General Terms and Conditions of AB Jet spol. s r.o.
I. Introductory Provisions
- All business transactions of AB Jet spol. s r.o. (hereinafter referred to as the “Supplier”) shall be governed exclusively by the following Terms and Conditions, which form an integral part of all contracts, offers, and order confirmations issued by the Supplier.
- These General Terms and Conditions regulate the rights and obligations of the Supplier and the Customer.
- These Terms and Conditions shall become effective on the date of their publication on the website of AB Jet spol. s r.o. at: www.abjet.cz/vop.htm
- All legal relationships between the Supplier and the Customer not regulated by these General Terms and Conditions shall be governed by the relevant provisions of the Civil Code.
II. Scope of Supply of Goods and Work Performance (Work)
- The scope of the supply of goods or work by the Supplier shall be determined by a mutually agreed written contract, which may also be concluded in the form of:
a) A written offer issued by the Supplier and confirmed in writing by the Customer.
b) An oral or written (including email) order of the Customer confirmed in writing (accepted) by the Supplier.
- Any changes to the scope of supply or work must be made in writing.
- Any arrangements contained in prior correspondence between the parties or in prior oral negotiations shall become invalid upon conclusion of the contract pursuant to Article II, paragraph 1 of these General Terms and Conditions.
- The order must contain at least:
a) Identification details of the Customer, especially name, business name or company name, registered office, residence or place of business, identification number, birth number and tax identification number, contact details of the Customer (telephone, email address), and the contact person authorized to act on behalf of the Customer.
b) Required scope of supply of goods or work.
c) Price of the requested supply of goods or work and the method of payment.
d) Delivery terms (if not specified, it shall be deemed that the goods will be collected by the Customer at the Supplier’s premises).
e) Delivery date of the goods or work.
If the order does not contain the particulars specified above, it shall be considered incomplete by the Supplier, and the Supplier shall attempt to contact the Customer and request clarification or completion of the order.
- If the Supplier is unable to accept the order issued by the Customer, the Supplier shall attempt to contact the Customer and inform them of the reasons why the order cannot be accepted and the conditions under which it could be accepted. If the Customer agrees to the conditions under which the Supplier is willing to accept the order, the Customer shall issue a new order to the Supplier in accordance with the communicated conditions.
III. Basic Contractual Rights and Obligations
- The Supplier undertakes to deliver the goods to the Customer according to the order and Article II, paragraph 1 of these General Terms and Conditions.
- The Customer undertakes to pay the Supplier for the delivered goods or completed work in the amount specified in the contract concluded pursuant to Article II, paragraph 1 of these General Terms and Conditions.
IV. Prices and Payment Terms
- The price of the supply of goods or work shall be determined by the contract pursuant to Article II, paragraph 1.
- As a VAT payer, the Supplier is entitled to charge VAT at the statutory rate to the price of the supplied goods or work.
- Unless agreed otherwise, prices are determined on the EXW parity at the Supplier’s premises – INCOTERMS 2020, excluding packaging.
- The Supplier is entitled to issue a tax document according to the actual quantity of goods or work delivered.
- The Customer shall pay the price based on a tax document (hereinafter referred to as the “Invoice”) issued by the Supplier. The due date is stated on the Invoice. In the case of cash payment, the price is due upon delivery of the goods or work.
- The date of payment shall be deemed the date on which the funds are credited to the Supplier’s account.
- Failure by the Customer to pay properly and on time shall constitute a material breach of contract.
- The Supplier is entitled to request payment of an advance of up to 100% of the price including VAT for the supply of goods or work. For this purpose, the Supplier shall issue an advance invoice(s).
- The method of payment shall be determined in the contract pursuant to Article II, paragraph 1 of these General Terms and Conditions. If not specified otherwise, the Customer shall pay the price:
a) in cash upon delivery of the goods or work, or
b) subject to the Supplier’s approval, by bank transfer to the Supplier’s account within the due date stated on the Supplier’s Invoice, but no later than 30 days from the date of issue of the Invoice.
- The Customer is not entitled to withhold the price for the supply of goods or work or any part thereof. The Customer is not entitled to offset against the Supplier’s claim for payment of the price any claim the Customer may have against the Supplier.
- The Supplier is entitled to refuse an order or suspend delivery of goods or work to a Customer who is in default with payment of their monetary obligations towards the Supplier.
V. Delivery Time of Goods or Work
- The confirmation of the order shall be decisive for the delivery period of goods or work by the Supplier. Compliance with the delivery period is conditional upon timely delivery of all documentation, timely clarification of technical issues, compliance with payment terms, and other necessary cooperation or obligations of the Customer.
- If these conditions are not fulfilled in time, the delivery period shall be reasonably extended, or the Supplier shall have the right to withdraw from the contract and the Customer shall reimburse the Supplier for the incurred costs.
- The delivery period shall be considered fulfilled if the goods or work are collected within the delivery/performance period, or if the Supplier notifies the Customer that the goods or work are ready for collection. If delivery is delayed for reasons caused by the Customer, the delivery period shall be deemed fulfilled upon notification of readiness for collection within the agreed period.
- If failure to comply with the delivery period is demonstrably caused by force majeure, the delivery period shall be reasonably extended. If the delivery period is subsequently changed, the new delivery period shall apply and may be extended by the time required to implement necessary changes.
