Contract and delivery terms
Contract and delivery terms
§ 1 Exclusive validity
FAGUS spol. s.r.o., Container System FAGUS s.r.o. /further related as FAGUS/ supplies, work and offers are carried out exclusively on the basis of these general business conditions; oposite or different conditions of FAGUS contracting partners are not taken into account.
§ 2 Definition
FAGUS space cabins and containers are as to their construction and purpose mobile constructions and not stabile buildings.
If the buyer doesn't agree with this definition, he must stake a written claim before making an order.
§ 3 Compensation and retained payment right
BUYER/RENTER has right to compensation only in case his counter-claims are lawfully made, uncontested or undefended. Besides it, he is entitled to use the right to retain payment only to the extend that his counter-claim is based on the same contractual relation.
§ 4 Force majeure
If the supply or work delay is caused by force majeure or similar events, particulary in case of strikes, lockouts, etc. FAGUS is entitled to change the supply date by the term of lasting obstacles including the necessary time for production start. The same applies to delayed supply by the FAGUS subcontractors.
§ 5 Claim liabitily (additional repairs), liability of indemnity limits
BUYER/RENTER has a waaranty right only if he claims about apparent defects in writing within ten working days after sending date of the containers and in case of later discovered defects within ten days after their discovery. The responsibilities of the sellers pursuant to Code de commerce remain untouched. FAGUS is entitled to make an additional repair or substitute supply.
FAGUS guarantees the construction and technical realization in term of two years from the proper delivery date to the customers. The derogations from this apply to warranties taken by FAGUS for the construction items below:
Electrical wiring and equipment, heating, air conditioning, boilers, mixers, wash-basins, pissoires, shower baths, windows, doors, window blinds, and other special building components - 6 months according to subcontractors' warranties. Other time limits of warranties are possible on the basis of separate negotiations.
The warranty terminates or is limited in following cases:
If the defect is caused by the customer during construction work preparations, non-professional handling by the user, defects occurred during maintainance or because of vandalism.
§ 6 Take over
If the buyer doesn't inform that he insists on take over within 20 working days after a written letter by FAGUS to deliver the finished product, than so called dummy delivery takes place in compliance with Building regulations.
§ 7 Building documentation for order
1. Preparation of a ground plan and base plan and side-views according to the submitted plan
2. Type statics for standard containers
Type: FAGUS length 6058 x width 2438 x height 2800 mm
Type: FAGUS length 6058 x width 2990 x height 2900 mm
3. Thermal calculation according to WSVO 95 for standard containers FAGUS length 6058 x width 2438 x height 2800 mm
4. Big welding certificate in compliance with DIN 18 800 from SLV Munich GmbH
5. Protocol on acoustic insuflation of the outside parts of the building container Type: FAGUS length 6058 x width 2438 x height 2800 mm
These materials are made free of charge when a written order is made. Any other materials can be submitted only after talks with FAGUS and its approval to make them. These materials can be subject to additional charging by FAGUS.
§ 8 BUYER's duty
Arrangement of the building permit. The construction is realised from the bottom edge of the container. FAGUS produces in compliance with current European norms. The BUYER is bound to inform FAGUS about all of the current building regulations in the given area.
§ 8.1 Basement
The customer must ensure the construction of a solid basement according to submitted materials from FAGUS, or from the BUYER according to permitted material. Admittable basement precision tolerance is +- 10 mm.
If the construction of the basement doesn't meet the FAGUS requirements, FAGUS has right to refuse to carry out the assemly work until the defects are removed.. Such extra expences are to be payed by the BUYER. The BUYER is also responsible that the constructed basement is to be made exactly in accordance with the requirements of current norms for lower basement structures.
In respect of the character of supplied construction the BUYER must also ensure satisfactory insuflation of the area between basement segment and the floor of the building and balanced venting of the space between the basement and the floor. The rainwater that gets into this area must be lead aside the segments into sewage.
