General terms of business
1. Introductory provisions
1.1 In the Contract and these general terms and conditions, the term:
a) “Seller” means the business company CORTEC s.r.o., with its registered office at Magnezitárska č. 2 / A, 040 13 Košice, IČO: 45 584 168, a company registered in the Commercial Register of the District Court of Košice I., Section Sro., In insert no. 25890 / V, or the legal successor of this company;
b) “Buyer” means the natural or legal person specified in the Contract, or his / her legal successor;
c) “Acquirer” means a natural person acting in the name and / or acting on behalf of the Buyer, who is deemed to have all the ability to act in the name and on behalf of the Buyer;
(d) “Contract” means an agreement / contract concluded between the parties in any form (eg order and acceptance of an order or in the form of a separate contract or actual delivery of goods under order) and the object of which is the sale and purchase of goods specified in the offer and / or the order and / or delivery note;
e) “GTC” means these general terms and conditions issued in accordance with the provisions of § 273 of Act no. 513/1991 Coll. Of the Commercial Code as amended;
1.2 These GTC shall be used in accordance with para. § 273 of Act no. 513/1991 Coll. Commercial Code, as amended, on legal relations arising from the sale of goods and supplies of services by the Seller;
1.3 These GTC are an inseparable part of the Contract and apply in full, unless otherwise agreed in writing with the Buyer.
1.4 Any general delivery conditions or otherwise marked general business conditions of the Buyer do not apply to contractual relations established by the Contract in accordance with these GTC, even if the Seller has not entered a reservation or otherwise contradicted such general business conditions. Any acceptance or other expression of will in relation to the general terms and conditions of the Buyer by the Seller shall be deemed not to have taken place.
2. Subject of performance – order of goods
2.1 Any offers (price offer) made by the Seller are considered non-binding, unless they are explicitly marked as binding.
2.2 The Seller shall deliver the goods to the Buyer in the specification of types, quantities and versions and within the terms specified in the Contract and shall transfer the ownership right to these goods to the Buyer. By selling the goods, the Seller does not undertake to install, assemble or provide other similar services, unless otherwise agreed in the contract. If the delivery of goods includes its installation, assembly or provision of other services, it is considered that two separable contracts are concluded, where in relation to the delivery of goods it is a purchase contract and in relation to the rest of the performance is work contract. The above also applies to all contracts concluded between the contracting parties, the subject of which is the delivery of a work or designated as a contract for work.
2.3 All orders for goods by the Buyer must be in writing and must be delivered to the Seller. A signed order by the Buyer or the Accepting Person and sent by e-mail, resp. by post to the address of the Seller.
2.4 The Buyer’s order must contain basic identification data (including ID number, VAT number, VAT registration information), contact details of the Buyer, person authorized to act on behalf of the Buyer, unambiguous identification of the goods, its quantity and possibly place and date of delivery, otherwise the Seller is not responsible for damages and delays caused by incorrect identification of the goods and delivery conditions. Special requirements of the Buyer (eg: concerning packaging, documents, etc.) must be specifically stated in the order, otherwise they do not become part of the Contract. The Seller is not obliged to accept additional clarifications of the order caused by incorrect instructions or information of the Buyer until
until all the consequences of additional clarification in the matter of price, delivery date and caused damages have been settled, while for this period the Seller is not in delay with its own performance.
3. Purchase price
3.1 The Buyer is obliged to pay the Seller the purchase price properly and on time according to the Contract, or according to the issued invoice. The purchase price is payable on the day stated in the invoice issued by the Seller.
3.2 Unless otherwise stipulated in the Contract, the purchase price of the goods is agreed without VAT, net and without transport and installation.
3.3 The Buyer is obliged to pay the purchase price for the delivered goods by non-cash transfer to the Seller’s account specified in the invoice or in cash upon receipt of the goods, unless the cash payment is in conflict with the Act on Restrictions on Cash Payments.
3.4 The Seller is entitled to demand from the Buyer an advance payment of up to 100% of the total amount of the ordered goods or services, including VAT.
3.5 In the event of a delay in payment of the purchase price or part thereof, the Buyer loses the right to any discounts provided by the Seller and at the same time the Seller is entitled to suspend further deliveries until full payment of all due obligations of the Buyer. commitment.
3.6 By concluding the Contract, the contracting parties have agreed