1. General
These Terms and Conditions apply to custom-made electronics. They do not apply to the sale of the company products.
The custom production is done in line with the below-mentioned terms and conditions. Differing terms and conditions of the customer can be applied only with the manufacturer’s written approval.
2. Purchase Order
Production in ELO+, s.r.o. (hereinafter as the “Manufacturer”) is realized only based on a written purchase order (e.g. sent by e-mail) of the Buyer (hereinafter as the “Customer”). The purchase order needs to be acknowledged by the Manufacturer. The Contract shall be deemed concluded if the Customer expresses his consent to the purchase order acknowledgement or does not give his statement on the purchase order within 48 hours. This period of time shall not include Saturdays, Sundays and bank holidays.
3. Customer’s Technical Documentation
The Customer is fully responsible for the documentation correctness and eventual faults in production caused as a result of incorrectness. The following documentation modifications are acceptable:
VARIATION – temporary documentation modification applicable only to the current production order.
CHANGE – permanent documentation modification applicable to the current production order and all to follow. The original documentation shall not be used for production any longer.
VERSION – the Customer can order production according to the original documentation or newly created documentation (product can be produced in older or recent version based on the Customer’s needs).
The Customer shall provide the documentation modification to the Manufacturer in a written form.
The Customer-supplied documentation remains filed by the Manufacturer unless otherwise agreed in writing. Documentation, for which a production order has not been placed for more than two years, shall be returned to the Customer. The documentation discarded as a result of a CHANGE shall also be returned to the Customer.
Without the Customer’s consent, the documents or parts thereof shall not be made available to third parties or used for other than contracted purposes. The data supplied by the Customer shall not violate the third parties’ copyright, whereas the Manufacturer shall not be responsible for investigating it.
4. Production Material Supply
The material supplied by the Customer to the Manufacturer shall not be expired for processing or mechanically damaged, packing shall meet the component manufacturer’s requirement and shall be suitable for machine-aided processing (except for material to be used for prototype production).
The supply shall take into account the technological losses – loss of material in production. The Customer shall increase the material supply with this quantity, otherwise there is a risk that the job order will not be completed in the entire requested quantity. The recommended technological loss values are based on the job order size and range from 4% with a job order for 20 units to 1.3% with a job order for 1,000 units. The remaining material shall be returned to the Customer.
The Customer shall be fully responsible for consequences in production resulting from incompleteness or poor quality of the material. This mainly concerns compensation of the expenses incurred in addition to the original job order and inconsistency of the requested and actual production outcome.
4a. Manufacturer-Supplied Material
Unless otherwise agreed, the Manufacturer shall charge the material overhead costs in addition to the supplied material based on the job order size as follows: 20-49 units – 15%, 50-99 units – 12%, 100-199 units – 10%, 200-499 units – 8%, 500-999 units 6%, 1,000 and more units – 5%.
5. Lead Time
The standard lead time is 15 business days. The express lead time is 8 business days, super express 5 business days. The standard lead time for the prototype job orders is 5 and the express 3 business days. The super express lead times for the prototype production are to be agreed to on an individual basis.
The Manufacturer reserves his right to refuse the request for express lead time for production.
Should the production material be supplied solely by the Customer, the lead time shall commence on the day of the complete material and documentation delivery. In any other cases, the delivery date shall be set based by agreement.
The delivery shall be deemed completed either by passing it on to the first carrier for transportation to the destination or by storing it in the shipment warehouse and sending a call to the Customer to collect it.
6. Contract Withdrawal by Manufacturer
The Manufacturer shall be relieved from his contractual responsibility to complete the delivery in the following cases:
- strikes, force majeure (even with sub-suppliers), unavoidable operating failures,
- delivery of incorrect or insufficient documentation by the Customer,
- delivery of insufficient quantity of perfect components or material that is agreed to be provided by the Customer,
- material delivery in inappropriate packing or violation of the Contract on the part of a sub-supplier.
