General Terms and Conditions for the Supply of Products by PKS servis spol. s r.o.

Version effective from 1 September 2024

I. Application of Supplier Terms

1.     These supplier terms govern the contractual terms for the delivery of goods and services by the supplier to the customer. The supplier is PKS servis spol. s r.o., with its registered office at Mostárenská 2912/52, Vítkovice, 703 00 Ostrava, Czech Republic, Company ID: 25378341, VAT ID: CZ25378341, registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File No. 16719. The customer is any legal or natural person authorized to conduct business and who enters into a contractual relationship with PKS servis spol. s r.o. by the means described herein or otherwise, where the person undertakes to receive goods or services from the supplier. Legal successors or supplier-approved assignees are also considered customers. Consumers are considered customers under Article IX of these terms.

2.     These terms form an integral part of all contracts between the supplier and customer involving the delivery of goods or services (the "product"). Along with the contract, they constitute the full agreement, and the customer's own general terms shall not apply. The customer must review, accept, and comply with these terms and any changes thereto.

3.     The parties declare that commercial practices, whether general or industry-specific, do not take precedence over the non-mandatory provisions of the Civil Code.

II. Contract

4.     Product presentations on www.pks-servis.cz are informational only and not binding offers. They are invitations to make an offer. The presumption under §1732(2) of the Civil Code does not apply.

5.     Product details and prices displayed on the website are valid as long as shown but do not preclude individual agreements.

6.     Packaging and delivery costs listed on the website apply only to deliveries within the EU.

7.     An order placed by the customer constitutes a proposal to conclude a contract. The order form includes:

o   a) Product information (added to the cart),

o   b) Payment method and delivery details,

o   c) Delivery cost information.

8.     The customer can review and modify order details before submitting. The order is binding when submitted via the “order with obligation to pay” button. The supplier confirms receipt by email. This is not acceptance of the contract. Invalid contact details may void the order.

9.     The supplier may request additional confirmation if the order changes significantly or in justified cases such as repeated non-payment or non-collection.

10.  The contract is concluded upon acceptance of the order by the supplier via email.

11.  The supplier’s acceptance includes all terms and agreed documents.

12.  The customer agrees to use remote communication for the contract. Associated costs are borne by the customer.

III. Contractual Price and Payment Terms

13.  The customer shall pay the contractual price as agreed. The customer is responsible for permits, duties, and licenses for non-Czech deliveries. Over-delivered products must be paid for. The customer assumes risk of changed circumstances (§1765(2), §2620(2) Civil Code). Prices exclude VAT unless otherwise stated.

14.  Unless agreed otherwise, payment is due as:

·       (i) 100% advance upon contract conclusion (proforma invoice),

·       (ii) 100% cash upon product collection (invoice issued at handover).

15.  Payments must be made via bank transfer. The default due date is 7 calendar days from invoice issuance unless stated otherwise.

16.  The customer may not withhold payment due to defects or claims.

17.  In case of late payment:

·       (i) 0.05% daily penalty applies,

·       (ii) The supplier may suspend performance and claim damages,

·       (iii) After 30 days overdue, the supplier may withdraw from the contract and claim losses.

IV. Product Specifications and Handling of Documentation

18.  The supplier delivers the product in the quality and specification stated in the contract. Otherwise, standard quality for the supplier's country applies.

19.  Product documentation or pricing data are binding only if referenced in the contract.

20.  Only documents expressly listed in the contract (certificates, declarations of conformity) are provided. Production drawings are excluded.

21.  Provided documentation may be used only for product operation or as agreed. The supplier retains all intellectual property rights.

V. Delivery and Inspection of the Product

22.  Unless agreed otherwise, delivery takes place at the supplier’s address under EXW INCOTERMS 2020.

23.  Delivery shall occur on business days, 7:00–15:30, unless the deadline falls on a public holiday, in which case it moves to the next working day.

24.  Delayed delivery attributable solely to the supplier entitles the customer to a 0.05% penalty per day of delay, up to 5% of the price.

25.  Delivery may be made in partial shipments unless otherwise agreed.

26.  The customer must inspect the product promptly after transfer of risk.

27.  For personal collection, defects must be reported immediately at the place of sale.

28.  For courier deliveries, the customer must report any defects within 3 business days and provide a signed damage protocol.

