GENERAL DELIVERY TERMS
no. 1/2016
The company REGADA, s.r.o. with registered office at Strojnícka 7, 080 01 Prešov, ID number: SK2020011257, registered in the Commercial Register of the District Court in Prešov, file no. 11100/P (hereafter REGADA) issues these general delivery conditions.
I. General provisions
1. Legal relations between REGADA and the customer are governed by the purchase contract and these general delivery conditions. These general delivery conditions apply to all deliveries of products and services carried out by REGADA (hereinafter referred to as goods). Any other delivery terms proposed by the customer will be valid only in the case and to the extent agreed in writing between REGADA and the customer.
1.1. The purchase contract is concluded on the basis of a delivered order from the customer by mail, e-mail, in person, orally, or by its publication on a freely accessible electronic medium and its subsequent confirmation by REGADA, in the form of delivery to the customer of a stamped and signed purchase contract by an authorized person on behalf of REGADA by post. by email or in person.
1.2. The purchase contract will also be concluded on the basis of a draft purchase contract or order delivered to the customer in the ways already mentioned in point 1.1, which is stamped and signed by an authorized person of the customer and by the acceptance of this purchase contract or order by REGADA, in the form of a stamp and signature of the authorized person and its sending to the customer by post, email or in person.
1.3. We also consider every business case to be a concluded purchase contract if:
- the customer paid for the goods in cash
- the goods were sent to the customer on cash on delivery
- the customer confirmed the receipt of the goods on the delivery note, invoice or in another usual way
- the goods were sent to the customer by a commonly available transport company
1.4. Any contracts, agreements and their additions or changes must be made in writing.
II. Borrowing samples
Borrowing of samples is governed in full by special Agreements on the loan of goods. The customer is obliged to return the borrowed samples to REGADA without damage no later than 1 month after the end of the loan period agreed in the Goods Loan Agreement. If this does not happen, the customer is obliged to pay REGADA their purchase price according to the price list without undue delay after receiving the invoice from REGADA.
III. Prices and deliveries
3.1. Unless otherwise specified, the price for the goods is valid according to the relevant commercial offer.
3.2. All prices are net without VAT and without any bank fees.
3.3. Prices are inclusive of standard packaging and excluding shipping, unless otherwise agreed.
3.4. REGADA will make the first deliveries of goods to a new customer only after payment of the delivery price in advance or in cash upon delivery of the goods, according to mutual agreement. This procedure is valid until REGADA agrees otherwise with the customer.
3.5. Partial deliveries and their invoicing are allowed. Payment conditions are the subject of Article VIII. these conditions.
3.6. Delivery terms INCOTERMS 2020, EXW REGADA, s.r.o., Prešov apply for the delivery of goods, unless REGADA and the customer agree otherwise.
IV. Delivery time
4.1. The delivery period and terms are binding for REGADA only if they have been agreed upon in writing. The delivery period will not start until all the details necessary for the fulfillment of the contract have been clarified or before the customer has handed over to REGADA all the documents and parts that he is obliged to procure.
4.2. Cancellation of the order by the customer can be done no later than 2 weeks before the confirmed date of shipment. The customer is obliged to collect the ordered product ready for dispatch no later than 2 weeks after the confirmed date of the order, unless otherwise agreed. Otherwise, REGADA reserves the right to charge fees for storing the goods.
4.3. In the event of non-fulfillment of the delivery or in the event of the impossibility of delivering the goods, regardless of the reason, the provisions of Article XI of these general terms and conditions apply to compensation for damages.
4.4. Cases of force majeure and any other events that are beyond REGADA's control and significantly threaten or impede supplies such as war, insurrection, fire, flood, epidemics, trade obstructions (interruption of trade), transit delays, strikes, administrative measures such as export embargoes , obstacles in the purchase of material, as well as non-delivery, incorrect or late delivery from suppliers, regardless of the reasons, release REGADA from its obligations arising from the relevant contracts. For any temporary obstacles mentioned, they only apply during the duration of the obstacle, while the customer must provide REGADA with a reasonable period of time to resume deliveries, unless otherwise agreed with REGADA.
