GENERAL TERMS AND CONDITIONS
Article 1
Introductory provisions
1.1.These General Terms and Conditions (hereinafter referred to as "GTC") apply to the following contracts concluded between KOLODOM s. r. o., with registered office at Klemensova 15, 811 08 Bratislava, ID No.: 53 045 173 (hereinafter referred to as "Supplier" or "Contractor") and any natural person - consumer, natural person entrepreneur or legal entity (hereinafter referred to as "Customer"), namely:
1.1.1.a contract of work (kolodom or container) or a purchase contract (hereinafter referred to as "contract")
1.1.2.contracts for the provision of optional services in relation to work performed under a contract of work or goods purchased under a purchase contract, namely:
1.1.2.1.contract for the transport of the work/goods, for the installation of the work/goods, for the connection of the work/goods with another work
(hereinafter also referred to as "service contracts" or individually as "service contract")
1.2.The contractual relationship between the Supplier and the Customer, which is a business entity, is governed by Act No. 513/1991 Coll., the Commercial Code. The contractual relationship between the Supplier and the Customer, which is not a business entity, is governed by Act No. 40/1964 Coll., the Civil Code, as amended, in conjunction with the provisions of Act No. 250/2007 Coll. on consumer protection.
1.3.Unless otherwise specified in these GTC:
1.3.1.The Supplier's fulfillment shall be understood as:
1.3.1.1.in the case of a work contract, the fulfillment of the work specified in the contract under the terms and conditions defined in the contract of work and these GTC,
1.3.1.2.in the case of a purchase contract, delivery of the goods specified in the contract under the terms and conditions defined in the purchase contract and in these GTC,
1.3.1.3.in the case of service contracts, transport of the work/goods and/or installation of the work/goods and/or connection of the work/goods with other work/goods according to the specification and conditions set out in the contract and in these GTC.
1.3.2.Work means a prefabricated kolodom or container constructed according to a contract of work concluded between the Contractor and the Customer.
1.3.3.Goods means a prefabricated kolodom or container delivered under a purchase contract concluded between the Supplier and the Customer.
1.4.Materials: brochures, catalogues, drawings, design drawings and other materials containing data on the subject matter of the fulfillment shall be understood as informative materials, unless they are expressly declared binding by the Supplier. The Supplier retains ownership and copyright of the catalogues, internet content, and its own copies of photographs of the fulfillment, without reservation. The Customer shall not be entitled to use, translate, copy, reproduce or otherwise make available to third parties any materials relating to the fulfillment which is the subject of the contract.
1.5.The contract is concluded for a definite period of time, until both parties have fulfilled their obligations under the contract.
Article 2
Subject matter and method of conclusion of the contract
2.1.The contract is an agreement between the Contractor/Supplier and the Customer on the essential elements of the contractual relationship established by the contract, in particular on the subject matter, type, date of fulfillment, quantity of fulfillment, price, maturity and other elements.
2.2.The contract shall be concluded in the manner set out in the following provisions.
2.3.The Customer sends the request for a quotation with the details according to point 2.6. of these GTC either in writing to the address of the Contractor's/Supplier's registered office, by e-mail to the following e-mail address: info@kolodom.sk, vyroba@kolodom.sk or by creating it via the configurator on the Contractor's/Supplier's website - www.kolodom.sk. Upon receipt of the request for a quotation, the Contractor/Supplier shall prepare and submit to the Customer within 7 days a quotation with the particulars according to clause 2.7 of these GTC. If the Customer does not agree in writing to the submitted quotation within 5 days of receipt, his request shall be cancelled after this period. If the Customer wishes to make changes to his request before the submitted quotation has been approved, he shall indicate in writing to the Contractor/Supplier what he wishes to change and request a new quotation in accordance with the changes made to the request. Once the quotation has been agreed, the Contractor/Supplier shall draw up a draft contract and submit it to the Customer for signature.
2.4.The contract is concluded at the moment of its signing by both parties and is governed by these GTC.
