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GENERAL BUSINESS TERMS & CONDITIONS
- Scope
- Our general terms and conditions apply exclusively; the customer’s business terms and conditions, which are deviating from or are in conflict with our general business terms and conditions, will not be accepted by us unless we confirm their bindingness in writing. Our general terms and conditions shall also apply in the event that we make a delivery for the customer, even though we are aware of the existence of the customer’s terms and conditions, which are different from or in conflict with our general terms and conditions.
- All oral agreements and statements made between Excelzon Technologies and the customer before or during the conclusion of the contract are invalid without further written confirmation.
- Our general terms and conditions also apply in relation to all future business with the customer.
- Orders
- Orders for goods must be submitted in writing and sent by fax, or electronic mail (e-mail). After an agreement with the merchant, it is also possible to order goods by phone.
- The purchase contract is already concluded when the customer sends the order.
- The order should contain:
- company name, name, address, telephone number (e-mail)
- order number, date of issue
- GST
- method of delivery of goods
- order name of the product
- amount
- Order Confirmation is made the following day at the latest. If some of the delivery dates of the ordered items are not known, Excelzon Technologies will confirm the known items as soon as possible, and the remaining order confirmation in the online store is done automatically by the system to the customer’s e-mail address.
- Prices
- All prices are listed in INR. Statutory value-added tax and costs related to transport are not included in the listed prices. Costs related to the customer’s special transport requirements will be charged separately.
- Payment Terms
- The customer pays the price of the goods sent on delivery to the carrier upon delivery.
- When paying on a pro forma invoice (payment in advance) it must be to the account of Excelzon Technologies the entire invoiced amount has been credited, only then will the goods be sent to the customer.
- Sales on invoices are possible only to customers with whom Excelzon Technologies has concluded a framework purchase agreement and who have paid all previous invoices by the due date. The maturity of the invoice is 14 days, as a variable symbol the invoice number will be indicated to the payer. When paying by invoice, the total invoiced amount must exceed CZK 500 without VAT.
- In the event of the customer’s delay in payment, Excelzon Technologies will be entitled to demand interest on the delay in the amount of 8% pa above the valid basic interest rate announced by the European Central Bank.
- Excelzon Technologies is entitled to withdraw from the contract and demand compensation for damages due to non-performance, if the customer does not pay the purchase price even after the expiry of an additional reasonable period. During the customer’s delay, Excelzon Technologies is not obliged to make further deliveries to the customer.
- It is also possible to pay for the goods in cash upon collection at the company’s premises.
- Delivery
- The ordered goods will be door delivered to the customer by Excelzon Technologies in a standard way, with no extra cost.
- Reservation of ownership
- The delivered goods remain the property of Excelzon Technologies until full payment of the purchase price by the customer.
- Defect control and burden of proof
- Immediately after delivery, the customer is obliged to inspect the goods for possible defects. If a defect is detected at that time or at a later time, the customer must notify Excelzon Technologies immediately (within 5 days). The notification must specify the detected defect in as much detail as possible. If the customer does not make a notification of the defect, the goods will be considered faultless with regard to obvious defects. Notification is also necessary in the event that Excelzon Technologies mistakenly delivered goods other than those ordered or quantities other than those ordered.
- In the event of a culpable, unauthorized complaint by the customer, the customer will be obliged to reimburse Excelzon Technologies for the costs incurred by the latter in connection with the inspection of defects.
- In the event that Excelzon Technologies denies that the goods are defective, the customer will be obliged to prove the existence of the defect as soon as the risk of damage to the goods passes.
- Customer’s claims from legal liability for defects
- In the event of a defect for which the company is responsible (in accordance with § 2.7 above), Excelzon Technologies will, at its own discretion, be obliged to remove the defect or make a replacement delivery. Excelzon Technologies will choose the method of defect removal taking into account the interests of both parties.
- Indemnification and limitation of liability
- Excelzon Technologies is not responsible for lost profits and/or other property damage to the customer.
- Data processing equipment and computer software do not always work flawlessly. It is also necessary to take into account the unpredictability of the Internet. For the reasons stated, therefore, GAUSS Trade s.r.o. is not responsible for damages caused as a result of the fact that, for technical reasons, any customer orders were not delivered to Excelzon Technologies.
- Compensation for damages as a result of a breach of duty caused by slight negligence is excluded. In other cases, compensation for damage is limited to the amount covered by liability insurance for the damage caused by product defects.
- conditions of use
- Products supplied by Excelzon Technologies are not intended for use in applications, devices, equipment, and systems intended for life support, human implants, nuclear devices, in applications intended for aviation or space, or in other applications or systems where the failure of the product could cause danger to life or serious injury or damage to health or property. The customer undertakes to indemnify Excelzon Technologies for all claims arising from the violation of these terms of use.
- The deadline for asserting claims from liability for defects
- Claims of the customer from liability for defects must be applied to Excelzon Technologies no later than 24 months from the date of transfer of ownership from Excelzon Technologies to the customer. Claims from liability for defects that are not claimed by the customer within the above-mentioned period shall expire.
