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General Terms and Conditions

These Terms and Conditions (hereinafter referred to as “OP“) regulate the relations between the parties to a purchase contract/license agreement, where on the one hand the company is PEI / Genesis s.r.o., IČ 25110241, VAT CZ25110241, with registered office at Postoloprtská 2675, Louny, 440 00, registered at the Regional Court in Ústí nad Labem under mark C 50747, as the seller (hereinafter referred to as “PEI/Genesis” or “Seller”)

and on the other side is the buyer (hereinafter referred to as the “Buyer”).

OVERVIEW:

  1. Basic information
  2. Ordering goods
  3. Payment terms
  4. Time and method of delivery
  5. Guarantee of goods
  6. Complaints
  7. Personal data protection

1. Basic information

The information about the goods and the price given by the seller is binding except for obvious errors.

Goods are issued on invoice or proforma invoice, due to previous cooperation with the customer. In the case of a new customer, 2 advance invoices are required, where the goods are manufactured/ or in the case of a finished product, sent to the customer after payment of the invoice.

In the case of orders under 2000 CZK, an administrative fee may be charged.

Confirmation of the content of a contract concluded in a form other than in writing which deviates from the actual agreed content of the contract shall have no legal effect.

PRICES

The buyer is assigned a price category in our system according to the subject of business activity and the volume of orders.

Prices are in CZK without VAT, Ex Works PEI / Genesis Prague or Louny. The price of the goods is governed by the price list in force at the time of sending the order or according to the offer provided to the buyer by the seller. In the case of larger deliveries and projects, it is possible to prepare an individual offer.

For larger projects or purchases, the seller may provide discounts on prices in a given price category. For the calculation of discounts, the price without VAT is decisive.

PEI / Genesis s.r.o. reserves the right to change prices during the validity of the price list – it is updated at least once a year.

2. ORDERING GOODS

2.1. New customer or inactive customer for 3 years:

We send the new customer a “Customer Approval” form, which we request on official letterhead or with the company’s stamp, which we then enter into our system.

A customer who has not ordered from us for more than 3 years is deactivated in our system and is treated as a new customer in the case of an order.

2.2. Written order and its basic requirements:

We accept enquiries and orders in person (in writing in a verifiable manner), by post or by e-mail. The Seller requires that the order is always in writing and contains the following basic information:

for orders by e-mail or post:

  • the word “binding order”
  • name, address and registration number of the buyer
  • order number of the goods, exact name of the goods, quantity requested
  • method of delivery (personal collection, courier service, post)
  • name and signature of the buyer, persons authorized to act for the buyer
  • price of goods

If the order is not confirmed or rejected within one week, please consider it as undelivered and contact us by phone.

2.3. Order cancellation:

In case of cancellation, we require a written cancellation of the order. The Seller may charge the Buyer a cancellation fee of up to 70% of the purchase price excluding VAT in the event that production has already commenced or material has been purchased.

In the event that an order for bespoke products is cancelled in writing after an invoice has been issued to the Buyer, the Seller reserves the right to charge the full price for that product.

2.4. Ordering customized product demand:

For orders of jumper cables with specific configurations, the seller requires the buyer to complete a wiring form. Without a properly completed wiring form and the buyer’s signature, the seller is not responsible for any malfunction of the interconnect cable and the product will be invoiced to the buyer at the total purchase price including the cost of additional repairs.

2.5. Backlog:

Backlog summarizes information about open orders and information about expected delivery dates. The Seller may periodically inform the Buyer of the current status of the uncollected goods.

2.6. Loans:

The seller may provide the goods (or products) to the buyer for an agreed period of time in the form of a loan. To test its features, the loan can be provided free of charge by agreement.

The buyer issues a standard written order requesting the loan. The goods will be delivered to the buyer on the basis of the Loan Agreement.

If the buyer does not decide to purchase the loaned goods (or products), he/she is obliged to return them to the seller’s headquarters no later than on the last day of the loan period. If he fails to do so, the goods or product will automatically be invoiced.

Other rules regarding free and fee-based loans are governed by the General Terms and Conditions of Lending Goods (Loan Regulations), which is an integral part of the Loan Agreement.

