The Business Terms and Conditions “LC_POD_2020” of LIFT COMPONENTS s.r.o.
1. Basic Provisions
1.1. These Business Terms and Conditions regulate the relationship between the Contracting Parties to a sales contract, where LIFT COMPONENTS s.r.o. acts as the seller (hereinafter “the Seller” or “LC”), and the other party acts as the buyer (hereinafter “the Buyer”).
2.1. The Contract has been made by signing a sales contract drawn up by LC and delivered to the Buyer for signing. The Buyer shall sign the contract within 5 days.
2.2. The Sales Contract has either a printed or electronic form (PDF format).
2.3. The Buyer signs the Contract and sends its copy to the address of the LC company or to its e-mail address.
2.4. In order for the Contract in the electronic form (PDF format) to be valid, the Contract must be printed out, signed, and the signed copy must be scanned and sent back to the Seller´s address, or signed electronically and sent back.
2.5. If the Sales Contract signed by the Buyer is sent to LC after more than five days after its delivery to the Buyer, LC may extend the date of delivery of the goods according to the production capacity and supplies of components, withdraw from the Contract, or suggest an alternative date of delivery.
3. Subject-matter of Purchase
3.1. The subject-matter of the purchase is always specified in the Sales Contract, including the price. For complete sets (a complete set refers to the supply of a set of components constituting a lift or platform, including the Documents based on applicable legislation), or larger wholes, a total price is stated; for components, individual prices are itemised.
3.2. LC reserves the possessory title to delivered goods, so the Buyer becomes the owner only upon full payment of the purchase price. This rule shall apply by analogy also to the purchase of a licence or service.
3.3. In case of complete sets, LC reserves the right to a change or substitution of components specified in the Sales Contract, which do not have a material impact on the function, quality, price and design.
3.4. If a bonus or present is given along with the goods, they shall not be subject to warranty. In case of defective performance, the Buyer may only ask for replacement within 14 days after the date of acceptance (shipment) of the goods.
4. Delivery Terms, Time of Performance
4.1. A date of delivery refers to the day, when the subject-matter of the Contract is ready to be delivered to the Buyer or handed over to a carrier in the place of the Seller´s registered office.
4.2. The date of delivery stated by the Seller in the Sales Contract does not include the time of transport of the goods to the Buyer.
4.3. If the Buyer is in default of the payment of obligations resulting from the previous business relations, the Seller is not obliged to meet the obligations resulting from other mutual business relations.
4.4. The risk of damage to the goods shall pass onto the Buyer upon acceptance. On the basis of Incoterms 2020, the delivery terms are either in the EXW parity (which means the cost and risks connected with the supply of the goods shall pass onto the Buyer on the Seller´s premises), or in the CPT parity (which means the transportation is paid to the place of destination – i.e. the Seller will hire one of the carriers such as the Czech Post, TNT etc.). In this case, the Seller´s premises refer to the registered office of the company located at Na Novém Poli 383/3, Karviná – Staré město, 733 01. Particular delivery terms shall be specified in the Sales Contract.
4.5. At the takeover of the goods from a carrier, the Buyer is obliged to check the integrity of the packaging of the goods, and to report any defects to the carrier immediately, take photos and record the defects in the carrier´s claim report. If any damage of the packaging indicating the unauthorised breaking into the consignment has been detected the Buyer may refuse to accept the consignment from the carrier.
4.6. If the Buyer fails to take over the ordered goods within 30 days after the date of delivery, the Seller is entitled to charge a fee for storage (“storage fee”) amounting to 0.025% of the purchase price for each commenced day of storing the goods in the Seller´s warehouse. In that case, the Buyer agrees to the issuance of an invoice for the storage fee.
5. Payment Terms and Invoicing
5.1. The cost of the supply of the Goods shall be determined individually for each individual supply and shall be stated in the Sales Contract.
5.2. The Seller is entitled to request a reasonable advance payment. The reasonable advance payment refers to the amount up to 50% of the purchase price, unless otherwise stated in the Contract.
5.3. Unless otherwise stated, the advance shall be due upon the Seller´s written request (advance payment invoice) specified in the Contract.
