ORIGIN OF PURCHASE CONTRACT
Purchase contract in written form concludes a mutual agreement of the contracting parties as regards its content. Purchase contract is also formed by means of confirming a binding order of the purchaser to the selling party at least within 14 days prior to the required fulfilment date. It is generally considered that the order is delivered on the third day upon sending in case of using mail, or on the same day in case of using fax or e-shop order.
The purchaser is bound with his proposal for 8 days from delivering it to the seller. During 8 days, it is necessary to accept (confirm order) by the seller otherwise the contract is void. Any changes in the content of the contractual agreements against the delivered and confirmed contract proposal are considered counterproposal, and it also requires 8 days for confirmation (this also applies to the conformation of lower amount of goods than originally ordered.)
The price for goods is agreed as a contractual price and is considered EXW HYDROMA, Ltd., Uhersky Brod, unless agreed otherwise. The price agreement is formed by means of confirming the order by the purchaser to the seller with price specification per unit of goods, or concluding an independent purchase contract. If the purchase terminates the contract, the purchase undertakes to compensate the seller for resulting damages within an agreed deadline and amount of real costs, at least 30% of the goods price.
The seller will issue an invoice to the purchaser in relation to the delivery sheet and send by mail to the purchaser\'s address unless delivered with the goods. The invoice will include the order number, potentially number of purchase contract additionally to the general information. The purchaser is obliged to pay the invoice within 14 days from the invoice issue to the seller, unless agreed otherwise. The purchase price is considered paid on the day of receiving the amount in the seller\'s account. If the purchaser is in delay with invoice payment, the seller is entitled to an interest from delay at the amount of 0,05% for each completed day of the delay as per provision § 369 and 502 Commercial Code.
ACQUISITION OF OWNERSHIP RIGHT
The purchaser receives the ownership right for the goods upon paying its full price (ownership reservation). While the goods are still owned by HYDROMA, Ltd., the client is not entitled to award rights to any third parties in relation to the goods in question. The client is obliged to handle the goods delivered under the ownership reservation, with due care considering the goods belongs to HYDROMA, Ltd.
In case the client fails to fulfil his obligation, including financial insolvency, HYDROMA, Ltd., is entitled to take the delivered goods back under the ownership reservation, and which is still held by the client, without restricting rights of HYDROMA, Ltd. The client herewith undertakes to irreversibly authorize the representative of HYDROMA, Ltd., for the goods removal.
FINAL AND GENERAL PROVISIONS
In compliance with provision § 273 clause 2 of the Commercial Code, agreements in the contract which differ from these business terms take precedence. The commercial terms specify in detail the position, rights and obligations of the seller and purchaser during the contract conclusion for supplies from HYDROMA, Ltd., by means of simpler form of order confirmation. In case of contract conclusion in a written form, the commercial terms will apply only in cases where specified by the purchase contract.