Terms & Conditions
LAPP Insulators Alumina s.r.o.
Reg. No: 24244091, VAT No.: CZ 24244091, based at Kladská 916, Hradec Králové, 500 03
General Terms and Conditions
The General Terms and Conditions define a relationship between the parties of a Sale Agreement.
LAPP Insulators Alumina s.r.o., Reg. No: 24244091, VAT CZ24244091, based at Kladská 916, Hradec Králové, 500 03, registered with the Commercial Register of the Regional Court in Hradec Kralové, Inset C 31344 (hereinafter referred to as "LAPP Insulators Alumina s.r.o." or „Supplier“)
and Buyer (hereinafter referred to as the "Buyer")
For more information on Lapp Insulators Alumina s.r.o., please, visit www.vacuumtechnology.cz
By ordering a product from the Supplier the Buyer acknowledges the Terms and Conditions and states that any communication regarding the purchase of the product conducted prior to the Sale Agreement is its entire part. The Buyer agrees to the Terms of Delivery valid at the date of the transaction and the English translation of the documents without objection.
The purchase of a product from the Supplier passes no special right on to the Buyer to use the Supplier’s or its contractors‘trademarks, market names or company logos unless otherwise stipulated by a special agreement.
The Buyer shall receive a copy of the Terms and Conditions with an order confirmation electronically.
Lapp Insulators Alumina s.r.o.
- requires full or partial payment for the goods before shipping to the Buyer
- confirms that prices include all fees required by Czech laws excluding shipping costs and customs duties or other fees valid in the country of delivery
- agrees that the Buyer is entitled to terminate the Agreement (unless mentioned below) within a period of fifteen days from the date of:
a) receipt of the goods on the basis of a onetime sale agreement
b) receipt of the final shipment for several types of goods or separate deliveries, or
c) receipt of the first shipment for regular, recurrent supply of goods
The Buyer shall send a letter of termination to the Supplier’s address and bear the costs of returning the goods. The Buyer shall pay a part of the Purchase price for services/components already provided under the Agreement.
- The Buyer enters into the Sale Agreement through the Supplier’s website by placing goods or services into a cart. The purchasing procedure takes shorter to registered users. The Buyer can contact the Supplier via telephone/email if required when making an order on-line, by fax or email. Before confirmation of his order the Buyer can change the method of payment, as well as the goods and shipment, and therefore shall check all his data entered. The Agreement becomes valid upon placing an order by the Buyer and accepting it by the Supplier when a method of payment and shipment has been selected. The Supplier shall not be responsible for any disruption within data transmission. Upon accepting the Agreement the Supplier shall confirm the order by email to the Buyer.
- An actual draft of the Terms and Conditions is part of the Agreement. Any change in the Agreement or the price is subject to mutual agreement of both parties. See section „Ordering“ for other cases.
- All disputes linked with the relationship given by the Agreement shall be resolved exclusively under Czech laws and will be submitted to a competent court of justice.
- The Agreement is concluded in the English language. If any provision of the Agreement is subject to a dispute the English translation shall have priority.
- The Supplier undertakes to deliver the goods to the Buyer and the Buyer undertakes to take over the goods and pay a purchase price to the Supplier.
- The goods shall stay in ownership pf the Supplier until the purchase price is settled by the Buyer.
- The carrier takes responsibility over from the Supplier in transit and the Buyer can apply his rights if there is a dispute with the carrier. The Supplier passes the ownership to the Buyer upon his receipt of the goods.
- If the Supplier ships a higher quantity of goods than agreed, the Sale Agreement will be closed for such quantity unless refused by the Buyer without undue delay.
- The Supplier shall supply the agreed upon quantity, quality and design.
- Unless special packaging is required by the Buyer the packaging provided by the Supplier shall ensure that the products are delivered intact.
- The goods are considered defective if they do not meet the agreed specifications.
- The Buyer shall inform the Supplier of any defect without delay.
- By receiving and taking over the goods the risk of damage passes on to the Buyer.
- No damage to the goods after transfer of the risk affects the Buyer’s obligation to pay the purchase price, unless the Supplier has caused the damage by breaching his duties.
- The Supplier shall guarantee to the Buyer that:
a) the goods have no defects at the time of receipt
b) the goods shall meet specifications/properties mutually agreed upon and if such specifications are not available the goods shall meet specifications/properties presented by the Supplier or expected by the Buyer in accordance with the nature of the goods or properties presented
c) the goods are suitable for the purpose presented by Supplier or standard purposes
d) the quantity, size, weight, design shall be correct
e) the goods comply with requirements of legislation
- In case of a defect occurring within six months of receipt the goods are considered to have been defective at the time of receipt.
