a) The Supplier shall be responsible for a defect present in the goods at the moment the goods are handed over to the Customer even if the defect becomes apparent later.
b) The Customer is obliged, before taking over the goods from the forwarder, to find out at least a basic correspondence between the goods taken over and the data given on the packaging sheet issued by the Supplier at the time of dispatch, as follows:
- a corresponding number of palettes and cartons (or other units used)
- a corresponding gross weight of the order.
Further, he is obliged to check on the undamaged state and entirety of the packaging (palettes and cartons, or other units used).
If one of the parameters above is not complying, the order is, highly probably, incomplete owing to the fault of the forwarder, and the Customer is obliged to complain about this fault with the forwarder and not to take over the order.
The Supplier shall take no account of defects of this character found later (on the whole, discovery of missing goods) by the Customer, and complaints of this kind shall always be assessed as unjustified.
c) In the event that all the data on the packaging sheet are corresponding and the covers were not damaged, the justifiability of the complaint shall be assessed on the basis of a reconstruction of the order with the Supplier, in connection to the gross weight of the original order.
d) The Customer shall inspect the goods ( with professional care ) promptly after the goods are received while he shall take into account the nature and quantity of the goods. Defects visible or defects in quantity found during the inspection of the goods shall be claimed by the Customer promptly using a record about the goods acceptance, and within 5 days after accepting the goods at the latest. Provided the Customer fails to inform in written the Supplier on the identified defects within 5 days after accepting the goods, his right to claims the mentioned defects shall lapse.
e) A written complaint protocol shall be delivered to the Supplier and shall contain precise specification of the goods, description of defects, number of defective pieces, (numbers of documents accompanying the goods), contact person and contact to the party submitting the compliant. A sample of the concerned defective goods shall be enclosed to the complaint protocol. Any compliant failing to comply herewith shall not be acknowledged as legitimate
f) Provided the Customer fails to inspect the goods or fails to have the goods inspected within the above specified limit of 5 days, then defects found during such a later inspection may only be claimed if the Customer is able to prove that the defects were present in the goods at the time the risks relating to the goods passed to the Customer.
g) The Seller guarantees that the bar code on all the products and their packaging shall be legible. The legibility control shall constitute part of the output control of each product leaving the plant.
In accordance with the technological equipment used the illegibility of the bar code on the packaging of the products (carton box, plastic case and so on) is excluded.
The Seller admits the possibility of any problems concerning legibility only on individual products depending on the scanning device used by the Buyer.
Claims made against illegibility of up to 5 % of the total delivered quantity of goods shall be considered an admissible technological occurrence. Should the Buyer put in a claim against illegibility of the bar code on any of the Seller’s individual products, the claim shall be acknowledged only of 5 % of the inadequate goods of the total quantity delivered to the Buyer. Should such claimed goods comply with the condition of legibility with the Seller, such a claim shall not be acknowledged.
The contractual parties have agreed to define a material breach of the Contract in agreement with Section (§) 345 of the Commercial Code as follows:
- Supplier’s failure to meet a delivery time, even if a sufficient and reasonable period of time has been granted
- Customer’s failure to meet due dates of tax vouchers, invoices or advance invoices
- a breach of Article 10 hereof
In the mentioned cases the injured party may withdraw from the Contract, based on a written notice delivered to the other party. In the other cases the breach of the Contract shall be viewed as non-material.
a) the fulfillment of its purpose and subject matter i.e. by meeting the terms of the Contract;
b) expiry of the Contract duration (in case of master contracts for cooperation);
c) agreement between the contractual parties;
d) withdrawal of one party;
e) frustration of the Contract’s purpose;
f) termination notice given by either party;
g) an event caused by force majeure. For the purposes hereof the force majeure shall be defined as cases of non-performance due to an objective reason, e.g. war, revolution, mobilization, uprising, natural disaster etc.
The termination f the Contract shall cause the termination of the right of the Customer to the domain name or another object of the Intellectual Property the use or the registration to which the Supplier gave the Consent. At a request of the Supplier, the Customer shall assign the domain name to the Supplier, or shall cancel such domain name in one week following the date of the termination of the Contract.
These General Conditions shall come into effect on 1 October 2013 and into force on the day they are signed by both the contractual parties.