Sales, delivery and payment terms
Kapatex spol. s r.o., Vážská 845/5, Praha 9 – Čakovice
Company No. (IČ): 65412010; VAT No. (DIČ): CZ 65412010
All prices quoted in the Seller’s price lists and offers are exclusive of VAT, unless expressly specified otherwise. The pricing of standard products is provided on the Seller’s website at www.kapatex.com and in price lists distributed to trade partners. The Seller has the right to change such prices with effect from the date of publication.
The validity of prices in submitted quotations expires 30 days after the issue, unless another date is expressly specified in the quotation.
The prices of custom production are determined on the basis of an individual quotation depending on the chosen technology. The Seller reserves the right to supply and charge for custom made goods with a tolerance of +/-5% of the ordered number of units and with a maximum variation of +/-5% from the agreed weight per square metre (g/m2), unless expressly agreed otherwise with the Buyer.
The shipping and handling charge are 8,50 Eur per parcel for shipping to Germany or Austria within 48 hours. The shipping to other countries will be different. The shipping of consignments excessive in volume or weight is agreed on an individual basis. A consignment is considered excessive if it weights over 30 kg or its dimensions exceed 0.8 x 1.2 x 1.5 m.
The Seller provides discounts to advertising agencies and volume discounts on the basis of individual arrangements.
2) CONTRACTUAL RELATIONSHIP
The subject matter of the purchase contract (hereinafter the “Contract”) is the supply of promotional items (the “Goods”) with or without signage (i.e., a logo), ordered on the basis of the Seller’s current offer. All Goods offered by the Seller are intended exclusively as promotional and gift items. Speciality products intended for specific use are an exception, as the Buyer will be notified in accordance with customary practice.
The Seller and the Buyer undertake to proceed in accordance with the following terms and conditions:
Buyers registered as VAT payers shall specify their VAT Number (DIČ) in each purchase agreement. Other Buyers shall always specify their Company Number (IČ) in each purchase order.
In a purchase order, the Buyer shall specify the type and quantity of the Goods, the shipping method and the destination. A purchase order is binding on the Buyer for a period of five days from its delivery to the Seller.
If the Seller accepts the purchase order, the Seller shall confirm to the Buyer the type and quantity of the Goods and the price; the delivery of a notice of acceptance of the purchase order constitutes the conclusion of the Purchase Contract. A purchase order is binding on the Buyer even prior to its acceptance by the Seller, but only provided that it is accepted to its full extent and that the Seller has commenced its delivery.
The Seller is deemed to have satisfied its obligation to supply the Goods by submitting the Goods to the first carrier for shipping to the Buyer. Other delivery methods (such as pick-up in person) must be expressly agreed. Unless expressly agreed otherwise, the day of submission of the Goods to the first carrier is the day of meeting the required deadline. The Seller undertakes to enable the Buyer to exercise rights under the shipping contract vis-à-vis the carrier.
By submitting a purchase order including the specification for the production of a corporate logo or brand, the Buyer guarantees to the Seller that third-party rights are protected and third-party claims are covered. The Seller has the right to reject a purchase order or withdraw from the Purchase Contract in the event of a risk due to third-party claims or a risk of breaching lawful rights of third parties.
3) PAYMENT TERMS
The Buyer shall pay the purchase price in cash upon the hand-over/pick-up of the Goods, in cash on delivery, by means of an upfront payment, or on the basis of an invoice. For the supplies of the Goods where an upfront payment is agreed, the final date of delivery of the Goods is subject to the payment of such upfront amount, unless the Parties demonstrably agree otherwise.
If the Buyer cancels its purchase order (the “cancellation”) prior to its acceptance by the Seller, the Seller is entitled to receive a cancellation charge at 20% (twenty per cent) of the price of the cancelled goods plus the compensation of costs demonstrably incurred in connection with the work on the cancelled order. The cancellation charge and the compensation of the costs incurred are payable on the basis of a document issued by the Seller. The application of the cancellation charge does not affect the Seller’s right to the compensation of loss. Once the Seller accepts an order within five business days after its delivery to the Buyer, the order cannot be cancelled unilaterally.
The failure to pay the purchase price or accept the Goods within the agreed period shall be deemed a substantial breach of the Contract. The Seller has the right to charge for a partial supply and the Buyer shall pay the amount charged in this way.
If the Buyer is in arrears with the observance of its obligation – i.e., with accepting the Goods or paying the purchase price, including in part, the Parties agree on a contractual penalty for a delay in accepting the Goods or paying the purchase price at 0.1% of the purchase price of the unaccepted Goods or a contractual penalty at 0.1% of the amount due for each day of the delay, and furthermore on a one-time contractual penalty of CZK 1,000 for every single invoice that remains unpaid for more than twenty-one days after its regular due date.
The Seller’s responsibility for any defects of the Goods is governed by the provisions of the Commercial Code. The Seller is free of this responsibility if the Buyer fails to claim any defects without undue delay after it could discover such defects exerting due care. The Buyer shall claim apparent defects within 15 days from acceptance at the latest. The Buyer shall accept even an incomplete supply if notified by the Seller about it being incomplete no later than on the delivery of the goods, e.g. by means of the information contained in the delivery note. The Seller provides a warranty of six months from the day of acceptance of the Goods for the Goods sold under the Commercial Code.
The risk of loss of the Goods transfers to the Buyer upon the submission of the Goods to the first carrier. Any loss of the Goods incurred later shall not affect the Buyer’s obligation to pay the purchase price. A complaint, if any, has no effect on the Buyer’s obligation to pay the purchase price.
5) FINAL PROVISIONS
The packaging marketed under this Contract satisfies the requirements of Act No. 477/2001 on packaging materials.
The photographs of the various items in the catalogue and on the Seller’s website are indicative only and need not fully represent reality, in particular as regards colours and design details. Where examples of logos and names are used on such items, such logos and names are the registered trademarks of the respective companies and are shown on the items only for the purpose of illustrating their possible location.
Protection of personal data: By submitting a purchase order, requesting a quotation or completing an application for a catalogue, whether in writing or via telephone, facsimile, e-mail or the website of Kapatex s r.o., the prospect, Ordering Party or the Buyer give their consent for their personal and corporate information to be processed under the Personal Data Protection Act for business purposes of Kapatex s r.o. until revoking such consent. The Seller hereby declares that the personal data is provided voluntarily, that the persons specified in this document have the right to access the data to the extent of the law, that the consent may be revoked at any time, and that all of the entities named enjoy protection under Act No. 101/2000. Kapatex s r.o. does not knowingly provide the above data to any third parties, whether free or for consideration.
Date of last update: 12 December 2012
The submission of a purchase order constitutes the acceptance of the Seller’s business terms and conditions that were notified to the Buyer in advance or that the offer prepared and dispatched by the Seller refers to, as an input for a purchase order. If the Buyer orders a large quantity of Goods, the Buyer may be asked to confirm the order in writing.