2.5.A change of the contract by the Customer, in particular in the specification of the work/goods, may be made in the form of a numbered amendment in agreement with the Contractor. The change requested by the Customer shall be binding upon conclusion of a written amendment to the contract in accordance with these GTC. The Contractor shall prepare a new quotation for the Customer if the requested change affects the amount of the agreed price. The quotation approved by the Customer shall be binding on both parties.
2.6.The minimum content of the request for quotation shall be:
- the name of the Customer,
- the address of the Customer,
- contact to the Customer (email, phone number),
- exact specification of the filling (dimensions, appearance, windows doors, etc.),
2.7.The quotation submitted by the Supplier shall include in particular:
- the Supplier's designation,
- designation of the Customer,
- exact specification of fulfillment,
- the total price of the fulfillment,
- payment and delivery terms
2.8. The place of fulfillment (receipt of work/goods) is the Supplier's production hall at Kpt. Nálepku 1384, Liptovský Mikuláš 031 01, Slovakia.
2.9. The parties are bound by the data contained in the order of the Customer, the Contractor's/Supplier's quotation and the contract. Any ancillary verbal agreements not contained in the contract and these GTC are not binding on the parties. Any change to the contract must be confirmed in writing by both parties in a written amendment.
Article 3
Subject matter and method of concluding service contracts
3.1.General provisions
3.1.1.The service contract is an optional arrangement between the Supplier and the Customer on the essential elements of the contractual relationship established by the service contract, in particular the subject matter, type, term of fulfillment, quantity of fulfillment, price, due date, etc.
3.1.2.The parties are bound by the data contained in the Customer's order, the Supplier's quotation and the service contract. Any ancillary verbal agreements not contained in the service contract and these GTC are not binding on the parties. Any change to the details of the service contract must be confirmed in writing by both parties in a written amendment.
3.1.3.In the event that the Customer wishes to enter into a contract and a service contract at the same time, requests for quotations, quotations, orders and order confirmations may be made in one common document for all contracts being entered into.
3.2.Contract for the transport of the work/goods and for the installation of the work/goods
3.2.1.The Customer may order, in relation to the work made on the basis of a contract of work or goods purchased on the basis of a purchase contract, the transport of the work/goods to the place specified by the Customer as well as the installation of the work/goods, unless otherwise specified in the service contract, only in the manner specified in the following provisions. The agreement on the transport of the work/goods and on the installation of the work/goods may be part of a single purchase order. The Supplier may arrange for the transport of the work/goods to the place designated by the Customer through a subcontractor or may arrange for the Customer to arrange for transport through carriers certified by the Supplier.
3.2.2.The Customer shall send the Supplier a request for a quotation with the details according to clause 3.2.6 of these GTC either in writing to the Supplier's registered office address, by e-mail to the following e-mail address: info@kolodom.sk, vyroba@kolodom.sk or via the configurator on the Supplier's website - www.kolodom.sk. Upon receipt of a request for a quotation, the Supplier shall prepare and submit to the Customer a quotation with the particulars pursuant to clause 3.2.6. of these GTC. Upon receipt of the request for quotation, the Contractor shall prepare and submit a quotation to the Customer within 7 days. If the Customer does not agree in writing to the submitted quotation within 5 days of receipt of the quotation, its request shall be cancelled after this period. Once the quotation has been agreed, the Supplier shall process a binding order for the Customer, who shall confirm it in writing. If the Customer does not confirm the order in writing, the Customer 's request shall be cancelled after this period.
3.2.3.The contract for the transport of the work/goods and for the installation of the work/goods is concluded at the moment of confirmation of the order by the Customer to the Supplier and is governed by these GTC. If the Supplier only arranges for the transport of the work/goods to the Customer through certified carriers, the contractual relationship shall be established directly between the Customer and the specific carrier.
