General Terms & Conditions

A. Introductory Provisions

1. These General Terms and Conditions (hereinafter referred to as the “GTC”) of ALUTEC KK s.r.o., with its registered office at Zálužská 120, 250 88 Čelákovice – Záluží, Company ID No.: 01567942, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 258187, govern the legal relationship between ALUTEC KK s.r.o. as the seller (hereinafter referred to as “AKK”) and the business partner (hereinafter referred to as “the Customer”). The Complaints Procedure also forms part of these General Terms and Conditions.

2. AKK is:

• a specialist wholesaler,
• a contractor, which means the manufacture, installation, maintenance, repair or modification of equipment or parts thereof,
• a provider of certain services related to AKK’s business activities.

3. The Customer is a legal entity or a natural person carrying on business who purchases products, works or services from AKK.

4. Omitted

5. The GTC form an annex to every confirmed order/contract.

6. The GTC are generally applicable; they may be excluded, restricted or amended exclusively in writing between AKK and the Customer, confirmed by both parties, for the specific business transaction for which the aforementioned changes have been agreed.

7. Where a framework agreement has been concluded between the parties and the GTC formed part of that agreement, the GTC shall apply to subsequent business transactions unless otherwise agreed in a further framework agreement.

8. AKK may supplement or amend the text of the GTC. However, this provision shall not affect the rights and obligations arising during the period of validity of the previous version of the GTC.

9. All relationships between AKK and the Customer not governed by these GTC shall be governed by the relevant provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the ‘Civil Code’) and other applicable legal regulations of the Czech Republic.

B. AKK’s quotations and the conclusion of a contractual relationship

1. AKK’s quotations are in response to the Customer’s enquiry.

2. AKK’s quotations include the description and pricing details of the goods/works/services requested and, where applicable, the method and date of delivery of the goods/works/services. Depending on specific requirements set out in the Customer’s enquiry, they may also include other requested details. The Customer may place an order on the basis of this quotation.

3. A contractual relationship between AKK and the Customer is established at the moment:

• when AKK confirms the Customer’s order without reservation. Any changes or reservations constitute a new proposal to conclude a contract, and the contract is concluded only when both parties have reached mutual agreement.
• the signing of a written sales contract, a written contract for work, or a framework agreement.

4. On behalf of AKK, the written contract shall be signed by the company’s managing director or an authorised signatory. Any other person may sign the contract only on the basis of a written authorisation from the managing director or an authorised signatory.

5. With regard to the person signing the contract on behalf of the Customer, AKK acts in good faith on the assumption that such person is authorised to sign the document.

6. AKK shall always confirm orders in writing; confirmation by email is permissible. Any other form of order confirmation is invalid. An authorised employee or employees of AKK are authorised to sign the order confirmation.

C. How to Order Goods

1. An order is a unilateral, binding act by the Customer, which constitutes an offer to enter into a contract and is addressed to AKK.

2. The Customer may send an order to AKK by post to the company’s registered office, by fax to +420 326 996 111, by email to aluteckk@aluteckk.cz or to the email addresses of authorised AKK staff.

3. The Customer is obliged to include the following details in the order:

• the quotation number on which the order is based. If placing an order without a prior quotation, the Customer shall state the order number as per the seller’s catalogue and the quantity of goods; for custom-cut profiles, they shall specify their length and quantity.
• the Customer’s company name or first name and surname, registered office/place of residence, company registration number, VAT number, and contact details (telephone, fax, email address). In the case of a first order, the Customer shall provide an extract from the Commercial Register/a copy of the trade licence and a VAT registration certificate.
• the place of delivery of the goods – the exact address
• the contact person authorised to act on behalf of the Customer regarding the order

4. The Customer is obliged to notify AKK immediately in writing of any changes to the details specified in the order; such changes shall constitute a new proposal to conclude a contract, which must be approved by AKK. AKK shall not be liable for any damage caused by delayed or incorrect delivery of the goods if such damage was caused by a breach of the Customer’s obligations under this clause.

D. Subject Matter of the Supply

1. The subject matter of the supply is the goods, work or service agreed as the subject of the contract between AKK and the Customer in one of the ways described in Section B, point 3 of these GTC.

