Business conditions

Všechny případy dodávek nových nožů a servisu broušení se řídí výhradně obchodní podmínky firmy Mercel,cutting knives s.r.o., stejně tak jako podmínky reklamace zboží nebo služeb. Za souhlas s obchodními podmínkami firmy se považuje objednání zboží nebo servisu.

The present General Conditions (hereinafter “Conditions”) create the integral part of a contractual relation between the company MERCEL, cutting knives, s.r.o.; having office at Týnišťská 423, 503 46 Třebechovice pod Orebem, company ID: 27490297, registered in Commercial Register, kept by the Regional Court in Hradec Králové, file number C 22112 as a seller (hereinafter “seller”) and a customer as the buyer.

1. Subject of a contract

   The buyer agrees with delivery and payment conditions by placing the order. General business conditions cease to be valid in case the seller does not agree with them. Validity of delivery and payment conditions is not affected unless the seller expressly rejects different conditions of the buyer. Changes of payment and delivery conditions and other collateral contracts are valid only when confirmed by seller in writing.

2. Creation of a contract

   The contractual relation between the seller and a customer is created when the order of goods is placed by the customer and the delivery of goods specified in the order is agreed by the seller. The order can be placed personally on the premises of the seller, in writing, by e-mail or via Internet in e-shop of the seller. The order placed in the above mentioned ways is assumed to be a binding proposal of the customer for purchase contract conclusion for delivery of goods specified according to the catalogue of the seller or other documentation. Having placed the order the customer confirms that he has acquainted himself with the wording of Conditions, he understands it and he expressly agrees with it.

   The order becomes binding for the seller under the condition that he confirms to agree with order fulfilment (hereinafter “confirmation). The order placed personally on the premises of the seller is usually confirmed so that the customer is given a written confirmation or goods required while he waits. The order placed in a different way is usually confirmed in writing or electronically to the address indicated in the order.

   The seller is not bound by an order received until he confirms it and he has no legal duty to confirm the order received.

3. Price and payment conditions

   All the prices given in a purchase contract are netto prices, VAT will be added in the amount given by law. Unless otherwise agreed, the purchase price does not cover placing of a machine, its assembly and disassembly. Customs examination of loading and transport devices and the packing are at buyer’s expense. All the seller’s offers are unbinding except for the sale to a third party.

   Purchase price is due in compliance with the relevant schedule of payments. Due date of the invoice is mentioned on the invoice. If the whole sum is not paid within 30 days (unless otherwise agreed), the advance payment expires. Purchase price is assumed to be paid after the seller’s account is credited with the sum. Upon default of the customer with payment of purchase price, the seller is entitled to charge the customer with interest on late payment in amount of 0, 05% from the sum in arrears for every day of delay.

   In case of delay in taking delivery, all the contractual payment dates are fully binding. Payment is accepted only after the seller’s account is credited with the sum, foreign payments shall be executed without any bank charges, i.e. the seller’s account shall be credited with the entire sum agreed.

4. Reservation of proprietary rights

   All the goods delivered remain in the seller’s property until the entire purchase price is paid. The buyer is eligible for the mutual receivables only in case they are indisputable and legally secured.

   In case the customer is in default with payment of purchase price, the seller is entitled, even without prior notice; to suspend the deliveries of goods already agreed until all the obligations of the customer are paid. Delivery of goods, assembly and transport

   Disassembly, loading, transport, unloading, assembly and putting the machine into operation are always done at the buyer’s risk. The seller recommends the buyer to conclude insurance covering the transport of machines in time.

   The above mentioned stipulations are valid without limits even if the disassembly, loading, transport, unloading and assembly are arranged by the seller.

   Delivery dates are unbinding. They may be changed particularly when all the business and technical details are not clarified.

5. Warranty

   The description of machines corresponds to the best of our knowledge. Performance and format data are taken from the machine label or from information given by the last owner. The seller assumes no responsibility for the objective accuracy of the data. Warranty does not refer to condition and function of the machines and it excludes liability for external defects, hidden ones included. Solely the assembly conditions determined by the seller are valid during assembly and disassembly.

   Machines are sold as second-hand; therefore the seller bears no responsibility for technical condition of the machine or their attachments, their completeness and completeness of the attachments.

6. Trade secret

   The contracting parties undertake themselves to keep the information, that are received from another party during the negotiation and fulfilment of the mutual contract and that have indication “confidential” as the confidential ones; not to provide them to another party without permission of the provider and not to use the information for other purpose than fulfilment of the contractual relation entered into with another contracting party.

7. Settlement of disputes

   The contracting parties undertake themselves to settle the possible disputes mainly amicably. If a dispute is not settled amicably, any of the contracting parties can take the matter to a relevant court to be decided.

8. Legal validity of the present conditions

   If any part of the present delivery and payment conditions is legally invalid, the validity of other stipulations is not affected.

9. Concluding provisions

   The contractual relations between the parties which the Conditions are applied to are governed by the Czech law at the relevant court in the Czech Republic. In case the wordings of Conditions and of the contract are different, the relevant stipulation of the contract takes the precedence.

All the contact details of the seller are permanently available on Internet web sites http://www.mercel.cz . These details can be used for all the communication with the seller including possible assertion of defects or withdrawing the contract by the customer.

All the information included in written documentation, on audio-visual or acoustic medium or on Internet sites of the seller are in the sole property of the seller. Any usage of such information without prior written approval of the seller is illegal.

The present Conditions are valid from 30.1.2007