3.2.4.A change order may be made with the written approval of the Supplier. The change requested by the Customer shall be binding upon the conclusion of a written amendment to the contract in accordance with these GTC. The Supplier shall prepare a new quotation for the Customer if the requested change affects the amount of the agreed price. The quotation approved by the Customer shall be binding on both parties.
3.2.5.The minimum contents of the request for quotation for the Contract for transport of the work/goods and installation of the work/goods are:
• the name of the Customer,
• the address of the Customer,
• contact to the Customer,
• precise specification of the place where the work/goods are to be delivered,
• contact to the Customer,
• exact specification of fulfillment,
• the required date of fulfillment,
• and the place of fulfillment with the identification of the land according to the state of registration in the Land Registry.
In relation to the place where the work/goods are to be transported, the place of unload of the work/goods from the transport vehicle will be determined by the nearest asphalt road leading to the place where the Customer intends to install the work/goods. The Supplier shall have the right to assess the suitability of the chosen location for unloading of the work/goods from the transport vehicle and to refuse unload of the work/goods from the transport vehicle at the location designated by the Customer if there is a risk of damage to the work/goods at the designated location. In the case of the preceding sentence, the Contractor shall be entitled to designate another location for the unload of the work/goods from the transport vehicle, so that it is as close as possible to the location designated by the Customer and at the same time complies with the asphalt road condition. In the case referred to in the preceding sentence, the Supplier shall not be liable for any increased costs incurred by the Customer in connection with the unload of the work/goods from the transport vehicle. The Customer and the Supplier may individually agree on the transport of the goods/work, so that the Supplier transports the goods/work to the place of their unload and fits the goods/work on the footings prepared in advance by the Customer. This is without prejudice to clause 3.2.10 of these GTC.
3.2.6.The quotation submitted by the Supplier shall include in particular:
• the Supplier's designation,
• designation of the Customer,
• exact specification of fulfillment,
• the total price of the fulfillment,
• the date and number of the quotation,
• payment terms and delivery terms.
3.2.7.If the Customer is not interested in arranging transport by the Contractor/Supplier and chooses its own carrier, the Customer undertakes to arrange for the work/goods to be loaded onto the vehicle of its chosen carrier at the Contractor/Supplier's production hall within 3 hours of the time agreed in writing for loading. In the event that the Contractor/Supplier provides assistance to the Customer with unloading the work/goods from the carrier's vehicle at the place of unload, the Customer shall ensure that the work/goods are unloaded within 2 hours of the time agreed in writing for arrival at the place of unload. Each additional hour beyond the three-hour time period for loading the work/goods onto the vehicle at the Contractor's factory shall be charged EUR 120 excluding VAT for each additional hour and each additional hour beyond the two-hour time period for unloading the work/goods shall be charged EUR 120 excluding VAT for each additional hour. The Customer acknowledges the above and agrees that in such a case a separate invoice will be issued by the Supplier, payable 7 days after its issue, which the Supplier will deliver to the Customer.
3.2.8.When transporting the work/goods, neither persons nor furniture that is not firmly attached to the work/goods structure may be inside the work/goods.
3.2.9.The price of transport does not include unloading the work/goods from the truck by crane or tractor or tractor-trailer or any other way and installing the work/goods on the Customer's land.
3.2.10.The presence of the crane or tractor or tractor excavator at the place of unload of the goods/works is the full responsibility of the Customer, who is obliged to provide the crane or tractor or tractor excavator at the place of unload of the goods/works at his own expense.
3.2.11.The Contractor undertakes to install the work/goods at the place (land) specified by the Customer after mutual agreement on the place of installation so that the work/goods can be installed at the place specified by the Customer. The installation of the work/goods at the place designated by the Customer shall be carried out on fixed footings or beams. The fixed footings or beams shall be at such a height that the wheels located at the bottom of the work/goods are at least 10 cm from the ground. The Customer shall prepare the site of the installation of work/goods according to the Contractor's instructions so that proper installation is possible.