- The warranty is twenty-four months from the date of receipt with the following exceptions:
a) The goods have been sold at a reduced price for a defect defined as reason for price reduction.
b) wear and tear caused by normal use
c) if defect occurs due to the nature of the goods
- In case of a defect the Buyer has the right:
a) to require a replacement of defect goods by goods without defect
b) to require a substitute for parts missing in delivery
c) to withdraw from the Agreement if a replacement or substitution for a missing part in delivery is impossible
d) to require a rework/repair
e) to ask a reasonable discount from the purchase price
f) to withdraw from the Agreement
- The Buyer shall inform the Supplier of a defect without delay and choose an option proposed. If the Supplier is unable to resolve such defects within a reasonable period of time or informs the Buyer that the defects cannot be resolved the Buyer is entitled to request a reasonable discount from the purchase price or withdraw from the Agreement. If the Buyer fails to choose the option in due time the defect shall be considered to be a minor breach of contract - see below.
- The Buyer can request a reasonable discount if the Supplier is unable to replace or fix the goods by items without defect or if the Supplier fails to fix the defect within a reasonable period of time, or if the repair has caused substantial damage to the Buyer.
- A defect that causes a minor/not substantial damage considered to be a minor breach of the Agreement is subject to replacement or a reasonable discount from the purchase price.
- Until the Buyer exercises his right for a discount or termination of the Agreement the Supplier may replace the defect items or deliver the substitute parts or stop a legal effect.
- If the Supplier fails to replace the defect item in time or refuses to deal with it, the Buyer may request a discount from the purchase price or terminate the Agreement. The Buyer shall have the selected option acknowledged by the Supplier.
- The Buyer can ask for replacement of a defect component if the component is detachable. If the replacement component continues to give a problem the Buyer may demand replacement of the whole product or has the right to terminate the Agreement.
- Upon delivery of replacement goods the Buyer shall return the originally delivered goods to the Supplier at his expense.
- If the Buyer fails to inform the Supplier of the defect and the Supplier fails to fix the problem or give it a sufficient care due to such delay, the Buyer shall not exercise his right arising from the Agreement. The same procedure applies to a hidden defect, unless the defect has been identified within two years from the supply.
- The warranty covers quality, service life and properties of the product.
- The warranty period starts upon receipt of the product by the Buyer. If the product requires commissioning the warranty period shall start on the date the product has been put into operation. The commissioning period shall be defined prior to shipment and shall not be longer than 3 weeks. In other cases the Buyer shall get in touch with the Supplier.
- The Buyer cannot exercise his right arising from the warranty clause if the defect has been caused by an event happening externally after the transfer of the risk to the Buyer.
- The Buyer shall not terminate the Agreement if he is not able to return the items in the state equal to that when the goods have been received. This does not apply:
a) if such change is a result of an inspection for defects
b) if the goods have been in use before defect
c) if the goods cannot be returned in the original state
d) if the goods have been sold/consumed or altered by normal use
- If the defect is not reported in due time the Buyer shall no terminate the Agreement.
Security and Protection of Information
- The Supplier declares that all personal information is confidential, shall be used only for the purposes of the Agreement and promotion, shall not be otherwise made public, disclosed to any third person etc. with an exception related to distribution or payment for ordered goods (name and delivery address). The Supplier shall ensure that data shall suffer no infringement of rights, especially human rights, and also shall ensure protection against unauthorized intervention into private and personal life of subjects. Personal information provided voluntarily by the Buyer to the Supplier for the purposes of ordering and promotion is collected, processed and stored in accordance with the valid laws of the Czech Republic, in particular with the Act No.: 101/2000 Coll., on the protection of personal data, as amended. The Buyer agrees that the Supplier may collect and process his personal data for the purpose of Sale Agreements and promotion (communication, telemarketing, SMS). If not a letter shall be sent to LAPP Insulators Alumina s.r.o., ID 24244091, Kladská 916, 500 03 Hradec Králové, Czech Republic. A written statement can also be submitted electronically.
- All actual prices are quoted in EUR.
- The prices include/exclude VAT plus other taxes and fees excluding freight costs, postage or special legal charges under the laws of the country of delivery.
- Orders to be placed through the Supplier’s online stores: 24 hours/7 days.
- The Buyer will receive the goods at a price valid at the time of ordering. The price will show on the order as well as the order confirmation.
- Orders to be placed as follows:
a) by eshop: www.vacuumtechnology.cz
b) by email at firstname.lastname@example.org
- The Supplier recommends orders are placed through e-shop via Buyer's profile registered at www.vacuumtechnology.cz.
Prepayment by bank transfer against prepayment invoice. The goods shall remain property of the Supplier until completion of full payment and receipt of the goods by the Buyer. The risk for damage to the goods passes to the Buyer upon receipt.
- Delivery terms and lead time may vary according to shipment requirements.
- The Buyer shall refuse the goods if they do not meet the specifications of the Sale Agreement (incomplete delivery or damage). If the Buyer accepts the goods with damage from the carrier such damage shall be referred to on shipping documents.
- Incomplete delivery or damaged goods shall be reported by email and a damage report processed with the carrier and sent by fax, email, or post to the Supplier without undue delay. An additional claim for incompleteness or external damage shall not affect the Buyer‘s right to complain but shall give an opportunity to the Supplier to whether there is or is not a conflict with the provisions of the Sale Agreement.
The General Terms and Conditions come into effect on 1st July 2014, and are available on www.vacuumtechnology.cz.