The present Terms and conditions (hereinafter referred to as the ”T&C”) form an inseparable part of every Purchase Contract entered into by and between DOMO GLASS, s.r.o. as the seller and the purchaser according to the provision of the Section 409 et seq. of the Act No. 513/1991 Coll. Commercial Code.
The present T&C regulate the legal relations between DOMO GLASS, s.r.o. as the seller and the purchaser expressing its interest in compliance with and in the method according to the T&C to purchase the goods. These legal relations between the seller and the purchaser occurring at the merchandise purchase, supply and complaints due to its defects are governed depending on their content and parties to the purchase appropriately by the provisions of the appropriate legal regulations of the Slovak Republic, mainly the Civil Code of the Slovak Republic and the Commercial Code of the Slovak Republic. These T&C regulate also the liabilities of the contracting parties from the moment of making the Purchase Contract based on the registration of the purchaser´s entity. Mutual relations of the seller and purchaser are also governed by the Complaints Order in the Part VII. hereunder.
The contracting parties consider the written „Order Confirmation“ as the proper Purchase Contract, whereas the present Seller´s T&C form an inseparable part of it. If the contracting parties make separately a written Purchase Contract for the same subject of fulfilment, the contractual covenants according to such Purchase Contract shall apply together with the T&C of the Seller which is the business company DOMO GLASS, s.r.o.. If the order is made on behalf of the purchaser by a person in its operation, such act shall be binding directly for the purchaser according to the provision of the Section 16 of the Commercial Code.
The subject of individual Purchase Contracts shall be the sale of metallurgic material and related services that represent the business of DOMO GLASS, s.r.o. according to the purchaser´s requirements. The basic liability of DOMO GLASS, s.r.o. as the seller is to supply the agreed-upon merchandise and services within the agreed deadline and quality and the basic liability of the purchaser is to take the goods over and to pay the agreed purchase price for it in full and within the agreed due date according to the tax document – an invoice.
If the purchaser requires that the subject of the Purchase Contract or Order Confirmation is a special requirement represented by material division, it is necessary that the purchaser indicates this requirement in the Purchase Contract or order and that the purchaser reports the relevant merchandise taking at least a day before to the commercial assistant appointed in the Purchase Contract. Material division means “commercial” division, namely with the accuracy -0 +50 mm (sawing, cutting) and -0 +100 mm (firing) from the length required. The agreement about division (type, date, preliminary price) must be a part of the contract as a basis to assess the liability for a potential defect. The balance which is a part of the supply and arises from the agreed division and is less than the smallest supplied dimension shall be seen by the seller as the material remainder with the dimension less than the required item, i.e. rest from division. With round steel with the diameter over 100 mm the seller sees a material remainder of less than 500 mm to be the remainder. The seller does not divide the connecting material supplied in boxes, sheets from rustless steel, cold-rolled black and zinc-coated sheets, mesh in packs, drawn steel and goods supplied by the manufacturer with final surface treatment (not galvanizing) and in final shape (e.g. secondary products).
If the purchaser requires the goods shipping it is liable to indicate the following in the order:
• subject and type of transport, (DOMO GLASS´s vehicle, railway, other carriers, collection service, post),
• exact transportation information,
• person authorised to take the goods over,
• time of fulfilment.
The earliest possible time of transport by means of seller´s vehicles is 24 hours after signing or delivering a signed Purchase Contract, however, this does not apply to the items up to 500 kg. With the payment remitted to the seller´s bank account the term starts to run from the day of the agreed purchase price crediting to the seller´s bank account. When making the Purchase Contract the purchaser is liable in extraordinary instances like e.g. cash payment, vehicle technical failure, special requirements on transport to ask the transport dispatcher for the goods transport. If the terms agreed to in writing are not fulfilled by the purchaser, the costs linked to useless transport shall be covered by the purchaser.
If together with the goods ordered the purchaser requires the accompanying documents, meaning control (attest) documents, declaration of conformity, declaration of parameters or if it is required to mark the goods origin, the purchaser is obliged to indicate the requirement in its order so that it may be included in the Purchase Contract or Order Confirmation.
The purchaser undertakes to return the confirmed written Purchase Contract to the seller latest within 5 days from the day of its delivery to the purchaser.
The purchaser is liable to deliver the Order Confirmation signed by it to the seller´s address within 5 days from the delivery to the purchaser. If the written confirmed order is not delivered, the seller shall not be liable to accept the purchaser´s order.
If the purchaser receives the written draft of the Purchase Contract the subject of which is the delivery of goods and services indicated in the purchaser´s order from the seller, the contracting parties acknowledge that by the useless expiration of 5 days from the written Purchase Contract draft delivery to the purchaser it is understood that the contracting parties expressly agreed on making the Purchase Contract in verbal form.
The purchaser is not entitled to claim other specifications or terms from the seller, unless indicated in the Purchase Contract or written Order Confirmation by both contracting parties.