3.2.12.The parties agree that if, after the installation of the work/goods, the owner of the work/goods decides that he/she wishes to move the work/goods to another location, he/she may do so after consultation and agreement with the Contractor, while it is necessary, with regard to the weight of the work/goods, that all objects, interior furnishings and equipment are removed from the work/goods so that the maximum weight of the work/goods does not exceed 12 tons. In the event that the transport of the work/goods is carried out in breach of this provision and the obligation not to exceed the maximum permitted weight of the work/goods, the work/goods shall forfeit the warranty provided by the Contractor and the Contractor shall not be liable for any defects in the work/goods or for any damage to the work/goods resulting from a breach of this obligation. The Customer acknowledges that failure to follow the Contractor's instructions when moving the work/goods may result in damage to the work/goods which may cause serious damage to the work/goods which is capable of endangering or preventing further use of the work/goods. The Customer is obliged to notify the successor owner of the work/goods of the facts referred to in this clause.
3.2.13.The price of installation does not include the connection of the work/works to the utility networks.
Article 4
Qualitative and other fulfillment requirements
4.1.General provisions
4.1.1.The Contractor/Supplier shall duly perform the work as per the specification given in the contract within the agreed time, to the best of his conscience. In view of the specific nature of the work/goods, slight variations in dimensions may occur in the course of their execution, which are acknowledged by the Customer.
4.2.Contract of work and Purchase contract
4.2.1.With regard to the subject of the fulfillment, the following are in particular the bases and conditions for the implementation of the fulfillment:
-order of the Customer,
-advance invoice paid.
4.3.Contract for the transport of the work/goods and for the installation of the work/goods
4.3.1With regard to the subject of the fulfillment, the following are the basis and conditions for the fulfillment in relation to the transport of the work/goods:
- order of the Customer,
4.3.2With regard to the subject matter of the fulfillment, the documents and conditions for the execution of the fulfillment in relation to the installation of the work/goods are, in particular
- order of the Customer,
- the requirements for the basis for the work/goods prepared by the Customer according to clauses 4.3.3 and 4.3.4 of these GTC or the Customer's declaration according to clause 4.4.4 of these GTC,
- advance invoice paid.
4.3.3 By concluding a contract for the installation of the work/goods, the Customer undertakes to prepare basis for the installation of work/goods on its own behalf, at its own expense, under its own responsibility and risk of damage, in accordance with the Supplier's requirements for quality and technical functionality before the actual installation of the work/goods, which must be duly prepared before the actual day of the installation of the work/goods so that the work/goods which will be installed in the place of installation according to the contract, will reliably fulfill the purpose for which it is intended.
4.3.4By concluding a contract for the installation of the work/goods, the Customer undertakes that the basis for the work/goods will meet the technical requirements for the basis for the work/goods, as instructed by the Contractor/Supplier, and that the basis for the work/goods will meet all of the following criteria:
- installation of the work/goods at the place specified by the Customer is carried out on fixed footings or beams. The fixed footings or beams shall be at such a height that the wheels placed at the bottom of the work/goods are at least 10 cm from the ground. The Customer shall prepare the place of installation of the work/goods according to the Contractor's instructions so that proper installation is possible.
4.3.5The Customer acknowledges that if the basis is not made according to clause 4.3.3 and 4.3.4 of these GTC, the Supplier is entitled to withdraw from the contract in the part of the installation of the work/goods.
Article 5
Method of fulfillment
5.1.The Contractor/Supplier shall carry out the fulfillment on his own behalf, at his own expense, under his own responsibility and at his own risk of damage to the object of fulfillment, until the acceptance of the duly performed fulfillment of the object of the contract by the Customer.
5.2.The Contractor/Supplier may subcontract part or all of the fulfillment of the contract to a third party.
Article 6
Negotiated price of fulfillment
6.1.General provisions
6.1.1.The negotiated price for the timely and proper execution of the contract is set by agreement of the parties within the meaning of Act No. 18/1996 Coll. on prices, as amended. Unless otherwise specified, the price shall be understood as the price excluding VAT, with the relevant VAT being charged in accordance with the applicable Slovak legislation.