Should the Manufacturer be disabled to complete the delivery for the above-mentioned reasons, he shall have the right to withdraw from the Contract, or agree with the Customer to partial completion of the delivery.
With the exceptions stipulated by law or unless otherwise stated in these General Sale Terms and Conditions, the Customer can withdraw from this Contract only based on the written consent of the Manufacturer.
Should the Customer withdraw from a purchase order or reduce its volume, the Manufacturer shall be entitled to request compensation of the costs incurred as a result of this step plus a penalty amounting to 20% of the purchase order.
8. Delivery Delay
The Manufacturer shall inform the Customer about a delay in delivery by the agreed completion date. In this case, the Customer can withdraw from the Contract after a reasonable additional period of time. Such period of time shall be determined by the Customer and advised to the Manufacturer along with the statement that the Customer will refuse the delivery after this period expires. The additional period shall commence on the day of the written (e-mail) additional period statement receipt by the Manufacturer.
The entitlement to compensation of damage suffered by the Customer as a result of late delivery shall be excluded if the delay has been caused independently of the Manufacturer’s will. In case of delay in delivery, the Customer shall be entitled to charge a contractual penalty to the Manufacturer amounting to 0.1% of the value of the outstanding part of the job order for every day of the delay.
9. Price
The prices in the quotation and purchase order acknowledgement are EXW and exclude VAT. The express surcharge (8 business days) is 40% of the job order price in the standard lead time. The super express surcharge (5 business days) is 100% of the job order price in the standard lead time.
Should the Customer request the transportation, the packing charge, freight or insurance shall be charged separately.
The Manufacturer agrees not to adjust the agreed prices following the Contract conclusion. Only in case of an effect objectively out of the Manufacturer’s control, when it would not be fair to request him to keep the originally agreed price, the Parties agree to agree to a new purchase price increased proportionally to the external effect significance.
10. Payment
The payment shall be made by the due date specified in the invoice. The usual maturity is 14 days. Other maturity can be agreed between the Manufacturer and the Customer. The settlement date shall be the day when the invoice amount is credited to the Manufacturer’s bank account.
In some cases, the Manufacturer can request an advance payment from the Customer. Should the payment not be settled by the due date, a post-maturity interest amounting to 0.1% of the outstanding amount shall be charged for every day of the delay as from the due date, as well as the costs of sending reminders in the amount of CZK 200 for every reminder.
11. Delivery
Unless otherwise specified in the purchase order, the Customer shall take over the job order on the Manufacturer’s site.
Should the Customer request the job order to be shipped without specifying the destination and delivery method, the consignment shall be delivered to the place of the Customer’s registered office by a carrier chosen by the Manufacturer. The freight and transport insurance shall be paid by the Manufacturer and re-invoiced to the Customer in the full amount. The insurance during transport shall be contracted in the amount of the delivery value. The goods can be insured for a higher value upon the Customer request and at his own expenses.
The Manufacturer shall ensure the packing to ensure the goods cannot be damaged during transportation according to the risks known in transportation.
12. Warranty Claim, Warranty repairs
Insufficient quantities and apparent defects of the goods shall be claimed immediately upon the delivery takeover, hidden defects immediately upon being identified. The Customer shall lodge the warranty claim in writing using the warranty claim sheet containing the defect characteristics. The Manufacturer shall not be liable for damages suffered as a result of fitting defective components or damages arising from fitting defective DPS or ambiguity of the technical documentation. The customer shall pay the expenses associated with the shipment. If the Customer has performed repairs or other interventions himself, which caused further damage to the delivery or another product, such further damages shall be excluded from the warranty. The delivery note shall be sent back along with all warranty claims. The costs associated with shipment shall be paid to the Customer provided the defect is admitted, and if the rejected product is free of any defect, the Manufacturer can charge the costs associated with the product testing and shipment to the Customer.
13. Governing Law and Jurisdiction
Any and all business cases shall fall within the jurisdiction of the Czech Republic.
14. Validity
These General Sale Terms and Conditions shall become valid on 1 March 2010. |