5.4. In case of the Buyer´s default on the payment of the advance, the Seller is not obliged to perform under the Contract, and the date of delivery and handover of the goods shall be extended reasonably (according to the Seller´s production capacity).
5.5. If the goods from individual Sales Contracts is supplied in parts for reasons not on the part of the Seller (e.g. delay of foreign suppliers and/or force majeure) or upon agreement with the Buyer (e.g. accelerated supply of an individual product), the Seller is entitled to invoice the goods in parts according to the supplied list of goods in the delivery note. In this case, the invoices shall be due as the final invoice.
5.6. If the goods is ready for shipment by the Seller by the date of delivery, but it cannot be supplied due to the Buyer´s failure to meet the payment terms, the Seller is entitled to issue a pro forma invoice for the whole cost of the goods. The final invoice reduced by any advances shall be issued after the payment terms stated in the Sales Contract have been met.
5.7. The date of payment refers to the day of crediting the Seller´s account with the amount. In case of doubts, an invoice shall be deemed delivered on the third working day after its issuance.
6. Warranty Terms
6.1. If any defect in the goods is detected during the warranty period, the Buyer is obliged to inform the Seller about this in writing without undue delay (see Section 7, Warranty Claims), who is then obliged to take remedial measures.
6.2. If the Buyer fails to report a defect without undue delay after he could have detected it after early check and with sufficient care, causing more serious damage to the goods, his right resulting from the defective performance may not be admitted.
6.3. The warranty period shall be:
6.3.1. 36 months after the date of the shipment of a product for complete sets (a complete set refers to the supply of a set of components constituting a lift or platform, including the Documents based on applicable legislation), however, not exceeding 300,000 lift rides, or platforms. This warranty does not apply to batteries.
6.3.2. An authorised maintenance according to applicable legislation and technical conditions for individual products, see the product’s technical documents, is a prerequisite for asserting a warranty claim. The Seller may request a proof of such maintenance (a lift book, check reports, invoices for oil changing, …); another precondition for asserting a warranty claim is the use of the “LC monitoring 365“ service for at least one year after the installation, if this prepaid service is part of a complete set. If those conditions are not met, the warranty period shall be 12 months.
6.3.3. 12 months after the date of delivery for components – in particular, they include individual products, such as machine products, lift frames, lift cages, brackets, balance weights, machine grates, lift doors, lift machines and hydraulic systems, lift switchboards, including converters, and other.
6.3.4. 12 months for all batteries used in LC products.
6.3.5. Defects caused by wear and tear of the goods as a result of its use shall not be deemed defects subject to the warranty (leading shoes, pulleys, belts, ropes, oils, springs, …). The warranty period for these components shall be 12 months.
6.3.6. If the supplied and installed lift equipment is entrusted for maintenance to a company, which does not have the necessary licences and staff trained by Lift Components s.r.o., the warranty period for the supplied goods shall be 12 months.
6.4. The warranty period shall start to expire as of the date of the shipment of the goods, however, not later than 6 months after the date of the delivery of the goods stated in the Sales Contract, even if the customer did not take over the goods and paid for the storage on the Seller’s premises.
6.5. If the Seller fails to remove defects in the goods, or if the defects cannot be removed, the Seller shall supply new performance free from any defects, upon agreement with the Buyer.
6.6. If it has been proved that the purchased goods have been used unprofessionally or by unauthorised persons, the Buyer shall lose his right to assert a warranty claim as of the date of such use.
6.7. The liability for defects inherently does not apply to damage caused by natural disasters or other external influences, such as a lightning stroke or any other atmospheric discharge, fire or water, or the effect of other non-standard phenomena, such as overvoltage in the distribution network, i.e. not by defective performance of the Seller.
6.8. The precondition for asserting a warranty claim is the installation of a lift or component in the environment pursuant to ČSN EN 81-20/50, with the temperature from +5 to +40 °C. The environment – AB5 (temperature from +5 to +40 °C, relative humidity from 5% to 85% – interior premises with the temperature control).
6.9. The exercise of the rights from the liability for defects shall not affect the Buyer’s obligation to pay an invoiced amount duly and in time.
