Terms and Conditions of Sales

1.1. These General Terms and Conditions (hereinafter referred to as the “GTC”) are trading conditions pursuant to the provision of section 1751 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “CC”), and shall apply to all relationships established under a Purchase Contract or Contract for Work (hereinafter referred to as the “Contract”), made between KOH-I-NOOR Mladá Vožice a.s. as the Seller/Contractor (hereinafter referred to as “KIN”) and the Buyer/Client (hereinafter referred to as the “Client”), whose purpose is the provision of goods or execution of work by KIN (hereinafter referred to as the “Performance Delivery”). The Goods or Work delivered by KIN to the Client are hereinafter referred to as the “Performance”. KIN and the Client may modify some conditions contained in the Framework Purchase Contract (hereinafter referred to as the “Framework Contract”). If a Framework Contract is concluded between KIN and the Client, the GTC constitute an integral part thereof.

1.2. Should the rights and obligations of KIN defined in the Contract differ from the ones defined in these GTC, the provisions of the Contract shall prevail. Should there be a conflict between the Contract and the Framework Contract, the Contract shall prevail. Should there be any conflict between these GTC and the Framework Contract, the Framework Contract shall prevail.

1.3. All documents of the Contract shall be treated as mutually supplementing and/or explaining. If there shall be any conflict between individual documents, the interpretation of the documents and order of priority shall be as follows, unless otherwise stipulated in the Contract: (a) the Contract, (b) annexes to the Contract, (c) the Framework Contract, (d) these GTC, (e) other documents, if applicable.

1.4. Any conditions other than the GTC shall not apply to the relationships as stated above, even if KIN knows such conditions, or if they were submitted to KIN. KIN is not bound by any conditions, unless they are expressly approved by KIN’s authorised representative in writing.

2.1. The Contract must be concluded in writing. The Contract shall become valid and effective as soon as any of the following facts occurs: (a) on the date of signing by both parties, or (b) as soon as KIN confirms receipt of the Client’s order in writing, at any time within 7 (seven) days of receipt thereof, and confirmation of anychanges (including a different stipulation contained in the General Terms and Conditions) is treated as a new proposal that needs to be accepted by the Client –if the Client intends to conclude the Contract –within 7 (seven) days from delivery of the new proposal to KIN. A proposal for concluding the Contract, made by KIN to the Client, is binding for 7 (seven) days from delivery thereof to the Client and then expires.

2.2. Any documentation is only an integral part of the Performance if the Client specifically requested delivery thereof in the Contract or in an order, and KIN consequently confirmed delivery of the documentation in writing or in the Contract.

3.1. KIN shall deliver the Performance at the place, on the date, in the quantity and quality as agreed in the Contract. If a delivery period is set, KIN is entitled to deliver the Performance at any time within this period. If an exact delivery period is not set, KIN shall determine the date of delivery and ask the Client to take over the Performance at least 3 (three) days before the planned delivery date. Unless otherwise agreed expressly, the agreed delivery dates (periods) are only approximate.
 
3.2. Unless otherwise agreed in the Contract, the Performance shall be delivered EXW –Mladá Vožice, without packing (INCOTERMS 2010). The Performance is treated as delivered at the time that KIN allows the Client to dispose of the Performance in the agreed place of performance. If KIN is to ship the goods, the Performance is treated as delivered to the Client upon handover thereof to the first carrier for the transportation of the Performance to the Client. KIN shall only insure the Performance for the transportation if it is specified expressly in the Contract.
 
3.3. The Performance shall be delivered by KIN on condition that the Client delivers all necessary basic data and materials, gets the necessary permits, consents and approvals, renders necessary assistance, fulfils the agreed payment terms and other obligations of the Client in due time. Should these conditions not be fulfilled in due time, the delivery period determined for delivery of the Performance shall be extended accordingly. Further, as a condition for the Performance by KIN, the Client must not be delayed with any payment for the Performance already delivered by KIN. Should the Client be delayed, KIN shall not be delayed with the Performance Delivery, and the agreed delivery time shall be extended by a period corresponding to the Client’s delay as stated above. If any advance payment or payments are agreed, KIN is not obligated to execute the Performance Delivery before such payment or payments are effected.
 
