Legislative conditions

 Üzleti feltételek

• SCOPE OF VALIDITY AND CONTRACT MAKING
• DELIVERY AND TRANSPORT TERMS AND CONDITIONS
• TERMS OF PAYMENT
• ACQUISITION OF OWNERSHIP RIGHT
• RESPONSIBILITY FOR DEFECTS
• ABANDONMENT OF CONTRACT
• TRADING CONDITIONS AMENDMENT (PACKING CASE)

I. SCOPE OF VALIDITY AND CONTRACT MAKING

1. These business terms and conditions represent the integral part of purchase contract for commodity made between the commercial company FERONA Slovakia, a.s. and Buyer.
2. If the Buyer requires splitting of material it is necessary to state this requirement in the order or in the purchase contract and to notify taking delivery of goods at least one day in advance with the warehouse dispatcher. The Seller will carry out only "commercial" splitting namely with the precision of -0 +50mm (cutting, shearing) and -0 +100mm (burning) from required length. The agreement on splitting (type, term, preliminary price) must be part of contract as a basis for assessment of responsibility for possible defect. The Seller considers the remainder of material with the dimension smaller than the smallest supplied dimension the remainder after splitting (part of supply) . In case of round iron of the average over 100 mm the Seller considers the remainder of material shorter than 500mm to be the remainder after splitting. The Buyer does not split: binding material supplied in boxes, steel sheets, netting in packages, drawn steel and goods that is supplied from manufacturer with surface finishing (no metal coating) and of final shape.
3. In case that the Buyer requires at the same time the transport of goods, he is obliged to state in the order the subject of transport, type of transport (vehicle of FERONA, ŽS, other carriers, mail), precise transport instructions, the person authorized to take over the goods and time of fulfilment. The soonest term of transport by Seller´s vehicles is 24 hours from conclusion or delivery of signed purchase contract. This is not valid for items up to 500 kg. In case of safeguarded way of payment these days start to lapse from the date of crediting the purchase price to the Seller´s account. The Buyer is obliged to ask for transport during making the purchase contract in extraordinary cases (payment in cash, technical defect of vehicle, special requirements regarding transport) with the dispatcher of transport company. In case that the terms and conditions agreed in this ways are not fulfilled on the part of Buyer the costs connected with vainly transport will be covered by the Buyer.
4. The confirmed purchase contract including the business terms and conditions will be returned by the Buyer to the Seller within 5 days from the date of its sending at the latest.

II. DELIVERY AND TRANSPORT TERMS AND CONDITIONS

1. If there is no other agreement on time of performance and transport, the Seller is obliged to fulfil his obligation without any unnecessary delay.
2. Delay of Seller does not represent breaching of purchase contract if the delay is occurred for the reasons that he was not able to prevent from occurring and that are not dependent on his will (for example late or damaged sub-deliveries, obstacles in transport etc.) such obstacles exclude the responsibility of Seller for damage that the Buyer incurred due to delay.
3. In order to take over the goods by other person (for example by agreed carrier) it is necessary the document that authorizes to take over the goods otherwise the goods will not be handed over. The authorized person must confirm taking over the consignment by his/her signature or by stamp on duplicate copy of delivery note or vehicle statement.
4. The Buyer is obliged to ensure starting the vehicle unload within 15 minutes after notification of the vehicle crew in place of transport instruction. In case of failure to comply with this condition the Seller has right to charge the demurrage due to waiting within the meaning of the actual price list. The Buyer undertakes to ensure the unload of goods using his own machines and own staff unless he otherwise agreed with the Seller.
5. Access communication in place of transport instruction must comply with criteria minimally of the III class road or local communication minimally of function class C3 while the assessment of its practicability falls within the scope of vehicle driver taking into account the type of vehicle, its present technical condition, type of loaded goods and atmospheric conditions at the given moment.
6. If it is the case that there is no person In place of transport instruction the driver will let to confirm the statement on drive by the impartial person (for example local authority) and he will transport the goods back to the Seller´s warehouse. The Buyer is obliged to pay the costs connected with the vainly transport and storage of goods that the Seller incurred.
7. If the Buyer does not take over the orderly offered goods within the agreed term, he will indemnify the Seller for the damage that he incurred in this way.
8. The Seller will charge the packages as a separate item with goods. The Buyer may return them at his own expenses within 1 year from goods shipment namely undamaged with stating the invoice number to which the returned packages relate. The Seller will purchase the packages at prices reduced by 10%.