V. Fulfillment of delivery and passing of risk of damage
5.1. Delivery / delivery time will be met by sending the goods to the customer or by delivering the goods for transport with EXW REGADA shipping. In the event that the customer provides the transportation, the delivery deadline is met if the customer was notified of the readiness for dispatch within this deadline. This also applies to partial deliveries.
5.2. The risk of damage to the goods passes to the customer upon completion of the delivery according to point 1 of this article. The risk of damage to the goods passes to the customer even if the ownership right to the goods has not been transferred to him. Damage to the goods that occurred after the risk of damage has passed to the buyer does not affect the customer's obligation to pay the price for the goods.
5.3. In the event of a delay by REGADA in sending the goods due to a reason for which the customer is responsible, the risk of damage to the goods passes to the customer by sending a notification to the customer that the goods are ready for shipment. Any storage costs after the risk of damage has passed to the customer shall be borne by the customer.
VI. Warranty and obligation to report defects
6.1. The customer is obliged to carefully inspect the goods immediately after receiving the delivery, to check the completeness of the delivery and its compliance with the order. The customer is obliged to notify REGADA of delivery defects by sending a notification of the defect in writing, by fax or e-mail within 7 days from the date of receipt of the goods at the destination, or if the defect could not be detected during inspection, within 7 days from its detection. but no later than the end of the warranty period.
6.2. Any damages during transportation are subject to notification obligations under the General International Conditions of Transportation and the customer is obliged to notify the carrier, REGADA and the company providing insurance of the goods without undue delay. Otherwise, claims for product defects will not be granted.
6.3. Properly and timely claims for defects for which REGADA is responsible will be carried out by REGADA according to the customer's choice indicated in the notification of defects without unnecessary delay after this notification. The customer can request:
- elimination of defects by delivery of replacement goods for defective goods
- delivery of missing goods
- elimination of defects by repairing the goods, if the defects are repairable
- provision of a reasonable discount from the purchase price
- in the event that it is not possible to remove the defects by supplying replacement goods, nor is it possible to remove the defect by supplying the missing goods, it is not possible to remove the defect by repairing the goods, nor to cure the defects by providing an adequate discount on the purchase price, the customer may withdraw from the contract.
The customer can request the delivery of replacement goods only in case of irreparable defects or uneconomical repairs. The customer may withdraw from the contract or request a reasonable discount only if REGADA does not remove the defects within a reasonable period of time or if it announces before the expiry of this period that it will not remove the defects.
6.4. The customer may not change the claimed right to handling the complaint without the consent of REGADA.
6.5. Upon delivery of replacement goods, the customer is obliged to return the exchanged goods to REGADA in the condition in which they were delivered.
6.6. In the event of an unauthorized or properly and timely claim for product defects, the customer is obliged to reimburse REGADA for the costs associated with the transportation and inspection of the goods, as well as other costs incurred in connection with the aforementioned to REGADA.
6.7. In addition to the claims listed in point 3 of this article, the customer may demand compensation for damages incurred in connection with a legitimate claim. The customer must properly and timely prove the amount of the damage, otherwise REGADA is not bound by the customer's claim.
6.8. Liability for defects does not apply to defects that arose as a result of non-compliance with REGADA's instructions and instructions for operation and maintenance, modification of goods, replacement of any of their parts or use of materials that do not meet the original specifications.
6.9. The warranty period for defects in the quality of the goods is 12 months from the delivery of the goods, unless otherwise agreed with the customer in the purchase contract.
6.10. REGADA is not responsible for defects covered by the quality guarantee if these defects were caused by external events after the risk of damage to the goods had passed and were not caused by REGADA or persons with the help of which REGADA fulfilled its obligations, and the defects are not caused by the nature of the product or goods .
VII. Acquisition of ownership and reservation of ownership
7.1. The customer acquires the right of ownership to the delivered goods only after full payment of the purchase price, until this time the company REGADA reserves the right of ownership to the goods. If the delivery was made before full payment of the purchase price, the goods remain the property of REGADA until full payment of the price.
7.2. The customer is entitled to sell, use or process (e.g. assemble goods with other goods, etc.) only in the course of normal business activities. This authorization can be revoked by the supplier at any time.