6.1.2.The price of fulfillment is governed by an agreement between the Contractor/Supplier and the Customer. The Contractor/Supplier reserves the right to personally negotiate with the specific Customer the price and payment terms of the specific ordered fulfillment, differently from the GTC, the applicable price list and other contracts.
6.1.3.Discounts and any other changes from the list price are subject to the personal agreement of the parties.
6.1.4.Damage and destruction of the work/goods after the risk of damage has passed to the Customer shall not affect the Customer’s obligation to pay the price for the work/goods in due and timely manner.
6.1.5.Unless otherwise agreed in writing, the agreed price according to the order includes all costs of the Contractor/Supplier for the proper and timely fulfillment of the contract, including profit and other costs related to the subject matter of the contract.
6.2.Contract of work and Purchase contract
6.2.1.The agreed price includes the work/goods - the replaced components of the work/goods, any packaging material for the work/goods for the purpose of its safe transport and does not include the costs of transport, unload, installation, and preparation of the installation site.
6.3.Contract for transport of the work/goods and installation of the work/goods
6.3.1.The agreed price shall include (i) transportation to the place of installation of the work/goods, whereby the place of unload of the work/goods from the transport vehicle shall be the nearest asphalt road leading to the place where the Customer intends to install the work/goods, and (ii) all work necessary for the proper fulfillment of the contract of installation of the work/goods so that the work/goods can properly serve its purpose. The Contractor/Supplier shall have the right to assess the suitability of the chosen location for the unload of the work/goods from the transport vehicle and to refuse to remove the work/goods from the transport vehicle at the location specified by the Customer if there would be a risk of damage to the work/goods at the specified location. In the case of the preceding sentence, the Contractor/Supplier shall be entitled to designate a different location for the unload of the work/goods from the transport vehicle so that it is as close as possible to the location designated by the Customer and also complies with the asphalt road condition. In the case referred to in the preceding sentence, the Contractor/Supplier shall not be liable for any increased costs incurred by the Customer in connection with the unload of the work/goods from the transport vehicle.
6.3.2.The transport price does not include the unload and installation of the work/goods. Negotiated price does not include the goods/works, materials and the construction of fixed footings or beams and connection to utilities.
Article 7
Invoicing and payment terms
7.1.The Customer undertakes to pay the 1st part of the total price of the fulfillment which is the subject of the contract on the day of conclusion of the contract in the amount of 30% of the total price for the fulfillment which is the subject of the contract (unless otherwise specified in the contract). The Contractor/Supplier shall issue an invoice to the Customer, which shall form part of the Contract, due on the date of signing of the Contract.
The Customer undertakes to pay the 2nd part of the total price of the fulfillment, which is the subject of the contract, in the amount of 30% of the total price of the fulfillment, which is the subject of the contract during the execution of the rough construction, which the Contractor/Contractor proves by photographic documentation of the ongoing work on the work, which will be sent to the Customer to the Customer's email specified in the contract (unless otherwise specified in the contract). The Contractor/Supplier shall issue an invoice to the Customer, which shall form part of the Contract, payable within 7 days.
The Customer shall pay the 3rd part of the price of the fulfillment, which is the subject of the contract, i.e. 30% of the total price for the fulfillment, which is the subject of the contract, on the basis of an invoice issued by the Contractor/Supplier, during the finishing works (water, electricity, heating), which the Contractor/Supplier shall prove by photographic documentation of the works in progress, which shall be sent to the Customer to the Customer's email address specified in the contract (unless otherwise specified in the contract), with a due date of 7 days.
The Customer shall pay the 4th part of the price of the fulfillment which is the subject of the contract, i.e. 10% of the total price for the fulfillment on the basis of the invoice issued by the Contractor/Supplier, on the date of notification by the Contractor/Supplier to the Customer's email specified in the contract that the goods/work have been completed (unless otherwise specified in the contract), with a due date of 3 days.
