General business terms

These general business terms of the company MFC-MORFICO s.r.o. (hereinafter referred to as the “Seller”) are an integral and significant part of the requirements of business contracts concluded by the Seller concerning the sale of products and services irrespective of the fact whether the purchaser is a natural person or corporate body (hereinafter referred to as the “Purchaser”). They are valid for all mutual relations between the Seller and the Purchaser if the written agreement between parties does not state otherwise.

1. Concluding business contract (BC)
1.1. Sale of products or services is performed on the basis of business contracts concluded in writing (hereinafter referred to as “BC”)
1.2. Provisions of these general business terms is decisive and binding for concluding the BC.
1.3. As the source material for the BC, the Purchaser is obliged to provide the Seller with a current copy of the Trade Licence or the Extract from the Commercial Register and certificate on registration of VAT.  These documents are provided before the concluding of the first business relation with the Seller and in the case of any changes to them.
1.4. By the delivery of the order of the Purchaser, the proposal for concluding the business case is originated.
1.5. By the confirmation of the order on the part of the Seller, the BC is concluded.
1.6. Sale of products or services is possible also without a concluded BC.  However, in this case, the Purchaser is obliged to pay in cash during the taking of products or services. 

2. Subject of deliveriesreclaim
2.1. Delivery of products, services according to the valid offer and price list of the Seller.
2.2. The Seller undertakes to deliver products, services in the agreed type, quantity, price and date.
2.3. The Purchaser undertakes to take the ordered volume and to pay the agreed purchase price.
2.4. The assortment of products and services offered by the Seller is mentioned in valid price lists for the respective calendar period.

3. Delivery terms
3.1. Individual deliveries of products or services which are the subject of the BC are performed on the basis of written order of the Purchaser confirmed by the Seller if an independent purchase or similar contract is not concluded.  The order must contain:
- name, address (business name), tel/fax, company ID number (IČ), VAT number of the Purchaser
- bank institution and the number of account of the Purchaser
- kind, volume, price of the requested product or service
- name of the authorized person for taking of the product or service
- manner of transport
- payment terms (if not stipulated in the BC)
3.2. The delivery is fulfilled on the basis of the call of the Seller to take products in the place of delivery or Record on handing over and taking over of the completed work (service).
3.3. During the taking of products or services by the Purchaser, the Seller must submit to the Purchaser confirmed order or the document about the payment of invoice.
3.4. During the handing over of products when the transport is ensured by the Purchaser through other subjects, the taking persons must submit a Power of Attorney or other document proving the authority for transfer and is liable for suitable transport conditions.
3.5. In the case of transport of products by means of transport mediated or ensured by the Seller, the Purchaser must ensure unloading so that the load can be unloaded from the vehicle without obstacles and without waiting.
3.6.  If the Purchaser does not perform unloading of the vehicle within 2 hours of arrival, the price of downtime will be invoiced to him per each quarter of an hour or part of it at the level of CZK 300.
3.7. If the transport of the goods is ensured by the Seller, he is liable for the agreed date of the delivery (+-24 hours). In the case of a change in date of delivery, the Seller is obliged to immediately report this fact to the Purchaser.  In this case, the Seller is not liable for possible damage originated to the Purchaser from late delivery of goods.

4. Payment terms
4.1. Basic payment terms (manner of payment, discounts, credit) are agreed directly in the BC. The Purchase pays the purchase price either in cash during the taking of products, by proforma invoice in advance or by invoice with an agreed maturity period.
4.2. The day of payment according to the purchase contract means the date when financial funds are credited to the account of the seller or are paid in cash.
4.3. In the case of not keeping of the delivery date of products according to the agreed order (with respect of the point 3.7. of VOP), the Seller will pay to the Purchaser a contractual penalty at the level of 0.05% of the purchase price per each day of delay.
4.4. In the case of not keeping of the maturity of invoice, the Purchaser will pay to the Seller a contractual penalty at the level of 0.05% of the Purchase price per each day of delay.
4.5. If the Purchaser unilaterally cancels the concluded BC, the Purchaser will pay to the Seller a contractual penalty at the level of 25% of the purchase price of the not taken goods or service.
4.6. In the case of non payment of the invoice within the maturity period, further purchases are possible only in cash.

5. Dispatching of products
5.1. Products are delivered on palettes, bulk or in transported packages with an indication of weight and the user manual.
5.2. In the case of delivery of products on palettes, the price for the returnable palette is invoiced to the Purchaser.  When returning palettes, 10% of the price is deducted for wear.
5.3. Only undamaged palettes may be returned by the Purchaser.
5.4. The transportation of products from the place of dispatching of the Seller to the place stated by the Purchaser is performed at the cost of the Purchaser.

6. Quality, warranty, claims
6.1. The agreed quality is considered in fact the declared properties of products or services issued by the Seller fulfilling parameters of the respective technical regulation.
6.2. The Seller guarantees that products or services have at the moment of the fulfilment of delivery the declared properties.  Products must keep these properties minimally during the duration of the warranty period which is stated as the period of storage or durability in the respective supporting materials (e.g. technical sheets, technical manuals, etc.).
6.3. Despite all care of the Seller, defects may occur to the delivered product or service.  The Purchaser is obliged to investigate products or services immediately after the delivery and has the right to claim the ascertained defects.  The Purchaser submits the claim immediately and in writing.  Terms of the claim procedure are stated by the Claim order of the Seller. 
6.4. The risk of damage to the product or service is transferred to the Purchaser at the moment of handing over of delivery (according to Article 3.2. of these general business terms).
6.5. The Seller is not liable for damage originated by non-professional manipulation of the product or processing of the product with defect which the Purchaser could or was to ascertain.

7. Final provisions
7.1. Both contracting parties are obliged to proceed within their possibilities so as to minimize possible damages, losses or risks.
7.2. Each contracting party will consistently ensure the keeping of the confidentiality of business information concerning their mutual contractual relation.
7.3.The contracting parties agreed that all disputes originating from and in relation to this contract will be decided with final validity at the Arbitration Court at the Chamber of Commerce of the Czech Republic and the Agrarian Chamber of the Czech Republic according to its Order and Rules of procedures by three arbitrators at the court in Brno.
7.4. Mutual relations which are not stipulated in the BC, including these general terms, are governed by the respective provisions of the commercial and civil code.
7.5. The ownership rights to the product or service are transferred to the Purchaser only after the full payment of the purchase price.
7.6. These general business terms come into validity and efficiency by the day 20.8.2011 and replace any previously issued General business terms.

Ing. Oldřich Fiala
Director of the company

>>Up

Back