1. Basic contents
1.1. These General Terms and Conditions of Business, Service and Warranty (hereinafter referred to as "Conditions") regulate relations during the delivery of goods and services, i.e. consumables and equipment for laboratories, etc. (hereinafter referred to as the "subject of performance") by VWR International s.r.o. ( hereinafter referred to as the "supplier") towards customers and are binding in all business transactions with the supplier. Deviations from the written agreements of the participants take precedence over the provisions of these general terms and conditions.
1.2. By signing legally binding acts that aim to establish a contractual relationship between the supplier and the customer regarding the delivery of the subject of representation by the supplier, the participants accept that their mutual contractual relationship will be governed by the regime of the new Civil Code. - Law no. 89/2012 Coll.
1.3. Definition of basic terms
The customer can only be a natural or legal person with a valid personal identification number (IČ). The payer is the buyer who enters into a contractual relationship with the supplier, but acquires the object of the act on the condition that the recipient will use it. The recipient, as the user of the object of creation, is authorized in writing by the ordering party to take over the object of creation and perform all other actions related to its use. The seller is a sales associate responsible for representing the supplier in business negotiations.
2. The price of the object of execution
2.1. Catalogs and price lists issued by suppliers are informative and always valid from the date of issue. The supplier reserves the right to change the price of the service item without prior written notice. The supplier is not responsible for errors made during the printing of commercial and technical materials.
2.2. Prices are expressed in CZK without VAT. VAT will be calculated on the prices stated in the catalog in accordance with the applicable legal regulations. Current prices are listed at https://cz.vwr.com/store/.
2.3. In order to clarify the price and specification of the subject of performance, the buyer has the right to request a price offer (hereinafter referred to as "offer"), which is valid for 30 calendar days from the date of issue, unless otherwise stated.
2.4. Transportation costs are included in the price of the item of service with the exceptions specified in point 4.4.
3. Order the goods
3.1. Individual business cases are closed on the basis of written customer orders by post or fax or orders sent electronically (e-mail or web form), in exceptional cases also on the basis of verbal or telephone orders. For the calculation of the price of the item of service, the prices specified in the valid offer of the supplier or the prices valid at the time of acceptance of the order are valid.
3.2. The order must contain the following basic information:
- trading company (or name) and headquarters of the customer, telephone and fax connection; if the buyer is a natural person, then
specify surname, first name, place of residence and place of business;
- person authorized to act on behalf of the customer in the relevant area, ID number of the customer and VAT number (if registered as
VAT payer);
- unambiguous determination of the subject of performance and its amount (including the provision of related services or performance), delivery
conditions (place and date), the person responsible for taking over the subject of performance and other special requirements
to the subject of the performance.
3.3. After receiving the order, the supplier will send the customer a written confirmation of the order, if requested by the customer or if it is a non-standard performance. The supplier considers the order as binding upon receipt and at that moment a binding relationship is created.
3.4. In the event that the supplier cannot fulfill any of the requirements specified in the customer's order, the supplier will send the customer a new offer with possible order variants and ask for the customer's opinion.
3.5. The supplier reserves the right to advance payment before receiving the order, especially in the case of ordering a non-standard item of performance. The delivery period specified in the order confirmation begins after the advance payment.
3.6. In the case of larger deliveries of service items, or special conditions under which the service is to be performed, or at the request of one of the participants, participants may, with a reference to the text of these general conditions, enter into a special contract for the item. close the performance.
3.7. The rules for the sale of chemicals are established by Law 634/1992 Coll., on consumer protection, Law 356/2003 Coll., on chemical substances and chemical preparations and subsequent amendments and amendments, Law 167/1998 on addictive substances and subsequent amendments and amendments , by Law 272/2013 Coll. on drug precursors and Law 307/2013 Coll. on mandatory labeling of alcohol.
4. Terms of delivery
4.1. Deliveries of the performance items will be made as soon as possible, depending on the availability of the product and the operational capabilities of the supplier.
4.2. The expected delivery time is specified in the order confirmation. In exceptional cases, the supplier can extend the performance period, but must immediately notify the customer of this change.
