These terms and conditions apply to all offers and deliveries of Wermaly s.r.o., Nová Ves nad Žitavou 78, 951 51 Nová Ves nad Žitavou. By submitting an order, the Buyer expresses agreement with the full wording of these conditions. Other conditions are valid only when separately agreed and confirmed by us in writing. Obvious errors or mistakes in offers may be corrected on our part. An offer is valid for 2 months from the date the offer is issued.

Purchase price

All prices of goods are calculated on the basis of the requested quantity. Any change in quantity may result in a change in price.
For goods imported from abroad, the selling price includes the costs of packaging and transport from the manufacturer to Nitra, or to the final customer.
Our company offers goods on a wholesale basis. For orders up to EUR 100, a handling fee of EUR 25 will be charged.
In the event of cancellation of an already confirmed order by the Buyer, the Buyer undertakes to compensate for the damage incurred in relation to the agreed delivery date in the amount of the actual costs, but at least 30% of the price of the goods if cancelled within 10 days of ordering, and at least 50% of the price of the goods if cancelled more than 10 days after ordering.

Payment of the purchase contract

The Buyer is obliged to pay the Seller the purchase price for the delivered goods no later than 17 days from the date of their dispatch to the Buyer, or from the date of collection by the Buyer at the Seller's premises, or as otherwise agreed. If the Buyer is ordering goods for the first time, the Buyer is obliged to pay for the goods in advance.
The Buyer is not entitled to withhold the amount payable under the contract for any reason.
If the Buyer is in default with payment of the invoiced amount, the Seller has the right to withhold deliveries not yet fulfilled under all purchase contracts concluded with the Buyer, whereby this shall not constitute a breach of these contracts or a right for the Buyer to withdraw from these contracts.
The date of payment is considered to be the date on which the relevant amount is credited to the Seller's account. In the event of non-payment of an invoice by the due date, the Buyer (or the payer designated by the Buyer) is obliged, together with the amount owed, to pay the Seller contractual default interest of 0.1% of the amount owed for each day of delay until the debt is paid. In the event of non-payment of an invoice even within 30 days after the due date, the Buyer's discount for further deliveries will be reduced by 5%. The above also applies to the additional invoicing of the balance of the purchase price following a previous payment of a proforma invoice.
For deliveries of certain goods, we require part of the payment in advance.
For express delivery from stock with payment in advance, the amount on the proforma invoice must be remitted to our company's bank account.

Acquisition of ownership rights

The goods remain the property of Wermaly s.r.o. until the invoiced price has been paid in full.
The Buyer is obliged to handle the goods delivered under retention of title with care, as if the goods were the property of the Seller. In the event that the customer fails to fulfil its obligations, including for reasons of insolvency, the Seller is entitled, at its own discretion, to take back the goods that were delivered under retention of title and that are still in the Buyer's possession, whereby the Seller's rights shall not be restricted. For this purpose, the customer undertakes irrevocably to authorise the Seller's representative to collect them.

Delivery period

The Seller may deliver the goods at any time within 1 week before the agreed delivery date, or within 1 week after it.
The Seller is entitled to deliver the goods in partial deliveries as well.
For goods supplied from stock, we reserve the right to sell them during the period between our offer and the binding order.
The delivery period agreed under this contract may be extended by a further two months from the date of demonstrable payment of previous deliveries not settled within the payment period.

Warranty

The Seller provides a warranty period for the subject of delivery in accordance with the Commercial Code for a period of 6 months from the date of delivery. At the customer's request, the warranty period may be extended to 12 months by mutual agreement. In the event of a request to extend the warranty period to 24 months, this is subject to the condition of increasing the component prices by 15%, or as otherwise agreed. For some products, the warranty period is also determined by reaching the maximum service life (number of cycles). The Seller is entitled to choose the manner of satisfying claims arising from defects. The Buyer is obliged, under penalty of forfeiting these rights arising from defects, to notify: Defects identified upon receipt of the goods – quantitative defects immediately, qualitative defects within 3 days of receipt of the goods; Defects of the goods identified when unpacking the goods – within 3 days of the Buyer receiving the goods; Hidden defects of the goods, the identification of which requires an expert assessment – during the warranty period. The Buyer is obliged to describe the defects in writing, stating the number of the delivery note on the basis of which the goods were delivered and describing the defects in question. The Buyer is obliged to enclose a copy of the delivery note with the notification of defects. The warranty does not cover faults caused by mechanical damage during handling, nor faults caused by operating conditions that do not correspond to the relevant technical conditions stated in the catalogues (available on the internet, or supplied on request for the relevant product), in particular by improper use, contamination of the hydraulic system, overheating or other misuse. The connection of electrical parts must be carried out by an authorised electrical specialist in accordance with Decree of the Ministry of Labour, Social Affairs and Family No. 508/2009 Coll. The Seller's warranty obligation for the goods also ceases if the goods have been disassembled by the Buyer or a third party, or if the original parts have been replaced with non-original components. The warranty also ceases upon damage to or removal of the manufacturer's label. Relations in claims matters are governed by the Commercial Code under §422 to 442.
An accepted claim is resolved, as a rule, by replacing the defective element with a new one, or by repairing the defective element. The goods must be returned with a detailed description of the defect.

Other provisions

Cancellation of an order is possible only with our consent, on condition that we are compensated for the damage incurred.
Amendments to the purchase contract must be made in writing and approved by both parties.
In all other respects, the relevant provisions of the Commercial Code apply.

These General Terms and Conditions are valid and effective from 1 January 2021 and supersede previous versions of the GTC. The Seller reserves the right to amend the GTC without prior notice.