GENERAL TERMS AND CONDITIONS OF PERGOLAS S.R.O.

Registered address: Hornosušská 1041/2, Prostřední Suchá, 735 64 Havířov ID No.: 17743940, VAT ID No.: CZ17743940

Introductory provisions
Ordering the work and concluding the purchase contract
Subject of the Contract
Purchase price
Payment terms
Date of delivery, place of delivery, method of acceptance of the work
Installation conditions and construction readiness
Non-acceptance of the work
Risk of damage
Withdrawal from the Contract
Defects and claims
Dispute resolution
Personal data protection
Final provisions

1. INTRODUCTORY PROVISIONS

These General Terms and Conditions (hereinafter referred to as GTC) apply to all relations arising from the contract for work (hereinafter referred to as the Contract) concluded between PERGOLAS s.r.o. (hereinafter referred to as the Seller or Supplier) and another person (hereinafter referred to as the Buyer or Customer) and are an integral part of this Contract, whereby a deviating provision in the Contract shall prevail over these GTC.

Legal relations between the parties are governed by the Contract, these GTC and, unless otherwise provided for in these documents, by the provisions of the Civil Code and other legal regulations.

2. ORDERING THE WORK AND CONCLUDING THE PURCHASE CONTRACT

The Seller's price quotes, including information on dimensions, drawings, pictures, descriptions, and other parameters are non-binding, unless otherwise agreed in writing.

The Supplier shall, with the prior consent of the Customer, carry out a survey of the work at the place of performance, of which a survey report shall be drawn up. The Customer is obliged to provide the Supplier with all necessary assistance for the correct measurement and to provide the Supplier with all necessary information. The accuracy of the data shall be confirmed by the Customer with their signature (including electronic) in the production documentation.

By signing the Contract, the Buyer confirms that the Buyer has read the general terms and conditions, which include the terms and conditions for installation and claims, and that the Buyer agrees to them.

The Contract is concluded at the moment of agreement between the proposal for conclusion of the Contract and its acceptance and payment of the deposit.

The conclusion of the Contract must be definitively confirmed by the signature of both parties (including the possibility of electronic signature), then the Contract shall become effective on the date of signature of the last of the parties.

An integral part of the Contract is the production documentation, which the Customer is obliged to check and confirm with their signature (or agree electronically).

The concluded Contract may be further amended or supplemented only in the form of a written amendment. The amendment shall take effect on the date of signature of the last of the contracting parties.

3. SUBJECT OF THE CONTRACT

The subject of the Contract is the obligation of the contractor, as the Supplier, to perform the work for the Customer at the Supplier's own expense and risk, and the obligation of the Customer to accept the work and pay the contractor the agreed price for its performance.

The work shall mean in particular the manufacture of any construction elements and other components according to the specification of the subject of work specified in the Contract, as well as the delivery and installation of these elements at the place specified by the Customer in the Contract according to the agreed conditions, unless the Contract provides otherwise.

4. PURCHASE PRICE

The price of the work is governed by the Supplier's price offer valid at the time of signing the Contract.

The contractor reserves the right to personally agree with the Customer the price and payment terms for the specific work ordered, differently from the GTC, the price offer and other contracts.

Discounts and any other deductions from the total price of the work are subject to the personal agreement of the parties, unless the Contract provides otherwise (always to be agreed in writing).

Destruction and damage to the work at the time when the risk of damage to the work has been transferred to the Customer does not affect the Customer's obligation to pay the price of the work properly and on time.

5. PAYMENT TERMS

The Customer is obliged to pay the total price for the work duly and on time, under the conditions specified in the following provisions of this article of the GTC and/or the Contract.

The Seller is entitled to require a deposit on the contract price in the amount of 70% of the price, which the Buyer is obliged to pay, unless otherwise specified in the Contract. Immediately after handover of the work (free of defects and deficiencies preventing its use), a final invoice is issued in the amount of the remaining balance due under the Contract for Work. The work shall be deemed to have been handed over if it does not exhibit defects and deficiencies preventing its use.

Unless otherwise agreed, invoices are due from the date of issue within 7 days in the case of an advance invoice and 10 days in the case of a final invoice.

The Seller shall not be in default of the Seller's obligations during the period of the Buyer's default in payment of the deposit. In the event of delay of the Buyer with the payment of the deposit for more than 30 days, the Seller is entitled to withdraw from the Contract.