Failure to pay any invoice by the Customer properly and on time shall entitle the Contractor/Supplier to withdraw from the Contract. The Customer and the Contractor/Supplier may also agree on individual due dates for payment of the price for fulfillment.
If the Customer purchases goods that are in stock with the Contractor/Supplier, the Customer is obliged to pay the full price for the goods on the basis of an invoice issued by the Contractor/Supplier, which is part of the contract, due on the date of signing the contract.
7.2.The Contractor/Supplier reserves the right to include in the invoice extra work or extra adjustments, the total amount of which will be communicated to the Customer in advance by e-mail or in person before they are carried out, and such extra work or extra adjustments in the communicated price will only be carried out after they have been approved by the Customer.
7.3.In the event of delay by the Customer in payment of the price for the fulfillment, the Contractor/Supplier shall be entitled to interest on the unpaid amount for each day of delay until full payment of the price for the fulfillment.
7.4.The full price of the work/goods must be paid before commencing the transport of the work/goods from the place of its manufacture to the place of its delivery; if the full price of the work/goods is not paid, the Contractor/Supplier is not obliged to commence the transport of the work/goods to the place of its delivery and is entitled to compensation for the costs associated with the storage of the work/goods from the Customer in the amount of EUR 25, VAT excluded, for each day of delay (including the commenced day) until the time of the full payment of the price of the work/goods and the acceptance of the work/goods at the same time.
7.5.The date of fulfilment of the monetary obligation is the date on which the amount due is credited to the Contractor's/Supplier's account.
7.6.The Customer is not entitled to unilaterally reduce the amount of payment.
7.7.If extra expenses are necessary in the fulfillment of the contract due to the Customer (e.g. inaccurate or incomplete preparation of the substrate according to clauses 4.3.3 and 4.3.4 of these GTC, undersized crane capacity, etc.), the Customer shall pay these extra expenses according to the actual costs incurred by the Contractor/Supplier in the billing invoice.
Article 8
Place of fulfillment, delivery period, delivery terms
8.1.General provisions
8.1.1.The Contractor/Supplier shall duly and timely hand over the fulfillment to the Customer and the Customer undertakes to accept the fulfillment in accordance with the contract pursuant to these GTC. The Contractor/Supplier shall deliver the fulfillment under the contract to the Customer at the place and time agreed in the contract.
8.1.2.The proper delivery of the fulfillment is deemed to be the timely delivery of the fulfillment in the agreed quantity, of the agreed quality, without defects, with all documents that are required by law or technological regulations and mutual agreements or otherwise necessary for the object of the fulfillment to properly fulfill its purpose, according to the nature of the fulfillment.
8.1.3.A change of place of fulfillment must be agreed in advance by both parties. If the Supplier incurs higher costs by changing the place of fulfillment, the Customer shall be obliged to pay these costs in the billing invoice.
8.1.4.The Customer is obliged to inspect the fulfillment upon acceptance and to point out any defects that may be found.
8.1.5.If circumstances arise which prevent or may prevent the proper or timely fulfillment, or may have an effect on an increase in the agreed price or a change in the date or other arrangements (in particular a delay in the delivery of the components of the work/goods by the manufacturer of the components of the work/goods to the Contractor/Supplier, a poorly prepared substrate for the work/goods or surroundings of the place of installation, necessary minor construction modifications around the installation of the work/goods, unsuitable climatic conditions, etc.), the Customer will notify the Contractor/Supplier, or Contractor/Supplier to the Customer, in writing or electronically via email without undue delay.
8.1.6.The time limit for handing over the fulfillment shall be agreed between the Contractor/Supplier and the Customer in the contract/order and shall start from the date of payment of the advance payment according to clause 7.1 of these GTC, unless the Contractor/Supplier and the Customer agree otherwise in writing.
