goods
have been handed over for transportation, or on the date of storage, should
that be required by the Buyer, or the Buyer did not handed over the
instructions for dispatch in time. Article 3 The title to the
goods shall transfer to the Buyer at the moment of the full payment of the
agreed purchase price for the goods delivered and for the additional costs
occurred due to Buyer s fault, and which were duly invoiced by the Seller. The Buyer shall
have the right to dispose of the goods purchased in a usual manner until the
moment the Buyer is in arrears or insolvent or bankrupt or shall go into
liquidation on the basis of a legal action. Article 4 Should the
purchased goods be not dispatched or handed over due to Buyer s fault, then the
Seller is entitled to dispose of the purchased goods at the costs and risk of
the Buyer. In such a case the purchased
goods might be stored in Seller s or public warehouse or in the warehouse of a
third party or they might be sold. The
Seller shall be entitled to ask the Buyer for damages. Article 5 The Buyer shall
have the right to submit a) quantity claim to the Seller when taking over the
purchased goods and b) quality claims of which ba) obvious defects within 7
(seven) days from the take over of the purchased goods and/or other than
obvious defects within 7 (seven) from their ascertainment, however, within 3
(three) months after the take over of the purchased goods. The Buyer shall
submit the claim by a registered airmail letter. Should the claim be advised by a telex or
fax, then it shall be confirmed by a registered airmail letter. The date of the submitting of the claim shall
be that of the mail stamp date of the registered airmail letter. Article 6 As circumstances
excluding the responsibility shall be deemed natural disasters, fire,
explosion, war, riot, strikes, civil commotions which impede or prevent from
the timely performance of the Contract. Article 7 Where not in
contradiction to the agreed terms, the Contract shall be governed by Incoterms
1990 edition including subsequent amendments subsidiarily to apply. Article 8 The agreed terms
and conditions of this Contract, including its validity and/or nullity shall be
governed by the Czech Law. Any claim or
dispute not settled in a conciliatory manner shall be submitted to the Arbitration
Court of the Chamber of Economy and Agriculture (Hospodarska komora Ceske
republiky a Agrarni komora Ceske Republiky). |