2.7. Production from material supplied by the customer

This material is stored in a central locked warehouse.

If this material is stored for more than 30 days, the Seller shall conduct periodic inventories, several times a year or at the request of the Buyer. The seller takes responsibility for the material entrusted to him.

The buyer must take into account the generation of normal waste during production.

3. PAYMENT TERMS

3.1. Maturity:

New customers (buyers who make their first purchase with the seller) will be issued the goods after the bank transfer (in the form of an advance invoice). After the first 2 purchases have been made by prepayment, further payments of the purchase price can be arranged by invoice with a due date of 14 calendar days. The due date shall be the date of crediting the payment of the buyer to the seller’s account.

At the request of the buyer, the seller may extend the due date taking into account the payment morality and the volume of mutual trade. The Seller reserves the right to shorten the due date of invoices for newly received orders. However, the buyer must be informed of this change in writing before accepting the order.

3.2. Default on payment of the purchase price:

In the event that the buyer fails to pay the invoice by the due date, the buyer will be called 3 times by phone or email to pay.

The seller is entitled to penalize the buyer. A penalty invoice will be issued to the Buyer for all of its unpaid invoices that are more than 14 days past due. The buyer is obliged to pay the seller default interest of 0.05% per annum on the amount due from the beginning of the default. The Seller may waive this default interest in justified cases. However, there is no legal entitlement to a waiver.

3.3. Suspension of supplies:

In the event that the Buyer has unpaid invoices more than 60 days past due, the Buyer will not be allowed to purchase the goods or products invoiced. Further invoice collections are only permitted after all overdue invoices have been paid.

The Seller may decide to make further purchases against payment in advance (in the form of a prepayment invoice), taking into account past payment behaviour and the volume of mutual trade. However, priority will be given to the payment of all outstanding overdue invoices.

3.4. Ownership:

The buyer acquires the ownership right to the goods in question only after full payment of the purchase price.

4. TIME AND METHOD OF DELIVERY

4.1.

The Seller’s priority intention is to communicate the delivery date within 48 hours of receipt of the written order. Goods that are in stock are available for immediate collection. The Seller shall inform the Buyer of the delivery time of the goods (or products) that are not in stock. The Seller is obliged to comply with the stipulated delivery period, unless otherwise agreed.

4.2.

The Buyer is obliged to take delivery of the finished goods (or products) without undue delay. The goods can be collected in person at the buyer’s registered office (Prague, Louny) or via carrier. In both cases, the buyer is obliged to check the condition of the delivery and accept the goods by signing the delivery or shipping note.

The goods are delivered by Ex Works PEI / Genesis Praha or Louny, unless otherwise agreed.

4.3.

If the data, functionality or quality of the delivered order does not match the written order or delivery note, we ask the buyer to notify the seller immediately in the form of an RMA document. The RMA Form is available on the website or can be emailed to the buyer.

4.4.

If the buyer does not pick up the goods (or products) within the agreed time or has not specified the method of delivery, the seller will invite the buyer to pick up the order 3 times by e-mail.

5. GOODS WARRANTY

5.1.

The standard B2B warranty on PEI/Genesis goods and products is 12 months. It may be extended by agreement. For other products, the seller undertakes to comply with the warranty periods guaranteed by the manufacturer. PEI/Genesis warrants that its products meet all performance requirements and meet the parameters specified in the measurement protocols, if included.

5.2.

The warranty period is calculated from the date of delivery of the goods.

5.3.

The warranty on the goods is void in the following cases:

  • improper handling, operation or installation,
  • mechanical damage or normal wear and tear,
  • by using the delivered goods in contravention of the enclosed documentation and operating instructions,
  • external influences or damage caused by force majeure (e.g. power surges and natural disasters),
  • by tampering with or altering the goods supplied in contravention of the enclosed documentation and instructions for
  • in other cases according to the Civil Code (Act No. 89/2012 as amended)

5.4.

The Seller shall not be liable for any loss caused to the Buyer in connection with the purchase, transportation, installation or failure of the equipment.

6. COMPLAINTS

Only goods purchased from the seller can be claimed.

6.1. Types of claims:

  • defects in the goods
  • defective deliveries
  • return of goods

6.2. RMA form and request for complaint or return of goods: 6.2.1.

The RMA form is used to identify a return shipment or claim for goods that have been delivered to the buyer.

