General terms and conditions

Business company ROSS s.r.o., with registered office at Hollého 205/52, 015 01 Rajec, ID: 31560385 registered in the OR of the District Court in Žilina, section Sro, insert no. 362/L (hereinafter referred to as “the contractor”) issues these

General terms and conditions (hereinafter referred to as “GTC”):
These General Terms and Conditions are in accordance with the provisions of § 273 of the Commercial Code No. 513/1991 Coll., as amended (hereinafter referred to as the “Commercial Code”) and are an indivisible part of all contracts for work, orders, or other types of contracts /hereinafter referred to as “contracts”/, concluded between the customer and the contractor, the subject of which is the provision of services and supplies offered by the contractor or other services provided by the contractor, even if the reference to the General Terms and Conditions is not included in the contract or is not available attached to the contract.

These GTC apply to all deliveries and other services provided by ROSS s.r.o. Ltd. Deviations from these GTC and side agreements require the form of a written contract to be valid. Deviating contractual arrangements take precedence over the wording of these General Terms and Conditions. The written form can be waived only on the basis of an “express” written agreement of the contracting parties. This applies even if the purchase contract is concluded in accordance with the provisions of § 275 para. 4 of the Commercial Code.

The customer’s business conditions are part of the contracts only if the contractor expressly and in writing acknowledges them for specific contracts. The customer is not entitled to exclude the validity of these General Terms and Conditions or their parts without the prior and express consent of the contractor.

The contract is concluded on the basis of the customer’s written order and is concluded either when the contract is signed in writing by its participants, or when the order is confirmed by the contractor or by the procedure according to the provisions of § 275 par. 4 of the Commercial Code, i.e. Expressing the contractor’s agreement with the customer’s order as a proposal to conclude a contract by performing a certain action, in particular the start of work on the work. In this case, the contract is concluded at the moment when this act of the contractor was performed, if it occurred before the expiration of the deadline for accepting the customer’s proposal.

All telephone information and information from personal meetings are confidential until the aforementioned confirmation by ROSS s.r.o. non-binding. Nothing in these GTC stipulates the contractor’s obligation to accept the customer’s order.

The price for the work or service must be agreed in the contract. If not specified otherwise, the agreed price is understood as the invoiced net price (without value added tax), including transport on the order of the confirmed place of delivery.

Unless expressly stated otherwise, the seller’s invoices are payable within 14 (fourteen) days from their issuance. The invoice is paid on the day the entire invoiced amount is credited to the seller’s account.

The contractor has the right to demand an advance payment of 60% of the agreed price of the work, including VAT, before starting work. Payment by bill of exchange or check is permitted only on the basis of a prior written agreement between the seller and the buyer.

In case of delay in payment of the invoiced amount, the buyer is obliged to pay a contractual penalty in the amount of 0.5% of the owed amount for each day of delay, unless otherwise stipulated in the contract. The obligation to pay the contractual penalty does not affect the contractor’s right to compensation for damages. The costs associated with the collection of a bill of exchange or check (discounting and bill expenses, etc.), if payment in this form is agreed upon, are borne by the customer. In the event that the customer is in arrears with payment or in the event that the customer’s claim exceeds the credit limit that the contractor provided to the customer on the basis of a special agreement, the contractor is entitled to demand payment in advance for further deliveries.

If the customer is late with payment, the contractor is entitled to stop further work on the part even without prior notice and cannot in this way delay the delivery.

The date and place of performance becomes binding only at the time it is indicated on the order confirmation.

Accurate identification of the ordering party – exact company name, address including zip code, ID number, VAT number, name of the person responsible for the order, phone number, e-mail address. Exact delivery location determination – exact delivery address including zip code.

Exact identification of the person (or several persons) responsible for taking over the work, telephone connection. Exact designation of the work – name, size, thickness, quantity, or graphic or drawing attachments. Required delivery time.

For the customer, it is considered that the person who signs the order is authorized to do so in accordance with § 13 of the Commercial Code.

Change or cancellation of orders is possible within 12 hours of the next working day after the day of ordering. Later changes will mean re-invoicing of the additional costs incurred, which will be charged by the manufacturer with these actions, as well as the emergence of the contractor’s claim to compensation for other damages that he incurs as a result.

The customer is obliged to take over the work with minor defects and imperfections that do not prevent its proper use.

For planning, advisory instructions, processing instructions, etc. takes over the company ROSS s.r.o. guarantee only on the condition that it provides the customer with these instructions on the basis of his inquiry, bindingly and in writing, if the specific construction intention of the customer is known.

In any case, the customer is still obliged to study the relevant documentation, taking into account the appropriateness of use for a specific purpose, or with the cooperation of experts from the given field.

Complaints are processed according to the relevant provisions of the Commercial Code. The warranty period is only valid if:

– compliance with the recommendations and correct use of the work The warranty period starts from the day the work is delivered to the customer.

The risk of damage to the work passes to the customer at the time and place of delivery to the customer. In the case of partial performance, the damage passes on the day of delivery of the partial performance. Damage to the work that occurred after the risk has passed to the customer does not affect his obligation to pay the price. The risk of damage to the part passes to the customer at the above-mentioned moment, also in the event that the customer fails to take over the goods.

The work that will be the subject of the contract remains the property of the contractor until full payment of the agreed price, including related payments (mainly VAT, etc.).

In the event that the customer is late in paying the price for the work or related payments and does not pay the owed amounts even within a sufficiently reasonable period determined by the contractor, the contractor is entitled to withdraw from the contract. In this case, the customer is obliged to return the services provided to the contractor and compensate him for the damage incurred in connection with the withdrawal from the contract. However, the termination of the contract does not affect the contractor’s right to a contractual penalty, compensation for damage or other rights, which due to their nature should last even after the termination of the contract.

The customer is not entitled to transfer the rights from deliveries according to these GTC to a third party without prior written consent. This obligation continues even after the termination of the contract.

The customer and the contractor have agreed that all possible discrepancies or disputes (hereinafter referred to as “disputes”) that would arise between them in connection with the interpretation, implementation or validity of the contracts concluded between them will try to be resolved by agreement. If negotiations fail to reach an agreement, the relevant party will refer the matter to the court competent for the defendant’s seat for a decision.

The seller is entitled to change these GTC in order to improve the efficiency and quality of the services he provides. It will announce the change of GTC by publishing it on the website www.ross.sk or in another suitable way. If the customer does not notify in writing of his disagreement with the proposed change to the GTC before the effective date of the change to the GTC, it is valid that he accepted the proposed change to the GTC with effect from the effective date proposed by the seller.

In Rajec on January 1, 2012