General Terms and Conditions

1. General provisions

a) These General Terms and Conditions (the “GTC”) contain general provisions governing individual contracts for work entered into by SATTURN HOLEŠOV spol. s r.o. as the Contractor, and set out the parties’ rights and obligations in detail.

b) These GTC govern contractual relationships where the offer or contract for work has been prepared by SATTURN HOLEŠOV spol. s r.o. They apply on a supplementary basis, except where the contract for work itself provides otherwise regarding the parties’ rights and obligations.

2. Quotation, measurements, conclusion of the Contract for Work and other documents

a) The quotation and all prices, dimensions and other information stated in it are indicative only. The exact dimensions, execution, specifications and prices of products, accessories and work, and other details, are set out in the Contract for Work and its amendments, mutually approved and signed by the Customer and the Contractor.

b) If the Contract for Work, its amendments or other documents specify work or parts of it that cannot be performed for reasons on the part of the Contractor or its suppliers, the work shall be performed as feasible. If the Customer does not agree, the relevant parts shall be omitted entirely and the price reduced accordingly. Changes shall be made by an amendment to the Contract for Work, without any penalty or sanction against the Contractor.

c) The Customer is not entitled to reimbursement or compensation for leave, loss of profit, transport, telephone calls, postage or any other claims or costs associated with visiting the registered office, installation premises or storage facilities of SATTURN HOLEŠOV spol. s r.o.

3. Changes to documents

a) All changes to the Contract for Work, its amendments and other documents must be made in writing by agreement of both parties. Changes communicated by the Customer by telephone must also be sent in writing by fax, email or delivered letter. Such changes postpone the delivery date stated in the Contract for Work without penalty to the Contractor.

b) Changes to the subject of performance specified in the Contract for Work, its amendments and other documents may be made only before the advance payment is paid. Later changes to product specifications are not possible because work on the order will already have started. The Contractor is not obliged to accept any additional Customer requirements, such as different specifications or installation methods, that were not agreed in the Contract for Work and other documents.

4. Withdrawal from the contract

a) Any withdrawal from the Contract for Work by the Customer must be notified to the Contractor in writing by registered letter, stating the reason. The Customer may withdraw only on grounds provided by law. In the event of withdrawal by the Customer, the parties agree on a contractual penalty payable to the Contractor equal to the advance payment towards the price of the work, increased where applicable by documented costs exceeding that amount.

b) Any withdrawal from the Contract for Work by the Contractor must be notified to the Customer in writing by registered letter, stating the reason. The Contractor may withdraw only on grounds provided by law. If the Contractor withdraws, it must return the payment (advance) received from the Customer.

c) Failure to allow installation of the completed work on the date stipulated by the Contract for Work shall be considered withdrawal under paragraph a) of this section of the GTC.

d) The Customer is not entitled to reimbursement of any costs associated with withdrawal from the Contract for Work.

5. Payment and delivery terms

a) Products remain the Contractor’s property until the Customer has paid the full price of the work.

b) The parties agree that final invoices for the total price of the work are due within 14 days of issue and handover of the work. Thereafter, the Contractor automatically charges the contractual penalty specified below from the first day after the invoice due date.

c) If the Customer fails to pay the full price of manufactured and installed products by the due date, the Contractor may dismantle them and take them to its warehouse. The Customer agrees not to obstruct this activity and to provide access to the land, premises or building, as confirmed by signing these GTC and the Contract for Work.

d) All payments to the Contractor must be made in the Customer’s name and identified by the variable payment reference stated on the invoice. Advance payments that cannot be identified or are not paid in full postpone the start of production and therefore delivery and installation. The delivery period stated in the Contract for Work begins only once the payment has been identified.

e) For bank transfers, the payment date is the date on which the amount is credited to the Contractor’s account.

f) The final invoice or handover record also serves as the delivery note for handing over and accepting the work.

g) If the Customer is late paying the price of the work or the outstanding balance, the parties agree on a contractual penalty of 0.05% of the overdue amount per day. The penalty applies from the first day of delay.

h) If the Customer obstructs completion of the work, for example installation, the parties further agree on a contractual penalty of 0.05% of the total price of the work per day. The penalty applies from the first day.

i) Invoices and other documents shall be issued only in the Customer’s name and for the amount stated in the Contract for Work. No changes to invoices, including subsequent changes, are possible.

j) The Customer must accept and pay in full any increase in the price of the work resulting from changes or additions requested by the Customer. If a Customer-requested change reduces the price, the contract price and final invoice shall be reduced accordingly.

k) The Contractor shall contact the Customer by telephone at the number stated in the Contract for Work at least two days before the proposed installation date. If the Customer refuses that date, the Contractor may set another date and shall no longer be bound by the completion period stated in the Contract for Work.

l) For non-standard products, the Contractor reserves the right to extend delivery and installation until the manufacturer supplies them, without penalty, damages or similar claims. The Customer shall be kept informed during production.

m) The Contractor reserves the right to extend delivery and installation in circumstances caused by an unavoidable event not attributable to the Contractor, such as traffic accidents, traffic restrictions, strikes or adverse weather, without penalty, damages or similar claims by the Customer.

n) If the Contractor is late delivering the work, except in the circumstances above, the parties agree on a contractual penalty of 0.05% of the price of the work per day of delay, credited against the final invoice. The penalty applies from the first day of delay. The Customer is not entitled to any further penalties, damages, compensation or similar payments from the Contractor.

o) If the Customer has not made the site ready for construction, the delivery date agreed in the Contract for Work is automatically postponed without penalty to the Contractor.

6. Dismantling and installation

a) The Contractor must install the products in the agreed form under the Contract for Work, its amendments and these GTC, within the stipulated period.

b) The Customer is responsible for preparing the site fully and providing the conditions necessary for successful execution and completion of the work.

7. Service, defects and complaints

a) Complaints, defects, unfinished work and other circumstances or comments shall be assessed against the written and signed Contract for Work and its amendments.

b) All defects identified when the work is handed over must be recorded in the Handover Record.

c) Defects not recorded in the Handover Record shall be dealt with only as warranty claims and do not justify withholding the balance of the price. Defects recorded in the Handover Record shall be treated as work not yet handed over, and the Customer may defer payment until they have been remedied. Where applicable, the Contractor shall pay the Customer the contractual penalty for late delivery from the latest date specified in the Contract for Work until the defects are remedied.

8. Warranty

a) The Contractor provides a two-year warranty on the work where a fault arises through normal use and is not caused by improper handling or third-party intervention. The warranty period begins when the Customer accepts the work. If the Customer accepts it after the date on which acceptance was required, the warranty begins on the date acceptance was due.

b) The Contractor’s liability for defects covered by the warranty is excluded where, after the work has passed to the Customer, accidental damage results from external intervention by third parties other than the Contractor.

The Customer has read and agrees to these General Terms and Conditions, as confirmed by signing the Contract for Work.

These GTC are effective from 1 February 2017.