4.3. Unless otherwise agreed, the place of performance is the supplier's warehouse. Prices are calculated including transportation, since the carrier is only responsible for bagging the goods, the consignee will arrange the transportation of the goods to the place.
4.4. The supplier reserves the right to charge the customer the costs associated with the handling and transportation of the items of performance, especially in cases where the order is less than 4,000.00 CZK without VAT, for the amount of 200.00 CZK without VAT when ordering via e-business (webshop at https://cz.vwr.com/store/) or 250.00 CZK without VAT when ordering in another form. In the event that the delivery of the goods is subject to a temperature-controlled transport regime, the supplier reserves the right to charge transport costs in the amount of CZK 800.00 excluding VAT. In the case of delivery of products from the manufacturer Alfa Aesar, the supplier charges a fee of 280 CZK excluding VAT per order. The supplier reserves the right to charge transport costs if the item to be delivered is extremely heavy or bulky. The supplier reserves the right to charge a fee of up to 950 CZK excluding VAT for processing orders for customers who purchase goods for resale (distributors).
4.5. If the Customer does not pick up the item of service due to reasons on his part (e.g. the person designated by the Customer is not present despite the pre-arranged appointment), the Customer shall bear the costs of redelivery in full.
4.6. The client is obliged to take over the subject of performance and immediately check the compliance of the quantity and type of the subject of delivery with the delivery note or invoice.
4.7. If the buyer notices obvious damage to the product's packaging when taking over the goods, he is obliged to immediately inform the supplier and/or delivery person about the shipment and indicate this in writing on the supplier's delivery note or the consignment note of the forwarding service for external transport. When the item of performance is delivered via an external delivery service, the supplier accepts complaints submitted within 2 days of delivery of the item of performance. Subsequent complaints of this type cannot be recognized as valid by the supplier.
4.8. If a difference is found in the quantity and type of delivered goods, the buyer is obliged to report this defect to the supplier without delay. If the buyer did not have the goods inspected at the time of the transfer of the risk of damage to the goods, he can advertise the defects that can be discovered during this inspection, only if he proves that the goods already had these defects at the time of the transfer of the goods with the risk of damage to the goods.
5. Cancellation of the order by the customer
5.1. After acceptance of the order by the supplier in accordance with Article 3.3. changing or canceling an order should be discussed with the supplier's customer service representative.
5.2. The supplier has the right to charge the customer a cancellation fee of up to 50% of the price of the item of performance or its canceled part to cover the costs intentionally incurred in connection with the change by canceling the order.
6. Installation of the performance subject
6.1. If the client requires assembly of the performance item, or if the performance item requires assembly at the customer's location, this is done for a fee, usually at the time of delivery of the performance item or on a date agreed with the supplier's authorized person.
6.2. In the case of installation, the customer is obliged to ensure access to persons authorized by the supplier to the facilities in which the executive object will be installed and to create the necessary conditions for installation. The range of conditions is based on common practice and specified by the supplier's authorized person.
6.3. If the customer does not provide the supplier with the necessary cooperation, i.e. does not create the conditions for the successful installation of the performance item in the sense of the previous article, the supplier has the right to charge the performance costs from the customer.
6.4. Customer installations are usually carried out during normal business hours, ie Monday to Friday between 07:00 and 16:00. If, for operational reasons, the customer needs to perform the installation outside of this time, this requirement must be specified in the order.
6.5. The installation of the object of performance is considered completed by proving that the relevant product works correctly in accordance with the submitted documentation or by proving the standard working condition in another way. The participants draw up a protocol on placing the items of performance with the client.
7. Functionality of the implementation theme
7.1. The supplier does not guarantee the suitability of the delivered goods for a specific purpose, if this is not stated in the offer or other written contract. In the event of a dispute regarding the scope of the term common use, the interpretation of the legal authority of the supplier shall apply.
7.2. The impossibility of carrying out the installation of the performance object in a manner that was not previously agreed upon and specified on the order confirmation cannot be a reason for the customer to terminate this contractual relationship.
8. Use of the Product
8.1. The delivered products may only be used in accordance with the information contained in the relevant documentation or product specification. The buyer is responsible for the method of use. VWR is not a distributor or otherwise supplies products that are subject to requirements for active pharmaceutical ingredients (so-called API, Active Pharmaceutical Ingredients) in accordance with EU guidelines for medicinal products for human and veterinary use or their use is prohibited in any way. as a raw material for the production of medicines.
