GENERAL TERMS OF TRADE (GTT) of ANT. PETR, Ltd. (AP)
I. Entering Into Contract
The goods delivery contract can be entered into with AP by phone, in writing, by fax or e-mail. However, the contract becomes binding no earlier than it is confirmed in writing by AP. The confirmation in writing is understood to be an e-mail message, fax, letter or a confirmed Buyer’s job order.
The integral part of every goods delivery contract must be the goods quality specification, the goods quantity, packaging, marking, delivery term, price and its maturity. If all the delivery conditions are not specified explicitly, these corporate General Terms of Trade apply.
By entering into the goods delivery contract, the Buyer accepts these GTT of AP.
All contractual relationships are closed in conformity within the legal guidelines of the Czech Republic, namely with Provision § 1751 Section 1 of the Act No. 89/2012 Coll. of the Civil Code.
The contract is entered into in the Czech language.
II. Subject of Delivery – Quantity of Goods
The subject-matter of the contract includes only the items explicitly stated in the sales contract (hereinafter “the goods”).
The contract is considered in compliance if the quantity of the goods delivered is in a tolerance of ±10 %.
The minimum selling quantity is one cardboard box, bag, roll, etc., i.e. an entity of wholesale packaging.
III. Performance Period
Performance period, that is the period for withdrawal of the goods from AP warehouse (if not stated otherwise) is explicitly agreed upon between AP and the Buyer.
IV. Performance Price
The price is always stated with the packing, marking and handover in the Seller’s warehouse in CZK or EUR.
The price is always stated exclusive of 21% VAT.
Prices are always valid until their next amendment which shall be communicated by AP to the Buyer in a form of a written notice.
V. Terms of Payment and Delivery
If not agreed upon otherwise with the Buyer, the place of delivery is the Seller’s warehouse.
If not agreed upon otherwise, the term of payment is as follows:
- cashless reimbursement in advance – 2% discount
- reimbursement in 30 days from the invoice issue date – net
In case of failure to follow the agreed term of payment the negotiated contractual penalty amounting to 0.1 % of the due amount is added for every day the payment is delayed.
The goods are considered paid at the moment the subject amount is received in the Seller’s account. The goods remain the property of AP until the purchase price is fully reimbursed.
VI. Liability for Quality, Complaint Procedure Conditions
AP is liable for the quality of the goods, their complete status and for the compliance of the goods within the agreed conditions.
The damage risk is transferred to the Buyer once the article is accepted by the Buyer.
Any complaint regarding the quantity or apparent damage of the goods must be filed immediately, no later than within 5 working days after the goods were accepted in writing at AP. AP is obligated to accept the hidden quality defect complaint no later than within 6 months after the acceptance of the goods. However, the complaint acceptance is conditional upon the prerequisite that AP must always be able inspect the claimed goods. A complaint cannot be lodged providing the goods were already processed, used, damaged by improper storage in the Buyer’s site, or if the goods were resold.
The Seller can arbitrarily handle the justified complaint for the goods by introduction of a price deduction, recalling the goods, by using a credit note or replacing the goods with the same type of goods in perfect condition.
If the Buyer returns the claimed goods to AP, the Buyer is required to return the delivered goods in its intact packaging to AP within two weeks at AP’s expense, otherwise the Buyer is no longer entitled to return the goods and the complaint is considered unfounded.
AP accepts no liability for the goods which were damaged as a result of incorrect or non-professional handling or storage.
No quality complaint can be lodged for the goods that were sold as lesser goods, i.e. goods of of sub-standard quality.
VII. Goods Invoicing
AP delivers the goods with a packing list and no later than within two working days following the goods dispatch date, AP issues an invoice including the specification of the delivery, and namely the following:
- marking with “invoice”, date of issue, maturity date, and consecutive number
- name, residence, company ID, and tax ID of both the contractual parties
- subject of performance, goods delivery date and place
- specification of the goods price by the goods type, total price, VAT value, total price VAT inclusive
- specification of the Buyer’s bank details
The invoice is sent to the Buyer in PDF format by e-mail. By printing the invoice, the Buyer has accessed a valid accounting document which meets all the legal requirements stipulated by the trade and tax regulations.
It is the Buyer’s duty to send the copy of the extract from the Trade Register to AP, the trade certificate copy in case of a person, and the tax ID registration certificate immediately after the goods delivery contract has been entered into, or no later than before the delivery of the goods.
Property right to the goods is transferred to the Buyer no earlier than once the purchase price has been reimbursed fully, and all the Buyer’s financial obligations towards AP have been met.
VIII. Personal Data Processing
AP performs processing of your personal data because it is necessary to comply with the contract we enter into for the sale of the goods (or to take the measures adopted before such contract was entered into). AP further performs processing of your personal data that is necessary to comply with regulatory obligations. The personal information is treated in the strictest confidentiality and in conformity with the applicable legal regulations. Within the definition of the regulation regarding personal data protection ((EU) Regulation 2016/679), AP is a controller of your personal data.
Processing of your personal data is purported to comply with the contract entered into between you and AP, including the goods delivery and exercising of the rights of liability for defects and, furthermore, in complying with the associated regulatory obligations.
Your personal data will be processed for the duration of the validity of the rights and duties which result from the contract and, furthermore, for the time needed for archiving purposes according to the applicable generally-binding legal regulations, however, no longer than the necessary period stipulated by such generally-binding legal regulations.
Further recipients of your personal data which is processed for compliance with the duties resulting from the legal regulations can include our financial management bodies or any other competent authorities in situation where the generally binding legal regulations impose such duty upon AP.
IX. Final Provisions
The conditions above can be amended after the mutual agreement of both the parties, however, such an agreement must be confirmed mutually and in writing.
Czech law is applicable for any and all disputes which arise from the contractual relationship. If conciliation is not attained, all unresolved disputes arising from and in connection with this contract shall be definitively decided in the arbitration with the Arbitration Tribunal of the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic by three arbitrators appointed in compliance with the rules of this Arbitration Tribunal.
The contractual relationship is terminated by any of the following:
- when the contractual obligations of both party sides have been fulfilled
- if the agreement on the prices for the next season fails (in case of the basic contract it is necessary to state the designated time by which the agreement on new prices must be reached)
- in case of rescission of the contract, if the contract was grossly violated, i.e. specifically
- a) failure to comply with the agreed goods quality
- b) performance period is exceeded by more than 5 weeks
If any provision of the General Terms of Trade is invalid or ineffective or if it becomes such, the invalid provision shall be replaced with such a provision who’s meaning is as close to that of the original invalid provision. Invalidity or inefficiency of one provision do not in any manner affect the validity of the other provisions.
AP contact data:
Delivery address: ANT. PETR, Ltd., Randova 3167/7, 150 00 Praha 5
Electronic mail address: firstname.lastname@example.org
Phone: + 420 251 562 025
Validity of these General Terms of Trade is time-limited by issuance and publication of the updated version of GTT.
In Prague as of July 1, 2020