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General business conditions

General business conditions

Opening regulations
    1. These general business conditions (further only „conditions“) are released by the company Motopoint, a.s. with the seat Vrchovina 88, 509 01 Nová Paka or other foreign appropriated subcompany (further only „Company Motopoint“)

Identification number: 25989472
VAT number: CZ25989472

as a seller of presented products for assesment premises, conditions and properties for preparation and realization of its business.

  1. Everyone who confirms with his / her signature, whether under the text of conditions or any other document or in any other way, that is agreed with these conditions, herewith proclaims that he / her fully accepts these conditions in the valid wording.

  2. These conditions are valid also in case that company Motopoint agrees special conditions for above standard supplies with person, in support for things not agreed with those special conditions. In case of differing written agreements, the agreement of special conditions is valid.
I. Used concepts and terms
  1. A buyer is a person, who according to these conditions sets up an order to the company Motopoint.

  2. By observance are understood goods supplied by company Motopoint in accordance with its subject of business.

  3. By goods are understood products that are presented in catalogue, eventually price list of company Motopoint with their name, price, eventually order number. Specification of goods, concerning quantity and sort, is presented on further described documents.

  4. By above standard goods are understood goods not presented in catalogue (eventually presented with a note „only on special order“), that company Motopoint supplies according to special agreements of these business conditions.

  5. An order is one-sided legal act of the buyer made to company Motopoint with a target of receiving observance.
    Essential properties of the order are these indications:
    a) Name and surname, eventually a company of the buyer
    b) Domicile, eventually seat of the buyer
    c) Delivery and invoice address, in case they are different from the domicile or seat of the buyer
    d) Identification number and VAT number of the buyer
    e) Bank connection and bank account number of the buyer
    f) Sort of goods and their quantity
    g) Marking of goods according to items in the catalogue of company Motopoint
    h) Signature of the buyer, eventually competent worker or employee, including writing out his / her name
    i) Certificate of incorporation, eventually a copy of trade licence, certificate of registration of a VAT payer in the attachment of the order, in case they haven´t been sent to company Motopoint earlier
    j) in case of phone order, instead of regulations
    a) - i), putting in a customer´s password generated by company Motopoint
    k) indication of certificate of incorporation including registration number of this certificate, if the byuer is registrated there

An order that does not meet requirements is company Motopoint able to refuse or return to an owner to fill in and provide him / her an appropriate term. If the owner misses the term, an order is considered as it never been sent.

Company Motopoint reserves a right to verify legitimacy of an order, especially with backward phone verifying of an identity of the person, who made a phone order, or verifying a signature on fax- or other written order with a signatiure card documented by the buyer.

In case of any absence, especially inconsonance of data about persons competent to order goods or inconsonance between signature and signature card, is company Motopoint able to refuse observance.

An order is a proposal of a sale contract. By compliance of company Motopoint in conformity with the order occurs to a sale contract in full scale. In case that the order is released by company Motopoint as a form, whether in written, electronic or other way, a buyer orders goods first of all on the base of this form.

  1. A delivery or compliance of company Motopoint (further only „delivery“) is the moment of handover goods to a buyer or delivery service. Partial compliance is possible and a buyer is not allowed to refuse it, if not agreed unlike in the sale contract.

  2. By sales returns is understood one-sided legal act from a buyer heading to enforce right from a responsibility of goods defects. Complaint must be made in accordance to the Sales returns rules of company Motopoint, which are a necessary part of these conditions.

  3. By an invoice is understood a document described in regulation of article III of conditions.

  4. A term of maturity is a day, that company Motopoint has pointed out and to which the buying price including VAT must be payed on the account of company Motopoint or must be payed in cash.

  5. If company Motopoint does not release a special price list to a buyer, as the original price list are considered the items in the offer of company Motopoint. Company Motopoint reserves a right to modify a price list. For single purchases is decisive the price valid in the date of order. A validity of the price list occurs on the day of its release in the seat of company Motopoint or by placing the price list on webpage www.motonet.biz. Company Motopoint releases an acutality about releasing the price list on the internet on webpage www.motonet.biz.

  6. Back order is an alternate solution in case that company Motopoint does not have required goods in term to observance demanded by a buyer. It means that company Motopoint after receiving an order like this places an owner as a person on the waiting list and has his / her order on file. If company Motopoint can´t make an observance in an appropriate term, proposes the closest spare term possible, eventually proposes cancelling an order.
II. Delivery conditions
  1. Subject of the purchase are goods supplied by company Motopoint. Choice of goods makes a buyer with an order according to a price list or similar base in order released by company Motopoint, eventually at on-line system motonet.biz. Company Motopoint undertakes to provide information about releasing new price lists at least by releasing it on the webpage.

  2. If not agreed unlike, goods are delivered only on the base of an order from a buyer. An order is made in written form, by fax, via the Internet or by phone. In case of an order different from a written form, company Motopoint reserves a right not to provide an observance until additional confirmation in the written form.
    An order of above standard goods is an owner obliged to make always in written form.

  3. Company Motopoint is competent to refuse an observance without any sanction from a buyer, if it means observance that is impossible, disadvantegous or out of accord with usual rules. Further, it is competent to act like this in any case if a buyer does not have settled commitments to company Motopoint payable to a day of creating an order.

  4. Goods are delivered via a delivery service in usual prices, if not agreed unlike in sale contract.
    Takeover of goods is confirmed by a buyer to an employee of company Motopoint on the delivery document. Confirmation must contain appropriate marking of a buyer in accordance with a certificate of incorporation or a trade licence, mentioning name and surname of the person, who confirms the takeover and a date of takeover. A buyer takes knowledge that a transporter is not obliged to confirm unity of data in confirmation with data from certificate of incorporation or trade licence. A buyer takes full responsibility of keeping this process and a rightness of the marked data. A buyer is also responsible for a takeover of goods by a competent person according to regulations above. In case there are later any doubts about delivery from a reason of obscure or inaccurate marking of a buyer on delivery documents, a delivery is considered as correctly performed and took over by a buyer.