6.2.2.

The Seller will only accept a claim request in the form of a properly completed RMA form. The form can be found on the website or can be sent to the buyer by e-mail.

6.2.3.

The Seller is obliged to comment on the complaint within 2 working days at the latest and inform the Buyer how the complaint will be treated. The Seller is entitled within 30 days from the date of receipt of the claimed goods including the RMA form to examine the validity of the claim and settle it in one of the ways provided by the Civil Code (Act No. 89/2012 Coll., as amended).

6.2.4.

The Buyer is obliged to deliver the claimed goods to the Seller’s registered office at his own expense. The goods (or products) must be delivered in their original packaging, labelled, including all accessories. In the event that the goods (or products) do not contain the aforementioned elements, including the RMA form, the goods (or products) may be sent back at the buyer’s expense. The seller may overcharge the buyer for the cost of restoring the goods or products to their original condition.

6.2.5.

In case of return of goods or products, the conditions described in Art. 2.3.

6.2.6.

In the event that the claimed goods are not delivered within 7 calendar days from the date of receipt of the RMA, the Seller reserves the right to terminate the claim.

6.2.7.

The Buyer is obliged to unpack the goods immediately after their receipt or delivery, to carry out a proper inspection and to test them with due care. Any defects in the quantity, quality and workmanship of the goods compared to the order or delivery documents must be notified to the Seller immediately, but no later than 5 days from the receipt or delivery of the goods to the Buyer. After this period, the seller is not obliged to accept the claim.

7. DATA PROTECTION

The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (processing of the order, ensuring the removal and delivery of goods) and the possible resolution of rights from defective performance (complaints), the Administrator will process and store, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed – payment data, etc.).

The legal basis for the processing of personal data is in accordance with Article 6 para. 1 lit. b) GDPR performance of a contract to which the buyer is a party.

The Controller undertakes not to disclose the Buyer’s personal data to entities other than the contracted carrier, whereby the data will be provided in the following scope: name, surname, address, e-mail, telephone number

7.1. Storage time

The personal data will be stored by the controller for the period necessary for the performance of the contract (processing of the order, removal and delivery of the goods) and for the period of the statutory warranty (24 months from receipt of the goods) or for the period of the contractual warranty.

The buyer acknowledges that the administrator is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years starting from the end of the accounting period to which they relate (i.e. if you purchase goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under Section 47 of the Tax Administration Act (No.337/1992 Coll.) to keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (i.e. if you purchase goods during 2018, the invoice must be kept for tax proceedings until the end of 2021). The invoice contains the following personal data: name, surname and address.

7.2. FOR VAT PAYERS:

The buyer also acknowledges that the administrator is obliged under Section 35 of the Value Added Tax Act (No. 235/2004 Coll.) to keep tax documents for 10 years from the end of the tax period in which the transaction took place (i.e. if you purchase goods during 2018, the invoice must be kept until the end of 2028). The tax document contains the following personal data: name, surname and address.

7.3. Buyer’s rights in relation to personal data

The Buyer further acknowledges that under Articles 15 to 21 of the GDPR, the Buyer has the right to:

  1. the right of access to personal data, which consists of the right to obtain confirmation from the controller as to whether or not personal data concerning him or her are being processed and, if so, the right to obtain access to those personal data and to the information defined in Article 15 of the GDPR;
  2. to rectify inaccurate personal data concerning him/her, furthermore, taking into account the purposes of the processing, the purchaser has the right to complete incomplete personal data, including by providing an additional declaration pursuant to Article 16 GDPR;
  3. the right to erasure (“right to be forgotten”), which consists in the controller deleting without undue delay the personal data relating to the purchaser as soon as they are no longer necessary for the purposes of the performance of the contract, unless there is another lawful reason for their further processing;
  4. to limit the processing of personal data in the cases defined in Article 18 of the GDPR;
  5. to data portability under the terms of Article 20 of the GDPR;
  6. object to the processing of personal data pursuant to Article 21

Upon request, the administrator shall provide the purchaser with information on the measures taken in any event within one month of receipt of the request.

In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and to file a complaint with it.