7. Warranty Claims
7.1. The rights and obligations of the Contracting Parties resulting from defective performance shall be governed by applicable generally binding regulations of the Civil Code.
7.2. The Seller shall guarantee to the Buyer that the goods have no defects.
7.3. In order to submit a warranty claim, a “Submit a Warranty Claim Easily” form available at https://www.lift-components.cz must be completed and sent back to the Seller’s address or to the following e-mail address: zasobování@liftcomponents.cz
7.4. At least the following data must be filled in: the heading, name + address of your company; order number + reference; designation of the defective part; description of the problem, probable cause, if it can be guessed; check off the selected “Suggested Settlement of the Claim” option; state your name, telephone + email address of your contact person, who handles the warranty claim, for easy connection with you.
7.5. Defects in the goods shall be removed in the Seller’s registered office, or, upon agreement, based on the type of the defect, in the Buyer’s registered office, or in the place of installation.
7.6. On the basis of the submitted warranty claim, new goods of the original parameters may be sent to the Buyer. The Buyer is obliged to send the original goods to the Seller for examination within 30 days. When sending the goods for examination under warranty, the Buyer is obliged to insert a warranty claim form with the aforesaid data completed into the package.
7.7. After the original goods have been sent to the Seller, the goods shall not be invoiced if the warranty claim was justified; the goods shall be invoiced if the warranty claim was not justified. If the defective goods are not sent to the Seller within 30 days after submitting a warranty claim, the invoice shall be issued for the full price of the goods.
7.8. If the Buyer is in default of the payment of the obligations resulting from previous business relations, the warranty claim shall be settled only by replacement (the new goods shall be sent only after the defective goods have been received and examined).
8. Contractual Penalties and Withdrawal from the Contract
8.1. If the Buyer is in default of the payment of individual invoices, he is obliged to pay a contractual penalty to the Seller amounting to 0.05% of the outstanding amount excl. VAT for each day of such default. The penalty shall be payable within 15 days after the claim has been asserted.
8.2. If the deadline for supplying the goods has not been met, the Seller shall pay to the Buyer a contractual penalty amounting to 0.05% of the cost of the non-supplied goods excl. VAT for each day of such default. The penalty shall be payable within 15 days after the claim has been asserted.
8.3. If the Buyer withdraws from the Contract during its performance, he is obliged to pay a contractual penalty to the Seller amounting to 30% of the agreed cost of the purchased goods within five days after the notice of withdrawal.
8.4. As it is manufacture to order, the Seller is entitled, in case of withdrawal from the Contract, to ask the Buyer to pay the costs provably incurred for the Buyer’s order, or any other damage incurred in a provable amount.
8.5. In case of the Buyer’s default of the payment of the advance by more than 30 days after the due date, the Seller is entitled to withdraw from the Contract. In such a case, the Seller is entitled to request that the Buyer shall cover the costs provably incurred for his order or any other damage incurred in a provable amount.
8.6. If the Buyer fails to collect the goods within 60 days as of the shipment under the Contract, the Seller is entitled to withdraw from the Contract. In such a case, the Buyer is entitled to pay the contractual penalty to the Seller amounting to 30% of the agreed cost of the purchased goods. The penalty shall be payable within 15 days after the claim has been asserted. The Buyer is also entitled to ask the Seller to pay the costs provably incurred for the order, or any other damaged incurred in a provable amount.
9. Final Provisions
9.1. In case of any dispute regarding the interpretation of the provisions of these Business Terms and Conditions or Sales Contracts, the Contracting Parties are obliged to try to reach an amicable settlement. If no amicable solution is found, all disputes arising between the Contracting Parties shall be decided before the Seller´s general court.
9.2. In case of force majeure on the part of the Seller (e.g. legal strike, natural calamity, natural disaster, changes in laws etc.), which hinders the performance of the obligations laid down by the Contract temporarily or permanently, the Seller is obliged to inform the Buyer on such circumstances immediately and submit proofs and/or information that the circumstances have a significant impact on the performance of the contractual obligations. Both parties are then obliged to negotiate an amendment to the Sales Contract.
9.3. Issues not explicitly regulated by the Sales Contract or these Business Terms and Conditions shall be governed by the applicable provisions of the Civil Code, as amended.
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