These general conditions of sale apply in full to every order and to all our sales, unless otherwise stipulated which must be expressed in writing by our Company.
The confirmation or payment of any purchase order by the Buyer to our Company implies full and unreserved acceptance by him of the general conditions of sale of our Company, even if not signed by them.
These general conditions are shown on our website (www.pertuli.com) and in each document it is indicated how to view and / or download them.
They are therefore considered known by all Buyers.
Each order made by the Buyer is subject to written acceptance by our Company and implies acceptance of the general conditions of our Company.
The transmission of the order commits the Buyer, unless otherwise specified in writing, to the prices, price list conditions and general conditions of sale of our Company in force on the date of order confirmation.
The Sales Agreement will be considered concluded, becoming binding for the parties, when the order confirmation from our Company reaches the Buyer (via e-mail, fax, post, by hand).
The order confirmation sent by our Company defines and reports all the conditions and the final and binding contents of the Contract, fully replacing the Order sent by the Purchaser.
If the order confirmation contains additions, limitations or other changes with respect to the Order, the Buyer's consent to such changes will be considered tacitly given unless a written complaint is sent to our Company in writing within 24 (twenty-four) working hours from receipt of the same.
The order confirmation and these general terms and conditions will prevail in any case over any general or particular purchase conditions prepared by the Buyer.
Any written or verbal condition sent by our collaborators, employees of our Company or sales agents is of no value if not reproduced in the order confirmation communication.
Any requests for variations or modifications to the Order by the Buyer are subject to approval by our Company and must be received promptly in order to allow the relative variations to be implemented also with regard to the organization and production by our Company.
In this case, our Company reserves the right to delay delivery times and price changes.
The prices of our goods are always intended Free Carrier (FCA-Free Carrier INCOTERMS 2010) at the warehouse indicated at the time of order confirmation, unless otherwise agreed between the parties.
Any payments or securities made to agents, representatives, employees or collaborators of our Company, or couriers appointed by us, will not be considered valid until the relative sums reach our Company.
The prices applied are those indicated in the last offer sent to the Buyer by our Company, valid at the time of delivery of our products.
Payment must be made, unless otherwise agreed in writing, according to the deadline indicated in the order confirmation, by bank transfer to the bank indicated by our company or by direct remittance.
The delivery of the goods with the passing of the risk of perishing the goods to the Buyer, the withdrawal of the goods by the shipper / carrier or the autonomous collection of the goods by the Buyer, if agreed between the parties, applies.
In case of delayed, non-payment or partial payment by the Buyer, our Company reserves the right to immediately suspend the supply, and / or to terminate all existing contracts with the Buyer, even if not related to the payment in question, without prejudice to the right to compensation for damage.
In the event of delayed, non-payment or partial payment, interest on arrears will accrue on all sums due without the need for formal notice, and all credits will become immediately payable with forfeiture of the benefit of the term.
No objection for any non-fulfillment, nor any exception, nor legal actions of any kind may be raised or exercised by the Buyer unless after full payment of the price.
No compensation is allowed between the price due to our Company and any credits claimed by the Buyer.
The Buyer is obliged to pay the full price even in the event of disputes by applying the "solve and repete" clause.
Unless otherwise agreed, the supply of goods is understood to be Free Carrier (FCA-Free Carrier INCOTERMS 2010) at the warehouse indicated at the time of order confirmation.
Our Company has the right to make partial supplies and / or split deliveries of the goods.
The delivery terms indicated in the Order Confirmation are not essential terms, unless otherwise agreed in writing.
Force majeure (industrial disputes and any other circumstances beyond the seller's control such as fires, wars, floods, droughts, strikes, world pandemics, breakdowns and breakdowns in production plants, massive military mobilizations, revolutions, confiscations, embargoes, blockades roads, delays or defects in deliveries by subcontractors due to any circumstance referring to this clause) or other exceptional or unforeseeable circumstances that occur against our Company suspend the terms for delivery, without any liability for our Company.
Our Company will not be held responsible for delayed / non-delivery due to force majeure or other exceptional or unforeseeable circumstances that occur against our Company that may occur during the production / manufacturing process or during loading and / or transport.
If there is a delay in the delivery of the goods exceeding 30 (thirty) days, which does not depend on force majeure or other unforeseeable events, the Purchaser is obliged to contest this delay in writing to our Company, which will have a term of additional 30 (thirty) days to make the delivery.
The risk of deterioration or damage to the goods passes to the buyer at the latest when the same goods leave the warehouses of our company or upon delivery to the shipper / carrier or to the same Buyer who collects the goods supplied.
Following the passage of risks, our Company is not responsible for the loss or damage of the goods.
In the event of a delay by the Buyer in taking delivery of the goods, the risk, if it has not already passed to the Buyer pursuant to the previous paragraph, will be transmitted to the same on the expected delivery date.
Our company guarantees the shelf-life of the product based on the delivery provided in our order confirmation.
Any delay in delivery due to independent collection by the Buyer or his agents cannot generate complaints from the Buyer.
The Purchaser is obliged to pay the full price in case of damage or perishing of the goods after the transfer of risks to the same.
Any disputes will be considered valid only if communicated in writing by e-mail within 8 (eight) days of receipt of the goods.
Any disputes must be detailed and specific, accompanied by photographic documentation, indicate exactly the defects found and accompanied by a technical report issued by organization with proven legal and commercial responsibility.
At the request of our Company, they must also include the return of the defective product at the expense of the Purchaser in order to allow for the necessary checks.
All communications regarding this contract must be made in writing, and will be considered validly made if sent by e-mail or to the address:
Pertuli Sro
J. Skacela 321/20
691 41 Breclav
Ceska Republika
For all disputes that may arise in relation to the existence, validity, interpretation, execution and termination of this contract, the Court of Prague will be exclusively competent.