29.  The customer may not use the product before formal acceptance. Use without permission is deemed acceptance, and warranty and inspection rights lapse.

VI. Installation

30.  Where installation is included, the customer must inform the supplier in advance about all safety rules and ensure a safe and suitable environment (temperature, dust, lighting, etc.).

31.  The customer must provide full cooperation for installation and training if applicable.

32.  Both parties designate responsible personnel for installation coordination.

33.  Failure to meet the obligations of this section results in the customer reimbursing any costs incurred by the supplier.

VII. Defective Performance and Warranty

34.  Rights and duties regarding defects follow the Civil Code (§1914–1925, §2099–2117, §2161–2174).

35.  These provisions do not apply to discounted goods with known defects, normal wear and tear, or used goods with defects proportional to use.

36.  The supplier guarantees freedom from hidden defects for 12 months unless otherwise stated or required by law. Warranty applies under normal use conditions.

37.  Defects must be reported:

·       (i) Within 24 hours if safety or third-party property is at risk,

·       (ii) Within 7 calendar days otherwise,
and no later than the last day of the warranty period. Late reporting voids all rights.

38.  Claims must be submitted at the supplier’s address unless otherwise stated in the warranty.

39.  Valid defects will be resolved within an agreed timeframe, at the supplier’s discretion: repair, replacement part, or full product replacement. Difficult-to-resolve defects may be compensated by a price reduction. No self-repair is permitted without written approval.

40.  The customer must provide full cooperation for defect resolution.

41.  The supplier is not liable for quantity or visible defects unless noted during initial inspection.

VIII. Suspension of the Contract and Limitation of Liability

42.  The supplier may suspend performance if the customer's solvency is in doubt or if stated in the contract. No delay is considered during suspension. The supplier may recover all related costs.

43.  Total predictable damages, including penalties, are limited to 20% of the contractual price (excluding VAT). This limitation does not apply to intentional or grossly negligent conduct.

44.  Contractual penalties are the customer's sole remedy. Force majeure excludes penalties.

IX. Withdrawal from a Consumer Contract

45.  A consumer who concludes the contract remotely or outside the supplier's premises may withdraw within 14 daysof delivery without stating a reason. Exceptions under §1837 of the Civil Code apply.

46.  A withdrawal form is attached and also available online:
Withdrawal Form

47.  Withdrawal may be submitted in writing, by email (from the ordering email), or via data message.

48.  Return shipping costs are borne by the customer.

49.  The supplier refunds the purchase price (minus lowest delivery cost) within 14 days after receiving the returned product, via bank transfer.

50.  Return via cash on delivery (COD) is not permitted.

X. Personal Data Protection

51.  The supplier processes the customer's personal data in connection with the contract. Full information is provided in a separate document titled "Personal Data Protection", available here:
Privacy Policy

52.  Supplier Contact Details:
PKS servis spol. s r.o.
Mostárenská 2912/52
Vítkovice, 703 00 Ostrava
ID: 25378341, VAT: CZ25378341
Registered: Regional Court in Ostrava, Section C, File 16719
Email: pks@pks-servis.cz
Phone: +420 556 205 351

XI. Other Provisions

53.  Czech law applies. Unregulated matters follow the Civil Code.

54.  All disputes shall be resolved by the court with jurisdiction over the supplier's registered office, subject to Czech law and jurisdiction.

55.  The customer may not offset any claims against those of the supplier unless otherwise agreed.

56.  Contract amendments must be made in writing via numbered, dated addenda signed by both parties.

57.  The customer may not assign the contract or related rights/obligations to third parties without written consent. This does not apply to legal successors.

58.  The customer undertakes not to export, sell, or provide any items supplied under the contract in breach of U.S., EU, or Czech export regulations, including but not limited to Council Regulations (EU) 833/2014, 263/2022, 765/2006, and 269/2014.

59.  The customer may not exercise any retention rights over the product or documentation without prior written consent.

60.  The supplier may amend these terms at any time by publishing an updated version on its website. Newly concluded contracts are governed by the latest version.

61.  These supplier terms are effective from 31 October 2024.