General Terms and Conditions
Optimus Artis s.r.o.
IČ: 191 25 453
DIČ: CZ19125453
with its registered office Vídeňská 186/118, Přízřenice, 619 00 Brno
registered in the Commercial Register maintained by the Regional Court in Brno, spis. zn. C 133126
hereinafter referred to as Optimus Artis or Buyer
I.
Introductory provisions
These terms and conditions apply to all contractual relationships between the buyer and seller established by purchase agreements, the subject of which is the sale of goods from the seller's offer, purchase agreements for a specific business case, or in the form of a buyer's order and its acceptance by the seller. In the event of a conflict, the provisions of the specific partial purchase agreement shall apply.
II.
How to order goods
- Individual deliveries will be specified by the buyer in orders, including the type of goods, quantity, date (including delivery time) and place of delivery, purchase price, method of payment, and any other details. Orders must be in writing.
- The place of delivery of the goods is the place specified in the order, unless otherwise agreed in individual cases.
- It is assumed that the persons authorized to issue and accept orders are those designated by the buyer and seller in the order and its acceptance.
III.
Terms and conditions for billing and payment of the purchase price
- The price of the goods is considered to be the price stated in the accepted order.
- A delivery note or other document proving delivery of the goods must always be attached to the tax document. The seller is also obliged to always state the exact description of the goods in the tax document in accordance with the order.
IV.
Delivery terms
- The seller shall deliver the goods to the buyer gradually within the delivery periods and deadlines specified in the individual accepted orders of the buyer. Upon confirmation of the order, the order becomes binding. If the goods are not delivered in accordance with the criteria specified therein, the seller shall be liable to the buyer for damages caused by failure to fulfill its obligation.
- The goods will be manufactured and delivered in the usual quality for the given commodity.
- In the event of a delay in delivery of goods by the seller, the buyer is entitled to charge the seller a contractual penalty of 0.02% of the price of the undelivered goods for each day of delay. If the seller's delay exceeds 5 working days, the buyer is entitled to withdraw from the contract based on the relevant order. Payment of the contractual penalty does not extinguish the buyer's right to compensation for damages.
- The seller undertakes to pay all proven additional costs associated with failure to deliver the goods at the agreed time, quality, and completeness.
- The seller is obliged to hand over to the buyer, together with the goods, all documents necessary for the acceptance and use of the goods, at the latest upon delivery of the goods.
- The seller is obliged to provide the buyer with other documents related to the goods, such as PEFC certificates, etc. If the buyer incurs any financial penalties as a result of the failure to provide these documents, the buyer is entitled to charge these to the seller. This does not exclude the buyer's right to compensation for damages incurred as a result of such a breach of contract.
V.
Defects in goods and complaint conditions
- Delivered goods are defective if they do not correspond to the quantity, quality, and design specified in the contract order or commercial practices. Defects in goods also include the delivery of different goods, defects in documents, legal defects, and late delivery of goods.
- The seller is liable for defects in the goods at the moment of transfer of risk to the buyer.
- If the seller breaches its obligation to deliver the goods within the period specified in the order, if the quality of the goods is compromised, if the goods have legal defects, or if defects in the goods occur repeatedly, the contract is breached by the seller in a material way.
VI.
Other provisions
- The Seller may amend or supplement the wording of these GTC. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the GTC. The new version of the GTC will be made available on the Seller's website. www.optimusartis.eu
- The contract, as well as the rights and obligations arising from these GTC, are governed by Czech law.
- In the course of fulfilling business relations with the buyer, the seller may obtain information that is considered confidential. All information that is or could be part of the buyer's trade secrets is considered confidential.
- The Seller is obliged to maintain confidentiality regarding confidential information and further undertakes to ensure that confidentiality regarding confidential information is also maintained by its employees, workers, agents, statutory bodies, members of statutory bodies, members of the supervisory board, partners, and other persons who will have access to confidential information.
- The seller may not use confidential information for its own benefit or that of third parties without the buyer's written consent if this would be contrary to the interests of the buyer.