Issued by company Toyota Material Handling CZ s.r.o., company ID: 45308187 (hereinafter „VP“)
Ownership right, a risk of damage
- The buyer declares s/he has examined and tested the subject of purchase, s/he has learned about its technical state, considers it adequate regarding its age, common wear and tear and purchase price; the seller takes no liability for any other prospective defects of the subject of a purchase agreement.
- Transfer of the ownership right to a subject of purchase agreement is done by physically transferring the goods based on a protocol of putting it into operation and a full payment of purchase price including VAT (according to p. 2 of the purchase agreement)
Payment terms and conditions
- Purchase price of the goods is invoiced based on a tax document after delivering goods, payable within 14 days, if not agreed otherwise between the seller and the buyer.
- In case of a delay with payment of a purchase price after a due date of an invoice / invoices, a debtor is obliged to pay a contractual fine of 0,05% from the amount owed for each begun day of delay
- if the buyer is late with payment of the purchase price by more than 30 calendar days, he is obliged to return the goods to the seller and allow him to take the unpaid goods back immediately after the first request. That shall not affect the right of compensation of damage
- Day of payment is considered a day when the purchase price is credited to the account of the seller
- The seller undertakes to deliver the goods within agreed time period, and except for the carriers on stock, delivery time is 8 - 12 weeks. Current delivery date is confirmed at binding order, as a part of a confirmation of order by the seller.
Withdrawing from agreement
- If the buyer withdraws from an order in more than 21 calendar days before agreed delivery date of the goods, he is obliged to pay a contractual fine of 25 per cent of purchase price of the goods to the seller within 14 days from his withdrawal.
- If the buyer withdraws from an order less than 21 calendar days /including/ before agreed delivery date of the goods, he is obliged to pay a contractual fine of 50 per cent of purchase price of the goods to the seller within 14 days from his withdrawal.
- If the buyer refuses to take over the goods despite a written notification of a seller and fulfilling all conditions of a purchase agreement, the buyer is obliged to pay a contractual fine to the seller in the amount of 100 per cent of purchase price. Contractual fine is payable on a day when the seller sends a call for payment to the buyer
- Agreeing on or a payment of a contractual fine according to par. 4 of the VP shall not affect a right of the seller to compensation of damage
Handing over and taking over the goods
- The seller hands over the goods to the buyer himself or via a shipper at a place according to transport dispositions specified in the order, at the same time, the seller carries out staff training of any staff specified by the buyer. The buyer undertakes to take over the goods in a place according to transport dispositions, and if the seller puts the goods into operation, to sign a protocol of putting the goods into operation.
- The buyer is obliged to state in writing in a shipping document (shipping doc., transport order etc.) any inequalities detected that occur between the ordered goods and the really delivered ones, respectively he is obliged to inform of any damage of delivered goods. The buyer is obliged to have the record signed by a transporter s driver. The buyer is obliged to notify the seller of the facts the following working day at the latest. If the buyer fails to fulfil any obligation specified in this VP point, his right to complain ceases to exist.
Warranty terms and service
- Errors that can be detected when taking over the goods and/or during the protocol putting the goods into operation shall be specified in a shipping document or a protocol of putting the goods into operation; other faults are reported by the buyer to the seller in writing on the following day after they are detected at the latest, failing to fulfil the obligation shall lead to preclusion of the buyer s right of removing the fault.
- service: Toyota Material Handling CZ s.r.o., K Vypichu 1049, 252 19 Rudná, tel.: +420 311 651151; fax: +420 311 651311; email@example.com
- Warranty ceases to exist, if:
■ Maintenance prescribed by the manufacturer has not been done within prescribed time
■ Maintenance prescribed by the manufacturer or a repair of goods has not been done by the seller, Toyota Material Handling CZ s.r.o., or authorized service
■ There were other than original spare parts used when exchanging a part or during repair
- Removable defects that do not prevent the goods from use do not constitute an obstacle in taking over and operation the goods and will be solved in complaint.
- Warranty provided to buyers when ordering via e-shop:
■ Palette carriers LHM230 – 99 years for frame, 5 years for hydraulics and handle, 3 years for grease caps, sealing and bearing, 1 year for other (wheels, wires etc.)
■ Other palette carriers - 12 months
■ Storage technology – 12 months or 1000 mth (whichever comes first)
■ Manual carriers - 12 months
- Documentation to the goods consisting of instructions manual in Czech language and a protocol of putting the goods into operation, if issued
- Legal relationships emerging from a mutual business relationship comply with relevant provisions of the law and other legal regulations of the Czech Republic.
- Any disputes that arise from the mutual legal relationship and concerning it, which cannot be resolved by mutual negotiations of the parties, shall be decided by a relevant court in the Czech Republic.
- Mutual business relationship based on the order complies with Czech legislation in full scope.
- If any provision of the VP becomes invalid or legally ineffective, it shall not affect validity of remaining provisions
- If not agreed otherwise in an order or the VP, all announcements or similar notifications requested according to the VP is in writing. Such announcements, notifications etc. shall be considered duly sent and served either (a) on a day of serving, if delivered personally, or in (b) three days after serving, if sent by registered mail.
- If an order or the VP speak about serving (sending written documents) to the other party, all shall go to the last known address. In case of any doubts, it is deemed to be the last address, officially provided to the other party, where any correspondence is usually received, respectively the address specified in the heading of the agreement.
- the VP become valid and effective on 1.8.2013 and replace previous VP
- When the buyer agrees with the terms and conditions of the e-shop, he also confirms he has read the VP carefully, all its provisions are clear and understandable, and he agrees with them. At the same time, the Vp form an integral part of the order sent through e-shop.