3.4. The Client shall (a) take over the Performance on the agreed date, and/or on the date as advised to the Client by KIN in accordance with Article 3.1 of the GTC, (b) confirm the takeover of the Performance in writing in the delivery note or handover report, and (c) send (give) the confirmed copy to KIN. The proper Performance is also deemed to be the functional Performance containing only such defects or shortcomings of work which do not disable the proper use of the Performance for the purpose as agreed in the Contract, or for the purpose that is common in view of the nature and subject of the Performance. KIN is entitled to deliver the Performance before the agreed date. Together with the Performance, KIN shall deliver the documentation and documents required for the acceptance and proper use of the Performance, as well as other agreed documentation, if applicable, to the Client. If the Client uses or has fully processed the Performance, or transfers it to the ownership of a third party, the Performance is treated as properly delivered and taken over by the Client, free of defects and arrears.
 
3.5. Should the Client not accept the Performance within 15 (fifteen) days from delivery thereof, KIN is entitled to store the Performance at the expense and risk of the Client, and the Client shall pay storage charges to KIN, equal to 0.1% of the price of the Performance per day of storage. Should the Client not accept the Performance within an additional period of at least 30 (thirty) days, KIN is entitled to terminate the Contract without any other action, and to charge a contractual penalty in addition to thecompensation for damages and storage charges, equal to 15% (fifteen percent) of the total price of the Performance, and the Client shall pay these amounts after they are charged by KIN.
 
3.6. Should the Performance be delayed upon the request of the Client, KINis entitled to charge the costs for storage, as well as the costs for suspension of works, if applicable, to the Client.
 
3.7. Unless expressly otherwise agreed, KIN shall not deliver the Performance before the full price of the Performance has been paid. Similarly, KIN is entitled to suspend the Performance or a part thereof if KIN has any overdue claim against the Client, including claims under other orders and business relations.
 
3.8. The technical parameters of the Performance (quality and make) are determined byan internal technical standard of KIN and reference samples, if approved by the parties before signing the Contract.
 
3.9. All documents regarding the delivered Performance shall be issued in the Czech language. KIN shall only ensure the translation thereof if this obligation is stipulated in the Contract.
 
3.10. KIN delivers the Performance without a package or packed in a manner that is adequate for preserving and protecting the Performance by standard packages that are normally used for such performance by KIN.
4.1. The price is agreed and quoted without value added tax (hereinafter referred to as “VAT”), which shall be added according to applicable legal regulations. The price does not include the transportation, postal charges, packing charges, etc., unless otherwise agreed.
 
4.2. If KIN undertook to carry out the installation, assembly, or to put the Performance into operation, the Client shall also pay any other costs incurred in addition to the agreed price.
 
4.3. The price shallbe paid by the Client on the basis of an invoice, issued by KIN after signing the Contract, and sent to the Client. The invoice shall contain all particulars of a tax document as determined by applicable generally binding legal regulations. The invoice shall be due within 21 (twenty-one) days from the date of issue. The price must be paid into KIN’s bank account, and must be credited for such purpose without any deductions and any unilateral reduction or retention. The Client’s obligation to pay the price is treated as fulfilled upon crediting the price of the Performance to KIN’s account.
 
4.4. If the provision of an advance payment is agreed, the Client shall make it on the basis of an advance invoice, issued by KIN, into KIN’s account by the due date.
 
4.5. The Client is only entitled to unilaterally set off such claims that are due, enforceable, not statute-barred, not disputable between the parties, and only provided that the set off was approved by KIN in writing. KIN is entitled to unilaterally set off any claims payable by the Client, even if their amount and existence have not been proven definitely and certainly, predominantly in court proceedings by a final judgement. The Client is not entitled to assign any claim against KIN under the Contract concluded according to these GTC, and/or a separate contract or a part thereof to a third party without the prior written consent of KIN. Should the Client be in delay with any payment to KIN, then all KIN’s claims against the Client that came into existence based onmutual trading shall become due with immediate effect.
 
