Business terms and conditions of ARKYS s.r.o. Brno

Article I

Orders and individual purchase agreements

I.1 Goods will be delivered on the basis of an order placed by email. The order must at the very least specify the goods, the required amount, the unit of measurement, the place of delivery and the required delivery date.

I.2 Goods must be ordered in complete packages. The information on the packaging is stated in the price list or in the catalogue of goods. Any orders with goods ordered in an amount that does not correspond to the full packaging will automatically be rounded up to the nearest full packaging unit. This will not apply if the goods are to be delivered directly to the construction site of the Purchaser's customer on the basis of a written request from the Purchaser. In such a case, the goods will be supplied in the precise number stated in the order.

I.3 The Seller will confirm the order by email within 24 hours of its receipt. The order confirmation will always include the unit purchase price for the goods excluding VAT according to the current price list, the total price for the order excluding and including VAT, and the expected delivery date and method of delivery.

I.4 If the Purchaser requires the goods to be delivered on the same day as the order was sent, the order must be delivered to the Seller by 11 am at the latest and the confirmation to the Purchaser sent by 12 pm at the latest.

I.5 The purchase agreement with regard to the specific goods will be concluded when the Seller sends the confirmation of the order to the Purchaser.

Article II

Delivering goods

II.1 1 Goods will be delivered to the Seller's warehouse, unless the concluded purchase agreement states otherwise. The Seller will call upon the Purchaser to collect the goods at least 2 days in advance and will do so by fax or by email (with the exception of those cases where the Purchaser has requested delivery within a deadline that amounts to less than 3 days from the day the order was placed).

II.2 The Purchaser will pay for any transport, unless stated otherwise in the agreement.

II.3 The Seller will provide the Seller with all the documents authorising the handling of the goods.

II.4 An authorised individual, who must write their name and surname and possibly also their position in block capitals, will take delivery of the goods on behalf of the Purchaser. If the Purchaser fails to take delivery of the goods within the deadline designated for their collection, the Seller's obligations will be considered to have been duly met upon expiry of said deadline. Any default in the collection of the goods that lasts in excess of 30 days will be considered as constituting a gross breach of the purchase agreement on the part of the Purchaser and the Seller will then be authorised to require the Purchaser to pay a fixed amount of 0.1% of the price for the goods for every calendar day in return for storing them.

II.5 If an agreement is reached as to the fact that the goods will be collected at a place outside the Seller's warehouse and the Purchaser subsequently fails to take delivery of them, the Purchaser will be obliged to pay any additional costs associated with the transportation of the goods to and from the collection point.

II.6 If the Purchaser fails to take delivery of the goods in excess of 30 days from the date it was called upon to do so, the Seller will be authorised to cancel the order and release the goods for delivery to other customers. At the same time, the Seller will also be authorised to require the Purchaser to pay a contractual penalty in the amount of 10% of the purchase price for the ordered goods.

II.7 The occurrence of any unforeseen circumstances will authorise the Seller to postpone the delivery time for the duration of the given impediment. Unforeseen circumstances are considered to mean events which cannot be prevented through the exertion of commensurate caution, especially cases such as war, currency, economic or similar measures, civil unrest, natural disasters, fires, strikes, mass redundancies, material shortages not caused by the Seller, transport disruptions, the disruption of operations and any other intervention due to a force majeure that has endangered, significantly hindered or precluded the fulfilment of the purchase agreement. The Seller will be authorised to withdraw from the purchase agreement without any compensation for damages in any such cases.

II.8 The Purchaser’s authorised individual must note any reservations with regard to the supplied goods in the bill of delivery and must do so without delay. Otherwise, the Seller reserves the right not to acknowledge any such reservations.

II.9 The Seller must be informed of any differences between the amount of the goods stated in the bill of delivery and the amount actually received without delay, and this must subsequently be confirmed in writing by the Purchaser within 24 hours of delivery of the goods. The Seller undertakes to rectify any errors in the amount of supplied goods within the shortest possible period and to do so at its own expense.

