Buying Terms of DAE EU Ltd. Company
1.1 Our buying terms are applied exclusively. We do not accept contractor's terms that are different from our buying terms unless we coincide with their text par excellance in written form.
1.2 The order is legally valid for both the sides if it was placed in written form from our company and confirmed in written form by the Contractor. We reserve the right to cancel the order if we do not receive its confirmation during 10 days - counted from the date of the order.
1.3 Changes or additions of our order as well as consequential agreements of any kind require for its validity the written confirmation from the side of buyer.
2.1 The stated prices in our orders are fixed prices without VAT, packing included.
2.2 If prices are not agreed at the time of placing the order, the supplier will send missing data immediately after its approval. The agreement comes into existence only at the time of written confirmation of the price offer from our side.
3.1 The supplier keeps all rules according to the order during delivery. Appropriate changes especially as regards technical models need our written consent before their issue. Weights, sizes and numbers observed by our Input Control of Goods Department are decisive for accounting.
3.2 In the case of breach of our delivery terms, the supplier, without proving the damage in individual cases, pays compensation in the amount 0.5% of agreed price as a flat-rate lost for delay per every full week of delay, however, maximally 5 % of the order value. The supplier has the right to prove us that as the consequence of breach of delivery term the lost was none or markedly lesser. We reserve other legal claims.
3.3 The contractor is responsible to report us without delay if he finds out conditions or if there are conditions that result in impossibility to observe the agreed delivery term or delivery date. If the contractor does not observe this commitment, for every individual case the agreed contractual fine is valid in the amount of 0.5 % of the order value, however, 100 Euro minimally and 5 % of order value maximally.
4.1 Every delivery has to be equipped with a delivery note which contains minimally delivery amount, kind of material and the number of our order. If the packing is not marked specially at the delivery note, it passes over to our possession without accounting.
4.2 At the day of despatch the dispatch note has to be sent to the appropriate company department, at the latest.
5. Taking Delivery
5.1 Strikes, exclusions from work, breakages in despatch, natural disasters and official measures and other operation breakages in our area that lead to limitation or stopping of production or that hinder us from ordered goods dispatch, excuse us from the obligation of taking delivery over for the time and content of their validity, if we are not able to keep off those operating failures or their abandonment is impossible by acceptable instruments. Contractor's demands as regards return service or C.F. (compensation fee) are in such cases out of question. If the dispatch is delayed because of such reasons, the contractor has to store the goods according to rules at his own risk until the time of taking delivery over.
6. Invoicing and Payment
6.1 The payment proceeds according to the agreed schedule of payments, not earlier than 60 days after the delivery receipt.
6.2 In the case of premature taking delivery over, the agreed term is valid as the delivery date.
6.3 The contractor does not have the right to back out receivables vis-a-vis our company or to pass it to the third party without our agreement.
7. Production Means
7.1 If we provide models, specimen, dies, patterns, drawings or similar ("production means") to the contractor or the contractor makes or let somebody else make the production means according to our requirements, we reserve the possessor right. Finishing or customization is made by the contractor for us. If the reserved goods are processed by means of a different subject that we do not own, we obtain co -ownership on the new thing in the ratio of value of our thing to the value of other processed subjects at the time of processing.
7.2 The contractor has the obligation to use those production means exclusively for the production of the goods ordered by us. The production means as well as the subjects that are produced by means of those production means are not allowed to be accessible by the third parties and after finishing of co-operation they must be sent back without special requirement if we did not agree with another form of usage in advance in written form.
7.3 The contractor is obliged to insure the production means that we own on his own expense against damage caused by fire, water and theft. He is obliged to make necessary maintenance and inspection works in time and on his own expenses. He has to report about appropriate failures to us if there is an inexcusable neglecting, the claims for compensations stay unharmed.
8.1 The contractor guarantees that the goods corresponds with our specifications and other data as the standards and other background materials and that the goods is checked by the contractor before dispatch. In every case, the goods must correspond with declared technical rules and with safety regulations that are stated in the standards and other declared technical regulations.
8.2 We are obliged to check the goods during adequate time. Report about failure is well timed if the contractor receives it during 7 working days, counted from the date of receipt or in the case of hidden defects from their detection.
8.3 In emergency or if the contractor does not fulfil his warranty obligations during statutory time limit, we are authorized to change or repair defected parts on the contractor's expenses and let failures and damage fix up by another party or to buy necessary parts on the contractor's expenses.
8.4 If the delivery contains production of cast pieces, the contractor has to check before the form production if the model and drawing are equivalent and also realisability according to casting technology and by that he takes over the warranty. Additional argument of defective construction is out of question.
8.5 In addition to that the contractor takes over providing of warranty for his delivery according to valid legal regulations.
8.6 If the contractor orders partly or fully the production of goods to the third party that causes the damage, the contractor will behave vis-a-vis our company as he caused the damage by himself.
9. Protective right of third parties
9.1 The contractor is obliged that by his delivery and its usage we are not in breach of any patents, or other protective rights of third parties inlands or abroad.
9.2 If the third party imposes claim because of infringement of protective right, the contractor is obliged to release us from those obligations after the first written requirement. The obligation of release is related with all costs that necessary come into existence for us or in relation with the third party claims.
10. Data Security
10.1 The contractor agrees with the fact that we store data related to companies and people within business transactions.
11. Place of Fulfilment- Seat of the Court
11.1 If it was not negotiated the other way, the place of fulfilment is our registered office.
11.2 The seat of the court for all possible disputed cases from our orders is appropriate court for Weingarten Company. However, we are entitled to address also the courts at the place of the registered office of contractor.
11.3 The Law of the Czech Republic is valid exclusively ex buying right UN (CISG).
12. Salvator Clause
12.1. If there are or there will be some clauses of these buying terms invalid, the validity of other terms stays unharmed. If a part of the clause is invalid, the validity of the rest of the clause stays unharmed if it is possible to divide it by content, if it is comprehensible by itself and if it makes comprehensible clause within the whole content of the agreement.