- If failure to comply with the delivery period is caused by reasons other than those stated above, the Customer may – provided they credibly prove that damage has arisen due to the delay – demand liquidated damages for each completed week of delay in the amount of 0.05% up to a maximum of 5% of the value of the part of the goods or work delivered late or which could not be effectively used due to the delayed completion.
- The Customer may claim liquidated damages for delay only for the period beginning on the first day following the unsuccessful expiry of the performance deadline.
- If the price or part thereof is paid on the basis of an advance invoice issued after conclusion of the contract, the Supplier shall not be obliged to perform until the full invoiced amount has been credited to its account. During this period, the Supplier shall not be deemed in delay with performance.
VI. Transfer of Risk
- All risks shall pass to the Customer at the moment the delivery of goods is completed, i.e. on the date of delivery of the Supplier’s notice.
2. The risk shall also pass to the Customer:
a) In the case of goods or work to be packed and transported by the Supplier, on the date of dispatch. Packaging must be carried out carefully. Upon the Customer’s request, the Supplier shall arrange shipment.
b) If collection or shipment of the goods or work is delayed at the Customer’s request, on the date of delivery of the Customer’s request for postponement of collection or shipment.
VII. Acceptance of Goods or Work
- The Customer shall accept the goods or work even if they show minor defects.
- Acceptance of the goods or work shall be confirmed to the Supplier by the Customer in writing.
- Partial and early deliveries are permitted.
VIII. Liability for Defects and Warranty
- The Supplier provides the Customer with a warranty period of 24 months for the goods or work.
- The Supplier shall not be liable for defects in the supplied goods or work caused by defective material supplied by the Customer for processing.
- Liability for defects in delivered goods or work shall be governed by the provisions of the Civil Code.
- The Supplier shall be released from liability unless the Customer asserts claims regarding defects without undue delay after discovering them, but no later than within the following periods:
a) Visible defects in the supplied goods or work immediately upon acceptance and quantity defects within 7 days from acceptance of the goods.
b) Other defects in the supplied goods or work no later than 30 days from acceptance of the delivery.
- The Customer shall notify defects in writing. The complaint must include documents proving the legitimacy of the claim.
- A prerequisite for settlement of a complaint by the Supplier is that the Customer has fulfilled all obligations incumbent upon them, including agreed payment terms according to the order confirmation.
- The Customer shall provide the Supplier with the opportunity and necessary time to remedy defects. If the Customer fails to do so, they lose the right to assert warranty claims and complaints, and the warranty expires. After filing a complaint and until completion of the complaint procedure, the Customer may not dispose of the goods concerned without the Supplier’s consent, otherwise the warranty expires.
- If the period set by the Supplier for handling the complaint expires without remedying the defects, the parties shall agree on further procedure.
- The warranty does not cover natural wear and tear, or damage caused after transfer of risk by improper or negligent handling, excessive demands, unsuitable operating conditions, defective construction work, unsuitable foundation soil, or chemical/electrical influences not anticipated by the contract.
- If the Customer or a third party intervenes through unprofessional modifications or repair work, the Customer shall lose warranty claims and bear the resulting consequences.
- If the Supplier acknowledges a justified complaint, the Supplier undertakes to:
a) remove repairable defects within three months from the complaint,
b) deliver missing goods or parts of the work within six months from the complaint,
c) provide a discount from the price of the supplied goods or work within three months from the complaint if the defect is irreparable.
Withdrawal from the contract due to irreparable defects is only possible upon mutual agreement between the Supplier and the Customer.
- The warranty period shall be extended by the period beginning on the date the Customer files the complaint until the date the complaint is settled in the manner specified in this Article.
IX. Amendment and Termination of Contract
- Amendment of the contract pursuant to Article II, paragraph 1 of these Terms and Conditions is possible only in the manner specified in Article II, paragraph 1.
- In addition to the cases specified in these Terms and Conditions, the Supplier is entitled to withdraw from the contract if the Customer is in delay with payment obligations for more than 10 days after the due date.
- In addition to the cases specified in these Terms and Conditions, the Customer is entitled to withdraw from the contract if the Supplier is in delay with delivery of goods or work for more than 30 days after expiry of the delivery period.
X. Penalties and Contractual Fines
- The Supplier is entitled to charge the Customer a contractual penalty of 0.05% for each day of delay in payment of an Invoice or advance Invoice. This shall not affect other claims of the Supplier, including claims for contractual penalties and damages.
XI. Other Rights and Obligations
- Unless agreed otherwise, the Supplier shall return to the Customer the remaining processed material supplied by the Customer and used for completion of the work.
- Unless agreed otherwise, the Supplier is not obliged to return project documentation (drawing documentation) to the Customer and shall dispose of it.
- The Customer shall inform the Supplier if the material supplied for execution of the work contains substances or properties hazardous to human health or dangerous substances. The Customer shall also inform the Supplier of special instructions for fire-fighting measures, handling, storage, and disposal of such substances or residues. In the case of hazardous substances, the Customer is obliged to explicitly notify the Supplier and provide safety data sheets for such materials without being requested to do so.
XII. Final Provisions
- These General Terms and Conditions became effective on 15 May 2026.
- These General Terms and Conditions form an integral part of the contract pursuant to Article II, paragraph 1 of these Terms and Conditions. If the contract between the parties, i.e. the Supplier and the Customer, differs in content from these General Terms and Conditions, the provisions of the contract shall prevail over the differing provisions contained in these General Terms and Conditions.