PAYMENT AND DELIVERY TERMS

I.

Subject of the contract and the purchase price

1. The Seller undertakes to deliver …………………(hereinafter referred to as the “Goods”) to the Buyer and allow him to acquire the right of ownership in the Goods.

2. The Buyer undertakes to take over the Goods from the Buyer and pay the Seller the purchase price for the Goods.

II.

Delivery terms and a transfer of a risk and of an ownership title

 1. Goods are to be delivered to the Buyer at his registered address or any other place selected by him to the Seller.

2. Means of transport of the Goods is executed by the Seller. It is within Seller’ sole discretion to choose appropriate means of transport to the Buyer unless the Buyer expressly choses certain method of transport. A risk of damage and ownership title passes from the Seller to the Buyer at the moment of receipt of Goods by the Buyer.

3. Transport costs are included in the purchase price unless the Buyer chooses appropriate means of transport on his own. In such case, The Seller undertakes to estimate the chosen transport costs and the Buyer undertakes to pay such transport costs in 7 days after Buyer’s written approval with the costs. The Goods will not be handed over to the Carrier until the transport costs will not be settled to the Seller’s bank account stated hereinabove in a heading of this contract.

 4. The Goods will be handed over to the carrier for delivery in 7 days after the part of the Purchase price as specified in art. III hereto has been paid.

 5. The Buyer is responsible to the Seller for every damage arising out of a breach of its duty to take a delivery of Goods without any reasonable delay.

III.

Purchase price, payment terms

1. The purchase price for the Goods amounts to ………………. CZK ( in words ………. Czech crowns) (hereinafter referred to as the “Purchase price“) excluding VAT. VAT will be added to the Purchase price

2. The Buyer undertakes to pay the Purchase price in the following manner:
whole Purchase price will be paid in 5 days after entering into this contract.

3. The Buyer undertakes to settle the Purchase price by a bank transfer to the Seller’s bank account stated hereinabove in a heading of this contract.

4. The Seller undertakes to issue an invoice for the delivered Goods with all statutory requirements and to send such invoice together with the Goods to the Buyer. The Seller also undertakes to send the invoice to the Buyer via email.

IV.

Liability for defects

1. The Seller warrants that a quantity, quality, and design of the Goods at the time of a delivery are appropriate for the usual purpose of the Goods. Buyer is obliged to inspect delivered Goods without any reasonable delay after their receipt.

2. The Seller is liable for all legal defects of the Goods.

3. All claims for defects of the Goods must be lodged by the Buyer in a written or electronic form in a period of 5 days after the receipt of the Goods.

4. Seller grants a warranty for the delivered Goods for a total period of 24 months.

5. Seller is liable for all defects of the Goods at the time of a delivery and for all later defects arising out of a breach of its duties.

6. The seller is not liable for defects caused by handling with the Goods contrary to the user’s manual.

V.

Final provisions

1. This contract contains a full agreement on the subject of the contract and on all essentials that Parties wished to agree upon and that they deem to be important for a binding force of this contract.

2. The Parties declare to have exchanged all facts and legal circumstances that they are aware of or that they should have been aware of and that are relevant as to a conclusion of this contract and they further affirm their authority, their true will and interest in entering into this contract of both Parties. 
3. The Parties exclude an applicability of a provision of §1740 clause 3 of Civil Code.

4. Each Party declares and affirms by its signature that it had a chance to get acquainted with the text and the content of this contract well; that it understands its content and that wishes to be bound by this contract with a full conscience of all consequences arising out of its signature.

5. This contract and mutual rights and obligations of the Parties arising out of this contract, including rights and obligations arising out of a breach of this contract are governed by the laws of the Czech Republic, especially by the Civil Code. The contracting parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Good (CISG) to rights and obligations arising out of this contract.

6. Should the Buyer meets the definition of a consumer, as stated in S 2 ss. 1 par. a) of the Act. No. 634/1992 Coll., Consumer Protection Act, as amended, the Seller informs the Buyer that the subject of out of court resolution of consumer disputes is the Czech Trade Inspection Authority. The internet address of the subject is coi.cz .

7. The Parties declare that this contract displays their true and free will and it has not been entered into under duress. The Parties further declare, each independently, that they are authorized to enter into and to fulfill this contract.

8. Should any provision of this contract be held invalid, ineffective or unenforceable as whole or in part by a respective authority, it shall be deemed fully separated from other provisions of the contract and it shall not affect validity and an enforceability of other obligations arising out of this contract. The Parties agree that the invalid or unenforceable part or provision will be replaced via amendment or in any other manner and without undue delay by a provision which achieves, to the greatest extent possible, the original purpose of the part or provision in a valid and enforceable manner.

9. The signatories of this contract warrant to have a full authority to sign on behalf of contractual parties.

10. All mutual communication of the Parties shall be made at the addresses set out in the recitals hereof, eventually at e-mail addresses given to each other by the Parties. In case of a change of address a Party in question shall notify the other Party of this change in writing or via e-mail and without undue delay.

11. This contract is executed in 2 counterparts having the equal force; one counterpart is to be held by the Seller and one by the Buyer. This contract becomes valid and effective on the day of its signing by both contractual parties.

12. All changes and amendments of this contract must be executed in a written form under a sanction of their invalidity.

13. The Parties have decided to resolve all their disputes or claims arising out of this contract or in relation with this contract that cannot be resolved in an amicable manner, in a civil proceeding held by a court. The Parties have agreed to submit themselves with respect to disputes or claims arising out of this contract to a jurisdiction of a competent court in Ostrava, the Czech Republic.