2. Goods supplied by AKK shall have the technical specifications agreed with the Customer. These shall comply with Act No. 22/97 Coll., on Technical Requirements, as currently in force and in effect.

3. Depending on the nature of the delivery, the goods/work/service may also be accompanied by relevant documents, which need not be provided in the Czech language. These documents include: a catalogue sheet, a certificate, a declaration of conformity, a service report, a delivery note or any other document.

4. The delivery also includes the packaging in which the goods/work are supplied. Returnable transport items – such as pallets, shipping containers, etc. – are not included in the delivery.

5. Design work forms part of the delivery of the work, unless AKK and the Customer agree otherwise.

6. The supply or service provision includes expert advice from AKK at the Customer’s request.

7. The place of delivery is AKK’s registered office. Transport to the Customer forms part of the supply only if this has been expressly agreed between AKK and the Customer.

8. Any incompleteness of the delivery on the part of AKK does not constitute a failure to fulfil the delivery; however, it entitles the Customer to initiate a complaints procedure. The Customer is obliged to check the completeness of the delivery immediately; if this is not objectively possible, then within the time limits set out in these terms and conditions below.

E. Price of Goods/Work and Terms of Payment

1. The Customer is obliged to pay AKK the agreed price for the delivery. This is the price stated in the contract or in the written order confirmation issued by AKK.

2. The agreed price includes all components and accessories forming part of the delivery, unless otherwise agreed in writing by the contracting parties.

3. AKK shall invoice the Customer for the price following completion of the delivery by means of an invoice – a tax document. In the invoice – tax document, AKK shall set off any advance payments already made by the Customer in respect of the relevant transaction.

4. In the case of the first transaction, the Customer is obliged to pay 100% of the price of the goods/work in advance on the basis of a pro forma invoice.

5. Required details of the invoice – tax document:

• number of the purchase contract/order/quotation
• company registration number and VAT number of the contracting parties
• AKK’s bank details
• other required details of the tax document in accordance with Act No. 235/2004 Coll., on Value Added Tax, as amended

6. The Customer is obliged to settle the invoice – tax document – within the payment period specified on the invoice, which is 2 weeks, unless the contracting parties agree in writing on a different timeframe. In the event of a delay in payment of the invoice, AKK may charge the Customer statutory interest on arrears at the currently applicable rate, unless a different rate of interest on arrears has been agreed between the contracting parties.

7. Any delay by the Customer in paying the advance payment shall result in the delivery deadline set by AKK being extended by the duration of such delay. In the event of a delay exceeding 30 days, AKK shall be entitled to withdraw from the contractual relationship.

F. Delivery date, place and requirements

1. AKK must fulfil the delivery by the date agreed between the contracting parties. If no date has been agreed, the period customary for that particular type of delivery shall apply.

2. In the event of a delay on the part of AKK, the Customer may only withdraw from the contractual relationship if this has been expressly agreed in the contract.

3. Unless otherwise agreed, the place of delivery shall be AKK’s registered office as entered in the Commercial Register.

4. Where transport forms part of the delivery, AKK shall arrange for the delivery of the goods/work using its own transport or a contracted carrier. The Customer is obliged to sign the delivery note provided by AKK. Without the signing of the delivery note, AKK is entitled not to hand over the delivery, without this constituting a delay on the part of AKK in fulfilling its contractual obligations. An AKK employee shall make a note of any refusal of the delivery on the delivery note.

5. When collecting the delivery in person at AKK’s registered office, the Customer is obliged to sign the delivery note. Without the delivery note being signed, AKK is entitled not to hand over the delivery, without this constituting a breach of AKK’s contractual obligations. An AKK employee shall make a note of the refusal of the delivery on the delivery note.

6. Upon collection of the delivery, the Customer is obliged to thoroughly check that it is complete and, where possible, that it is in working order. Any defects in the delivery shall be noted on the delivery note by a Customer’s employee. AKK is not obliged to take into account any subsequent complaints regarding the completeness of the delivery.