Payment is deemed to have been made by crediting the Seller's account with the relevant amount or by payment in cash. The Buyer shall bear the entire cost of making the payment and shall be obliged to make the payment in time to meet the due date of the invoice.

All non-cash payments will be paid to the contractor's account with ČSOB, a. s: 315669008/0300.

6. DATE OF DELIVERY, PLACE OF DELIVERY, METHOD OF ACCEPTANCE OF THE WORK

The agreed deadline for the execution and delivery of the work shall commence from the date of payment of the deposit and approval of the production documentation for the execution of the work by the Customer and the signing of the Contract for Work, whichever is later. If the time of delivery is fixed by a deadline, the Supplier is entitled to deliver the work at any time within the period.

The place of delivery means the address of the Buyer, which the Buyer has indicated as the delivery address.

The Supplier shall deliver the work within the period specified in the Contract. The handover and acceptance of the work shall take place immediately after its completion, i.e. when it has been demonstrated to be fit for its purpose. The work is complete even if it has minor defects and deficiencies that do not prevent the work from serving its purpose. That is to say, defects which do not prevent the use of the pergola and its accessories.

This acceptance is confirmed by the signature of the Customer or their authorised person (on the basis of a power of attorney) and the Supplier in the handover protocol and takes place at the end of the installation. The protocol must contain at least: the contract number, the name, the trade name or name of both parties, the person taking over (name, surname), the place of delivery of the work, the date of acceptance of the work.

The Customer is obliged to state in the handover report whether the Customer accepts the work "without reservations" or "with reservations" and, where applicable, to indicate any defects which, in their opinion, the work has at the time of handover.

The Supplier is obliged to state in writing (also electronically) whether the Supplier considers the defects to be justified. If the Supplier accepts the validity of the objected defects in the work, the Supplier shall inform the Customer of the date and proposed method of their removal. The costs associated with the removal of defects in the work acknowledged by the Supplier shall be borne by the Supplier.

If the Customer or an authorised person does not attend the handover of the work (after completion of the assembly), the Customer has a period of 24 hours to submit a written statement on the state of the work to the e-mail address [email protected]. If the Customer does not express any objection, the work shall be deemed to have been handed over to the Customer on the day of installation, without defects or shortcomings. This will be stated in the handover protocol.

The Supplier undertakes to deliver the work to the Customer within the time limit agreed in the Contract; days when the outside temperature drops below 5 °C during the day or when it is not possible to assemble the work due to other climatic reasons (rain, snow, strong wind, etc.) or due to unforeseeable events (wars, pandemics, etc.) are not included in this time limit and in the period after the expiry of this time limit until the day of delivery of the work. The delivery time shall also be extended due to the Customer's delay in fulfilling their obligations.

In the event that the Supplier is unable to deliver the work within the time specified in the Contract due to force majeure, the time for delivery of the work shall be proportionately extended by the duration of the force majeure. Force majeure shall be deemed to be unforeseeable or foreseeable but uncontrollable events affecting the execution or delivery of the work, in particular strikes, actions of public authorities, natural elements and disasters, etc. The Supplier shall, as far as possible, notify the Customer of these events, together with at least the approximate possible time of delivery of the work. If the Supplier's performance becomes impossible as a result of force majeure, the Supplier's obligation to perform the work shall cease. In the event that the Supplier's performance becomes feasible only at increased economic costs due to force majeure, the Customer may withdraw from the Contract, but is obliged to reimburse the Supplier for all costs incurred up to that time in connection with the commencement of the performance of the work under the Contract.

If the Supplier fails to deliver the work at the time and place agreed in the Contract, the Customer shall be entitled to demand a contractual penalty of 0.01% of the total price of the work, including VAT, for each day of delay or part thereof.

7. INSTALLATION CONDITIONS AND CONSTRUCTION READINESS

The Customer is obliged to ensure that the construction site is not accessible to any unauthorised persons, especially children; in the event of a breach of this obligation, the Customer is liable for damage to the health of such persons, damage to their property, the Seller's property and the property of third parties.

The Customer further undertakes to provide the Supplier with the necessary assistance for the execution of the work, in particular to provide the Supplier with electricity and water free of charge.