8.1.7.In the event of a justified extension of the delivery of the fulfillment, the Contractor/Supplier is obliged to notify the Customer of the date of fulfillment at least 7 calendar days prior to such fulfillment by email, which the Customer acknowledges.
8.1.8.The deadline for fulfillment may be extended if:
a) subcontractors whose activities are causally related to the Contractor’s/Supplier's fulfillment demonstrably fail to perform their obligations properly and on time, or the delay in delivery is related to technological problems in production or other problems, and the Contractor/Supplier shall notify the Customer of this fact without undue delay,
b) a circumstance of force majeure occurs, in particular an obstacle originating from adverse climatic conditions (e.g. point 8.3.8 of these GTC), which could not have been anticipated in advance and under which it is technologically impossible to meet the deadline for fulfillment according to the contract, or in this connection it is impossible to ensure the protection of the life and health of employees or other authorized persons who may be exposed to the risk of an accident during transport, work injury, illness or other damage to health or danger to life, whereby the Contractor/Supplier shall notify the Customer without undue delay of this fact,
c) unforeseen circumstances related to the of COVID-19 disease (government restrictions and regulations, disease in the Contractor/Supplier or its subcontractors)
d) the Customer and the Contractor/Supplier agree on this in writing or electronically by email after the conclusion of the contract.
8.1.9.The period of fulfillment shall be extended by the number of adverse and dangerous days described in the GTC.
8.1.10.If, as a result of force majeure, the fulfillment of the Contractor/Supplier becomes impossible, both parties shall be entitled to withdraw from the contract. In such a case, the parties shall immediately reimburse each other for any fulfillment already received in connection with the contract from which they are withdrawing.
8.1.11.The Contractor/Supplier is obliged to inform the Customer in writing or electronically by email of circumstances that prevent or may prevent or otherwise hinder the proper and timely fulfillment, immediately after the occurrence of such circumstances, otherwise the Contractor/Supplier shall be liable for the damage that this causes to the Customer.
8.1.12.If the Contractor/Supplier is prevented from fulfillment for reasons on the side of the Customer or related to the Customer (i.e. delay on the side of the Customer), the Contractor/Supplier is entitled to charge the Customer a fee for storage of the work/goods in the amount of € 25 excluding VAT per day from the Customer's delay until the Customer is allowed to perform for each day of delay, even if it has begun. If the Customer agrees in writing with the Contractor/Supplier to postpone the deadline for justified reasons (travel, illness, etc.), the storage fee may be waived, or the parties may agree on a different amount.
8.1.13.If the Customer has described defects, imperfections or other deficiencies in the acknowledgement of receipt of goods pursuant to clause 8.2.4 and in the acceptance report pursuant to clause 8.3.2 and 8.3.3 of these GTC and has indicated how they manifest themselves, the Customer shall be deemed to have requested the Contractor/Supplier to remedy them free of charge within a period of 30 days, unless other conditions have been agreed upon in writing. The provisions concerning the rectification of defects and deficiencies claimed within the guarantee period shall apply to the rectification of defects and deficiencies detected in the course of the acceptance procedure.
8.2.Purchase contract and contract of work
8.2.1.The place of delivery of the work/goods is the Contractor's production hall at Kpt. Nálepku 1384,
Liptovský Mikuláš 031 01.
8.2.2.The Contractor/Supplier and the Customer agree that the fulfillment shall be deemed to have been duly and timely delivered if the Contractor/Supplier:
a) allow the Customer to collect the work/goods in person at the place and time agreed in the contract, or
b) by handing over the work/goods for transport at the time agreed in the contract.
8.2.3.If the Employer arranges the transport of the work/goods to the Customer and/or arranges the installation of the work/goods at a place designated by the Customer, the place of delivery of the work as defined in clause 8.2.1. shall not be affected, unless otherwise specified in the Contract.