§ 8.2 Assembly
The BUYER prepares a crane, electric line with the necessary output 10m from the construction itself, water and waste connections, WC-cabin and container for waste material.
The BUYER also ensures the free of charge use of a scaffolding for the plaster, attic, etc. realization, if necessary.
It is BUYER'S duty to ensure a trouble free approach of the FAGUS stuff to the construction site.
If the FAGUS construction works are limited by other firms' works, a protocol on the state of outputs will be made on demand of FAGUS, so that the potential damages caused by other firms can be demanded from the BUYER. Internal space of the container is sold ceaned by FAGUS.
Water and electricity connections must be prepared by the BUYER on the last assembly day at the latest so that the sanitary and heating lines as well as electrical installation can be checked.
In other case the expences connected with the drive to possible warranty repair will be charged.
Auditor's report making on electrical installation is always carried out as a work from the customer's side.
§ 8.3 Doprava
The BUYER must ensure the approach to the construction site without problems so that the containers delivery can be realised. The BUYER is supposed to check properly the containers after delivery and mark all of the possible defects in the delivery note, make photos of the defects and have everything confirmed by the driver.. That way the “confirmance“ for the carrier is ensured and FAGUS can stake claims in case of defects caused by transport from the carrier.
§ 8.4 Pokyny k údržbě a používání
V modulárních sestavách musí být stále dodržována stabilní vnitřní teplota bez velkých teplotních rozdílů ve dne a v noci. Budovy musí být rovněž dostatečně větrány. Střecha musí být pravidelně ze strany zákazníka čištěna /např. od listí /, aby nedošlo k zanesení svodů.
§ 9 Úroky z prodlení
Při zpoždění platby OBJEDNATELE je FAGUS oprávněn požadovat úroky z prodlení ve výši stanovené Smlouvou o dílo.
Incase of proving higher damages caused by the delay FAGUS is entitled to claim it. The BUYER is entitled to prove lower damages.
§ 10 Cena díla
Negotiated prices are without VAT, which is staded separately on the invoice for the BUYER Payable period starts on the date of the goods delivery to the BUYER. Conditions of payment will be stated separately in the contract.
§ 11 Výhrada vlastnictví
Ownership of the purchased item gets to the BUYER only after meeting all of the requirements of the contract. The BUYER must immediately inform FAGUS in writing about seizure of the bought item or the third party intervention as well as to prepare the necessary information to counteract the attack. The BUYER is not entitled to sell the item in exclusive ownership or to dispose of it any other way. In case of the causes not respecting the contract, especially late payments, FAGUS is entitled to take back the item of delivery. The BUYER is bound to hand it over.
§ 12 Ochranné právo
In case of protection rights breaking, including copyright the BUYER is responsible for all of the direct and indirect damages to FAGUS.
§ 13 Zachování tajemství
FAGUS reserves the ownership right as well as copyright on all of the designs, calculations and other submitted materials for the realization of the order. The BUYER is obliged to keep in secret all of the confidential information recieved from FAGUS regarding this contractual relation and not to hand it to the third party until the information is explicitly released by FAGUS or it is generally known by the BUYER without breaking this duty. The BUYER will not use the confidential information apart the contractual relation or for other purposes.
§ 14 Odchylná ujednání
With the exception of the enployees noted in the business register as entitled to represent, none of the FAGUS staff has a mandate to conclude oral side agreements related to the contents of the written contract and these General business conditions.
§ 15 Místo soudu
If the BUYER is an unterpreneur registered in the business register, a corporate entity under the public law or public special property, Brno is the exclusive venue for all of the pleas directly or indirectly based on the contractual relation.
II. Special provisions for rental contracts
§16 Rent term
The term of rent starts with the delivery of a subject- matter of the rent to an agreed place. If a fixed rental term is not agreed or if it is prolonged for unspecified period, the rental relation can be recalled in case of containers with a time-limit of 8 days, in case of equipment consisting of more than two units the time-limit of 14 days.
