General terms and conditions of KUHN-BOHEMIA, a.s. for purchase contracts valid from
General terms and conditions of KUHN-BOHEMIA, a.s. for purchase contracts valid from
6.5. In the event of delay by the buyer in payment of the purchase price, the buyer is obliged to pay all costs incurred by the seller in taking over the goods.
6.6. In the event that the goods are not in proper and serviceable condition after the Seller takes them back, the Seller is entitled to put the goods, respectively. to have the goods restored to proper and serviceable condition at the buyer’s expense, with acceptance of the goods being deemed to have taken place only after the goods have been restored to proper and serviceable condition.
- Quality guarantee, liability for defects
7.1. The Seller provides a guarantee for the quality of the goods for a period of 6 months, which starts from the date of handover of the goods to the Buyer or from the date of notification of the readiness of the goods for handover in case the Buyer is in delay with the acceptance of the goods. The buyer has the right under the warranty to have defective parts replaced or repaired. The buyer has no other rights. The exchanged parts become the property of the seller. Details are set out in the Seller’s warranty terms and conditions.
7.2. On used delivery items and wear and tear
caused by normal use are not covered by warranty or liability rights. For the avoidance of doubt, the Purchaser hereby declares and confirms that it waives such rights. The warranty is void in the event of a breach of the seals on parts of the goods that were not made by the seller.
7.3. Used machines are available to the buyer prior to the conclusion of the purchase contract for detailed test drives and/or commissioning. Used machines are not covered by the quality guarantee or liability rights. For the avoidance of doubt, the Purchaser hereby declares and confirms that it waives such rights.
7.4. In the case of goods that the buyer has rented prior to purchase, the warranty period starts from the moment the buyer takes them over.
7.5. During the warranty period, the buyer is not entitled to carry out repairs himself or to have them carried out by third parties, otherwise the warranty is void. The same shall apply if the goods are not used professionally, under standard conditions and in disregard of the operating instructions, operating regulations or special instructions of the Seller or if the damage may have been caused by the Buyer or a third party for other reasons or by an accident.
7.6. The buyer is obliged to inspect the delivered goods immediately and in their entirety. He is obliged to notify the Seller within three days by telephone and by registered letter of any defects detected during this inspection or later. If he fails to fulfil this obligation, or fails to fulfil it in time, or fails to fulfil it sufficiently, he loses the right to liability for defects, including compensation for damages, if this defect is related or connected to this defect. Liability rights must be asserted in writing with the seller.
7.7. Liability rights are extinguished if the goods have been altered or if unauthorised parts have been installed. It is a condition for the assertion of liability for defects that the buyer has fully complied with all the manufacturer’s and/or seller’s instructions regarding the care of the goods and has used and stored the goods with due care. In the case of claims for liability for defects, the buyer is obliged to give the seller a period of at least six weeks from the handover of the machine/machines for repair, respectively. from the start of on-site fault rectification. The buyer is entitled to a price reduction or to withdraw from the contract only if all attempts by the seller to repair the contract during this period have been unsuccessful. The Buyer shall cooperate with the Seller to the best of his/her ability in the performance of his/her warranty obligations and shall comply with all instructions of the Seller.
7.8. The Seller is entitled to refuse to remedy the defect until the Buyer has fully fulfilled its obligations to the Seller.
7.9. The Seller is not liable for defects resulting from failure to comply with the specified conditions of use of the goods. The Seller does not guarantee that the goods will have the agreed characteristics even under changed conditions of use.
7.10. The buyer’s rights to compensation for damages against the seller are excluded unless the damages were caused by gross negligence or intentional conduct on the part of the seller. In particular, the Seller shall not be liable for damages caused by improper handling of the goods in violation of the manufacturer’s and/or Seller’s instructions at the Buyer’s factory.
7.11. The seller’s obligation to compensate for damages is excluded, whatever the legal grounds, unless otherwise provided for by law and unless otherwise provided for in these GTC. Other rights of the buyer, in particular the right to compensation for damages which are not related to the goods themselves, are excluded insofar as this is permitted by law.
7.12. If a petition is filed for the commencement of insolvency proceedings against the Buyer or if the Buyer enters into liquidation and the Seller records an outstanding claim or part thereof against the Buyer, the Seller is entitled to withdraw from the Purchase Agreement in writing. In this case, the goods must be returned within one week of the delivery of the written statement of withdrawal to the buyer, at the seller’s choice, to the seller’s place of business or to one of its branches.
7.13. The obligation to return the goods arises upon delivery of a written declaration of withdrawal from the purchase contract to the buyer. In the case of insolvency proceedings, the goods are deemed not to form part of the assets. If the buyer does not return the goods after the seller has withdrawn from the purchase contract, the buyer undertakes to pay a usage fee of 5% of the purchase price of the goods per calendar month.
- Withdrawal from the purchase contract, cancellation of the purchase contract
8.1. The Seller is entitled to withdraw from the Purchase Contract in cases where this is provided for by law, the Purchase Contract and/or these GTC.
8.2. In the event of stoppage of payments, delay in payments, as well as any violation of the provisions of the Purchase Agreement and/or these GTC by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement or to provide the Buyer with an additional period of at least 15 days in writing to remedy the defective condition and to withdraw from the Agreement only after the expiry of this additional period.
8.3. The withdrawal must be made in writing, with its effects taking effect on the date of delivery to the buyer. In case of doubt, the withdrawal shall be deemed to have been delivered 3. the day after it was filed with the post office.
