Terms and Conditions

I. Basic Provisions

1. These terms and conditions (hereinafter referred to as the T&C) govern the commercial relationships between Protronix s.r.o., with registered office at Chrudim, Pardubická 177, ZIP 537 01, identification number 259 62 264, registered in the commercial register maintained by the Regional Court in Hradec Králové, section C, insert 17734, and its customers (hereinafter referred to as the buyer) concluded according to the relevant provisions of Act No. 89/2012 Coll., the Civil Code, as amended.
2. The T&C are known to the parties and they are obliged to comply with them, as they are published in their valid form on the website of Protronix s.r.o. (hereinafter referred to as the seller) at www.protronix.cz and are attached to the seller’s offer.
3. The buyer’s terms and conditions shall not be considered.

II. Conclusion of the Contract

1. The proposal to conclude a contract (hereinafter referred to as the offer) must contain proper identification of the party making it and must clearly indicate that the party making it intends to conclude a contract with the seller.
2. The offer is understood as an order.
3. An order can be made in writing, electronically, by fax, by phone, or orally. An order made by phone or orally must be promptly transferred to an order form.
4. The order must contain the following particulars:
a) proper identification of the parties
b) subject of the contract, i.e., exact specification of the ordered goods, especially indicating the quantity and order code, according to which technical parameters can be traced in the corresponding catalog sheet
c) delivery date of the ordered goods
d) place of delivery of the ordered goods, including the amount payable for the transport of the ordered goods
e) determination of the price of the ordered goods and the method of its payment
f) date
5. If the order is rejected, it ceases to be effective upon rejection.
6. The contract shall be concluded:
a) Based on a duly concluded purchase contract.
b) By accepting the received order made to the buyer.
Acceptance with an addition or deviation that does not substantially change the terms of the offer is considered as acceptance of the offer unless the buyer rejects it without undue delay.
7. By concluding the purchase contract, the seller undertakes to hand over the item that is the subject of the purchase to the buyer and to allow the buyer to acquire ownership rights to it, and the buyer undertakes to accept the item and pay the purchase price to the seller.

III. Payment Terms, Penalty Provisions

1. The buyer is obliged to pay the purchase price in the agreed manner by the due date specified in the purchase contract or on the due date stated in the duly issued tax document or upon receipt of the item.
2. The costs associated with the transport of the ordered goods shall be borne by the buyer in the agreed amount.
3. If the buyer is in default of payment of the purchase price, they are obliged to pay the agreed interest on late payment, which is 0.5% per day of the outstanding amount until payment is made.

IV. Transfer of Risk of Damage

1. The risk of damage to the ordered item passes to the buyer at the same time as the acquisition of ownership rights.
2. The buyer acquires ownership rights to the ordered item upon its handover. If the seller is to send the item according to the purchase contract, they shall hand over the item to the buyer by delivering it to the first carrier for transport for the buyer and allow the buyer to assert rights from the transport contract against the carrier. The effects of handover occur upon delivery from the carrier.

V. Rights from Defective Performance

1. The seller is obliged to perform without defects with the properties stipulated or customary so that the subject of performance can be used according to the contract, and if known to the parties, also according to the purpose of the contract.
2. The buyer is obliged to inspect the item as soon as possible after the transfer of risk of damage to the item and to verify its properties and quantity. Mechanical defects must be asserted by the buyer at the moment of handover of the item from the carrier. Other defects must be asserted by the buyer to the seller in writing immediately after their discovery, i.e., within three working days, and simultaneously in the written assertion of the defect, the buyer shall inform the seller of which right they have chosen in connection with the assertion of defective performance.
3. The buyer has the right in case of a substantial breach of contract to:
a) remove the defect by delivering a new item without defects or by delivering the missing item
b) remove the defect by repairing the item
c) a reasonable discount on the purchase price or
d) withdraw from the contract.
The choice made cannot be changed by the buyer without the seller’s consent; this does not apply if the buyer requests the repair of a defect that proves to be irreparable.
4. In the case of a non-substantial breach of contract, the buyer has the right to remove the defect or to a reasonable discount on the purchase price.

VI. Quality Guarantee

1. The seller provides a warranty for the goods for a period of 24 months.
2. The warranty period begins from the handover of the item to the buyer.
3. The buyer is obliged to assert their rights from defects with the seller in writing immediately after their discovery, i.e., within three working days.
4. The seller shall confirm to the buyer the moment of asserting the defect, from which the deadline for its resolution runs, which is 30 days, a maximum of 60 days for complicated items.
5. The buyer is obliged to use the subject of the contract fully in accordance with the seller’s instructions, is obliged to respect all procedures specified in the user manual of the item, to use the item in accordance with the purpose for which it is intended; otherwise, their complaint is considered to be unjustifiably asserted.
6. Costs associated with a justified complaint shall be borne by the seller; costs associated with an unjustified complaint shall be fully borne by the buyer.

VII. Final Provisions

1. Any disputes arising from the commercial relationship will be resolved primarily amicably; otherwise, by the competent court according to the seller’s registered office.
2. Deviating provisions in the contract take precedence over the wording of these terms and conditions.
3. Rights and obligations not regulated in the purchase contract and these T&C shall be governed by the relevant legal regulations, especially Act No. 89/2012 Coll., the Civil Code, as amended.

In Chrudim, on November 26, 2018

Download the terms and conditions in pdf