8.2.4.The goods shall be deemed to have been accepted by the Customer at the moment when the Customer or a third party designated by the Customer accepts the work/goods at the place of handover of the work/goods as defined in clause 8.2.1. The Customer or a third party designated by the Customer shall confirm the acceptance of the work/goods by signing the acceptance report. The acceptance report shall also indicate any alleged damage to the work/goods.
8.2.5.If the Contractor/Supplier disagrees with the Customer regarding the defects, imperfections, or shortcomings of the fulfillment, he is obliged to state this in the Acceptance Report according to clause 8.2.4. of these GTC. If he does not so indicate or refuses to sign the record, he shall be deemed not to have objections to the Customer's entry.
8.2.6.The acceptance protocol according to clause 8.2.4. of these GTC signed by the Customer and the Contractor/Supplier shall be deemed to be an agreement on all entries, measures and terms specified therein, with the exception of those points on which a party declares in writing that it does not agree with them.
8.2.7.The Customer acknowledges that the Contractor/Supplier may authorise other persons to sign the Acceptance Protocol pursuant to clause 8.2.4. of these GTC.
8.3.Contract for transport of the work/goods and installation of the work/goods
8.3.1.The Customer is obliged to ensure the drivability of access roads and the accessibility of the place of fulfillment. The access and delivery site must be accessible for vehicles up to 45 tons.
8.3.2.The delivery of the work/goods shall be confirmed by the Customer or a third party designated by the Customer by signing a protocol of acceptance of the delivered work/goods.
8.3.3.The Contractor/Supplier is obliged to install the work/goods at the place agreed in the contract (specified by cadastral area and parcel number) on the agreed date of installation, in a condition that allows the installation to be carried out, in particular with regard to clauses 4.3.3 and 4.3.4 of these GTC. The Parties shall draw up an acceptance report on the acceptance of the installed work/goods.
8.3.4.The acceptance protocol according to clause 8.3.3 of these GTC contains in particular:
• contract number,
• identification of the contracting parties,
• declarations of the contracting parties regarding the readiness of the basis under the construction according to clauses 4.3.3 and 4.3.4 of these GTC, or the declaration of the Customer according to clause 4.3.5 of these GTC,
• the defects and shortcomings complained of, together with an agreed date for their elimination,
• date
• signatures of both parties.
8.3.5. In the event that the Customer:
• refuses to accept fulfillment without no reason, or
• fails to appear for the contractually agreed handover date,
the fulfillment shall be deemed to have been duly, timely and without defects handed over by the Contractor/Supplier and accepted by the Customer:
• the date of unjustified refusal to accept fulfillment, or
• by failing to appear at the place specified in the contract at the time of handing over the fulfillment.
8.3.6.The date of handover of the work/goods in accordance with the contract for the transport of the work/goods and the installation of the work/goods shall be the date of completion of the installation, unless the parties agree otherwise.
8.3.7.The Contractor/Supplier reserves the right to extend the date of installation of the work/goods in case of atypical and demanding work/goods, about which he undertakes to inform the Customer before the conclusion of the contract.
8.3.8.The Customer acknowledges that the installation of the work/goods can be carried out only if the outside temperature does not fall below +2 degrees Celsius and does not rise above 30 degrees Celsius. The Contractor/Supplier shall be entitled, within the framework of the proper and timely installation of the work/goods, not to commence, or to interrupt the work in the event of adverse weather in the following alternatives: the temperature on the day of delivery during an 8-hour shift is below +2 degrees Celsius and above 30 degrees Celsius, there is heavy rain or heavy snowfall, excessively strong winds making handling and installation impossible.
8.3.9.If the Contractor/Supplier disagrees with the Customer regarding the alleged defects, imperfections or shortcomings of the fulfillment, the Contractor/Supplier is obliged to state this in the Acceptance Report pursuant to clause 8.3.3. of these GTC. If he does not so state or refuses to sign the record, he shall be deemed not to have objections to the Customer's entry.
8.3.10.The acceptance protocol according to clause 8.3.3. of these GTC signed by the Customer and the Contractor/Supplier shall be deemed to be an agreement on all entri