8.2. The delivered products may not be used as auxiliary or medicinal substances for the production of medicines for human and veterinary use and cosmetics, as additives for the production of food products and nutritional supplements, for agricultural purposes, as pesticides or for household use. Customers should contact VWR on a case-by-case basis to obtain exceptions to these limitations.
8.3. Customers who use products in the above-mentioned areas of application with restrictions are responsible for conducting their own inspection and quality assurance, so that products used in this way comply with all requirements of relevant laws, technical standards or other regulations (e.g. European Pharmacopoeia, etc.). VWR bears no responsibility if the customer uses the products for any other purpose contrary to the intended purpose. The customer is fully responsible for using the product in accordance with relevant legislation, technical standards or other health and safety regulations, possibly in other areas, and is responsible for taking the necessary measures for the storage, handling, sale and use of the product.
9. Terms of payment and transfer of ownership
9.1. The usual terms of payment for deliveries of the supplier's standard assortment are payment by invoice within 14 days from the day of receipt of the subject of execution. For amounts up to CZK 2,000.00, the supplier reserves the right to require payment in advance by bank transfer to the supplier's account. Other terms of payment can be agreed in a framework or sales contract signed by the supplier's legal representative.
9.2. If the customer is ordering from the supplier for the first time, the supplier may require a deposit of up to 100% of the order value. If the item of performance is of a non-standard nature, the customer's order can be accepted and confirmed only after the customer has paid at least 50% of the price of the item of non-standard performance.
9.3. If the customer requires a change to the usual payment terms, this must be discussed with the supplier's representative and the terms so agreed must be specified in the order.
9.4. If the supplier fails to pay within the time specified on the invoice issued by the supplier, the supplier is entitled to charge the customer a contractual penalty of 0.1% of the amount due including VAT for each day of delay from the original due date. from obligation to full payment.
9.5. The buyer's obligation to settle his obligation towards the supplier in an orderly and timely manner is fulfilled on the date of posting the amount paid to the account of the supplier specified on the invoice.
9.6. The risk of damage to the object of performance passes to the customer at the time of collection. Until full payment of the price of the work, the subject of the work remains the property of the supplier.
9.7. The customer has no right to transfer obligations towards the supplier to a third party without his prior consent.
10. Warranty
10.1. The supplier provides a guarantee for individual goods, except for those for which the manufacturer does not provide a guarantee.
10.2. The length of the warranty period may vary depending on the design and is indicated on the delivery note, service report or instructions.
10.3. The warranty entitles the customer to free removal of defects covered by the warranty; in case of an irreparable defect, the customer has the right to exchange goods with the same parameters.
10.4. The warranty applies only to defects arising from production, in the material used or in the method of processing, or in the assembly or installation of the goods by the supplier. The supplier is obliged to fulfill his obligations under the guarantee only if the customer is not in arrears with the payment of the price of the delivered item.
10.5. The warranty does not apply to wear and tear of the goods caused by normal use and does not apply to defects due to which a lower price has been agreed upon, nor does it apply to such use or installation contrary to the instructions for use, to defects caused by failure to follow the instructions for maintenance, operation or servicing of the product , for defects caused by improper transport or storage. The warranty does not cover natural wear and tear of parts during the use of goods recommended by the manufacturer.
10.6. The warranty period starts from the day the customer receives the goods. If the goods are replaced within the warranty period, the replaced goods will be covered by the warranty period for the remainder of the original warranty period of the advertised goods, unless expressly stated otherwise.
10.7. The warranty period does not include the time from the submission of a justified complaint to the moment when the customer was obliged to take over the goods after repair.
10.8. The warranty ceases to be valid if the conditions of use are not respected or if regular user maintenance is not carried out in accordance with the instructions for use, if changes are made to the delivered goods or if the warranty sticker is broken. In the event of non-compliance with the warranty conditions, all rights of the customer arising from the warranty cease.
