Business terms and conditions

"Business conditions are the basic document describing the business relationship between TRUMF International and its customers and, at the same time, explaining the purchase and complaint processes."

1. Introduction

1. These General Business Conditions (hereinafter referred to as the "GBC") of the company TRUMF International s.r.o., with the registered office at Cejl 504/38, Zábrdovice, Brno, postcode 602 00, Identification No.: 25353284 (hereinafter referred to as the "Seller") shall regulate, in accordance with the provision of section 1752 et seq. of the Act No. 89/2012 Coll., the Civic Code (hereinafter referred to as the "Civic Code"), the mutual rights and duties of the Contracting Parties in concluding contracts between the Seller and another natural or legal person as the buyer (hereinafter referred to as the "Buyer" and the "Contract").
2. Any different arrangements in each particular Contract shall take precedence over the provisions of the GBC.
3. The Contract as well as any rights and duties arising based on these GBS shall be governed by the Czech law.

2. Conclusion and Content of the Contract

1. The Contract shall be established based on the individual particular purchase orders of the Buyer. The purchase order must include the Buyer's identification details, the type of delivered goods, their quantity, price, and delivery date. When creating its purchase order, the Buyer shall undertake to respect the minimal delivery period of 7 working days.
2. Purchase orders can be delivered to the Seller in writing, via fax or e-mail. If the Buyer orders goods by phone, it shall undertake to deliver the written purchase order to the Seller immediately via fax or e-mail. If the aforementioned is not met, the Seller shall not be obliged to give out the ordered goods.
3. The Seller shall undertake to comment on the purchase order within the time-limit of 1 working day.

3. Payment of the Purchase Price

1. The price specified in the confirmed Purchase Order shall be considered to be the price of goods. All prices of goods shall apply with the place of take-over in the Seller's business premises, i.e. the company TRUMF International s.r.o., Dolní Újezd 157, 751 23 Dolní Újezd. This shall not apply to goods sold via the e-shop. In this case, goods are delivered to the address specified in the purchase order. When selling via the e-shop, postage shall be charged according to the business conditions published at the e-shop website.

4. Payment of purchase price

1. The payment for goods shall be made by the Buyer to the invoicing place specified in the respective tax document that is signed by the responsible employee of the company TRUMF International s.r.o. and that specifies the bank company and the account number.
2. The Buyer shall bear responsibility in the event of payment to an incorrect account.

5. Force Majeure

1. In the event of an extraordinary, unforeseeable, unavoidable and accidental event (force majeure) causing a delay with the delivery of goods, the Seller shall not be liable for damages caused due to such delay, as it is a circumstance on principle excluding any liability.

6. Transfer of Risks

1. All risks shall be transferred to the Buyer at the moment of take-over of goods.
2. If the Buyer does not take over goods on the agreed date, risks of damaging the subject-matter of the purchase contract shall be transferred to the Buyer at the moment of elapsing of the time-limit for take-over of goods.
3. The Seller shall be liable for transport risks only if the Seller ensures it with its means or if the Seller has arranged transport itself.
4. Goods shall become the property of the Buyer only after they are paid. The payment shall be understood crediting the amount corresponding to the purchase price to the Seller's respective bank account.

7. Other Rights and Duties of the Contracting Parties

1. The Buyer is aware of the fact that as part of performance of the individual partial contracts concluded in accordance with these GBC it can receive information from the Seller that is considered to be confidential and to be the Seller's trade secret.
2. The Buyer shall undertake to keep confidentiality regarding confidential information, and further it undertakes to ensure keeping confidentiality regarding confidential information also by its workers, employees, authorized representatives, statutory bodies, members of statutory bodies, members of the supervisory board, partners and other persons who will have access to confidential information.
   
3. The Buyer shall not use confidential information without the Seller's written consent for itself or any third parties if it would be at variance with the Seller's interests.

8. Seller's Liability for Defects of Products, Complaints

1. The Seller shall deliver the subject of purchase to the Buyer in the agreed quantity, quality and design. If the quality and design are not agreed upon, the Seller fulfils in the usual quality and design. If the performance does not correspond to the previous paragraph, the Buyer shall be authorized to file complaints from defective performance of the Seller within the time-limit without undue delay. Defects must be applied by the Buyer in writing and it must be unambiguously apparent from the content of filing in what the Buyer sees the defect of performance. The rights and duties of the Contracting Parties regarding the Seller's liability for defects of products shall be governed by the Complaint Regulations of the company TRUMF International s.r.o. attached to the GBC.
2. For filing a complaint, the Buyer shall use the form of the Complaint Protocol attached to the Complaint Regulations.
3. The Seller shall handle a complaint within the time-limit of 30 days from the day of delivery of the form of the Complaint Protocol to the Seller. When filing a complaint, the Buyer shall be obliged to provide the Seller with all reasonably required cooperation. Any other details regarding the scope, conditions and method of applying liability for defects shall be specified in the Complaint Regulations. The Buyer shall acknowledge that the Seller shall not bear any liability for defects originating after take-over of goods by the Buyer or if goods were used for any purposes other than for specified purposes.
   
4. The Buyer shall not have the right, without the Seller's consent, to set off the Seller's receivables against any of its receivables due from the Seller.

9. Sanctions

1. If the Buyer is delayed with making any payment to the Seller, the Seller is allowed to interrupt delivery of ordered products and is allowed to withdraw from all Contracts concluded and not fulfilled at that moment.
2. If the Buyer is delayed with making any monetary payment, the Seller shall be authorized, in addition to the statutory default interest, to request the payment of the contractual penalty of 5% of the outstanding amount, however, minimally CZK 1,000.-.

10. Final Provisions

1. The wording of these GBC may be amended or completed by the Seller. With this provision, such rights and duties shall not be affected that originated during the effective period of the previous wording of the GBC. The new wording of the GBC is made available at the Seller's websites www.trumf.cz.