4.6. KIN hereby represents that it has concluded a Joint Performance Contract with an authorised packaging company. Therefore the Client shall handle the package in which the Performance was delivered to the Client in accordance with the provision of Act No. 185/2001 Coll., on Packages, as amended.
 
4.7. Any unused Performance is classified as normal waste, and may be disposed in communal dumps (waste code 2003001), or recycled. The Performance may only be burnedin approved incineration plants.

5.1. Should the Client be delayed with the payment of the price, KIN is entitled to claim a contractual penalty, equal to 0.05% of the due amount per started day of delay, and then a contractual penalty equal to 0.3% of the due amount per started day of delay, if the Client is delayed for more than 15 days, beginning from the 16th (sixteenth) day of the Client’s delay. The contractual penalty is due within 15 (fifteen) days from the day thatit is charged to the Client.

5.2. The aggregate liability of KIN for damages incurred by the Client in connection with the performance of this Contract or a breach of a legal regulation is limited to a maximum of ten percent (10%) of the total price for the Performance under the Contract (excl. VAT) for all loss events in the aggregate. The parties have agreed that only the actual damage shall be compensated. Lost profits or other types of damage shall not by compensated. KIN shall not be liable for indirect damage or for any other damage caused by defects of products manufactured from the Performance delivered by KIN. The parties have agreed that any contractual penalties or other sanctions paid by KIN to the Client shall be fully included in the compensation for damages. The limitation as stated above shall not be applied to the compensation for damage that has been caused wilfully.

6.1. The title to the Performance passes to the Client upon full payment of the price, or other payments under the Contract, if applicable. Until the Client acquires the title to the Performance, it must not dispose of the Performance, or process the Performance in any manner without the previous written approval of KIN. If the Client disposes of the Performance, the Client must notify the person towards whom a disposal act is carried out of the reservation of the title by KIN. Till the title passes to the Client, KIN is entitled to take back the Performance at the expense of the Client, and to enter the premises and land plots where the Performance is located for such purposes.
 
6.2. The risk of damage to the Performance passes to the Client: (a) upon delivery of the Performance to the Client, or upon handover to the first carrier for the transportation of the Performance to the Client; (b) in the case of the Performance including the assembly or installation, upon proper completion of the assembly or installation, or upon completion of the pilot operation, if agreed. If the pilot operation is agreed, it must commence without delay after the installation or assembly is completed. Should the pilot operation not begin within 5 (five) days after the installation or assembly is completed, the risk of damage to the Performance passes to the Client upon expiry of this period, unless otherwise agreed.
 
6.3. Should the acceptance of the Performance be delayed due to reasons for which the Client is responsible, the risk of damage to the Performance passes to the Client on the first day of the delay. The title to the price calculations, drawings and other basic data and materials is held by KIN, also after they are provided to the Client. Such materials may only be disclosed to a third party with previous written approval of KIN, and shall be returned to KIN upon its request without undue delay.

7.1. KIN shall deliver the Performance of quality and in the make complying with the conditions determined by the applicable Czech technical standards, as well as by Act No. 22/1997 Coll., as amended, and KIN’s internal technical standard, if applicable. If a reference sample is made, this reference sample shall be approved by the parties to the Contract, of which a report shall be made and signed byboth parties. The reference samples shall be stored with KIN. The Performance is defective if the Performance does not fulfil the above conditions, or does not comply with the sample approved by both parties.

7.2. KIN is liable for defects of the Performance at the time that the risk of damage to the Performance passes to the Client, even if a defect becomes apparent after this time.

7.3. If any items provided by the Client were used in the manufacture according to the Contract, KIN is not liable for defects of the Performance that result from using such items, providing that KIN, using professional care, could not have revealed that these items were not suitable for the manufacture of the Performance, or KIN notified the Client that these items were not suitable, but the Client insisted on using them.

