General Terms and Conditions of SATES ČECHY s.r.o., valid from 1.5.2022, Company ID: 25172654

Delivery of Goods:

The supplied goods will have quality according to the product’s technical documentation, in accordance with applicable standards and instructions. (e.g. ČSN EN 1341 Pavement slabs made of natural stone for outdoor paving, ČSN EN 1342 Pavement cubes made of natural stone for outdoor paving, ČSN EN 1343 Curbs made of natural stone for outdoor paving, ČSN EN 771-6 Specifications for masonry units, part 6 – masonry units made of natural stone, ČSN EN 1469 – Products made of natural stone – cladding slabs – requirements, ČSN EN 12058 – Products made of natural stone – floor and stair slabs – requirements, Technical manual for authorized persons No. 09.15.02 – Curbs made of natural and artificial stone, etc.)
Unless otherwise stated in the contract, the delivery of goods is considered completed:

• at the moment of loading onto the carrier’s transport vehicle, if the buyer arranges transportation at their own expense

• at the moment of unloading the material at the destination, in case of material delivery including transportation of bulk material by tipping trailers, or delivery of material by vehicles equipped with hydraulic cranes.

• at the moment the vehicle arrives at the destination, in case of delivery of material including transportation, when unloading from the transport vehicle is arranged by the buyer.
  The risk of damage to the material passes to the buyer at the moment of acceptance of the goods. If the buyer arranges the transportation of goods themselves, the risk of damage passes to the buyer at the moment of loading the goods onto the transport vehicle.
  The seller reserves the right of ownership to the sold goods until the full payment of the agreed purchase price and after the fulfillment of all claims of the seller arising from the contract and these terms and conditions, in accordance with § 2132 of the Civil Code. The ownership of the sold goods thus passes to the buyer only at the moment when the entire purchase price for the sale of the goods is duly paid to the seller. If the buyer fails to pay the purchase price properly and on time, the seller is entitled to take back all delivered and unpaid goods, withdraw from the purchase contract, and claim payment for all related costs, including damage compensation and lost profit.
  In the case of non-compliance with payment terms by the buyer, initiation of insolvency proceedings against the buyer, or liquidation of the buyer’s company, the buyer loses the right to sell the goods subject to retention of title. In this case, the seller is entitled to take possession of the goods. Storage, transportation, and other costs arising from the return of goods are at the buyer’s expense.
  Payment of the contractual penalty, as agreed in this contract, does not affect the right to full compensation for damage. Contractual penalties specified in this contract become due on the day following the day when the right to the contractual penalty arises.
  All payments related to this contract will be credited in the following order:

• to settle contractual penalties

• to settle interest on overdue payments

• to pay off the principal debt.
  The buyer is obliged to notify the seller of the dates of individual partial deliveries or the date of transportation vehicle provision, at least three days before the scheduled date of delivery, unless otherwise stated in the contract.
  If the seller does not deliver the ordered goods to the buyer within 30 days from the agreed delivery date, the buyer is entitled to withdraw from this contract. If the buyer fails to collect the goods on time or delays the delivery date on the buyer’s request, the seller is entitled, without prejudice to other claims, to demand compensation for any additional costs, reasonably incurred costs, and lost profit arising from this reason.
  In case of unjustified refusal of acceptance, the buyer is obliged to reimburse the seller for all additional costs, reasonably incurred costs, lost profits, and compensation for any damage caused or that may occur to the seller.

Price and Payment Terms:

The price for the delivery of goods is specified in CZK.
The unit prices of goods are determined by agreement between the parties, respecting the applicable legal regulations.
Unless otherwise stated in the contract, the above prices for goods refer to goods delivered loose, excluding transportation costs (EXW delivery conditions according to INCOTERMS 2010).
The above prices will be subject to VAT at the applicable legal rate.
The payment of the invoice is considered completed upon the crediting of the owed amount to the seller’s account specified in the purchase agreement.

Warranty and Complaints:

The buyer is obliged to inspect the goods immediately upon receipt. The buyer must immediately report visible defects of the goods and quantity defects, at the latest before installation, otherwise, the buyer’s rights regarding defects of the goods, as well as rights to compensation for damage caused by this, will expire.
In the case of the delivery of natural stone goods, veins embedded in the rock or variations in color, structure, and formation are characteristic of the natural material and do not constitute a defect or deficiency of the goods.
The buyer is obliged to check the quantity of the goods upon receipt, for example, by confirming the delivery note. In case of quantity defects, the buyer is entitled to demand delivery of the missing quantity based on a duly submitted complaint. Other claims of the buyer related to this issue are not applicable.
The seller provides a warranty for the quality of the goods for a period of 24 months.
The seller assumes a quality warranty for the goods for the agreed warranty period, which begins to run from the fulfillment of the seller’s obligations under this contract, and guarantees the usual properties of the delivered goods during this period.
The warranty does not apply to defects caused by improper installation of the goods, incorrect use, neglect of maintenance, or any improper interference by the buyer or a third party.
Any defects in the goods must be reported by the buyer in writing to the seller in accordance with the relevant provisions of the Civil Code in force.
Removable defects do not result in a delay in the buyer’s obligation to pay the purchase price to the seller.

