General terms and conditions of Camaxis, sro, Company ID: 03260283, with its registered office at Na Valích 511, 440 01 Louny, valid and effective from December 3, 2019 (version 12/2019).
1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") contain the regulation of the rights and obligations of the contracting parties in contracts for work concluded by the company Camaxis, sro, IČ: 03260283, with its registered office at Na Valích 511, 440 01 Louny (hereinafter referred to as the "Contractor") as the contractor. These GTC also apply to cases where the subject of the contract (or only part of the subject of the contract) is the supply of goods or materials manufactured by other persons and the contractual relationship could be assessed as a purchase contract and the Contractor acts as the seller in these contractual relationships.
1.2. These GTC shall apply to the regulation of the contractual relations referred to in paragraph 1.1. in the event that the relevant offer of the Contractor accepted by the Client refers to them. The contractual relations to which these GTC shall apply shall primarily be governed by the content of the accepted offer. In matters not regulated in the accepted offer, the contractual relationship shall be governed by these GTC and in matters not regulated by these GTC, the relevant provisions of Act No. 89/2012 Coll., the Civil Code, shall apply.
2.1. The contract for the work is concluded when the Contractor receives from the Client an unconditional acceptance of its offer. The acceptance of the offer must be in writing and must be delivered to the Contractor by post, email or by handing it over to a person authorized to act on behalf of the Contractor.
2.2. If the client does not accept the offer unconditionally or makes adjustments to the offer together with the acceptance, the contractual relationship does not arise. If the client adds counter-proposals to the offer, the contractual relationship arises only at the moment of approval and written confirmation of these counter-proposals by the contractor.
2.3. The contractor's offer is deemed to be unconditionally accepted even if the client allows the contractor to begin performing the work according to the offer without explicit acceptance of the offer, in the form of a telephone or e-mail instruction.
3.1. By a contract for work, the contractor undertakes to perform the work at his own expense and risk for the client, and the client undertakes to accept the work and pay the agreed price.
3.2. The work is done when it is completed and delivered.
3.3. The deadline for the performance of the work is set in the offer and is extended by the period during which the Contractor was unable to continue working on the Work for reasons attributable to the Client or for reasons that arose independently of the Contractor's will and prevent him from fulfilling his obligation to complete the work.
4.1. The Contractor is obliged to notify the Client of the proposed date of handover no later than 2 days before the intended handover of the finished work. The Client is obliged to immediately confirm the proposed date or agree with the Contractor on another date for handover and acceptance of the work, but no later than 7 days after the date proposed by the Contractor. The Contracting Parties shall agree on the procedure and program for acceptance of the work when initiating the acceptance procedure.
4.2. Without prior agreement, the client is not entitled to use the work or its completed part that has not been handed over or taken over. If damage occurs during such unauthorized use by the client, it is deemed to have been caused by the client.
4.3. The Client is not entitled to refuse acceptance of the work due to isolated minor defects that, by themselves or in combination with others, do not prevent the functional use of the work, nor do they significantly limit its use. The Contractor shall eliminate these defects and unfinished work free of charge, i.e. within the price for the work, within the terms specified in the acceptance protocol.
4.4. If the client refuses to take over the work, he is obliged to specify the reasons for this refusal in the record of the handover and takeover of the work. If the client fails to appear to take over the work or unjustifiably refuses to take it over, it is considered that the work was handed over to the client and taken over by the client on the day when the client was supposed to appear to take over the work or on the day when he unjustifiably refused to take over the work without reservations and without defects and incomplete work, or with isolated minor defects that do not, by themselves or in combination with others, prevent the functional use of the work or significantly limit its use, if the work shows them and the client unjustifiably refuses to take over the work.
5.1. Ownership of the work passes to the client upon full payment of the price of the work to the contractor.
5.2. The risk of damage to the work passes to the customer upon acceptance.
6.1. Unless otherwise agreed (e.g. in an accepted offer), the contractor shall be entitled to payment of the full price of the work upon its handover to the client. If the work is accepted in parts, the contractor shall be entitled to payment of the price for each part upon its execution.
6.2. If so agreed, the client undertakes to pay the advance payment for the work within seven days of the contractor issuing and delivering the advance payment invoice to the client. The amount of the advance payment is determined in the offer.
6.2. After handing over the work (or part thereof, if it is handed over in parts) the Contractor shall issue an invoice to the Client for the price of the work (or the handed over part thereof).
6.3. The Contractor is entitled to suspend the performance of the work for the period during which the Client is in default with the payment of any of the Contractor's due receivables. The deadline for the performance of the work shall be extended by this period.
6.4. Delay in payment of the price of the work is a material breach of contract and therefore entitles the Contractor to withdraw from the contract for the work. In this case, the Contractor is also entitled to withdraw from all other contracts concluded with the Client or to refuse performance under other contracts until all overdue receivables, including accessories, have been paid in full.
6.5. If the price of the work is agreed in the contract in EUR, then if the amount paid for the price of the work in EUR after conversion to CZK according to the foreign exchange market exchange rate announced by the CNB between CZK and EUR on the day of payment is lower by more than 1 % than the amount corresponding to the agreed price in EUR after conversion to CZK according to the exchange rate between CZK and EUR announced on the day of conclusion of the contract, the contractor is entitled to demand from the client the payment of the difference thus incurred, and the client is obliged to pay this difference within 15 days of the contractor's request, and it is valid that the price has automatically increased by this difference.
6.6. In the event of the Client's delay in making any payment to the Contractor, the Client is obliged to pay the Contractor a contractual penalty of 0.1 % of the outstanding amount for each day of delay. The payment of the contractual penalty does not affect the Contractor's potential claim for full compensation for damages.
7.1. The contractor provides the customer with a quality guarantee of 12 months from the handover of the work (in the case of handover in parts, the warranty period always starts for each delivered part separately, from the moment of its handover).
7.2. In the event of defective performance (or the occurrence of a defect during the warranty period), the customer has the right to free removal of the defect within a period reasonable for the nature of the defect. If the defect cannot be removed, he is entitled to a reasonable discount from the price of the work. The contractor can also, at his choice, deliver a new work to the place of repair or a reasonable discount from the price of the work. Use of mouth § 2106 to §2108 of the Act C. 89/2012 Coll. is excluded.
7.3. The guarantee for the quality of the work does not apply to defects in the work caused by its incorrect assembly, if this assembly was not carried out by the contractor or another person on behalf of the contractor (subcontractor of the contractor).
7.4. The warranty for the quality of the work does not apply to defects resulting from dimensional or functional errors, as production is carried out on the basis of written approved drawing documentation. By approving the documentation, the customer assumes responsibility for the final design of the new product, regardless of the materials used for construction.
7.4. The contractor provides a warranty for parts and work of subcontractors according to the supplier's warranty regulations, but at least for 12 months.
7.5. The warranty does not cover consumable and fast-wearing parts.
8.1. Legal relations from the contract for the work are governed by the legal order of the Czech Republic. In the case of the existence of a foreign element, the use of conflict of law norms or international treaties is excluded, the matter will be assessed according to the legal order of the Czech Republic as if there were no foreign element in it, and the court proceedings will proceed according to Act. C. 99/1963 Coll., Code of Civil Procedure.
8.2. The contracting parties undertake to maintain confidentiality of all information related to the business cases concluded between the contractor and the client, and this information is considered a trade secret.
8.3. By entering into a contract for the work, the customer gives the contractor irrevocable consent to the fact that the contractor is entitled to publish any visual representations of the work (photographs, drawings, etc.), information about the order and references in any promotional materials of the contractor in any form (printed, digital, etc.)
In Louny on December 3, 2019