7. In the event of a dispute, the entries on the delivery note held by AKK shall be binding.

8. Force majeure:

a) AKK is released from all liability for failure to fulfil its obligations under the concluded contract for the duration of the force majeure, to the extent that it could not reasonably have been required to prevent such failure to fulfil its obligations under the concluded contract as a result of the force majeure.

b) Force majeure is deemed to be an event beyond the control of the contracting parties which directly prevents the fulfilment of contractual obligations (is insurmountable) and which could not have been foreseen at the time the contract was concluded. Force majeure shall include, in particular, natural disasters, fire, explosion, severe storm, earthquake, flooding, war, strike or any other event which a contracting party cannot prevent in any way.

c) For the duration of the force majeure event, AKK shall not be in default of its obligations. Once this obstacle has ceased to exist, the contracting parties shall agree on a new deadline for the delivery of goods, works or services, provided that the party has not already fulfilled this obligation.

G. Transfer of Title

1. Title to the goods shall pass to the Customer only upon full payment of the purchase price or the price for the work and all other sums owed by the Customer to AKK, including any interest on late payment and all related costs.

2. Until the purchase price or the price for the work has been paid in full, the Customer is obliged to store the goods separately from other goods, to label them properly and to secure them in such a way that it is clear that the goods are the property of AKK.

3. The Customer is not authorised to dispose of, pledge or otherwise encumber the goods subject to retention of title with the rights of third parties without AKK’s written consent.

4. If the Customer processes, mixes or otherwise incorporates the goods into another product, AKK shall become a co-owner of the resulting product in proportion to the value of its goods relative to the value of the processed product. In such a case, the Customer is obliged to store this product properly and mark it as being co-owned by AKK.

5. Ownership of the delivered goods

The delivered goods or products remain the property of AKK until all claims arising from the business relationship with the Customer have been paid in full.

a) Processing and the creation of co-ownership

If the Customer processes the delivered goods or combines them with other goods, AKK shall acquire a right of co-ownership in the new item in proportion to the value of the goods subject to ownership rights relative to the value of the new item at the time of processing. The proportion shall be determined on the basis of the current market value of the individual components.

b) Assignment of claims upon resale

Upon resale of the goods, the Customer hereby assigns to AKK all claims arising from the sale. AKK may enforce these claims directly against the purchaser. The Customer is obliged to inform the third party/purchaser of this fact in writing.

c) Duty of care

The Customer is obliged to store the processed goods and the assigned receivables with due care and to protect them from access by third parties. A breach of this obligation may be regarded as a breach of contract giving rise to a claim for damages.

6. In the event of the Customer’s default in payment of the purchase price, AKK is entitled to demand the immediate surrender of the goods or products in accordance with clause 4, at the Customer’s expense.

7. If insolvency proceedings are commenced against the Customer (as the debtor), or if there are other serious circumstances indicating that payment of the purchase price is seriously at risk, AKK is entitled to withdraw from the contract and demand the return of the goods or products which remain in its (joint) ownership.

H. Warranty period and complaints for the wholesale range

1. AKK provides a 12-month warranty on the goods supplied, unless otherwise stipulated by law.

2. Upon receipt of the goods, the Customer is obliged to check the packaging and ensure the delivery is complete, provided this is objectively possible given the nature of the goods. The Customer is obliged to note any damage to the packaging, as well as any obvious damage to the delivery, on the consignment note of the carrier who delivered the goods. The Customer is obliged to specify the extent of the damage and to have this entry confirmed by the carrier. In the event of collection of the goods/work at AKK’s premises, the Customer is obliged to note any damage on the delivery note.

3. The Customer is obliged to lodge a written complaint within 48 hours of taking delivery of the goods regarding any defects and discrepancies in the quantity supplied which could not be detected at the time of taking delivery of the goods/work (where this was objectively impossible due to the nature of the goods) or before unpacking the consignment due to the nature of the consignment. The Customer is obliged to describe the defects or specify how they manifest themselves when the goods are used. A written notification of a defect is deemed to be an email, fax, registered letter or minutes of a meeting, delivered to AKK at its business premises. Other forms of notification of a defect are not binding.

