Terms and Conditions
1. FUNDAMENTAL PROVISIONS
1.1. These terms and conditions of trade (hereinafter the Terms and Conditions) govern the contractual relationship between the Company and Customer during the sale of goods under Section 273 of Act No. 513/1991 Coll., the Commercial Code.
1.2. These Terms and Conditions do not govern the contractual relationship between the Company and Consumer.
1.3. The
1.4. The Company means the company MACRO WEIL spol. s r.o., having its registered office at Lotyšská 10,
1.5. The Customer means a person who intends to establish or has established a contractual relationship concerning the
1.6. The Contract means a specific written agreement between the Company and Customer on conclusion of the Contract for
1.7. Third Party means any other person different from the Company and Customer.
1.8. The Territory means the territory in which the
1.9. In case of a conflict between the Terms and Conditions and the Customer’s terms and conditions of business or any other terms and conditions of his, the provisions contained in the Contract and herein shall prevail. Application of the terms and conditions of business of the Customer or of any Third Parties is ruled out.
2. NEGOTIATIONS PRIOR TO CONCLUSION OF THE CONTRACT
2.1. Prior to conclusion of the Contract, the Customer may inquire about purchase of Goods or Services with the Company in the following manners:
2.1.1. By telephone.
2.1.2. In writing by fax or email.
2.1.3. Through the Company’s e-shop.
2.2. In the case of the Customer’s provable interest, the Company is entitled to offer its Goods in the form of a targeted business message.
2.3. The Customer’s inquiry and the Company’s offer are not binding for the Company. The Company reserves the right not to respond to inquiries or responses to offers and is not liable for any damage incurred.
2.4. Based on an inquiry or response to a business message, the Company shall prepare a written and binding offer to implement the
2.5. The binding offer from the Company shall contain the period of its validity, during which the Customer may accept it. Unless this period is contained in the offer, the binding offer shall be valid for 5 working days.
2.6. The Company’s binding offer shall always contain:
2.6.1. The subject matter of the purchase contract.
2.6.2. The price for the Goods.
2.6.3. The deadline for delivery of the Goods.
2.6.4. The method of transport and its price.
2.6.5. Reference hereto.
2.7. If the Company’s binding offer fails to contain any of the above-mentioned particulars, then it means that it does not concern a binding offer and the Customer is obligated to require completion of the offer.
2.8. The Customer is entitled to propose amendments to the Company’s offer. These amendments are not binding for the Company, except for the case when the Company authorises these amendments expressly in writing. If the proposed amendments are authorised, the most recent contents of the offer are valid.
2.9. Except for the sale of Goods and Services through the Company’s e-shop, the Company shall not accept any orders for Goods in the value below CZK 5,000.
3. CONTRACT
3.1. The Contracts for supply of the Company’s Goods made with the Customer must always be in writing. These Terms and Conditions are an integral part of each Contract.
3.2. For conclusion of the Contract, the written form is required in the following cases:
3.2.1. Conclusion of the written Contract printed out on paper.
3.2.2. Acceptance of a binding offer by the Customer via email or fax.
3.3. The up-to-date pricelist of Services valid on conclusion of the Contract forms an annex to the Contract.
3.4. Unless otherwise stipulated in the Contract, the following provisions shall apply to the contents of the contractual obligation:
3.4.1. The deadline for delivery of the Goods or Services is stipulated for the Company’s benefit.
3.4.2. The Company may unilaterally change the price for the Goods or Services in cases when:
3.4.2.1. The price for the Goods and Services is changed by the Third Party from which the Company secures performance of the Contract’s subject matter;
3.4.2.2. The foreign exchange rate of the currency of the Contract changes by more than 2% in comparison with the foreign exchange rate of the Third Party from which delivery of the Goods and Services is secured in the period between conclusion of the Contract and the delivery date of the Goods.
3.4.3. The Goods remain the Company’s property until the purchase price is paid in full.
3.4.4. The purchase price is paid when the Company’s account is credited with the full amount of the purchase price.
3.4.5. In case of delay with payment of the purchase price, the Contracting Parties have agreed to pay a contractual penalty amounting to 0.1% per each day of delay.