7.4. If KIN delivers the Performance before expiry of the delivery period, KIN may subsequently deliver a missing part or missing quantity of the delivered Performance, or deliver a replacement Performance for a defective Performance, or repair defects of the delivered Performance till expiry of the delivery period. In this case, it is understood that the delivered Performance is free of defects.

7.5. The quantity of the supply actually delivered may deviate in the range of 1%-4% from the agreed quantity in the contract, with the priceinvoiced for the quantity actually delivered. The possible extent of the deviation depends on the total ordered goods as follows:

Up to 100000 PCs                         4%

101 000 PCs –1000 000 PCs        2%

Over 1000 000 PCs                       1%.

7.6. The Client is obliged to verify the suitability of a KIN product for its own business purposes by means of adequate testing, which the Client shall carry out at its own expense and responsibility. In the event that KIN has provided the Customer with advice or recommendations when selecting a KIN product or its components in terms of suitability for a particular use or compatibility with other components or fillers (chemicals and compounds in different states), the Client is aware that all such recommendations and analyses of KIN are based on laboratory conditions and theoretical data supplied by the Client and the Client is obliged to thoroughly verify all recommendations or outputs from KIN analyses by performing stability tests in the real environment while using real substances, and which shall be repeated in the relevant time intervals. KIN is not liable for damage caused to the Client as a consequence of any advice or consultation, and the Client waives this right by adoption of these GTC.

8.1. The warranty period for the delivered Performance is 24 (twenty-four) months from the day that the risk of damage to a thing passes from KIN to the Client, unless otherwise agreed in the Contract.

8.2. The warranty is given on condition that all due obligations of the Client towards KIN are paid. Should the Client be late with thepayment of any of its due obligations towards KIN when filing a complaint about a defect of the Performance, KIN shall be entitled to interrupt the complaint process for the period the Client is delayed with the fulfilment of its obligations towards KIN, but without any interruption or extension of the warranty period.

8.3. KIN is only liable for products of other suppliers used for the manufacture of the Performance or delivered with the Performance to the extent to which its subcontractor is liable for them. KIN is entitled to handle complaints regarding such products by assigning the claims against the subcontractor to the Client.

8.4. KIN is not liable for minor or small defects that do not affect the function or use of the Performance delivered by the Client, orif they were caused by Client’s unqualified activity, by a third party or event of force majeure, or if they occurred as a consequence of inadequate stress, non-observance of the provided operational instructions, improper maintenance, freezing, corrosion, chemical, electrical or electrolytic impacts. The Performance shall be regarded as free of defects if it can be processed for the purposes for which it was manufactured, in this case the Client is not entitled to file any claims under liability for defects or warranty with respect to such Performance to KIN. Any claims due to defective Performance or under warranty shall expire if the Performance is damaged, processed or otherwise transformed by fault of the Client. Any rights under the warranty or liability for defects arise solely to the Client, who is not entitled to assign these rights to a third party without the prior written consent of KIN.

8.5. If more units of the Performance than one are delivered, the acceptance inspection by comparison as per ISO 2859 and ISO 2859-1 and the Acceptable Quality Limit (AQL), determined by these standards, shall be used (hereinafter referred to as the “Standardised Inspection”). The Standardised Inspection is always carried out in relation to one delivery of the Performance, delivered on the basis of one delivery note or CMR form. Therefore, to determine the initial scope of the delivery (Table 1 forCSN ISO 2859-1), the quantity of the Performance specified in the delivery note or CMR form shall be used.