Scope
- Our general terms and conditions apply exclusively; the customer’s business terms and conditions, which are deviating from or are in conflict with our general business terms and conditions, will not be accepted by us unless we confirm their bindingness in writing. Our general terms and conditions shall also apply in the event that we make a delivery for the customer, even though we are aware of the existence of the customer’s terms and conditions, which are different from or in conflict with our general terms and conditions.
- All oral agreements and statements made between Excelzon Technologies and the customer before or during the conclusion of the contract are invalid without further written confirmation.
- Our general terms and conditions also apply in relation to all future business with the customer.
Orders
- Orders for goods must be submitted in writing and sent by fax, or electronic mail (e-mail). After an agreement with the merchant, it is also possible to order goods by phone.
- The purchase contract is already concluded when the customer sends the order.
- The order should contain:
- company name, name, address, telephone number (e-mail)
- order number, date of issue
- GST
- method of delivery of goods
- order name of the product
- amount
- Order Confirmation is made the following day at the latest. If some of the delivery dates of the ordered items are not known, Excelzon Technologies will confirm the known items as soon as possible, and the remaining order confirmation in the online store is done automatically by the system to the customer’s e-mail address.
Prices
- All prices are listed in INR. Statutory value-added tax and costs related to transport are not included in the listed prices. Costs related to the customer’s special transport requirements will be charged separately.
Payment Terms
- The customer pays the price of the goods sent on delivery to the carrier upon delivery.
- When paying on a pro forma invoice (payment in advance) it must be to the account of Excelzon Technologies the entire invoiced amount has been credited, only then will the goods be sent to the customer.
- Sales on invoices are possible only to customers with whom Excelzon Technologies has concluded a framework purchase agreement and who have paid all previous invoices by the due date. The maturity of the invoice is 14 days, as a variable symbol the invoice number will be indicated to the payer. When paying by invoice, the total invoiced amount must exceed CZK 500 without VAT.
- In the event of the customer’s delay in payment, Excelzon Technologies will be entitled to demand interest on the delay in the amount of 8% pa above the valid basic interest rate announced by the European Central Bank.
- Excelzon Technologies is entitled to withdraw from the contract and demand compensation for damages due to non-performance, if the customer does not pay the purchase price even after the expiry of an additional reasonable period. During the customer’s delay, Excelzon Technologies is not obliged to make further deliveries to the customer.
- It is also possible to pay for the goods in cash upon collection at the company’s premises.
Delivery
- The ordered goods will be door delivered to the customer by Excelzon Technologies in a standard way, with no extra cost.
Reservation of ownership
- The delivered goods remain the property of Excelzon Technologies until full payment of the purchase price by the customer.
Defect control and burden of proof
- Immediately after delivery, the customer is obliged to inspect the goods for possible defects. If a defect is detected at that time or at a later time, the customer must notify Excelzon Technologies immediately (within 5 days). The notification must specify the detected defect in as much detail as possible. If the customer does not make a notification of the defect, the goods will be considered faultless with regard to obvious defects. Notification is also necessary in the event that Excelzon Technologies mistakenly delivered goods other than those ordered or quantities other than those ordered.
- In the event of a culpable, unauthorized complaint by the customer, the customer will be obliged to reimburse Excelzon Technologies for the costs incurred by the latter in connection with the inspection of defects.
- In the event that Excelzon Technologies denies that the goods are defective, the customer will be obliged to prove the existence of the defect as soon as the risk of damage to the goods passes.
Customer’s claims from legal liability for defects
- In the event of a defect for which the company is responsible (in accordance with § 2.7 above), Excelzon Technologies will, at its own discretion, be obliged to remove the defect or make a replacement delivery. Excelzon Technologies will choose the method of defect removal taking into account the interests of both parties.
Indemnification and limitation of liability
- Excelzon Technologies is not responsible for lost profits and/or other property damage to the customer.
- Data processing equipment and computer software do not always work flawlessly. It is also necessary to take into account the unpredictability of the Internet. For the reasons stated, therefore, GAUSS Trade s.r.o. is not responsible for damages caused as a result of the fact that, for technical reasons, any customer orders were not delivered to Excelzon Technologies.
- Compensation for damages as a result of a breach of duty caused by slight negligence is excluded. In other cases, compensation for damage is limited to the amount covered by liability insurance for the damage caused by product defects.
conditions of use
- Products supplied by Excelzon Technologies are not intended for use in applications, devices, equipment, and systems intended for life support, human implants, nuclear devices, in applications intended for aviation or space, or in other applications or systems where the failure of the product could cause danger to life or serious injury or damage to health or property. The customer undertakes to indemnify Excelzon Technologies for all claims arising from the violation of these terms of use.
The deadline for asserting claims from liability for defects
- Claims of the customer from liability for defects must be applied to Excelzon Technologies no later than 24 months from the date of transfer of ownership from Excelzon Technologies to the customer. Claims from liability for defects that are not claimed by the customer within the above-mentioned period shall expire.