B2B Terms
Products
The products are either standard sale products (the “Standard Products”) or specifically manufactured for an individual buyer, including custom-made and special profile products, etc. (the “Custom Products”). The list of Standard Products produced and sold by the seller is available on the website of the seller and in the Product catalogue (“the Catalogue”), which is made available to the buyer upon request. Only the currently effective list of products is valid and can be relied on for placing orders.
The seller warrants that the quality of the products corresponds to the seller’s quality standards and that the completeness of the set of the products corresponds to the product specification currently in force.
Ordering
The buyer may order Standard Products by fax or e-mail. The buyer indicates the expected destination of the goods and the expected time of delivery. For the supply of Custom Products, the buyer requests a quote from the seller. Any quote issued by the seller is valid for thirty (30) calendar days. Acceptance of the quote by the buyer constitutes an order for the respective Custom Products. The contract for the sale of products is concluded when the seller confirms the order. In the order confirmation, the seller specifies the terms of delivery of the goods.
Prices and Payment
Prices of Standard Products are based on the price list valid at the time of conclusion of the contract of sale. Price lists are market specific and the prices may vary for different countries, territories or customer types. The seller is entitled to change the prices at any time at its sole discretion. Prices of Custom Products are specified in the respective quote issued by the seller. Unless indicated otherwise in the price list or quote, the prices include the costs of packaging, freight and insurance of the goods for transit and other costs according to the applicable international commercial terms (Incoterms 2010). Payment for the products is made either as prepayment or, if the seller has granted a line of credit to the buyer, within twenty one (21) calendar days from issuing the respective invoice.
For products made as per a special order with a price exceeding €10,000 (ten thousand euros), the buyer is obliged to pay 5% of the price upon ordering and 45-50% (at the seller's discretion) of the price before the products are made. The remaining purchase price is paid when the products are ready, but before being loaded for transport or, if the seller has opened a credit line for the buyer, within twenty-one calendar days of the issue of the respective invoice.
The buyer covers the relevant bank charges. Payments are deemed effected when the relevant sum is received in the seller’s bank account. If the buyer fails to make a timely prepayment and exceeds the due date by more than seven days, the seller is entitled to suspend or cancel the respective order.
Delivery
Unless otherwise indicated in the price list, quote or order confirmation, or separately agreed by the parties in writing or in a form which can be reproduced in writing, delivery of the Products is DAP (Incoterms 2010). The standard period for delivery of the products are indicated in the price list or the quote. The term of delivery for a specific order is specified by the seller in the order confirmation.
The buyer must take the delivery of the goods at the time and place determined in accordance with these terms. The buyer must compensate for any costs and damages that the seller incurs due to the buyer’s failure to take the delivery, including the cost of storing the goods.
Retention of title
Until the seller receives the full purchase price, the seller retains the legal property of the goods. During this time, the buyer may resell the goods only as an agent of the seller and only in the ordinary course of business to a bona fide purchaser.
Inspection and Notification
After delivery of the products, the buyer must inspect the goods or have them inspected immediately. The inspection must include checking the quantity and quality of the products and whether they correspond to the accompanying documents.
If the nomenclature, quantities or quality of the delivered products do not correspond to the order confirmation, or the products or their packaging have been damaged, the buyer must inform the seller immediately, but no later than within seven (7) calendar days from the date of delivery.
Settling of complaints
Any complaints concerning the products, which the buyer receives from persons to whom the buyer has resold the products, will be dealt with and settled by the buyer. If the complaint concerns a manufacturing defect for which the seller is liable, the buyer must inform the seller of the complaint within seven (7) calendar days from receiving it. Such complaints will be settled pursuant to an individual agreement of the parties in accordance with the seller’s standard complaints procedure. The seller will not reimburse any additional costs of the buyer or sub-purchaser (including costs of carriage), unless otherwise agreed by the parties before such expenses are incurred.
Intellectual property and product information
All of the seller’s intellectual property, including copyrights, trademarks, patents, trade names, trade secrets, know-how, technical documents, product and production specifications and other manufacturing information, or rights or licenses relating to any of the foregoing used in connection with the products, remain the sole and exclusive property of the seller.
The seller is entitled to take photos and make other recordings of the products before, during and after they have been installed, or ask the buyer to provide such photos and other recordings, and use them for marketing purposes.
Any materials the buyer has received from the seller for advertising purposes may only be used to promote the sale of the products of the seller.
