General Terms and Conditions
I. Supplier
ASPERA technology s. r.o., registered office Křižíkova 734/1, 370 01 České Budějovice, ID: 07699140, represented by Ing. František Kaska, Managing Director, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, Insert 28292, hereinafter referred to as the "supplier"
II. Subject Matter
The subject matter of the contract is the determination of conditions for deliveries and individual purchases of products and services by the buyer from ASPERA technology, sheet metal manufacturing and processing.
III. General Delivery Terms
Products/services will be delivered by the supplier based on the buyer's order (written or verbal) within the deadlines confirmed by the supplier.
The order must contain specifications and quantities of the required products/services, as well as the delivery date and place. Any revision of parts/drawings must be properly indicated in the order. The customer is obliged to notify any change in parts/drawings.
Data sent by the customer is considered valid and complete. The customer is responsible for the accuracy and completeness of all data/documents sent that are necessary for production.
Any change to documentation must go through a proper change management process.
Transportation of products/services is arranged by agreement for individual business cases.
Products/services will be accompanied by a delivery note and, if applicable, an invoice – a tax document.
Packaging, except for returnable packaging (i.e. excluding transport pallets, wooden crates, gitterboxes, etc.), is already included in the price of the products/services and will not be charged separately. Returnable packaging will be charged according to agreement and may be returned within 3 months, with a depreciation of 20% of the value of the returnable packaging being charged.
In the event of an agreement to maintain stock, the supplier undertakes to store the mutually agreed quantity of products in its warehouse for the buyer. In the event of termination of cooperation, the buyer undertakes to take this stock no later than 1 month after written notification by the supplier.
IV. Price of Goods and Payment Terms
The price of products/services is determined individually according to the price offer.
Invoice payment terms are 15 days.
In the event of exceeding the payment period, the buyer will be charged statutory default interest for each day of delay.
The supplier reserves the right to have an insurance company determine the credit limit and, if necessary, insure the buyer's payments.
V. Transfer of Ownership and Quality Warranty
Ownership of the products/services passes to the buyer on the day they have paid the purchase price.
The risk of damage to products/services passes to the buyer at the moment of handover/acceptance of the products and confirmation of the delivery note.
The supplier warrants the quality of the products/services for 12 months, unless otherwise agreed.
The warranty period begins on the day of delivery of the products/service.
VI. Declarations of Supplier and Buyer
The supplier is entitled to suspend the delivery of products/services to the buyer if the buyer is more than 30 days overdue on payments of issued invoices.
If the buyer unjustifiably fails to pay the supplier's invoices – tax documents – and this delay exceeds 60 calendar days from the day following the due date of the oldest unpaid invoice, the supplier is entitled without further notice to sell or assign the entire receivable against the buyer.
The parties agree that all disputes arising from or in connection with this contract will be settled under Czech law before the competent court of the supplier, i.e. the District Court or Regional Court in České Budějovice.
VII. Final Provisions
These terms and conditions are valid from 1 January 2019.