II.10 The Purchaser must inform the Seller of any errors in the order without delay and then confirm them in writing within 24 hours of delivery of the goods. The Purchaser will bear any costs for the return of the goods in this case.

Article III

Transfer of risk/reservation of ownership rights

III.1 The risk of the occurrence of any damage to the goods will pass to the Purchaser upon taking delivery of the goods or as of the day of refusal to take delivery of the goods without the provision of any grounds for doing so, if the Purchaser remains passive after expiry of the deadline stated in the call to collect the goods. If the parties have agreed that the goods are to be sent to the Purchaser, the risk will pass to the Purchaser as of the transfer of the goods to the carrier. In any case, the risk will always have passed to the Purchaser once it starts using the goods.

III.2 The ownership rights to the received goods will pass to the Purchaser as of the moment the full purchase price is paid.

Article IV

Returning goods

IV.1 The Purchaser is only authorised to request permission from the Seller to return any supplied goods in exceptional cases.

IV.2 The Purchaser must send the justification for any such request to the Seller for approval. Only those goods that are in their original unopened packaging will be accepted back.

IV.3 The Seller is not obliged to take goods back, especially if this involves low turnover goods (for example, atypical goods, non-standard dimensions and so on)

IV.4 If the Seller agrees to take the goods back from the Purchaser, the Purchaser's financial penalty will be set at:

• 20% of the price of the goods in the case of goods that the Seller has in its regular inventory
• up to 40% of the price of the goods in the case of any atypical goods or goods that need to be refinished due to damage or on aesthetic grounds.

IV.5 The Purchaser will cover the transport costs for the return of the goods to the Seller.

Article V

Warranty/complaints procedure

V.1 The Seller’s goods are subject to a warranty

V.2 The Seller will not be liable for any defects that have been caused or jointly caused by the Purchaser’s actions, conduct or omissions.

V.3 The Seller will furthermore not be liable for any defects that may occur as a consequence of any failure to adhere to the technical conditions for storing the goods or the assembly conditions and the operating conditions for the use of the goods.

V.4 The Seller will also not be liable for any faults for which the Purchaser has already received an additional discount on the price of the goods.

V.5 The extended warranty only applies to the installation of the goods in the appropriate environments according to the information stated in the Seller’s product catalogue or its updated version at www.arkys.cz.

V.6 The warranty does not apply to any regular wear or tear of items caused by normal use.

V.7 The Purchaser must claim any faults from the Seller as soon as it discovers or could have discovered them, but in any case, prior to the expiry of the warranty period.

V.8 Claims must be submitted in writing, unless stated otherwise in a specific case in this complaint’s procedure.

A claim must contain especially the following:

• The designation of the entity filing the claim,
• The purchase documents (or the invoice),
• A description of the fault - the date of discovery of the fault, the type of product, the batch number, a description of the ascertained fault, the environment in which the goods have been used and the address of the site where the goods have been used,
• Photographic documentation of the fault,
• A proposed solution to the claim,
• Contact information: contact person, telephone, mobile phone, email,
• The date and signature.

V.9 Any claimed goods must be stored separately (provided they have not yet been installed) and any handling of these goods that could hinder or preclude verification of the claimed faults is inadmissible without the prior consent of the Seller. A breach of this obligation will result in the lapse of any rights based on the liability for faults.

V.10 If it is considered expedient to analyse any defective goods at the site where they have been installed, the Purchaser will be obliged to provide the Seller's responsible employee with as many details as possible concerning the installation of the claimed goods. If it is necessary for the Seller's responsible employee or an individual who is authorised to perform such measurements by law and has been appointed by the Seller to carry out appropriate measurements in order to definitively ascertain the justification of the claim, the Purchaser will be called upon to enable access to the site where the claimed goods have been installed. A breach of this obligation will result in the lapse of any rights based on the liability for faults.

V.11 If the Seller acknowledges the claim, it will refund the purchase price paid for the goods to the Purchaser. A letter of credit will also be issued at the same time and the Purchaser will receive a copy of the letter of credit by fax or email and the original by post.