8.6. Unless otherwiseagreed in the Contract, the following parameters are to be used for the Standardised Inspection:

  • standard inspection, inspection level: II
  • quantity check according to ISO 2859
  • AQL level: 0.1 or 0.65, depending on defect severity according to the list ofdefects

8.7. List of defects:

Description of defectAQL 0.25AQL 0.65AQL 1.5Note –defect samples
     
AV –Aerosol Valves
     
Functional defectx   
     
Optical (visual) non-functional defect (defect with no negative impact on the function)  x 
     
Deformation, non-functional defect x  
     
Contamination  x 
     
Damaged package x  
     
Presence of other products, components x  
     
Description of defectAQL 0.25AQL 0.65AQL 1.5Note –defect samples
     
BOV
     
Functional defectx   
     
Optical (visual) non-functional defect (defect with no negative impact on the function)  x 
     
Deformation, non-functional defect x  
     
Contamination  x 
     
Damaged package x  
     
Presence of other products, components x  
     
Description of defectAQL 0.25AQL 0.65AQL 1.5Note –defect samples
     
APPLICATORS and ADAPTERS
     
Functional defectx   
     
Optical (visual) non-functional defect (defect with no negative impact on the function)  x 
     
Deformation, non-functional defect x  
     
Contamination  x 
     
Damaged package x  
     
Presence of other products, components x  
     
Incomplete productx   
     
Description of defectAQL 0.25AQL 0.65AQL 1.5Note –defect samples
     
ATOMISERS
     
Functional defectx   
     
Optical (visual) non-functional defect (defect with no negative impact on the function)  x 
     
Deformation, non-functional defect x  
     
Contamination  x 
     
Damaged package x  
     
Presence of other products, components x  
     
Incomplete productx   
     
Description of defectAQL 0.25AQL 0.65AQL 1.5Note –defect samples
     
SC Spraycaps
     
Functional defectx   
     
Optical (visual) non-functional defect (defect with no negative impact on the function)  x 
     
Deformation, non-functional defect x  
     
Contamination  x 
     
Damaged package x  
     
Presence of other products, components x  
     
Incomplete productx   
     
Description of defectAQL 0.25AQL 0.65AQL 1.5Note –defect samples
     
CAPS
     
Functional defectx   
     
Optical (visual) non-functional defect (defect with no negative impact on the function)  x 
     
Deformation, non-functional defect x  
     
Contamination  x 
     
Damaged package x  
     
Presence of other products, components x  
 
8.8. If the acceptance inspectionby comparison is performed according to ISO 2859 and ISO 2859-1 (see above) and the number of non-conforming units does not exceed the permitted limits (Acceptable Quality Limit –AQL), it is understood that the Performance is free of defects, and a complaint cannot be submitted. Based on the results of the Standardised inspection, only the performance that has been subjected to the Standardised Inspection may be claimed, i.e., the Performance specified in the particular delivery note.
 
8.9. The Client is obliged to inspect or carry out the Standardised Inspection immediately after the acceptance with due professional care, and immediately after the delivery of the performance, submit written claims pointing out any defects that have been identified by suchinspection or by the Standardised Inspection. If the Client does not file a written complaint about defects that may be discovered by the acceptance check or Standardised Inspection within 5 days from acceptance of the Performance, it is understood that the Client is liable for the occurrence of the defect unless the Client demonstrates that KIN is liable for the defect. The Client is obligated to claim other defects in writing at KIN without undue delay after having been able to identify them by exercising adequate professional care and due diligence, but no later than by the end of the warranty period. The existence of defects or claimed defects shall not entitle the Client to terminate the Contract, to suspend payments, or terminate fulfilment of any other obligations under the Contract.
 
8.10. In the complaint the Client must always describe how the defects manifest themselves and specify the Client’s requirements for the settlement of the complaint, and attach the Performance identification data (LTE ID) including suitable means of proof (mainly the results of the Standardised Inspection, photographs, samples and possibly other information based on KIN’s request). Any complaint made that does not comply with these conditions or the Contract shall be treated as not filed. KIN is entitled to check the defects complained about on site through its representative, in the presence of the Client, and a report shall always be made on the results of such a check. At the request of KIN, the Client is obliged, in the presence of KIN representatives, to repeat the Standardised Inspection at the Client’s plant in order to demonstrate that the performance is defective. KIN reserves the right to carry out the Standardised Inspection of the Performance with due care at KIN’s factory with the participation of the Client. Should there be a conflict between the results of the Standardised Inspection performed by the Client and the Standardised Inspection performed by KIN, the results of the Standardised Inspection performed by KIN shall be binding on the parties. The cost for transportation of the claimed Performance to the KIN plant and back due to the performance of the Standardised Inspection at KIN shall be borne by the Client, providing that the claim was unjustified.
 
