General Business Terms and Conditions of ARKYS


Orders and Purchase Contracts

1. Goods will be delivered according to the Buyer's order placed by fax, email, or through the ordering system at http://www.arkys.cz. At minimum, orders must contain goods specification, quantity, unit of measure, place of delivery, and required delivery date. For orders places by fax or email, the Buyer must also send its order in writing and signed by the authorized person.

2. Goods may be ordered in whole packages. Information on packages is to be found in the gross price list or in the catalogue. All goods ordered in amounts not corresponding to whole packages will be automatically rounded up to the nearest whole package amount. This provision does not apply in the event that the Buyer submits a written request to deliver goods directly to its construction site. In such cases, goods will be delivered exactly in the amount specified in the order.

3. The Seller will confirm the order by fax or email no later than 24 hours from the date of receipt of the order. The confirmation will always state individual purchase prices of goods without VAT according to the current gross price list, total cost of the order without VAT and including VAT, expected date of delivery of ordered goods, and delivery method.

4. If the Buyer requires delivery of goods on the same day of placing the order, the order must be received by the Seller no later than at 11.00 am and the order confirmation sent to the Buyer no later than at 12.00 am.

5. The purchase contract on goods is concluded by sending an order confirmation from the Seller to the Buyer's attention.

Delivery of Goods

1. Unless specifically agreed otherwise in the purchase contract, delivery of the goods will take place in the Seller's warehouse. The Seller will invite the Buyer to take over goods at least two days in advance by fax or email (except when the Buyer requests delivery within less than three days from the date on which the order was placed).

2. In the event the Buyer places a one-time order for goods in the amount of CZK 20,000 without VAT, the transport costs will be paid by the Seller. Unless agreed otherwise, in case of orders for goods in the amount less than CZK 20,000, the transport costs will be borne by the Buyer according to the valid price list of the transportation company TOPTRANS ČR.

3. The Seller will provide the Buyer with all documents authorizing the Buyer to handle with goods.

4. Goods will be accepted by the Buyer's authorized person, who will write his/her full name and position (where applicable) in capital letters. If the Buyer fails to do so, the obligation of the Seller will be considered fulfilled on the last day of the period of time designed for taking over the goods. Delay in taking over goods longer than 30 days will be considered a material breach of the contract on the part of the Buyer, and in that case the Seller will be entitled to require the Buyer to pay a fee in the amount of 0.1% of the price of the goods ordered for each day in delay for storage of the goods.

5. If the Buyer fails to take over goods at the agreed place outside the warehouse of the Seller, the Buyer will be required to pay additional costs associated with transportation of goods back to the warehouse of the Seller and the additional costs associated with re-delivery of the goods to the Buyer.

6. If the Buyer fails to take over goods within the period exceeding 30 days from the date on which the Buyer was invited to take over the goods, the Seller will be entitled to cancel the order and release the goods for delivery to other customers. At the same time, the Seller is entitled to require the Buyer to pay a contractual penalty in the amount of 10% of the purchase price of the goods ordered.

7. Occurrence of unforeseen circumstances entitles the Seller to postpone delivery for the duration of such obstacles, including an appropriate additional period. Unforeseen circumstance are such circumstances which cannot be prevented employing adequate care, especially in cases such as war, monetary, economic, or other similar measures, civil unrest, natural disaster, fire, strike, mass layoff, lack of material that was not caused by the Seller, obstacles in transportation, interruption of operation, and other cases of force majeure, for which performance of the purchase contract was jeopardised, made difficult, or made impossible. In such cases, the Seller is also entitled to withdraw from the purchase contract without any compensation.

8. All reservations about goods delivered must be noted on the bill of delivery by the Buyer's authorized person. Otherwise, the Seller reserves the right not to accept any such reservations.

9. Any difference between the amount of goods on the bill of delivery and the amount actually received must be reported to the Seller immediately and confirmed in writing by the Buyer within 24 hours after delivery. The Seller agrees to correct any errors in the amount of goods delivered and to do so in the shortest time possible and at its own expense.

10. All errors in orders of the Buyer must be immediately notified to the Seller and confirmed in writing by the Buyer within 24 hours after delivery. In such cases, any costs for returning the goods are borne by the Buyer.