Commercial communication between the purchaser and the seller does not create any legal claim towards DOMO GLASS, s.r.o. and can not be considered as a Purchase / Sales Contract. Binding conditions will be solely agreed in the written Purchase /Sales Contract.
If the agreement about the time of fulfilment and transport is not made between the contracting parties, the contracting parties are liable to fulfil the liability without any undue delay.
A change in transport arrangement may only be done by the company´s transport dispatcher. If the seller fulfilled its liability arising from the order by handing the goods over to another carrier, a change in transport arrangements, and/or contract of transport shall be made directly by the purchaser with the relevant carrier at its costs.
Seller´s delay shall not represent the Purchase Contract violation, if it results from reasons it could not prevent and which are not under its control (e.g. delayed or damaged subcontracted supplies, obstacles at transport, etc.). These obstacles exclude the seller´s liability for loss incurred by the purchaser due to the delay.
When taking the goods over the purchaser is obliged to prove its identity to the carrier without a request by means of valid identity documents (ID card or passport). The purchaser´s identity and right to take the goods over must be clear from such documents, otherwise the goods will not be handed over by the seller/carrier. If the goods are to be taken over by a person other than the purchaser (e.g. agreed carrier) it is required to submit a document proving the right to take the goods over with the name, surname and the ID card (passport) number of the person authorised, otherwise the goods shall not be released. The person authorised must confirm the goods taking over on the dispatch note, or vehicle´s statement with the indication of the name and surname, signature, ID card (passport) number and/or seal.
The purchaser is obliged to provide for the vehicle unloading to start within 15 minutes after the vehicle crew report at the point according to transport arrangements. If failing to meet this condition, the Seller has the right to charge the demurrage due to waiting according to the current price list. The purchaser undertakes to provide for the goods unloading by its machines and staff, unless agreed otherwise with the seller.
The access road at the point according to the transport arrangement must meet the criteria of at least the 3rd class road or local road of at least the functional class C3, whereas it is up to the vehicle driver to assess its negotiability with regard to the vehicle type, its current technical condition, type of merchandise loaded and weather conditions in the relevant moment.
If there is nobody present at the point according to the transport arrangement, the driver shall have the statement of journey confirmed by an impartial person (e.g. municipal authority) and shall bring the goods back to the seller´s warehouse. The costs of useless transport and storage of goods incurred by the seller shall be borne by the purchaser. If the purchaser fails to take over the goods supplied by the seller within the agreed deadline and place for goods taking over, the seller is entitled for the contractual fine in the amount of 0.05 % a day for every commenced day of delay from the purchase price agreed upon in the Purchase Contract for the quantity of merchandise stated in the Purchase Contract or order.
If the purchaser refuses to take the goods over without a justification or fails to take it over repeatedly without a justification, the seller is entitled to enforce all the costs incurred in this respect from it.
Any covers shall be charged by the seller as a separate item with the goods. The purchaser may return them at its own risk within 1 year from the goods dispatch, if not damaged and if reporting the number of invoice to which the covers returned relate. The costs of covers transport shall be paid by the party returning the covers. The covers of commercial goods supplied according to the Purchase Contract shall be treated in accordance with the Act No. 79/2015 Coll. on waste as amended. DOMO GLASS, s.r.o. is registered in the Registry of Liable Persons and Entitled Organisations and it fulfils its duties arising from the applicable laws in the area of waste sorting and recycling the waste from covers.
The seller reserves the right to determine the payment method for the commercial goods to the purchaser. The seller is entitled to charge the transport charge to the purchaser according to the current price list of transport services.
The purchaser is liable to report any justified objections in respect to the payment document to the seller within the due date.
The seller does not acknowledge any discounts or other reduction in the items in the payment documents for any reason whatsoever not agreed upon in writing.
The purchaser undertakes to cover all the collection costs.
If the purchaser fails to pay the agreed purchase price for goods to the seller within the due date agreed in the tax document– invoice arising from the Purchase Contract, the seller shall be entitled for the contractual delay interest of 0.03 % a day from the purchase price for every commenced day of delay. The seller reserves the right to stop other supplies up to their full payment or if the situation lasts for more than 30 days to rescind from the contract and to sell the goods ordered to a third party. In such instance the seller shall not be in delay with its contractual liability fulfilment.
The rights and obligations arising from the Purchase Contracts or Order Confirmation may be assigned to a third party only with the written consent of the seller.
The purchaser acquires the ownership title for the commercial goods taken over only after the full payment of the purchase priceand the fees linked to the potential delayed payment.
After taking over the goods not paid for the purchaser is obliged to take care of them properly and to store them in a way to prevent potential damage or theft. If violating any liability the purchaser undertakes to indemnify the seller for the loss incurred in full.
The seller and the purchaser shall not be liable for the omission of their contractual liabilities in full or in part arising for them from the Purchase Contract or Order Confirmation, if it is due to the Force Majeure such as e.g. fire, flood, earthquake, war and military operations, blockades, ban of import/export, strikes, railway failure or other circumstances with a direct impact on the Purchase Contract or Order Confirmation fulfilment. In such instance the time for the fulfilment of liabilities from the Purchase Contract or Order Confirmation shall be extended by the time such circumstances exist, unless agreed otherwise.
