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General Commercial and Delivery Terms
6
Packaging
6.1 Products are shipped and packaged according to usual transport conditions valid for freight transport with the goal to
eliminate dangers of damage or degradation of products.
6.2 If packaging is used then it is non-returnable, and its price is included in the product price. In case of returnable packaging
this is handled in the appropriate purchase contract.
6.3 Large dimension products are shipped as bulk freight, secured against damage and weather influences.
6.4 Products shipped overseas are shipped in seagoing containers or special crates. In these cases the products are
packaged and treated against aggressive climatic conditions during sea transport, hydraulic aggregates are in these cases
transported without oil (with regard to sea transport regulations).
7
Delivery
7.1 If all Customer obligations were met (see point 7.2), a delivery date is counted from the date of purchase contract
conclusion (or from the date of order confirmation), unless stated otherwise in the purchase contract. In the case of agreed
advance payment the delivery term is counted from the day of receiving of the whole amount of the advance payment to
the Supplier’s account.
7.2 The prerequisite for adhering to agreed deadlines and terms is that payments from a Customer that should have been
executed (even from other contracts within ongoing business relationships) or other Customer obligations are available on
time or met. If this is not the case all deadlines and terms can be extended accordingly.
7.3 Shipping of goods from the Manufacturer’s plant is going to be performed only after the Customer payment is received at
the Supplier’s account. This does not apply to guaranteed documentary payments.
7.4 The Supplier reserves the right not to supply goods until the time when all Customer obligations are met.
7.5 Delivery terms are met if the delivery is shipped within the delivery deadline or delivery term. They are also considered met
if the delivery is announced as prepared for the shipment, but it could not be sent on time due to no fault of the Supplier.
7.6 If not adhering to agreed terms was caused by force majeure, i.e. operational or production defect, strike, lock-out, official
instructions, theft, transport vehicle accident or some other unforeseeable and Supplier uncontrollable circumstance or a
circumstance not caused by the Supplier, even on the side of subcontractors, then the Supplier is temporarily, i.e. for the
time period of this circumstance and its consequences, relieved of his delivery obligations. However, the Supplier is obliged
to notify the Customer about these circumstances immediately.
7.7 The Supplier has the right to deliver prematurely or in part.
7.8 If the Supplier is in arrears with a part of delivery or if a part of delivery cannot be performed, a Customer can withdraw
from the contract, but only in case that this partial execution is unusable for him.
7.9 A contractual fine for a delay of delivery by the Supplier is applied according to a special written agreement. The
contractual fine can be applied only in the case when it has been proven that the delivery delay was the Supplier’s fault,
and the Customer proves that the delay was the reason for damages.
7.10 The applied contractual fine according to the point 7.9 shall not exceed 0.2% of the delivery price for each day of delay of
the delivery that was delayed with the maximum of 5% of the delivery price.
7.11 In the case that a Customer does not take products away the Supplier reserves the right to charge him costs related to
storage up to the amount of 0.1% of the delivery price for each day of delay.
7.12 Standard delivery terms (Incoterms 2010): EXW Supplier’s premises, unless stated otherwise in the purchase contract.
7.13 Customers can order installation of supplied machinery from the Supplier.
7.14 The installation work at the Customer’s premises includes installation and commissioning of the supplied machinery.
Customer requests for additional installation changes or other extra work are not a part of installation. Higher costs
originating due to these additional requirements are paid by the Customer.
8
Ownership Rights
8.1 Delivered products remain owned by the Supplier until complete payment of the agreed price by the Customer. Customers
pledge to perform all measures necessary to protect Supplier ownership.
8.2 If a Customer does not pay for the goods in 30 days after agreed term, and there is no other agreement, the Supplier has
the right to take the delivered goods back or sell the receivable to a third person. Costs originated through taking of the
goods by execution shall be paid by the Customer.
9
Payment Conditions
9.1 The Supplier is authorized to request reasonable adjustment of agreed prices if in the period between order confirmation
and delivery term acquisition prices increase, exchange rate change, or if there are Customer requests for design changes
or delivery conditions. Fixedly agreed changes and prices must be agreed on in writing. Additional change requirements
agreed on orally and confirmations of their orders must the Supplier announce to the Customer in writing within 7 days.
Thus announced changes become valid, unless the Customer refutes them within 7 day deadline.
9.2 Prices specified by the Supplier are EXW Supplier premises, unless agreed otherwise in the purchase contract
(Incoterms 2010 standards).
9.3 Accepted ways of payment:

Bank transfer - payment in advance (the whole amount paid before shipping) – only in case of standard machines up
to EUR 25,000.
Bank transfer – 40% down payment (at ordering), balance of 60% (before shipping)

Bank transfer – through leasing or bank credit (provided by Customers at these institutions)

Bank transfer – irrevocable documentary letter of credit

Bank transfer – irrevocable documentary letter of credit with deferred payment

Different payment ways can be agreed on in the purchase contract.
Gestra CZ, s.r.o.
Czech Republic
v151201
www.gestracz.com
www.stonesplitters.com
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