Terms and Conditions of Sale
1. BASIC
PROVISIONS
These Terms and Conditions (hereinafter referred to as "TC") of the
company Admiteq CZ, spol. s r.o., with its registered office at
Dolnoměcholupská 1418/12, Prague 15 - Hostivař, 102 00, Company ID No.
23499338, registered in the Commercial Register maintained by the Municipal
Court in Prague, Section C, Insert No. 428178 (hereinafter referred to as
"Admiteq CZ"),
govern the mutual rights and obligations of the contracting parties arising in
connection with or based on a purchase agreement (hereinafter referred to as
the "Agreement") concluded between Admiteq CZ as the seller and
another natural or legal person (hereinafter referred to as the
"Buyer") for the purpose of delivering goods or services (hereinafter
referred to as the "Goods") to the Buyer.
Any deviating provisions in an individual Agreement shall take precedence over
these TC. The Buyer's terms and conditions are not part of the Agreement, even
if not expressly rejected by Admiteq CZ. Terms stated in the Buyer's order or
other documents that conflict with the Agreement or these TC, or that
supplement or modify them, shall not be valid unless expressly approved in
writing by Admiteq CZ.
Admiteq CZ reserves the right to unilaterally amend the TC; this does not
affect rights and obligations arising prior to the effective date of such
changes.
2.
CONCLUSION OF THE AGREEMENT
Goods are offered for sale by Admiteq CZ based on the following documents,
listed in order of priority:
a) Agreement;
b) Price offer or proposal by Admiteq CZ;
c) Supplementary terms and conditions for specific Goods;
d) Terms and Conditions (TC).
The
Agreement is concluded by:
- Notification of acceptance of the Buyer's order by Admiteq CZ without any additions, reservations, limitations, or other changes;
- Notification of acceptance of Admiteq CZ's offer by the Buyer without any additions, reservations, limitations, or other changes;
- Acceptance of the Goods by the Buyer and confirmation of receipt or payment of the purchase price to Admiteq CZ, if the Agreement was not concluded under the previous points.
By placing an order or confirming an offer from Admiteq CZ, the Buyer confirms that they have duly read these TC and expressly and unreservedly agree to them.
The Buyer's order must include at least:
- Identification of the Buyer;
- Reference to Admiteq CZ's offer;
- Specification of the Goods;
- Price, if known;
- Requested delivery date;
- Contact details of the person acting on behalf of the Buyer.
Written form includes email communication.
3. PRICE
AND PAYMENT TERMS
The price of the Goods, the time and method of payment shall be determined by
the Agreement. The price is payable by bank transfer to the account of Admiteq
CZ specified on the tax document.
The price does not include taxes, fees, packaging, or insurance unless
otherwise agreed in writing. The Buyer may submit a tax exemption certificate.
Admiteq CZ is not obliged to arrange insurance for the benefit of the Buyer
unless requested.
The Buyer is not entitled to offset claims against Admiteq CZ. In case of
shipment delay caused by the Buyer, the price becomes due from the date the
Goods are ready for dispatch.
In case of late payment, the Buyer shall pay default interest of 21% per annum,
charged monthly.
In case of delay in acceptance or payment, Admiteq CZ has the right to sell the
Goods after providing an additional period.
Admiteq CZ is not obliged to perform if the Buyer is in default with any
payment or obligation.
4.
WARRANTY
Admiteq CZ guarantees that the Goods will be free from defects if operational
and maintenance instructions are followed.
The warranty period is 1 year from receipt. The warranty does not cover defects caused by:
- Improper use, maintenance, or installation;
- Specifications provided by the Buyer;
- Use of non-original parts;
- Normal wear and tear;
- Damage after dispatch, unless caused by a defect.
Use of
unauthorized parts voids the warranty.
The warranty is conditional upon proper and timely payment of the price.
Admiteq CZ may, at its discretion, reimburse return shipping costs.
In case of breach of warranty, Admiteq CZ may repair, replace, or refund the
price. After the warranty period, the Goods may be deemed obsolete.
The Buyer agrees that no other warranties (express or implied) are part of the
Agreement.
5.
OWNERSHIP AND RISK OF DAMAGE
Ownership of the Goods passes to the Buyer only after full payment. The Buyer
undertakes not to damage the Goods before acquiring ownership. Risk of damage
passes to the Buyer upon handover to the carrier.
6. DELAY
IN PERFORMANCE
Delivery times are indicative. Admiteq CZ is not liable for delays caused by
circumstances beyond its control (e.g., natural disasters, malfunctions,
supplier delays). In such cases, the terms of the Agreement shall be adjusted.
7.