3.4.6. The maturity of the purchase price is 14 days from receipt of the Goods.
3.4.7. The place of delivery of the Goods is the buyer’s registered office shown in the Register of Companies or Small Businesses.
3.4.8. Risk of loss of the Goods is transferred to the buyer at the moment of handover of the Goods for transportation to the place of performance for the buyer.
3.4.9. Risk and transport costs are EXW under INCOTERMS 2000 at the moment of dispatch from the Company’s warehouse at the registered office address.
3.4.10. If the Goods are paid in full and due to any reasons on the buyer’s part, they remain in the Company’s warehouse, the storage charges shall be 1% of the total price for the Goods per each day from the date of payment of the purchase price.
4. PERFORMANCE OF THE CONTRACT
4.1. Pursuant to a Contract made in writing, the Company is obligated to supply the Goods ordered to the Customer and the Customer is obligated to accept the Goods and pay the purchase price for them.
4.2. The Customer is entitled to terminate the Contract and change the agreed date of delivery of the Goods, the number of pieces of the Goods ordered and other characteristics of the subject matter unless the Contracting Parties agree otherwise in writing.
4.3. In case the delivery dates are no longer in accordance with the Contract, the Company shall inform the Customer about the new delivery date of the Goods.
4.4. The Company is entitled to dispatch and charge for the Goods partially. The Customer may require that all Goods ordered are delivered at once – then, the delivery time shall be the longest delivery time available.
4.5. The seller shall not be liable for any delays in deliveries caused by any Third Parties.
4.6. The delivery times are offered in good faith and, therefore, any default in meeting them may not be considered as a bad intention. The Company is not liable for any loss or damage, direct or subsequent, incurred due to delayed delivery of the Goods, and the Customer is not entitled to refuse the Contract due to any delayed deliveries unless otherwise stipulated in the Contract.
4.7. The Customer undertakes neither to sell the Goods directly to a person nor to supply them to the Territories where such sale or supply would be in contradiction with the law of the USA, European Union or Czech Republic, and he shall arrange any necessary import and export licences at his own expense.
5. GENERAL WARRANTY CONDITIONS
5.1. The Goods delivered by the Company shall meet any and all basic requirements of all EU Directives applicable to the Goods in question. The Company shall not be liable for misapplication of the CE certification on part of any Third Parties.
5.2. Unless expressly stipulated in the Contract, the Company’s Goods are not designed and, therefore, not suitable for:
5.2.1. Any surgical implementation in bodies.
5.2.2. Life support and monitoring.
5.2.3. Any use in cases where increased demands are laid on secure operation of the Goods, such as e.g. rescue of human lives.
5.3. The buyer must use the Goods in accordance with their intended use, technical characteristics, and the instructions and recommendations given by the manufacturer.
5.4. The warranty may not be applied in the following cases:
5.4.1. Expiry of the warranty period.
5.4.2. Mechanical damage, unprofessional installation and handling or operation, or neglected care.
5.4.3. Use of the Goods in conditions, the characteristics of which do not comply with the intended environment or other characteristics determined by the manufacturer.
5.4.4. The Goods were damaged by the elements or electricity power cuts.
6. WARRANTY CONDITIONS
6.1. The Customer is obligated to inspect the Goods as soon as possible upon receiving the Goods and no later than 24 hours after their receipt.
6.2. If the Customer establishes any damage to the Goods or any differences between a delivery note or invoice, in which it is stated that it also serves as a delivery note, and the Goods actually delivered (in quantities, types or serial numbers), he is obligated to inform the Company in writing about these findings in no later than 24 hours. Should he fail to do so, his later claims shall not be taken into consideration.
6.3. Unless otherwise agreed in the Contract, the Company provides the warranty for the Goods for the period of 6 months of the date of transfer of risk of the Goods to the Customer.
6.4. Settlement of a claim:
6.4.1. Exchange/replacement delivery.
6.4.2. Discount on the purchase price.
6.4.3. Complete/partial termination of the Contract.
7. JOINT PROVISIONS
7.1. The Contract shall be governed by the law of the Czech Republic; any possible disputes shall be resolved by the ordinary court according to the Company’s registered office.
7.2. In matters that are not regulated hereby or by the Contract, the contractual relationship shall be governed the legal provisions of Act No. 513/1991 Coll., the Commercial Code.
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