8.11. If a complaint is justified and admitted by KIN in writing, the parties shall agree the adequate method of handling thereof. Unless the parties otherwise agree, KIN shall, at its option, either eliminate the defect by delivery of the Performance free of defects, or grant a price discount. KIN shall notify the Client of the method of handling the complaint after the complaint is assessed. By removing a defect or giving a discount, the complaint shall be regarded as fully settled and the Client shall not be entitled toexercise any additional steps. At the same time the Parties agree expressly that provisions of Sections 1923, 1924, 2615 and 2106 through 2110 of the CC shall not apply.
 
8.12. If the price has already been paid, KIN undertakes to refund the price discount to the Client within 1 (one) month from the date that the agreement regarding the complaint settlement is made. In this case the Client is not entitled to claim default interest. Should the price not be paid in full at the time the agreement on the claim settlement is concluded, the Client is not entitled to unilaterally include or set off the receivable, representing the price discount of Performance, against the receivable of KIN to receive payment for the price of Performance.
 
8.13. In the event that the Client’s claim is unjustified, the Client is obliged to reimburse KIN for all costs incurred in dealing with the claim. The relevant cost shall be determined by KIN pursuant to Annex No. 1 of this document or based on the actual costs acquired by KIN.
9.1. Without restricting other rights and claims of KIN, KIN may terminate the entire Contract, or its part, with immediate effect by a written notice sent to the Client, without holding any obligation towards the Client, if (a) the Client breached its obligations materially, including a breach of the Contract while the Client did not remedy the situation within thirty (30) days after the Client was reminded of the relevant violation by KIN; (b) the Client did not provide sufficient assistance under the Contract, or is otherwise delayed and does not give adequate assurance that it will be able to fulfil its obligations under the Contract timely and duly; (c) the Client went bankrupt or became insolvent and therefore is negotiating with creditors, or a liquidator or a receiver was appointed for the Client, or the Client has initiated similar proceedings, or the Client reduces its business activities, or it becomes apparent that the Client’s business may be closed, or the Client is not able to pay its due debts; (d) the Client uses the results of KIN’s intellectual property illegally. If KIN terminates the Contract due to any of the above reasons, the Client is not entitled to any compensation for related costs and damages. KIN is not entitled to terminate the Contract according to this article if the Client, upon KIN’s request, pays the full price of the Performance without delay, or gives sufficient guarantees for the payment thereof. 
 
9.2. The Client is only entitled to terminate the Contract in the cases described expressly in the Contract or in these conditions.
 
9.3. If the Contract is terminated and the termination is effective, the parties to the Contract shall return everything provided by the other party under the Contract before the termination. If any payments areto be refunded by one party, the other party is not entitled to charge any interest. If documents in hard copy or electronic form were provided together with the goods/component, the Client undertakes to return the documents together with the goods/component, undamaged and complete.

10.1. All contracts forming part of these GTC and the legal relations arising from and related to these contracts shall be subject to the laws of the Czech Republic. Further, rights andobligations not regulated in the Contract / Framework Contract or in these GTC shall be governed in particular by the relevant provisions of the Civil Code.

10.2. Should any dispute arise between the parties to the Contract or Framework Contract in connection with the Contract / Framework Contract, the parties undertake to resolve the dispute in an amicable way. If the dispute cannot be resolved by negotiation, it shall be submitted to the competent court. All disputes arising from these GTC and/or the Contract / Framework Contract shall be resolved and settled before the competent general courts of the Czech Republic and under Czech procedural law. The parties have agreed in accordance with the provisions of Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, that the competent court to decide a dispute between them is the court having local jurisdiction over the registered office of KIN. The governing law is the law of the Czech Republic, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

11.1. Each party shall maintain the strict confidentiality of all information and materials provided by the other party in relation to this Contract, except any information that is generally known, and shall not disclose it to a third party, nor use it inconsistently with the purpose of its provision and for their own need. The parties undertake to take measures to ensure that the duties as stated above should also be fulfilled by their employees and members of bodies, even after their employment or similar relationship terminates. Should the obligations be breached by these persons, the respective party shall be liable for the violation as if the party itself breached the obligation.