III. TERMS OF PAYMENT

1. The Seller hereby reserves the right to state to the Buyer the way of payment for commodity. The Seller is authorized to charge to the Buyer the transportation cost within the meaning of actual price list of transport.
2. The Buyer is obliged to inform the Seller within his maturity term on justified objections to instrument of payment.
3. The Seller does not admit the discount or other reducing of items that is for any reason not agreed in the valid document.
4. All collection costs are paid by Buyer.

IV. ACQUISITION OF OWNERSHIP RIGHT

1. The Buyer acquires the ownership right to taken over commodity only after full payment of purchase price and fees connecting with the possible late payment.
2. After taking over the non-paid goods the Buyer is obliged to take care orderly of it and storage it so that there would not occur any possible damage or its alienation. In case of breaching of any obligation the Buyer undertakes to compensate the Seller for damage he incurred in full amount.

V. RESPONSIBILITY FOR DEFECTS

1. Person authorized to take over the goods must not condition taking over of evidently non-damaged consignment by control of its content, quantity and kind before the vehicle crew.
2. The Buyer is obliged to inform the Seller in writing on any possible defects (as a claim – necessary data: invoice number and specification of defect and the right he claims) without any unnecessary delay within 14 calendar days from taking over the supply at the latest. For contact purposes it is possible to use: tel.: Žilina: 041/5638 197, Rovinka: 02/402 54 157, Nitra: 037/6404 916, Košice: 055/6802 133 while the telephone contact does not replace lodging a claim.
3. The rights resulting from defects that may be found out later during spent professional due diligence must be exercised by the Buyer within 6 months from the date of goods delivery at the latest.
4. In case the Buyer returns the claimed commodity he is obliged to proceed according to the Seller´s instructions that he required in advance. In the transport documents he must indicate whether it is the claimed goods and to state the number of respective complaint. If the claimed commodity is taken over by the vehicle crew in place of transport instruction of Buyer there are valid for Buyer the provisions of point 5 part „Delivery and transport terms and conditions“ unloading = loading).
5. The subject of claim may not be the difference within +- 1% between supplied and invoiced quantity of goods (it relates to the item). 5. In case of rightful claim for part of consignment the Buyer is obliged to pay for the supply (goods) within the extent of faultless performance within its maturity term.
6. In case that the Buyer lodges the claim unrightfully, the Buyer is obliged to pay the costs connected with solution of claim that the Seller incurred.
7. If the Seller does not receive the written response of Buyer to his written attitude to claim within 15 days the Seller´s attitude is considered to be confirmed.

VI. ABANDONMENT OF CONTRACT

1. Any of contracting parties is authorized to abandon the purchase contract. In this case on the date when this party informed the other party on this abandonment in writing it occurs the obligation to pay the compensation in the amount of 20 % from purchase price.

VII. Trading conditions Amendment (packing case)

1. The seller will by back the transportation packing case from the buyer at the acquisition cost in case they will be returned in one year from the goods expedition and undamaged.
2. The buyer’s invoice for returned packing, beside the requirements as to tax documents given by law, should contain the seller’s invoice number, by which the packing has been invoiced with the goods delivery.
3. The charged packing price difference represents the package depreciation cost.
4. The returned packing invoice maturity is the same as for the goods delivered by the seller.
5. Transportation cost is reimbursed by the packing returning party.

BP = Packing basic price

10% of the packing acquisition cost = Packing depreciation costs

AC = Packing acquisition cost

PACKING REPURCHASE AT ACQUISITION PRICE !!!

Prices without VAT