GENERAL BUSINESS TERMS AND CONDITIONS

of the Seller, Metal Service Centre – IMC Slovakia, s.r.o., Business ID No (IČO): 36 794 597

seat: Šebešťanová č. 256,  017 01 Považská Bystrica, Slovakia

entered in the Commercial Register of District Court Trenčín, Section Sro, File No 17947/R

VAT ID No (IČ DPH): SK2022396112

Bank contact: SLSP, a.s.

account number IBAN:  SK07 0900  0000 0003 6340 1938

Tel +421 (0)42 4379683    E-mail hlinik@imcslovakia.sk

 (hereinafter referred to as “Seller“)

 

agreed in accordance with Article 273 of the Commercial Code, with regard to the agreement on delivery of goods, coming into existence by delivering goods based on the order of the Buyer

 

1. Introductory Provisions

1. These General Business Terms and Conditions (hereinafter referred to as “GBTC”) govern the contractual relations coming into existence between the Seller and the Buyer mentioned in the purchase contract for delivery of goods of the Seller, particularly products  made of aluminium and aluminium materials (hereinafter referred to as “Contract“). In case the provisions set down in GBTC derogate from the provisions agreed in the Contract, the provisions of the Contract shall take precedence over the wording of GBTC. By signing the Contract, the Buyer confirms his acceptance of these GBTC.  
2. Price Offer. Order. Confirmation of the Order

1. Price Offer: Based on the request of the Buyer, the Seller shall make a price offer within seven (7) days from receiving the requests from the Buyer, and shall send the price offer to the Buyer together with payment terms and conditions (hereinafter referred to as “Price Offer“). In case of accepting the Price Offer, the Buyer shall send a binding order to the Seller. Price offers of the Sellers shall be deemed binding for seven (7) days from the date of their sending. Without a previous written approval from the Seller, the Buyer may not make the Price Offer available to any third party.
2. Order:  A binding written order, including its appendixes, shall include technical and dimensional specifications of delivery of goods, the extent and place of delivery of goods, the required delivery date, a contact person and the price based on the Price Offer. An order placed by e-mail shall also be deemed a written order.
3. Confirmation of Order: The contract shall come into existence by confirming the Order by the Seller in writing or by e-mail. In the case of approval, the Seller shall send the Buyer a confirmation of Order in writing or by e-mail within seven (7) days from receiving the Order.
4. Po-forma Invoice, Invoice and Payment: Based on the Contract, the Seller shall send the Buyer, in writing or by e-mail, a pro-forma invoice or an invoice with maturity of fourteen (14) to thirty (30) days, or cash- on-delivery, depending on payment terms and conditions agreed in the confirmed order. Where the Buyer fails to pay the pro-form invoice within seven (7) days from its maturity date, the Seller may withdraw from the Contract.
5. Delivery of Goods: The Seller shall deliver goods to the Buyer as agreed in the Contract: in the case of cash on delivery, against payment of the price of goods; in the case of issuing a pro-forma invoice, by the agreed time after paying the price of goods; and in the case of issuing an invoice, by the agreed time of delivery.
   Where the maturity specified in the invoice is not observed, the Seller may suspend any further deliveries based on confirmed orders until the outstanding sum is credited to the account of the Seller, whereby the Seller shall not be held liable for any damage the Buyer might incur due to the non-delivery of goods.
    
6. Goods ordered from the Seller and delivered to the Buyer may not be returned. Where the Buyer fails to accept the goods, the Seller shall be entitled to a contractual penalty in the amount of 0.15% of the price /inclusive of VAT/ of the unaccepted goods for each day of delay, as well as a storage fee in the amount of EUR 10 for each commenced ton of the goods for each day of storing; in the case of storing the goods in a storehouse of a third party, the Seller may charge the Buyer the costs of storing charged by the third party. Where the Buyer is late with paying the invoice or its part, the Seller may unilaterally change the payment terms and conditions as well as the amount of valid price reductions, rebates and discounts. In the case of late payment, a contractual penalty in the amount of 0.05 % of the outstanding sum shall be payable for each day of delay, commencing on the day following the maturity date up to the date of the settlement of the outstanding sum.
7. Ownership Right: Ownership right to goods shall not be transferred onto the Buyer until the full payment of the purchase price. The Buyer shall enable the Seller to get access to the goods to which the clause on retention of ownership right of the Seller applies.
8. Changes, Cancellation of the Order: Orders may be changed and cancelled following a mutual written approval. For this purpose, an approval given by   e-mail shall also be deemed a written approval.
9. Complaints about Delivered Goods: Complaints about apparent defects (a missing amount, damaged goods etc.) shall be filed within 24 hours from the delivery and acceptance of the goods. Complaints with regard to damaged goods shall be documented by photographs taken in attendance of an impartial person.
10. By signing this General Business Terms and Conditions, the persons acting on behalf of the Buyer declare to the Seller that they will satisfy the Seller provided that the Buyer fails to fulfil Buyer´s liability to pay the Seller any of the claims under the Contract.
     
11. The parties thereto agree that the date of returning the mail to the sender shall be deemed the date of delivery, even though the addressee rejects to receive the mail, or the post office returns the mail not received for any reason, including the case when the addressee did not become aware of delivering the mail.
12. Settlement of Disputes. Governing Law: This Contract shall be governed by the legislation applicable within the territory of the Slovak Republic. The parties thereto agree that the courts in the Slovak Republic are competent to decide the disputes, if any. 
     
13. An extract from the Commercial Register, when the Buyer is a legal person, and an extract from the Trade Register, when the Buyer is a natural person, comprise integral part of these GBTC; the Buyer shall announce the Seller any and all changes by delivering the latest extract within three (3) days.
     
14. The General Business Terms and Conditions shall enter into force on 25.10.2017. The Seller is entitled to unilaterally change these GBTC, whereby the change shall be effective for the orders issued after the effective date of the changed GBTC.

 

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