The Customer is obliged to provide the necessary information in writing at the Supplier's request, or to hand over the documents requested by the Supplier that are necessary for the proper and complete execution of the assembly of the work, and to ensure the cooperation of the work during the assembly in question.

Unless otherwise stipulated in the Contract, the Customer is obliged to prepare the site of the installation of the work specified in the Contract according to the Supplier's instructions, including by carrying out additional landscaping and surface treatments on the basis of a written notification from the Supplier of the need to carry them out, no later than on the date of commencement of the installation of the work agreed in the Contract.

During the period of time that the Supplier is not allowed to continue performing the work pursuant to this paragraph, the Supplier shall not be in default in completing the work in accordance with the Contract and these GTC.

The Customer is obliged to ensure the passability of access roads and the accessibility of the installation site. The access and installation site must be accessible to vehicles transporting the ordered work at a maximum distance of 30 m. In addition, sufficient space must be provided for handling commensurate with the size of the work. In case of unsuitable climatic conditions, it is necessary to ensure sufficient reinforcement of access roads and the installation site.

The parties further agree that the work shall be deemed to be properly completed even if the sealing cannot be carried out due to unfavourable climatic conditions (in particular a drop in the average daily temperature below 5 °C). In such a case, the Supplier undertakes to carry out the sealing at the earliest possible time after agreement with the Customer, and the Customer has no right to suspend payment of the price of the work in any amount for this reason.

8. NON-ACCEPTANCE OF THE WORK

In the event that the Customer does not take over or fails to collect the work within the agreed time limit, the Customer shall pay the Supplier a contractual penalty of 0.01% per day for the first 14 days of the price of the uncollected work, including VAT, for each commenced day of delay by the Customer. From the 14th to the 30th day, the contractual penalty shall increase to 0.1% for each commenced day of delay by the Customer of the price of the uncollected work, including VAT.

In the event of a delay of more than 30 days in acceptance by the Customer, the Supplier shall be entitled to withdraw from the Contract; such withdrawal shall not affect the Supplier's claims arising from such breach (e.g. contractual penalty).

In the event that the Customer does not accept the work, or does not take it over, the Supplier's right to payment of the contractual price is not affected in any way, since the Seller has fulfilled the Seller's obligations under the Contract (delivered the work).

9. RISK OF DAMAGE

The risk of damage to the work passes to the Customer at the moment of delivery of the work to the place of delivery specified in the Contract and if the work is delivered with assembly; the delivery of the work occurs only at the moment of completion of assembly and signing of the handover protocol.

In the event that the Contract does not contain an obligation of the Supplier to deliver the work to a specific location, the risk of damage to the work shall pass to the Customer at the moment of handing over the work to the first carrier for transport.

By concluding the Contract, the Customer acknowledges that if the carport/pergola is located near a house where there is a risk of snowfall, the Supplier must place snowfall barriers on the roof of the house for the safety of the Customer and the safety of the carport/pergola structure. If the snow slides and damages the carport/pergola for this reason, this is not a claim for defects in the work attributable to the Supplier.

10. WITHDRAWAL FROM THE CONTRACT

The Contract shall terminate on the date of settlement of all rights, obligations and claims of the parties arising from it.

Otherwise, the Contract may be terminated by agreement of the parties or by withdrawal from the Contract in the cases specified in the Civil Code, in the Contract and in the cases specified in these GTC.

The Supplier is entitled to withdraw from the Contract, in particular in the following cases:

the Customer is in default in payment of the price for the work and/or part thereof for more than 30 days,
after the conclusion of the Contract with the Customer, demonstrable facts have arisen on the Customer's side that give rise to justified doubts about the possibility of timely and full fulfilment of all obligations and commitments on the part of the Customer, especially in relation to payment of the price of the work, and the Customer has not provided the Supplier with a sufficient guarantee even after being prompted to by the Supplier,
it is not possible to deliver the work to its destination due to the unavailability of the delivery point for the technology, and the Customer has not arranged for the work to be delivered in another way despite being prompted to by the Supplier,
the Customer has failed to ensure the construction readiness or the technology for assembling the work in time and has not offered a new suitable date,
insolvency proceedings are initiated against the Customer, or the Customer enters liquidation.

