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Terms and conditions

The stated general business terms are valid for all executed offers or, as the case may be,  contracts relating to sales and supplies performed by MATEICIUC a.s., unless contractually determined otherwise. By ordering goods the customer accepts the terms and his signature of the "Confirmation on Order Acceptance" form shall be considered a confirmation of the fact that he has been familiarised with the terms. The general  business terms come into force on June 30, 2008, and replace the general business terms of November 1, 2006.

I. Execution of Supplies

1) Supplies are executed on the basis of written orders made by the Purchaser.
2) Each written individual order must contain the following:

•  Order number, date
•  Initials of the Purchaser: address, contact person, telephone number, fax number, Company ID no., VAT no., bank details, account number, incorporation in the Commercial Register, Certification of VAT registration
•  Specification of required goods: name, type, size, amount, packaging, and/or any other non-standard requirements
•  Price (see section II.)
•  Required date of taking over /delivery of goods (see section IV.2.1)
•  Required manner of taking over/delivery of goods (see section IV.2.2, IV.2.3)
•  Payment terms (see section III.).

 3) The Seller is obliged to confirm each order in writing or by email without undue delay. No later than within 48 hours he shall send to the Purchaser by fax or mail an "Order Accepted" form. This also applies in the event of the Seller not being able to meet the requirements in accordance with the order and he shall agree with the Purchaser by telephone or in writing on an alternative solution - variation.

4) When the "Confirmation on Order Acceptance" form is sent, the Seller considers such an order binding and this confirmation prevails in case of any variations to orders.

5) If the Purchaser finds any discrepancies in the "Confirmation on Order Acceptance" form, he is obliged to inform the Seller of such discrepancies in writing on fax +420 556 730 417, email zdenka.pikonska@mateiciuc.cz within 24 hours (unless agreed otherwise). If the Seller is not noticed of the changes or discrepancies before execution of an order (delivery and/or production of goods), these shall not be taken into consideration.

6) In the event of any conflicts between the content of a confirmed order and a delivery note, the delivery note shall prevail.

II.  Purchase Price

1) The purchase price makes a part of an order and it is set by the Purchase contract, official quotation, or by mutual agreement between the Seller and the Purchaser. Upon ordering goods, the purchase price shall be confirmed on the "Confirmation of Order Acceptance" form. The price shall be stated EXW Odry (Incoterms Ex works), unless agreed otherwise.

2) In the case of execution of orders outside the Czech Republic, the prices are stated in EUR inclusive of non-returnable packaging, EXW Odry, Ke Koupališti 370/15, unless agreed otherwise. All risks connected with goods are transferred to the Purchaser at the moment of their takeover but not later than at the moment of their dispatch from the plant of the Seller. Terms according to INCOTREMS 2000.

3) When supplies are confirmed, the purchase price must be included in the "Confirmation of Order Acceptance" form and shall be binding for invoicing goods.

4) The prices shall be valid during the term of the purchase contract or, as the case may be, of time-restricted quotation between the Seller and the Purchaser. If no purchase contract or time-restricted quotation has been concluded between the Purchaser and the Seller, the Seller reserves the right to a change to prices, without being obliged to inform the Purchaser of this fact beforehand.

5) The Purchaser undertakes to pay the purchase price for purchased goods. Full payment of the purchase price to the account of the Seller shall be a condition for transfer of ownership rights to the goods.

6) If the Purchaser fails to comply with the maturity stipulated in the "Confirmation of Order Acceptance", the Seller shall be entitled to charge the Purchaser a contractual interest according to the Government Decree No. 142/1994 Coll. of the invoiced (due) amount which he can repeatedly for each commenced day of delay (according to Czech law).

7) If the Purchaser requests delivery of goods to a point of destination, the price for transport shall be included in the price of goods or freight shall be invoiced separately, within the same or a concurrent invoice.

III. Terms of Payment 

1) Unless agreed otherwise, based on a purchase contract or mutual agreement, 100% payment of the contractual price is required in cash or in advance which shall be remitted to the bank account of the Seller.

2) When paying in cash or in advance, the costumer shall be granted 2% discount for total purchase exceeding CZK 5,000, excluding VAT.

3) The invoice (tax document) shall be issued at the latest on the second day after dispatch and/or export of goods. If the Purchaser fails to take over the ordered goods on the stipulated day or within the stipulated period, the Seller shall be entitled to invoice to the Purchaser the compensation for damage.

4) An original copy of the invoice shall be sent to the address of the Purchaser.

5) Non-standard products or custom made products shall be always paid in advance or in cash, unless otherwise agreed in writing.

IV. Logistics Terms

 IV.1  Packaging

 1) The Seller is obliged to secure for each order proper packaging adequate to nature of the goods and form of transport used.

2) The Seller shall charge the Purchaser for the value of returnable packaging the amount of 100% of the cost price as follows:

• - Deposit for wooden barrel amounts to CZK 4,000 /pc, unless determined otherwise contractually
• - Deposit for wooden pallet CZK 200 /pc, metal pallet CZK 2500 /pc

The deposit shall be fully refunded  providing that  the packages are  returned within 6 months     (- CZK 40; amortization). 10% of the price shall be deducted from the deposit for each month of delay. If the packaging is not returned within one year after tale over , the deposit shall not be  refunded and at the same time the deposit packaging + the applicable  VAT rate shall be charged. In returning the state of returnable packaging shall be assessed. In case of a serious damage of the packaging, the deposit shall be decreased by the amount needed for repairs, non-refunded deposit shall be charged + the applicable VAT rate as a damage to packaging.

