General terms and conditions of PLCTRONIC s.r.o. (hereinafter referred to as “GTC”)
I. Definitions
- For the purposes of these GTC, the following terms shall apply:
Supplier: PLCTRONIC s.r.o., with its registered office at Žabinská 24, 911 05 Trenčín, Company ID 54 581 648,
Customer: any natural person – entrepreneur or legal entity who is interested in purchasing goods from the Supplier and/or in repairs carried out by the Supplier,
Contracting party: Supplier and/or Customer,
Purchase contract: a purchase contract concluded on the basis of these GTC between the Supplier as the seller and the Customer as the buyer,
Repair contract: a contract for work concluded on the basis of these GTC between the Supplier as the person carrying out the repair and the Customer as the person interested in repairing the damaged part (made by a third party),
Order: written order of the Customer in electronic form (e-mail and/or SMS message) for the purchase of goods and/or for repair; Order is the acceptance of the Supplier’s price offer,
Place of delivery: place designated by the Customer,
Time of delivery: moment of receipt of goods by the Customer and/or the authorized carrier,
C.C.: Act No. 513/1991 Coll. Commercial Code. - The subject of these GTC is the regulation of the mutual rights and obligations of the Contracting Parties when concluding Purchase Contracts and/or Repair Contracts, as well as other related relationships.
- The Customer declares that he has properly familiarized himself with these GTC, understands them, accepts them and undertakes to follow and comply with them.
II. Purchase Agreement
- The subject of the Purchase Agreement is the obligation of the Supplier as the seller to deliver to the Customer as the buyer the goods, the specification of which is stated in the Order, or in the Supplier’s price offer, or their annexes, and the Customer’s obligation to pay the purchase price for the delivered goods, the amount of which is stated in the price offer, or its annexes. The subject of the Purchase Agreement is also the regulation of the mutual rights and obligations of the Contracting Parties.
- The Purchase Agreement is considered concluded at the moment of delivery of the Order to the Supplier, by which the Customer accepts the Supplier’s price offer.
- The Supplier’s claim to payment of the purchase price for the goods arises on the day of its delivery; the Supplier is entitled to request an advance payment for the purchase price from the Customer.
- The Supplier undertakes to deliver the goods without defects.
- The Customer acknowledges that the goods supplied by the Supplier are reconditioned, and some of its components may be replaced with compatible components from other products.
- The Customer acknowledges that the type designation of the original manufacturer on the goods may have been replaced with a new type designation on the goods so that it corresponds to the actual properties of the goods.
- The Supplier provides the Customer with a warranty period of twelve months for the goods. However, the warranty does not apply to defects caused by unprofessional assembly and/or unprofessional handling and/or the ingress of any liquid into the goods. The Customer undertakes to ensure that the assembly and/or handling of the goods is carried out only by sufficiently qualified persons.
- The Contracting Parties have agreed that the goods are the property of the Supplier until they are paid for in full (retention of title); The ownership of the goods shall pass to the Customer upon full payment of the purchase price.
- The Parties have agreed that the risk of damage to the goods shall pass to the Customer upon receipt from the Supplier.
III. Repair Agreement
- The subject matter of the Repair Agreement is the Supplier’s obligation to repair the damaged part for the Customer as an interested party, the specification of which is stated in the Order, or in the Supplier’s price offer, or their annexes, and the Customer’s obligation to pay a fee for the repair, the amount of which is stated in the price offer, or in its annexes. The subject matter of the Repair Agreement is also the regulation of the mutual rights and obligations of the Parties.
- The Repair Agreement shall be deemed to have been concluded upon delivery of the Order to the Supplier, by which the Customer accepts the Supplier’s price offer.
- The Supplier’s claim to payment of the repair fee arises on the day of handing over the repaired part to the Customer; the Supplier is entitled to request an advance payment from the Customer.
- The Supplier undertakes to carry out the repair in such a way that the (repaired) part can be used in accordance with its functional purpose.
- The Customer acknowledges that during the repair, some components of the (repaired) part may be replaced with compatible components from other products.
- The Supplier provides the Customer with a warranty period of twelve months for the repair performed. However, the warranty does not apply to defects caused by improper assembly and/or improper handling and/or the ingress of any liquid into the (repaired) part. The Customer undertakes to ensure that the assembly and/or handling of the (repaired) part is carried out only by sufficiently qualified persons.
IV. Common and final provisions
- The Contracting Parties agree that any legal relations established between them will be governed by the law of the Slovak Republic, in particular, but not exclusively, the Code of Civil Procedure.
- The Contracting Parties agree that in the event of a delay by the Customer in any age by payment to the Supplier, the Customer is obliged to pay interest on arrears in the amount of 0.05% per day of the outstanding amount for each day of delay.
- The Parties have agreed that the Customer is not entitled to unilaterally set off any of its receivables against the Supplier. The Parties have further agreed that the Customer is not entitled to assign any of its receivables against the Supplier to a third party.
- The Parties have agreed that the locally competent court of first instance for resolving disputes arising between them under the Purchase Agreement and/or the Repair Agreement concluded in accordance with these GTC and/or disputes related to them will be the District Court of Trenčín.