Any withdrawal from the Contract shall be in writing. Withdrawal from the Contract by the Customer does not extinguish the rights and obligations that arose as a result of the breach of Contract, in particular the right to compensation for damages, contractual fines and other penalties. In the event of withdrawal from the Contract, the Customer is obliged to deliver the work to the Supplier at the Customer's own expense if the work has not been assembled. If the Customer fails to do so, the Supplier is entitled to remove the work at the Customer's expense, including by entering the land owned by the Customer, and to remove the work themselves, which the Customer authorises the Supplier to do by signing the Contract. The Customer is obliged to hand over the work to the Supplier in its original condition, taking into account normal wear and tear. If the Customer breaches this obligation, the Supplier is entitled to restore the work to its original condition at the Customer's expense.

11. DEFECTS AND CLAIMS

Liability for defects, the guarantee for quality and the rights and obligations arising therefrom are governed by the applicable legal regulations.

The Supplier shall be liable, under the statutory liability for defects, for defects in the work that were present at the time of handing over the work to the Customer.

The Customer is obliged to inspect the work thoroughly as soon as the Customer has the opportunity to handle it and to check whether it is free of defects or whether it has been delivered with all accessories and relevant documents. The Customer is obliged to immediately notify the Supplier in writing of any defects detected within 24 hours from the time when the Customer was given the opportunity to use the work.

Unless otherwise agreed, the warranty period is 60 months for fixed parts of the work and 24 months for movable parts of the work from the date of handover of the work by the Supplier.

The Supplier shall be liable under the quality guarantee for defects in the work that arise during the period of the guarantee. Within the framework of the Supplier's statutory liability for defects or within the framework of the Supplier's voluntary quality guarantee, however, the Supplier is not liable for defects resulting from a breach of the Customer's obligations, e.g. mechanical damage, faulty or negligent use of the work, overloading, unsuitable operating environment, insufficient construction work by the Customer, unsuitable place for mounting and installation of the work, failure to comply with the obligations under these GTC related to the use of the work, defects that occurred in the work after the risk of damage to the work had passed as a result of transport, external interference and influences, interference by third parties, for which the Supplier is not liable. The Customer is not allowed to interfere with the construction of the work in any way during the warranty period without the written consent of the Supplier.

The Customer is obliged to notify the Supplier or a person authorised by the Supplier in writing without delay and exclusively by e-mail to [email protected]. The Customer is obliged to state the following in the written notification of defects to the Supplier: the contract number to which the service is claimed, a description of the defect (how it manifests), detailed photographic documentation, telephone contact, and the responsible person who will communicate with the Supplier for the purpose of rectifying the defects.

The Supplier is obliged to confirm the registration of the complaint submitted by the Customer within 5 working days of receipt of the notification of the defect in the work. If the complaint is justified, the Supplier shall also determine the time limit and method of eliminating the defect within the time necessary to decide whether the complaint is justified under these GTC, all within 30 days of the date of delivery of the Customer's notification of the defect in the work.

The Customer is obliged to provide the Supplier or persons authorised by the Supplier with access to the work and to provide assistance to enable the Supplier to repair defects in the work.

12. DISPUTE RESOLUTION

Contractual relations based on the Contract are governed by Czech law. Facts not regulated by the Contract or these GTC are governed in particular by the Civil Code.

Mutual disputes between the Seller and the Buyer are resolved by the general courts or arbitration courts.

The parties undertake to resolve any disputes arising from the Contract by mutual negotiations at the earliest. If one of the contracting parties notifies the other contracting party that it considers an attempt to reach an agreement impossible or refuses to communicate with the other contracting party, the dispute shall be resolved by the court of competent jurisdiction at the Supplier's registered office or by an arbitration court in accordance with the laws of the Czech Republic.

Supervision of compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).

13. PERSONAL DATA PROTECTION

Information about Customers is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll., as amended. All data collected from Customers is used exclusively for the internal use of the company and for the improvement of the services offered.

Customer personal data is fully secured against misuse. Personal data can be deleted from the database at the written request of the Customer. The personal data administrator may not then process the following data.

If you become a Customer of PERGOLAS s.r.o., you already give your consent to your data being included in the database when you register. This data is handled exclusively according to the procedures established by law, as stated above.

14. FINAL PROVISIONS

By signing the Contract, the Customer confirms that the Customer has thoroughly familiarized himself with these GTC and accepts the terms and conditions set out therein.

These GTC are binding from 1.12. 2022.