4. In the event of a complaint, the Customer is obliged to provide proof of purchase of the goods from AKK (purchase contract, delivery note, order confirmation).

5. If the Customer uses the delivered goods for further processing, it is assumed that they have thoroughly inspected the goods and found them to be free from defects. The Customer’s claim for compensation for damage caused by the further processing of the delivered goods is excluded.

6. AKK is liable for goods/products supplied by third parties to the extent of those third parties’ warranty terms.

7. Should AKK acknowledge the validity of a complaint regarding the goods or part thereof and carry out a repair or replacement of the goods or part thereof, the original warranty period shall continue to run.

I. Warranty Period and Complaints Regarding the Work

1. AKK provides a 12-month warranty for the work. This means that, for the duration of the warranty period, the work will be free from defects, fit for its intended purpose, and will possess the characteristics set out in the work’s specifications.

2. Where the work comprises component(s) supplied by a third party, AKK shall be liable for such component(s) in accordance with the scope of that third party’s warranty terms.

3. The warranty period commences upon handover of the work by AKK and acceptance of the work by the Customer. If the Customer fails to accept delivery for reasons attributable to the Customer, the decisive date shall be the date of AKK’s request to the Customer to accept delivery.

4. The warranty does not cover defects arising from the use of the work in contravention of the instructions for use, technical regulations or the manufacturer’s data sheets, including the failure to carry out specified inspections and record them, or the failure to carry out specified maintenance operations on the work.

5. The warranty does not cover damage to or destruction of the product resulting from mechanical damage caused by the Customer or another person, or from unprofessional intervention by the Customer or another person.

6. Furthermore, the warranty does not cover damage caused by force majeure or the theft of the delivered product.

7. Should AKK acknowledge the validity of a complaint regarding the product or part thereof and carry out a repair or replacement of the product or part thereof, the original warranty period shall continue to run.

8. A complaint must be made in writing without undue delay after the defect has been discovered. A registered letter, email or minutes of a meeting, delivered to the address of the seller’s registered office, shall be deemed to constitute a written notification of the defect. Other forms of notification of a defect are not binding.

9. In the event of a complaint, the Customer is obliged to submit proof of purchase of the work (contract for work, delivery note, order confirmation) to AKK and is also obliged to describe the defects or specify how they manifest themselves when the work is used.

10. If the defective performance constitutes a material breach of contract, the Customer is entitled to:

• repair of the defect, provided the defect is repairable
• remedy of the defect by the supply of a new item free from defects or by the supply of the missing item
• a reasonable discount on the agreed price of the work
• withdrawal from the contract

11. The Customer shall inform AKK of the remedy chosen at the time of notifying the defect, or without undue delay following such notification. The Customer may not change this choice without AKK’s consent; this shall not apply if the Customer requested rectification of a defect which proves to be irreparable. If AKK fails to remedy the defects within a reasonable period or notifies the Customer that it will not remedy the defects, the Customer may, instead of having the defect remedied, demand a reasonable reduction in the purchase price, or may withdraw from the contract.

12. If the Customer fails to exercise their right in good time, they shall have the rights set out in Section 2107 of the Civil Code:

• If the defective performance constitutes a minor breach of contract, the Customer shall be entitled to have the defect remedied or to a reasonable reduction in the price.
• Until the Customer exercises their right to a reduction in the purchase price or withdraws from the contract, AKK may supply what is missing or remedy the legal defect. AKK may remedy other defects, at its discretion, by repairing the item or supplying a new one; this choice must not result in unreasonable costs for the Customer.
• If AKK fails to remedy the defect in good time or refuses to do so, the Customer may demand a reduction in the price or may withdraw from the contract. The Customer may not change the choice made without AKK’s consent.

13. If the complaint is resolved by granting a reasonable discount on the agreed price of the work, AKK shall transfer the relevant amount corresponding to the discount granted to the Customer’s account no later than 14 days from the date on which AKK received the Customer’s written notification of the complaint.

14. A complaint must be lodged no later than the last day of the warranty period; a complaint sent by the Customer by post on the last day of the warranty period shall also be deemed to have been lodged within the time limit.