7.3. In case of resale of unpaid goods, the customer (in the event that he does not fulfill his payment obligations towards REGADA) is obliged to assign claims against his customers to REGADA. Based on REGADA's request, the customer is obliged to notify REGADA at any time of the business name (name) and registered office (residence) of its customers, as well as the amount and maturity of these customers' receivables. In the event of assignment of the claim and its subsequent recovery by REGADA, the customer is obliged to provide support and cooperation to REGADA to the extent possible.
7.4. In the case of modification or processing (e.g. assembly with other goods, etc.) of goods subject to reservation of ownership rights, the contractual parties have already agreed on the following: REGADA becomes the co-owner of the new thing. The amount of the co-ownership share is determined according to the ratio of the invoiced amount of the goods to the value of the new item. Paragraph 3 applies mutatis mutandis.
7.5. The customer is obliged to immediately inform REGADA of the loss, seizure, destruction or damage of the goods to which the retention of title applies. In this case, the customer is obliged to assign to REGADA his claims against third parties, primarily against the person responsible for the damage or against the insurance company.
VIII. Terms of payment
8.1. Unless otherwise agreed, the due date of invoices issued by REGADA is 30 days from the day the invoice is issued.
8.2. Regardless of any decision of the customer, REGADA is entitled to assign received payments to the customer's receivables due first, as determined by REGADA.
8.3. If the customer finds himself in arrears with the payment of the purchase price, its advance, or any payment for which he is obligated to REGADA, REGADA is entitled to charge the customer interest for the delay in the amount of 0.05% per day of the owed amount until the full payment is made. amount owed. If the customer's delay in paying any amount lasts more than 5 weeks, REGADA is entitled to withdraw from the contract. If the company uses the right to withdraw from the contract, it is entitled to retain all partial payments in full, which were made by the customer up to the time of withdrawal, as a contractual penalty for breaching the obligation to pay properly and on time.
8.4. All bank fees associated with the payment are paid by the customer.
IX. Re-acceptance of the goods
Re-acceptance of the goods is possible only on the basis of a mutual written agreement between the customer and REGADA. A credit note will be issued for the goods returned by the customer and taken over by REGADA. The amount of such a credit note will depend on the condition of the goods taken over and on the loss in their value. REGADA is entitled to bill the customer for costs associated with this in the amount of 15% of the original delivery price, and the customer is obliged to pay the billed costs to REGADA.
REGADA reserves the right not to accept the goods again.
X. Customer changes
The customer is obliged to inform REGADA without undue delay about any change in its business name, registered office, business and statutory structure within 7 days of the changes, as well as about any other changes that could affect the contractual relationship.
XI. Claims for damages
11.1. The REGADA company is only responsible for damage that has been proven to be causally related to the breach of obligations that jeopardized the purpose of the contract.
11.2. In other cases, the relevant legal provisions valid on the territory of the Slovak Republic apply to the compensation of damages from REGADA.
XII. Choice of law and jurisdiction
12.1. Obligatory relationships established between REGADA and the customer are governed by the law of the Slovak Republic. The UN Convention on International Trade (CISG) does not apply, nor any other agreements, including future interstate or international agreements, even after they are adopted by Slovak law.
12.2. Disputes arising from the delivery of goods or in connection with deliveries will be resolved by both parties in the first instance by mutual agreement. If this is not possible, the contract, all legal relationships and claims arising from it are under the jurisdiction of the relevant court in Prešov or as determined by REGADA. The court so designated shall have exclusive jurisdiction over all claims brought by the customer.
XIII. Customer data records
REGADA uses devices for electronic data processing of customers' personal data. For this reason, all data received as part of the business relationship with the customer is handled in accordance with the provisions of Act NR SR No. 122/2013 Coll. on the protection of personal data, as amended.
The customer's personal data is processed with the consent of the customer and other affected persons for the purpose of verifying the identity of the customer or a person authorized by him when receiving and servicing the company's products, and also for identifying the customer in the information system of REGADA, s.r.o., in order to issue correct accounting and tax documents.
XIV. Validity of delivery conditions
These conditions govern all contractual relationships concluded after February 4, 2024.