11.2. All information provided by KIN in connection with the Contract, as well as all documents or data derived from or based on such information, shall remain KIN’s property, and shall be subject to trade secret. All intellectual property rightscreated during the Performance of the Contract shall become the property of KIN.

12.1. Unless otherwise stipulated in the Contract, all amendments to the Contract shall only be binding if they are in written form and signed by duly authorised representatives of the parties.

12.2. The Contract is and shall be treated as the entire agreement and understanding of the parties in relation to all matters contained herein, and supersedes any previous oral or written statements, negotiations, obligations and representations of any type.

12.3. The Client is not entitled to exercise a right of retention or lien with respect to any property of KIN.

12.4. Each breach of Client’s obligation shall be regarded as a material breach of the Contract, unless otherwise agreed by the parties.

12.5. Any notice that is to be delivered to any of the parties under the Contract shall be in writing, and delivered in person or sent by courier, post or fax to the respective address that was specified for such purpose in the Contract. Any notice submitted under this Contract shall be regarded as received (a) on the day of personal delivery or refusal of receipt upon personal delivery (b) on the first business day in the country where the recipient party is located after sending –if sent by fax, (c) on the day of the delivery if delivered by a courier or by postal services and, if the mail cannot be delivered and providing that it was sent via registered mail to the address of the recipient specified in the Contract or to the address given to the sender in advance in written form then on the 3rd (third) business day after the day of sending, and if sent to an address in a foreign country, then on the 15th (fifteenth) business day after the day of sending.

12.6. Each party may change its address by a written notice sent to the other party. The mailing address cannot be changed more often than every 2 (two) months. Any communication regarding everyday business activities between the parties may be carried out by electronic mail (e-mail).

13.1. For the purposes of these GTC (as well as the Contract and Framework Contract), a business day is understood to be any day (except Saturday and Sunday) on which the banks in Prague (the capital of the Czech Republic) are open.

13.2. Any amendments, modifications and changes to these GTC shall be made in the Contract in written form, including the exact specification regarding the part of the GTC that is to be changed for the particular business case, including the description of the change, and shall be signed by authorised representatives of both parties.

13.3. These General Business Terms and Conditions become valid and effective on the day of their publication by KIN.

In Mladá Vožice, on 2017.

  • Service technician
Work hour of a service technician920CZK
   
Saturday –work hour of a service technician1150CZK
   
Sunday –work hour of a service technician1380CZK
   
State holidays –work hour of a service technician1840CZK
   
Work hour of a service technician –workshop1035CZK
   
Travel expenses –vehicle:  
   
travelling time of a technician633CZK
   
rate per kilometre10CZK
   
flightaccording to documents (flight ticket, airport charges, …) 
   
Accommodationbased on the actual cost incurred –see documents 
 
Note:
• regular operating hoursare from 8 am to 4:30 pm
• beyond regular working hours there is an additional + 10% charge for service hours
• working on Saturday +25%, working on Sunday +50%, working on public holiday +100%
 
  • Service manager
Work hour of a service technician1100CZK
   
Saturday –work hour of a service technician1375CZK
   
Sunday –work hour of a service technician1650CZK
   
State holidays –work hour of a service technician2200CZK
   
Work hour of a service technician –workshop1238CZK
   
Travel expenses –vehicle:  
   
travelling time of a technician756CZK
   
rate per kilometre10CZK
   
flightaccording to documents (flight ticket, airport charges, …) 
   
Accommodationbased on the actual cost incurred –see documents 

 

Note:
• regular operating hours are from 8 am to 4:30 pm
• beyond regular working hours there is an additional + 10% charge for service hours
• working on Saturday +25%, working on Sunday +50%, working on public holiday +100%