Sanctions, Contractual Penalties, Arbitration Clause:

If the seller fails to meet the agreed delivery date, the buyer is entitled to request a contractual penalty of 0.05% for each day of delay from the agreed price or part thereof that was not delivered on time, with the maximum agreed amount of the contractual penalty being 10% of the price of the ordered goods excluding VAT. The buyer is not entitled to other claims (e.g., compensation for damage) against the seller in this regard. If a future damage arises on the buyer’s side due to the seller’s failure to deliver the goods properly and on time, the buyer waives this claim for compensation for future damage in advance.
If the buyer fails to properly and timely pay the invoice for the delivered goods, the buyer is obliged to pay the seller a contractual penalty of 0.05% of the invoiced amount for each day of delay. The contractual penalty must be paid by the debtor according to the agreement of the parties, even if the breach of the obligation was not caused by the debtor.
In case of delay in payment of the purchase price or part thereof by the buyer, and in case of delay with the payment of any due obligations to the seller arising from the purchase contract, the parties agree to a contractual interest on overdue payments of 15% p.a. (annually) on the overdue amount.
If the seller does not deliver the goods to the buyer within 10 days after the stated delivery date, the seller is obliged to refund the actual deposit paid by the buyer along with interest at the discount rate of the Czech National Bank valid on the day the deposit was paid.
If the buyer does not accept the subject of sale within 10 days from the date it was due to be accepted, the buyer is obliged to pay the seller a one-time contractual penalty of 20% of the total price of the subject of sale.
In accordance with the Civil Procedure Code, in case of doubt, if the recipient has not collected the shipment within 10 days from its deposit, the last day of this period is considered the day of delivery, even if the recipient did not learn about the deposit.
All disputes arising from the purchase contract concluded between the seller and the buyer and in connection with it, according to the general terms and conditions, will be resolved by the general courts of the Czech Republic.

Force Majeure:

Unavoidable and unpredictable external events, such as war, natural disasters, or force majeure, release the affected contractual party from performing contractual obligations to the extent and duration of the event. However, the affected party must immediately inform the other party and request negotiations to establish new contract terms and minimize the other party’s losses.

Transportation, Packaging:

Unless otherwise specified in the purchase agreement, paving stones, gravel, quarry stone, and masonry units are delivered loose, and paving slabs, curbs, edge stones, cladding slabs, and floor slabs are delivered on pallets.
If the seller arranges the delivery of the material including transportation and unless otherwise specified in the purchase agreement, the transportation of palletized materials will be carried out using vehicles (combination vehicles or trailers) with their carrying capacity (22-30t) and their delivery to the unloading site with the use of a forklift or loader at an appropriate and easily accessible location. This location must not be marshy, sloped, or located in the protection zones of overhead lines. It must also allow access for vehicles with an appropriate weight of approximately 40t (traffic restrictions, clearance height, width, turning possibilities, etc.).
If the seller arranges the delivery of the material including transportation and unless otherwise specified in the purchase agreement, the transportation of loose materials will be carried out using tipping vehicles (combination vehicles or trailers) with their carrying capacity (24-32t) and unloading at an appropriate and easily accessible location. This location must not be marshy, sloped, or located in the protection zones of overhead lines. It must also allow access for vehicles with an appropriate weight of approximately 40t (traffic restrictions, clearance height, width, turning possibilities, etc.).
The transportation cost does not include the costs associated with unloading equipment (forklift, loader, crane), costs related to permits for entry into restricted zones, reloading of materials onto vehicles with lower capacities, or waiting time for unloading or during interruptions of unloading.
Palettes delivered with the goods will be invoiced at 250 CZK/piece if not delivered in an exchange system, unless otherwise specified in the contract.
Large volume bags used for delivering paving stones are non-returnable due to the nature of the transported material. The packaging price also includes the costs related to filling these bags.

Other Terms:

These “General Terms and Conditions” form part of the purchase contract according to § 1751 of the Civil Code, and unless otherwise stated in the purchase contract, these “General Terms and Conditions” apply.
Unless otherwise specified in the purchase contract and the general terms and conditions, the relevant provisions of the Civil Code No. 89/2012 Sb. in its current version apply.
The seller warns that polished surface treatment of granite products is not suitable as a walking surface (risk of slipping).
The seller warns that products made of tuff must be treated with a suitable hydrophobic agent, such as POROSIL VV 15+, before use in outdoor environments and during use.
The seller declares that a “Declaration of Properties”, “Declaration of Conformity”, or “Manufacturer’s Declaration” has been issued for legally regulated products. The issued declarations are available for inspection at the company’s commercial department.