3) Freight of returnable packaging back to the Seller shall be paid by the Purchaser.

4) Packing refer to artikle 3. and 4. of the law no. 477/2001 Sb. "About packing".

IV. 2. Supplies

 1) Supplies shall be executed within the agreed term, which makes a part of the "Confirmation on Order Acceptance".

2) If the Purchaser requests within his order securing of goods transport to the point of destination, he is obliged to state the following:

• - Exact destination address, contact person, telephone number and fax number if applicable
• - Dispatch form: ČSAD, mail (PROFI package), ČD, vehicle of the Seller or vehicle of a contractual partner of the Seller (haulage) or otherwise, based on mutual agreement.
  
  Note:               

PROFI mail - we charge for postage according to the applicable rates + packing according to size and weight of consignment. The consignment is delivered within 24 hours.

ČSAD - we charge for postage according to the applicable rates + packing according to size and weight of consignment. The consignment is delivered within 5 or 2 working days (higher rate).

3) If the Purchaser requests within his order securing of goods transport for supplies abroad, the Seller shall secure transport according to a clause in the International Commercial Terms of the International Chamber of Commerce in Paris in the wording of INCOTERMS 2000.

4) At each point of destination an appointed representative of the Purchaser shall perform a diligent takeover inspection of goods to the extent , whether the delivery contains any patent defects (assortment, amount, quality, and integrity of packaging). Upon its performance,the delivery note will be confirmed by the Purchaser. Upon confirmation of the delivery note by the Purchaser, the Seller shall not take into account any later  claims as regards the patent defects.

5) If the delivery shows a quantity defect (which must be marked on the confirmed delivery note), the Seller will deliver the missing goods at the latest within 5 working days for goods deliveries in the Czech Republic, and at the latest within 20 working days for goods deliveries abroad, unless agreed otherwise.

6) The Purchaser must receive the total amount of goods contained in the order on the day stated on the "Confirmation on Order Acceptance". Any deliveries outside the term stated in the order shall be only possible with prior written or, as the case may be, explicit consent of the Purchaser.

The Purchaser is obliged to secure unloading of goods at the point of destination and/or any loading of returnable packaging at his own costs, unless agreed otherwise.

IV. 3. Storage

 1) Storage of piping inan environment according to ETS 300019-1-1 class 1.3.E. Other products shall be stored in an appropriate manner with regard to safety.

2) The profiles need to be stored in a horizontal position in a dry an annealed place. Storage time for profiles with PE and paper tape is 18 months, other profiels can be stored max. 24 months.

V. Guarantee, Claims

1) The guarantee period is set according to the Commercial Code, and it shall commence as of the day of takeover of o goods by the Purchaser.

2) If the Purchaser establishes any latent defect in the goods, he is obliged to send to the Seller within 5 working days after the day of its establishment a written claim in which he can suggest a manner of settling the claim.

3) The Seller is obliged without delay and at the latest within 3 weeks after the receipt of the claim to suggest to the Purchaser a manner of settling the claim. 

4) If the Purchaser refuses the suggested procedure of the claim settlement, a repeated negotiation shall be taken to settle this matter. If no agreement is reached, the claim shall be settled by legal means.

5) The selling party will cover the damage proven, caused by defective delivery, the claim of which was applied during the stated time period for the guarantee claim. However, this does not apply to any damage caused during installation, failure to proceed as per the recommended application procedure, during manipulation, inappropriate handling or storage, repairs of the product, or inappropriate transportation of the product by the purchaser, or by a third party. Application procedures for products are available on demand.

6) Transfer of the responsibility for goods on the Carrier after completion of loading. If the Purchaser finds out damage of goods, he must not confirm the documents about takeover of goods. Purchaser must made a protocol and apply a claim against the Carrier.

7) Right to claim shall expiry:

•  it is not submitted in writing during the guarantee period
•  ihe seller was not given an opportunity to check the claim in situ (if requested )
•  ihe goods are further used even after an establishment of the defect

8) Returning of claimed goods will be accepted only after prior written consent by the Seller.

VI. Compensation for Damage

 1) If an order is cancelled, the Purchaser shall pay any processing costs spent on the order in process till the moment of cancellation of contract.

VII. Quality

1) The Seller shall provide at the request a written affirmation on compliance, certificates, and/or testing protocols, if they relate to the manufactured goods.

VIII. Miscellaneous

1) Any change to, cancellation of or withdrawal from order or purchase contract is only possible based on written agreement by the Contracting Parties.

2) Other relations shall be governed exclusively by general legislation of the Czech Republic.

3) All disputes arisen from business relation between the buyer and the seller shall be settled by mutual negotiation of parties with aim to conclude agreement about the subject of dispute. If there will be no solution through amicable way, than any party can refer a dispute to any territorially and materially relevant court in the Czech Republic.

• CSN EN ISO 9001:2009
  CERTIFICATE.PDF (498,5 kB)
• Terms and conditions
  TERMS-AND-CONDITIONS.pdf (69,7 kB)