PROTECTED INFORMATION
The Buyer undertakes to treat all data such as specifications, drawings,
software, and other information from Admiteq CZ (including designs, reports,
software documentation, manuals, models, technological procedures, etc.) as
confidential or protected information. The Buyer must protect such information
with at least the same level of care and security measures as used for its own
confidential information, but in any case with reasonable care, regardless of
whether the information is explicitly marked as confidential or protected.
The Buyer may use such information solely to fulfill obligations to Admiteq CZ
and may not copy, disclose to third parties, or otherwise use it without prior
written consent.
The above obligations do not apply to information that:
- Is publicly available or becomes publicly available without breach of this Agreement;
- Is lawfully obtained by the Buyer from a third party without confidentiality obligations, provided the third party is not bound by a contractual or other obligation preventing disclosure;
- Is independently developed by the Buyer without using information obtained from Admiteq CZ, which must be documented in writing.
The Buyer
further agrees to promptly return or destroy all documents, copies, notes, and
other materials (including electronic) containing confidential or protected
information upon written request from Admiteq CZ.
Restrictions and obligations regarding Admiteq CZ's confidential or protected
information remain valid for seven (7) years from the delivery of the Goods.
8.
CONTRACTUAL PENALTY
In case of breach of confidentiality or unauthorized handling of confidential
information under this article, the Buyer shall pay Admiteq CZ a contractual
penalty of CZK 100,000 for each individual breach. This does not affect Admiteq
CZ's right to full compensation for damages incurred as a result of such
breach.
9.
PERSONAL DATA PROTECTION (GDPR)
Admiteq CZ processes the Buyer's personal data in accordance with Regulation
(EU) 2016/679 of the European Parliament and of the Council (General Data
Protection Regulation – GDPR) and applicable laws of the Czech Republic.
Personal data is processed for the purposes of fulfilling the Agreement,
accounting, compliance with legal obligations, and potentially for the
legitimate interests of Admiteq CZ.
The Buyer acknowledges that their personal data may be shared with third parties
(e.g., carriers, accountants, legal advisors) solely for the purposes stated
above. The Buyer has the right to access their personal data, rectify it, erase
it, restrict processing, data portability, and the right to lodge a complaint
with a supervisory authority.
Detailed information on personal data processing is available on the Admiteq CZ
website or upon request.
10.
INFRINGEMENT OF PATENT RIGHTS
Admiteq CZ shall not be liable for any infringement of patent or similar rights
resulting from the manufacture or marketing of products made wholly or
partially using the Goods. In the case of Goods manufactured according to
designs provided by the Buyer, the Buyer undertakes to indemnify Admiteq CZ
against any claims, demands, or legal actions brought or conducted against
Admiteq CZ due to alleged infringement of third-party rights.
11.
PACKAGING AND SHIPPING
Goods are packaged in accordance with standard commercial practices for
domestic and international shipments. All shipping charges are borne by the
Buyer. The carrier is selected by Admiteq CZ unless otherwise agreed. Any space
reservation on a ship for sea transport and marine insurance is the
responsibility of the Buyer.
12.
COMPLIANCE WITH LEGAL REGULATIONS
Goods are manufactured in accordance with the laws and regulations of the
country of manufacture valid at the time of production. Compliance with
regulations regarding the use of the Goods at the place of use is the
responsibility of the Buyer.
13.
GOVERNING LAW
The legal relationship arising from the Agreement shall be governed by the laws
of the Czech Republic, and any disputes shall be resolved by the competent
court in the Czech Republic in the jurisdiction where Admiteq CZ has its
registered office.
14.
LIMITATION OF LIABILITY
Neither Admiteq CZ nor the Buyer shall be liable for loss of profit, loss due
to business closure, inability to operate, increased operating costs, costs of
obtaining funds, inability to use equipment, loss of capital or revenue, or any
other economic or consequential losses or damages, regardless of whether the
claim arises from the Agreement, tort (including negligence), strict liability,
or any other legal basis.
Any claims arising from breach of contract, tort (including negligence), strict
liability, breach of warranty, or other legal grounds shall be limited to the
contractual price of the Goods to which such claims relate.
15.
ENTIRE AGREEMENT
The Agreement constitutes the complete, final, and exclusive arrangement
between the Buyer and Admiteq CZ regarding the sale and purchase of Goods. Any
prior arrangements between the parties or commercial practices shall have no
effect on this Agreement, shall not modify, supplement, alter its validity, or
interpret it.
Any amendments or additions to this Agreement shall be binding on Admiteq CZ
only if made in writing and signed by an authorized representative of Admiteq
CZ.
16.
EFFECTIVENESS
These TC become effective on July 22, 2025.