  5. If a buyer does not adduce other address to perform a delivery, then the delivery address is the seat of a buyer. In case of adducing more addresses, company Motopoint can perform a delivery on any of these addresses if the delivery place is not specified in the order. This holds also in case that a delivery place is specified though, but performing delivery seems to be impossible or difficult.

  6. A buyer has to inform without delay in written form company Motopoint about any changes in persons competent to take over delivery and to sign delivery documents, as well as about changes in addresses intended to perform delivery. Breaking this duty can´t be a reason not to take over delivery by a buyer and company Motopoint exempts any responsibility from delay or damage.

  7. A delivery document is, according to previous reglements, a bill of deliver.
    A bill of deliver confirmed by a buyer will be enclosed to an invoice.
    A bill of deliver contains:
    - identification of a buyer according to a sale contract
    - number of order – subject of observance and prices of items

On the buyer´s request is to a bill of deliver enclosed a declaration of conformity signed by competent workers of company Motopoint.

III. Purchase price and paying conditions
  1. Purchase price is settled with a price list and is always marked for a certain sort of goods on an invoice, eventually on a bill of deliver. Purchase price is a price of goods, but package and postage, eventually portage is charged apart, if not agreed unlike with a sale contract.
    A buyer is agreed with a price list.

  2. Price is payable on a day settled with an invoice. If this day is not settled with an invoice, maturity occurs on the 14th day since performing delivery (date of taxable payment).

  3. An invoice is a payment document and a tax document, which contains:
    a) name and surname, eventually a company of a buyer
    b) a seat or a place of business activities of a buyer
    c) identification number and VAT number of a buyer
    d) date of release and date of executing a taxable payment
    e) date of maturity
    f) labelling goods, its quantity and unit pricing, if it is not a collecting invoice
    g) adducing total price net of VAT
    h) VAT
    i) adducing total price to settle
    j) number of a bill o deliver, if made apart
    k) customer number, if assigned

  4. If a buyer misses a date of maturity for paying a purchase price of a certain delivery, is company Motopoint competent to demand paying a penalty in an amount of 0,1% of an amount due a day for the first 30 days of delay. If the delay lasts more than 30 days, is company Motopoint competent to demand a penalty in an amount of 0,05% of an amount due a day and is also competent to pull out of a sale contract. Pulling out of a contract must be made in a written form and is valid since the moment of delivery to a buyer. As a delivery is also considered a moment of takeover of a fax message or e-mail on the device of a buyer.
    Parties are in this case obliged to return everything they got according to this contract. Returning goods instead of settlement is possible only on a challenge of company Motopoint or after an agreement and occurs on a cost and a danger of a buyer.
IV. Rights from a responsibility of defects, guarantee
  1. Rights and duties of parties while applying rights of a buyer from a responsibility of defects are regulated by Sales return rules of company Motopoint, which are necessary part of these conditions. For releasing sales returns rules or its changes are valid the same rules as for releasing these conditions.

  2. If there is not specified something else by a price list, company Motopoint provides on all products a guarantee in a duration of 6 months since handover and takeover, if there is not provided different guarantee from a manufacturer. Duration of guarantee begins on the day of handover and takeover of goods. In a guarantee properly applied defects are solved preferentially by replacing goods.
V. Returning goods
  1. A buyer has a right to return goods he / she ordered by mistake to 7 days since takeover of goods, but only on condition that goods are returned evidently unused and undamaged, in an undamaged and unopened original packing. If a buyer meets these requirements, company Motopoint undertakes to take goods back and to issue an appropriate invoice or a credit note.
    This is not valid in case of above standard goods according to paragraph 4 article I of conditions.
VI. Special regulations about above standard goods and above standard service
  1. Above standard goods are supplied entirely on the base of special written order or sale contract. On the challenge of company Motopoint to pay cash advance is a buyer obliged to pay it consequently after confirming the order and issuing an advance invoice on an account of company Motopoint. Cash advance will be subtracted in the final invoice from the total price of ordered goods.

  2. Company Motopoint can entirely after its free and exclusive consideration release a special price list for single buyers or group of buyers. Criteria of setting prices appoints company Motopoint. Condition of validity of a special price list is making a sale contract, whose attachment and necessary part is a special price list. On the base of this sale contract assigns company Motopoint to a buyer a customer number, which is a buyer obliged to identify to company Motopoint with.
VII. Other regulations
  1. A buyer acquires an ownership right to goods after full payment of purchase price. In the moment of takeover of goods by a buyer, a buyer gets full responsibility of destruction, damage or loss of goods.

  2. Company Motopoint is competent to pull out of any sale contract, except other cases adduced in conditions, also in case that a buyer bought goods, which company Motopoint has exclusive rights to distribute for, from other person than from company Motopoint or company authorised from company Motopoint to distribute these goods.

  3. Parties undertake to solve all conflicts incurred in connection with accomplishing duties according to these conditions above all by agreement.
    All conflicts incurred among contracting parties from legal relationships, which are conformed by these general business conditions, will be judged in the arbitration procedure by appropriate institutions in Czech Republic.

  4. These conditions acquire validity on the day of its signing by a competent person of company Motopoint. In case of its release on the webpage of company Motopoint, it becomes valid on the 2nd day after releasing. Newer conditions abolish those released earlier. Legal relationships based on the base of conditions are judged always according to conditions valid on the date of the creation of the legal relationship.

Nová Paka, Czech republic, 3.2.2004

Motopoint, a.s.

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