8.4. If the Seller withdraws from the Purchase Contract, the Seller is entitled to claim full compensation for damages, in particular damages consisting in a reduction in the price of the goods, incurred by the Seller as a result of a breach of the Buyer’s obligations under the Purchase Contract and/or these GTC. The Seller’s right to full compensation for damages is not affected by the payment of a contractual penalty for the breach of the Buyer’s obligation under the Purchase Agreement and/or these GSP that led to the damage.
8.5. If the Buyer has paid a part of the purchase price of the goods before the Seller’s withdrawal from the Purchase Agreement, the Seller is entitled to retain the paid part of the purchase price for the purpose of offsetting against damages, after the amount of damages has been quantified, and against other claims of the Seller against the Buyer arising from the Purchase Agreement and/or these GSP. After quantifying the amount of damage and other claims of the Seller against the Buyer and asserting them against the Buyer, the Seller shall return to the Buyer the portion of the retained purchase price exceeding the amount of the Seller’s claims against the Buyer.
8.6. If the buyer proposes to the seller to cancel the purchase contract after its proper conclusion, the seller may accept this proposal. In this case, the buyer is obliged to pay the seller within 5 days of acceptance of the cancellation of the purchase contract a severance payment of 15% of the price of the goods. The payment of the severance payment does not affect the seller’s right to compensation for damages in full.
8.7. If the Seller withdraws from the Purchase Contract or if the Purchase Contract is cancelled in accordance with clause 8.6 of the GTC, the Seller shall be entitled to demand delivery of the Goods, including all documents and controls which the Seller has delivered to the Buyer, subject to the exclusion of any right of retention, and to collect them from the Buyer. All related costs, including storage costs, are borne by the buyer. If the Buyer does not allow the Seller to take the goods away, the Seller is entitled to use its own assistance to take over the goods including all documents and controls that the Seller has handed over to the Buyer.
- Personal data protection
9.1. The Seller, as the administrator, processes the personal data of the Buyer as the data subject, in particular identification and contact data as well as data resulting from the contractual relationship (e.g. order history, service history of the machine, etc.). The seller processes this data without the consent of the buyer. The seller does not process any personal data with the consent of the buyer.
9.2. The Seller, as the personal data controller, may process the above personal data for the following purposes without the consent of the Buyer as the data subject: a. performance of the contract and negotiations for the purpose of concluding the contract; b. performance of legal obligations related to the Administrator’s business; c. protection of the seller’s rights and legitimate interests (in particular the seller’s property rights);
9.3. The provision of personal data by the buyer is voluntary. However, the failure to provide the necessary personal data makes it impossible to identify the buyer as a contracting party and therefore to conclude a contract with the buyer.
9.4. The personal data of the buyer may be provided to third parties in connection with the performance of legal obligations, at the request of state authorities or for the exercise of the rights and legitimate interests of the seller as administrator. The Buyer’s personal data may also be provided to the Seller’s parent company, Kuhn Holding Gesellschaft m.b.H., as well as to processors who perform partial personal data processing activities for the Seller, in particular in the field of IT. Personal data is transferred to EU countries.
9.5. The personal data of the buyer are processed by the seller for the duration of the contractual relationship and for 7 years after the termination of the contractual relationship or the provision of the last contractual performance, whichever is later, but at least until the settlement of all mutual rights and obligations. Personal data of the buyer processed for the purpose of fulfilling legal obligations are processed for the period required by the relevant legal regulation.
9.6. In particular, you have the following rights in relation to the processing of personal data: a. right of access to personal data; b. the right to rectification; c. the right to erasure resp. the right to be forgotten; d. the right to restriction of processing; f. the right to object; and g. the right to lodge a complaint with the supervisory authority, which is the Office for Personal Data Protection.
Any request or any suggestion related to the processing of personal data or the exercise of customer rights can be sent in writing to the Seller’s address or electronically to: firstname.lastname@example.org.
9.7. The Seller has adopted organizational and technical measures to ensure maximum protection of the processing of personal data of customers against unauthorized access or transfer, against their loss or destruction, as well as against possible misuse. All persons who come into contact with personal data in the course of their work or contractual duties are bound by a legal or contractual duty of confidentiality.
9.8. The provisions of this article apply only to buyers – natural persons.
- Other arrangements
10.1. Any documents sent pursuant to this 10. Other Arrangements 10.2. The VSP must be in writing. In case of doubt, the document shall be deemed to have been delivered 3. the day after it was submitted to the post office. 10.3. The Seller authorises the Buyer to carry out accounting and tax depreciation of the goods in accordance with tax and accounting legislation from the date of acceptance of the goods, irrespective of when the Buyer becomes the owner of the goods.
- Applicable law and dispute resolution
11.1 All relations arising under the Purchase Contract not regulated by the Purchase Contract or these GTC shall be governed by Czech law, in particular the provisions of Act No. 89/2012 Coll., the Civil Code, as amended. 11.2 All disputes arising in connection with the Purchase Contract, if any, the parties shall attempt to resolve amicably. If no amicable agreement can be reached, any dispute shall be heard by the court of local jurisdiction according to the registered office of the Seller on the date of filing the claim.
- Final provisions
12.1. The Service and Warranty Terms and Conditions of KUHN-BOHEMIA a.s. (hereinafter referred to as “Service Terms”) are an integral part of these GSP. In the event of a conflict between the provisions of these GSP and the Service Terms, the provisions of the Service Terms shall prevail.
12.2. If any provision of this GSP becomes invalid or unenforceable as a matter of law, the validity and effectiveness of the remaining provisions of the GSP shall not be affected. Invalid or unenforceable provisions shall be replaced by such provisions as are most consistent with their purpose or intent.
13.2. These GSPs are valid even after the termination of the purchase contract until the business relationship is fully settled.
13.3. By signing these GSPs, the Parties express their consent to them and undertake to be bound by them.