A person authorised to take the goods over may not condition taking over of obviously undamaged shipment by its content, quantity and sort inspection at the presence of the vehicle crew.
The purchaser is liable to report any potential goods supply defects to the seller in writing (as a complaint – data required: invoice number and goods defect specification and the right claimed from the defects) without any delay latest within 14 calendar daysfrom the supply taking over. Contact phone Banská Bystrica: +421 915 829 254, whereas a contact by phone shall not substitute the exercise of claims from goods defects. The rights from the goods or services defects which could be revealed later if exercising proper professional care must be exercised by the purchaser latest within 6 months from the goods delivery under the terms stipulated in the provisions of the Section 422 et seq. of the Commercial Code.
If the purchaser returns the commercial goods due to a complaint, it is obliged to follow the seller´s instructions it shall ask for in advance. A note shall be made in the transport documents that the goods are subject to a complaint and the relevant complaint number shall be indicated. If the commercial goods subject to a complaint are not taken over by the seller´s vehicle´s crew at the point of transport arrangement of the purchaser, the provisions of the point 5 Part III. (unloading = loading) shall apply to the purchaser.
A weight difference of +- 1% between the quantity of goods supplied and charged (applicable to an item) cannot be a subject of a complaint.
A complaint exercise by a purchaser does not establish a right for the purchaser not to pay the purchase price in full. In spite of the complaint exercise the purchase price is due in full within the due date agreed upon in the seller´s tax document – invoice or according to the contract. If the seller acknowledges the purchaser´s claim arising from the complaint, it shall issue a credit note for the settlement received within the scope of the complaint acknowledged, unless the contracting parties agree otherwise.
If the purchaser exercises the complaint without a justification, the costs linked to the complaint treatment incurred by the seller shall be covered by the purchaser.
If the seller does not receive the purchaser´s written response to its written standpoint on the complaint within 15 days, the seller´s standpoint shall be deemed confirmed.
The company provides personal data protection in accordance to the European Parliament Regulation and the EU Council nr. 2016/679 regarding the protection of individuals in relation to personal data management and personal data free movement , and in accordance to the Slovak National Council law nr. 18/2018 codex regarding the protection of personal data and the change and amendments to certain laws in accordance to which it is in position of the operator. Personal details are gained without the permission of the person concerned, which is in accordance to the Art. 6 letter b), c) and f) of the European Regulation nr. 2016/679.
Public authority can be provided with personal data. The operator does not transmit them to the third countries.
Person responsible for managing the personal data protection provision: firstname.lastname@example.org.
If it is required for the contract fulfillment for the purchaser or a person authorized by it to enter into the seller´s premises, these person shall be obliged to use personal means of protection at work in compliance with the applicable legal regulations and seller´s regulations. The personal means of protection at work shall be provided by the purchaser.
Any and all persons entering into the seller´s premises are liable to get acquainted and comply with the "Principles of Personal Safety and Movement Within The Company Site" available within the business premises for the contact with the purchaser and on the company´s web site www.qu-board.com.
Delivery of any correspondence according to this contract or in relation to it between the contracting parties (hereinafter referred to as the “correspondence”) means the delivery of correspondence by mail with the delivery confirmation proving the delivery to the address stated in the heading of this contract, delivery by a courier (courier service) or personal delivery by the appropriate contracting party.
The day of correspondence delivery shall be
a) also the day when the contracting party being the addressee refuses to take the correspondence over (also regardless of the selected method of delivery according to the point 1), or
b) if the correspondence is delivered to the contracting party by means of mail as the content of postal shipment also the day when
ba) the term of storing determined by the post office for taking over the postal shipment expires uselessly, or
bb) a note is clearly made on the postal shipment by the post-office staff that “address has moved away”, “address is unknown” or any other note of a similar meaning, if the note is true.
For the needs of deliveries by post the addresses of the contracting parties indicated in the heading of the contract or Order Confirmation shall be applied, unless the addressee of the correspondence informs the sender about another address determined for correspondence deliveries. In the case of any change in the address for correspondence deliveries the relevant contracting party undertakes to inform the other contracting party about the address change in writing without any delay; in such instance a new address notified to the contracting party before sending such correspondence shall be decisive for the contracting party.
The liability relations between the seller and the purchaser arising from the signed Purchase Contract or Order Confirmation and not governed by these documents shall be governed by the provisions of the Commercial Code (Act No. 513/1991 Coll.) as amended and other generally binding legal regulations of the Slovak Republic./div>
The seller and the purchaser undertake to resolve any potential disputes arising from the Purchase Contract or Order Confirmation in an extrajudicial manner if possible. If they do not reach an agreement in this way, any of the contracting parties may submit the dispute to the appropriate court of the Slovak Republic according to the seller´s operation for resolution.
The present T&C assume effect on November 01, 2018.