15. AKK is obliged to commence work to rectify the defect subject to the complaint immediately upon receipt of the Customer’s complaint.

16. AKK is obliged to notify the person who reported the defect to AKK, in writing, of the date by which the defect will be rectified.

17. The Customer is obliged to allow AKK’s staff access to the areas necessary for rectifying the defect. If such access is not granted, AKK shall not be in default regarding the deadline for commencing work to rectify the defect.

18. The contracting parties shall agree on a timeframe for rectifying the reported defect in accordance with its extent and nature. If the contracting parties fail to agree on a timeframe for rectifying the reported defect, the timeframes defined in the Civil Code shall apply.

19. Clauses 10 to 18 of this paragraph shall also apply mutatis mutandis to complaints under paragraph H of these general terms and conditions.

J. AKK’s right to refuse further performance

1. If the Customer has outstanding financial obligations to AKK that are past due, or unpaid invoices within the payment period, AKK shall not be obliged to provide further performance or to continue with the supply or provision of goods, works or services, in particular, but not exclusively, the processing of and work on further orders, until such obligations have been settled; AKK is therefore entitled to suspend all supplies of goods, works or services. AKK shall inform the Customer of this step by email or fax. This shall not be regarded as a delay in the delivery period on the part of AKK.

2. Once all the Customer’s outstanding liabilities have been settled into AKK’s account, AKK shall immediately commence work on the order, and the new delivery date shall be calculated from this point onwards, unless the parties agree on a new date.

3. If the Customer fails to settle any outstanding financial obligations that were not paid by the due date within 15 days of AKK’s acceptance of their new order, AKK may, in writing, withdraw from the contractual relationship for the supply of goods/works/services concluded under the new order. Upon withdrawal from the contractual relationship, the rights and obligations of the contracting parties shall be cancelled with effect from the very beginning, and AKK shall settle any advance payments made by the Customer in respect of the cancelled transaction by setting off such advance payments against its overdue claims against the Customer, including interest on arrears and exchange rate differences. Any overpayment of advance payments, following their settlement, shall be refunded by AKK to the Customer’s account.

K. Withdrawal from the Contract

1. Should circumstances arise for either party that prevent the fulfilment of the contractual provisions, that party shall be obliged to inform the other party of such circumstances without undue delay and thereby initiate negotiations between the parties.

2. Either party may withdraw from the contract in cases where the other party materially breaches the obligations it has contractually undertaken to fulfil, and where the contractual provisions or Sections 1977 and 2002 of the Civil Code define such conduct as a material breach of contract.

3. The effects of withdrawal from the contract shall take effect on the day following the date on which written notice of withdrawal from the contract was delivered to the other party. An email, fax or registered letter delivered to the seller at their business premises shall be deemed to constitute written notice. Other forms of notification of a defect are not binding.

L. Processing of Personal Data

1. AKK undertakes not to disclose, without the Customer’s prior consent, any data provided by the Customer which is deemed to be personal data under the law.

2. The Customer consents to the processing of their personal data for the purpose of improving customer service and AKK’s marketing activities. This consent is voluntary and is given in accordance with Act No. 89/2012 Coll., the Civil Code, No. 110/2019 Coll., on the processing of personal data, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. This consent may be withdrawn at any time. The processing of personal data is governed by the Privacy Policy, the full text of which is available here.

M. Final Provisions

1. Both AKK and the Customer are entitled to transfer their rights and obligations arising from the business relationship to another party. They are obliged to notify the other party of such a change in writing.

2. If the business relationship between AKK and the Customer involves an international (foreign) element, both parties agree that this relationship shall be governed by Czech law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods. This shall not affect the rights of both parties arising from generally binding legal regulations, in particular the Civil Code.

4. In the event of a dispute, the competent court shall be that of AKK’s registered office or – where permitted by law – that of the Customer’s registered office; the choice of court shall be made by AKK.

5. These General Terms and Conditions are valid and effective from 1 January 2025.

On behalf of ALUTEC KK s.r.o.
David Kočí, Legal Officer