I.Range of validity and contract formation
These business conditions are inseparable part of each business transaction closed by company Kovsmol, Ltd. and a buyer. To close a business transaction means to confirm order in written form, by e-mail,fax or by phone agreement. Business transaction is invoice sale or sale in cash or business based on order, contract or a direct sale in the shop. In the case of the direct sale, the order is closed by paying cash.
II. Dividing of material
If a buyer requires dividing of the material, it is necessary for a buyer to mention this in the order and he must announce taking over the goods at latest up to 24 hours in advance in the shop.The seller performs only „ transport „ dividing , which is free of charge, and means dividing with accuracy -0+20mm ( cutting ) and -0+50mm ( burning ) from the required length. An agreement on dividing ( type, term, preliminary price ) must be a part of the contract as a background for judging responsibilities for possible defects. The seller divides material without any rests. As a rest after dividing, which is a part of the order, the seller understands the rest of the material which is shorter than 6 m. The seller divides: metal sheets to the thickness of 50mm, only into the transportable size, or dividing into the half. Dividing except transporting size is charged in accordance to the valid price list.
III. Transport of material
If a buyer requires the transport of the material , he is obliged to specify the subject of the transport , precise transport instructions , a person, who is authorised to takeover the goods and time of realization in his order. The earliest term of the transport by seller´s vehicle is up to 24 hours since the delivery of the order, the term is necessary to confirm and specify by phone call. This does not concern the item up to 6 000€. At a pledge payment, these days start to be counted since the day of charging on account of the seller.
- A buyer is obliged to ask for the transport at ordering the material. In the case, that conditions agreed in written form will not be realized by a buyer, costs connected with the waste transport will be paid by a buyer.
- If there is no other agreement on time and transport realization, the seller is obliged to accomplish duty without useless delay. The change of the transport instruction can be allowed only by operating manager – Ing. Smolka Jozef, telephone number: 051/7481788.
- The delay of the seller is not a breach of the contract, if the reasons of delay were caused by facts , which could not be avoided or stopped and which are independent on the sellers will ( e.g. delayed or damaged delivery, restrictions in transport etc. ), such restrictions exclude responsibility of the seller for damage effected to a buyer by delay.
- To takeover the goods is possible only to the person, who is authorized to such act, in other way the goods will not be delivered up. An authorized person must confirm the takeover of the delivery by his signature or the stamp on the copy of the delivery-acceptance certificate or vehicle record.
- A buyer is obliged to arrange the unloading of the vehicle in 15 minutes after the arrival of the vehicle with delivered goods to the required place. In the case of not realizing this condition, the seller is rightful to count the charges of detention caused by waiting in accordance with the valid price list. A buyer is obliged to arrange the unloading by his own machinery and own employees, unless he did not make a different agreement with the seller.
- Approach road to the place of the delivery must fulfill the standards of minimum the third class road or local road of minimum functional class C3, and it is the decision of the driver to consider the passability of the road, taking into the account the type of the vehicle, its technical condition at the given moment, kind of loaded goods and weather condition at the moment.
- In the case that there is nobody at the place of the delivery , the driver ask to confirm his driving record by an impartial person ( e.g. municipal office ) , and he delivers goods back to the store of the seller. All the costs connected with the waste transport and storing the goods, which arose to the seller , a buyer is obliged to pay.
- Covers are charged as individual items with goods. A buyer can return them on his own costs up to 1 month since goods expedition, not damaged and also announcing the number of invoice regarding the returned covers. The seller will buy them up for the price reduced in 10%.
- If a buyer does not takeover the goods , which was in regular manner ordered, in agreed term, he will refund the damage effected to the seller:
- On the 30th day since the order confirmation , or confirmation of its change , or on any agreed day, the seller is rightful to payment for storage charge of goods in an amount 1% of the goods volume, for each new day of storage , which will be invoiced for each calendar month with maturity of 14 days.
- Storage charge will be counted also in the case, when the delivery, which was send to the residence address ( place of business enterprise) of a buyer , will be returned to the seller.This charge will be counted since the day of its returning.
IV. Delivery and takeover of goods.
- The seller is rightful to deliver goods also before the agreed date in the contract and a buyer is obliged , also in such case, to takeover ordered goods from the seller.
- Delivered amount of goods is considered delivered amount of goods in tolerance +/ to 10 % of agreed amount in corresponding contract.
- At the moment of the goods delivery there is originated the right for the seller to get paid selling price and the duty for the buyer to takeover the goods. After delivery the danger of goods damage passes to the buyer.