Transfer of Risk / Retention of Title

1. The risk of loss will pass to the Buyer upon taking over goods; or on the date of refusal to take over goods without stating any reason; or in case of passivity on the part of the Buyer after the deadline specified in the invitation to take over the goods. If the Parties agreed to dispatch goods to the Buyer, the risk will pass to the Buyer upon delivery to the carrier. In any case, the risk will pass to the Buyer when the Buyer starts using the goods.

2. Title to the goods taken over will pass to the Buyer only upon full payment of the purchase price.

Return of Goods

1. In exceptional cases, the Buyer is entitled to ask the Seller to return goods already delivered to and taken over by the Buyer.

2. In such cases, the Buyer must send the Seller a justified request for approval. Goods will be accepted only with complete, original, and intact packaging.

3. The Seller is not obliged to accept returned goods, especially if it concerns low-turnover goods (e.g. custom-made, non-standard dimensions, etc.)

4. In case the Seller agrees to accept returned goods from the Buyer, the Seller will determine a financial penalty for the Buyer:

  • in the amount up to 20% of the price of goods in the case of goods which the Seller usually keeps in its stock;
  • in the amount up to 40% of the price of goods in the case of custom-made goods or goods which have to be re-finished due to damage or aesthetic purposes.

5. Transport costs of returned goods to the attention of the Seller will be borne by the Seller.

Warranty / Claims

1. The Seller's goods are subject to warranty

on welds and material for 2 years from the date of sale of goods
The surface finish of goods against corrosion is subject to an extended warranty:
§ galvanic zinc for 5 years from the date of sale of goods
§ sendzimir zinc for 8 years from the date of sale of goods
§ hot-dip zinc for 12 years from the date of sale of goods
§ AISI 304 stainless steel for 15 years from the date of sale of goods

 

2. The Seller is not liable for defects that occur due to conduct, acts, or omission caused or partially caused by the Buyer.

3. The Seller is not responsible for defects caused by failing to adhere to technical conditions of storage of goods, installation conditions, or operating conditions for the use of goods.

4. Also, the Seller is not responsible for defects for which the Seller provided to the Buyer additional discount on the price of goods.

5. Extended warranty applies only to goods installed in appropriate environments, as described in the Seller's product catalogue or in any updates at www.arkys.cz.

6. Warranty does not apply to normal wear and tear.

7. All defects must be claimed by the Buyer with the Seller without undue delay after such defects are discovered or could be discovered, but no later than before expiry of the warranty period.

8. Unless specified otherwise in these warranty terms and conditions, complaints may be filed exclusively in writing. A complaint must, in particular, contain:

  • Who files the complaint;
  • Proof of purchase (or invoice number);
  • Description of defects – date of discovery of the defect, product type, batch No., description of the defect and environment in which the goods is used, address of the place in which the goods are used;
  • Photographic documentation of the defect;
  • Proposal for resolving the claim;
  • Contact details: contact person, phone / fax, mobile phone, email;
  • Date and signature.

9. Claimed goods must be stored separately (if not already installed). Any manipulation with such goods, which could make it difficult or impossible for the Seller to verify the claimed defects – without the prior written consent of the Seller – is inadmissible. Breach of this obligation will result in termination of the liability for defects on the part of the Seller.

10. In the event the Seller considers it appropriate to inspect the defective goods right at the place where it is installed, the Buyer undertakes to provide the Seller's authorized person with as much details as possible regarding installation of the goods claimed. If definitive determination of the legitimacy of the claim will require carrying out appropriate measurements by the Seller's employee or by a person authorized by the Seller who is authorized to carry out such measurements under applicable law, the Buyer will be asked to provide access to the place where the defective goods is / was installed. Breach of this obligation will result in termination of the liability for defects on the part of the Seller.

11. If the Buyer's complaint is accepted by the Seller, the Seller will return to the Buyer the paid purchase price for the goods. At the same time, the Seller will issue a credit note, a copy of which will be sent to the Buyer without undue delay by fax or email, while the original of the credit note will be sent to the Buyer by mail

 

Arkys, s.r.o. Phone: 517 541 222 Company number: 25321366
Podstránská 1 Fax: 517 541 220 VAT number: CZ25321366
627 00 Brno e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it OCR kept by the RC in Brno, Section C, Insert 25198