It is necessary to pay the rent always on the first working day without any deductions in advance. If the rent term is not agreed or it is prolonged to unspecified period, entire monthly rent has to be payed. In case of an unfinished month accounting according to the decisive day at full account of the day of returning follows.
§18 Late payments
In case of late payments by the renter we are entitled to terminate the rental contract immediately without any special warning, carry away the subjects of rent and require indemnification caused by not meeting the contract, if the renter doesn't completely pay the rent in 10 days after request for payment. The same rule applies if the renter is late with the rent payment in two subsequent terms or if the total amount equals the rent for two months. If a fixed rent term is agreed, we can also ask for a preliminary payment - deposit for the remaining rent term at a maximum of twelve monthly rents, instead of termination and indemnification.
§ 19 Warranty
In case of the delivery of subject-matters of the rent, that are rented with movables, we are not bond to supply possibly missing or defective parts of the equipment which do not harm the use of the whole thing. Warranty rights of the renter are limited by this to reduced prices of rent in reasonable level.
§ 20 The preparation of the take over and delivery place
It is renter's duty to provide the necessary conditions for proper take over and delivery of the supply to the site. The renter must prepare a special solid ground (timbered basement, basement with steel or concrete girders) and ensure that a high-tonnage truck can get directly to the site during delivery. The renter must ensure two assistants for unloading and loading, as well as ensure a public permit for the construcion if necessary. The costs of delay caused by unpropper preparation of the planned site or waiting time of the truck and assembly stuff within the delivery are payed by the renter.
§21 Form and construction alterations
The alterations of construction and form - even after making the contract - remain excluded, if the function and look of the rented item is not changed substantially and the different item is admitable for the renter.
§22 Delivery protocol (the note on delivery)
During delivery and return of the item of rent the renter is entitled to ask for a delivery protocol on the state of the item of rent and completeness of the inventory that must be signed by both contracting parties.
§23 Insuarance policy
It is rentor's duty to insure the subject- matter of the rent in a satisfactory way at his own expence against vandalism, fire and water damages, burglary and to conclude a legal liability insuarance for the item of rent. We are entitled to ask the renter to show us the insuarance documents to prove the concluding of insuarance. If the insuarance documentation is not submitted in 30 days after receiving the notice, we are entitled either to conclude the insuarance contract at the renter's expence or to terminate the contract immediately.
§24 Special termination
Both contracting parties are entitled to terminate the rental contract immediately in case of serious reasons. We particularly consider such events to be serious reasons: if the renter doesn't prove the insuarance policy, if the renter is unable to pay or he stops the payment, is in the state of bankruptcy as a result of the court's decision or some other way, or if the renter's property is under extrajudicial or judicial settlement proceedings, distraint, competitive examinations, or insolvency statement; if the renter ends his (permanent) stay in the Czech republic. If the renter is responsible for the cause of the termination we are entitled to demand indemnification of 2 monthly rents at least. The indemnification may be higher if we prove higher damages, or lower if the renter proves lower damages.
§25 Handling the subject-matter of the rent
The subject matter of the rent is built on the agreed site. The connection of the subject-matter of the rent with the basement or floor, or with a building or installations, is only temporary for a period of the rent term. Building alterations, additional annexes or similar provisions affecting the building substance of the subject- matter of the rent, transering to other site (at the renter's expence and risk) or the transfer of the subject- matter of the rent to the third party is possible only in case we express our approval before the realization itself. The renter must maintain the subject- matter of the rent in the state noted down by the rental contract at his own expence, in particular it is his duty to provide maintainance and the repairs of its look, and must protect the eaves and the roof against leaves and other stuff. Our trademark cannot be replaced or covered.
§26 Final cleaning
The subject- matters of the rent must be returned when the rental contract is terminated cleaned of thick and unusual dirts. Final cleaning is carried out by us within lump accounting for final cleaning. This applies only in case of expected dirt with a view of the purpose of the use. Thus we remain entitled to charge additional extra expences on cleaning.