V. Payment terms
- The seller , thereby, retains the law to determine the way of payment for the goods to a buyer.
- Rightful objections regarding the payment document a buyer is obliged to inform the seller during payment terms.
- The seller does not admit any discount or another shortening of the items in the valid document from any reason unless it was agreed in written form.
- All collection costs are paid by a buyer.
- If the payment of a buyer attain after maturity more than 21 days , the seller if rightful to require next settlements for the goods in cash or advance payment and it is applicable also in the case, when the obligations, which arise acoording to the contract in future , are refunded. Also a buyer is obliged to pay all charges connected with recovery of given payment after maturity ( for example attorney´s requisition etc.)
- Contracting parties made an agreement regarding the amount of the compensation money in the case when a buyer wants to cancel the contract of the specific material in agreed price ( material booked for a particular order ), then a buyer is obliged to pay 100% of the price of the ordered goods ( including VAT). If this particular material is possible to sell to another customer for different order , after agreement with the sale manager, the amount of the compensation money is 30% of the price of the ordered goods ( including VAT).
VI. Acquisition of the ownership right
- A buyer acquires the ownership right for the taking over business goods after total payment of the sale price and all charges connected with the possibly delayed payment.
- After taking over of the goods, which is not paid yet, a buyer is obliged to take care properly , to store it in a way avoiding possible damage or stealing. In the case of breaching any of the duties a buyer is obliged to refund all damage in full price to the seller.
VII. Responsibility for defects
- A person, who is authorized to overtake the goods must not condition the taking over of apparently non-damaged delivery by checking its contents, amount and type in front of the vehicle crew.
- A buyer is obliged to claim the possible defects in time according to the kinds of defects. A buyer is obliged to claim in a written form to the seller ( for reclaiming – necessary data: invoice number, defect specification, what right a buyer is demanding for ). Types of defects:
- Apparent defects ( difference in weigth, material quality/ rusted material, visible crookedness of the material during unloading or to 24 hours since material unloading.
- Hidden defects ( change of quality etc.) without useless delay at latest up to 14 calendar days since the goods delivery/ unload.
- Rights from the defects , which could be found out later, providing professional attention, a buyer is obliged to claim at latest up to 24 months since the goods delivery.
- If a buyer returns reclaimed goods he is obliged to proceed according to the instructions of the seller, which a buyer had recquired before. He is obliged to mark in the transport documents that the goods is reclaimed and write down the number of the given reclamation. If reclaimed goods is taken over by the vehicle crew of the seller at the place of the buyer , the buyer is obliged to proceed according to the point III „Transport of material“. The subject of the reclamation cannot be the difference to +/- 1% between delivered and invoiced amount of the goods ( regarding the item ).In the case of the rightful complain , a buyer is obliged to pay in maturity terms for this part of delivery which was corectly delivered.
- A buyer is obliged to store the reclaimed goods separately until managing the reclamation and any handling with this goods, which could make the examinations of the legitimity of the claim harder, is prior the seller´s agreement illegal. If a buyer breaches this part of an agreement he cannot raise a claim to reclamation.
- If a buyer ´s claim is unjustified , he is obliged to pay all the costs, connected with its solving , which effect the seller.
- If the seller does not receive a buyer´s written reply to seller´s written attitude towards the reclamation until 30 days, the seller´s attitude is considered as confirmed.
Applied discount on this tax document is allowed under the condition to pay the invoice in maturity terms. In the case if this condition is not kept, the supplier is rightful to count the difference in the goods price up to the amount of the applied discount.
- In the case, that a buyer ´s payment of any invoice or invoices for any goods or also based on other business contracts/ orders is buyer´s payment delayed , the seller is rightful to stop delivery of the ordered goods until the total payment is completed by a buyer. During such period the seller is not delayed in realizing his duty to deliver goods in agreed term and a buyer is not rightful to cancel , avoid, withdraw or finish the contract in any way because of this reason and he is not rightful to apply any sanctions against the seller including the claim for compensation. The ownership rights pass to a buyer at the moment of total payment of the selling price.
- In the case that the seller , after closing the contract, receives a reliable information on the loss of a buyer´s solvency and about his ability to realize duties, that is worsen financial situation, if a buyer stops his payments, insolvency regulations will be started, he enters the liquidation , rating company worsen the rating of a buyer, or insurance company lowers or finishes the buyer´s limits or etc.
- Delivery of the goods proceeds according to the statements of the General purchasing – selling contract if it was signed and according to Universal business conditions of the supplier which are presented in the shop and on www.kovsmol.sk
X. Final statements
This business conditions are valid since 30.09.2012