10.9. When submitting a request, it is always necessary to submit the following:
a) documents for the purchase of goods, which are an invoice and at the same time a delivery note with the serial number of the delivered goods.
b) advertised goods that are complete, including documentation, with intact warranty labels and in the original packaging.
c) it is necessary to indicate what kind of deficiency it is and how it manifests itself.
9.10. In the event of an unauthorized complaint (if the reported defect was not discovered or it is a defect not covered by the warranty), the buyer is obliged to cover the costs of transport and inspection or repair before taking over the goods.
11. Compensation procedure
11.1. The client is obliged to organize an inspection of the object of performance as soon as possible after the danger of damage to the object of performance has passed. If the client does not inspect the object of performance or fails to inspect it at the time of the transfer of the risk of damage to the object of performance, he may claim defects that can be detected by that inspection, only if he proves that the object of work already had these defects at the time of the transfer of the risk of damage to the object of work.
11.2. The buyer is obliged to inform the supplier without delay about all such identified defects.
11.3. The customer is obliged to make a complaint by contacting the supplier's customer service by phone or by written notification with as detailed a description of the identified deficiency in the part of the performance as possible, or he can submit the complaint in person. Based on the notification, a delivery note is issued with a return receipt by which the buyer returns the advertised goods to the warehouse of VWR International s.r.o. sending. at Pražská 442, 281 67 Stříbrná Skalice.
11.4. Due to the risk of possible damage to the performance object during transport, the supplier accepts only the performance object packed in the original packaging for complaints, except for goods whose nature does not allow this (eg furniture). The buyer is fully responsible for any damage caused by improper packaging during the transport of the goods back to the supplier.
11.5. The buyer is obliged to hand over the advertised goods only if they are clean and harmless to health (disinfected). Otherwise, the supplier reserves the right not to accept the advertised goods.
11.6. The customer will be informed about the result of the complaint for resolution of the complaint in the manner agreed with the supplier, as a rule no later than 1 week after taking over the item of performance. If an assessment of the defects of the goods is required by the authorized representative of the manufacturer, the supplier will, as a rule, provide an assessment of the validity of the complaint within 3 weeks after taking over the subject of execution.
12. Protection of personal data
12.1. In order to fulfill the business argument, the supplier processes the customer's personal data. Information on how the supplier processes the seller's personal data is available athttps://cz.vwr.com/store/content/externalContentPage.jsp?path=/cz.vwr.com/cs_CZ/privacy.jsp
13. Services
13.1. The supplier offers warranty and post-warranty service for the delivered devices. The place of service intervention is the premises of the service center VWR International s.r.o., Pražská 442, Stříbrná Skalice. If the customer requests intervention at the point of use of the performance item or if the circumstances require intervention at the point of use, the travel costs of the service technician will always be charged according to the applicable tariff of the supplier.
13.2. The supplier is obliged to provide spare parts for the delivered goods, at least while they are still available from the manufacturer.
13.3. In the case of post-warranty service, the defect is first diagnosed and the customer is informed about the expected scope and price of the repair. If the repair is not subsequently confirmed by the customer, a diagnostic fee is charged, see the service price list.
13.4. In case of a request for servicing (warranty and out-of-warranty), the customer is obliged to provide the supplier with the necessary documentation, especially the Health Safety Protocol. A service intervention will not be initiated without the submission of a health fitness protocol, in which case the supplier will not be responsible for any delay in the repair date. The Health Safety Protocol form is available at https://cz.vwr.com in the service area.
13.5. The supplier has the right to engage third parties to provide warranty service.
13.6. The provision of warranty service at the customer's place of installation is territorially limited to the territory of the Czech Republic.
14. Liability
14.1. The supplier is liable to the buyer for damage caused by non-compliance with the supplier's obligations resulting from this relationship. In particular, the supplier is not liable to the customer for damage caused by:
a) maintenance of the subject of performance by a person other than the supplier or an entity authorized by him
b) incorrect or inappropriate use of the object of performance
c) using the execution object in an environment that is not recommended
14.2. The participants in this contractual relationship are not liable, except in cases established by the applicable law, for non-fulfillment of obligations caused by force majeure, or circumstances that arose against the will of the participants and which, even with all possible efforts, are, or are an objectively unavoidable accident.
15. General provisions
15.1. The supplier has the right to withdraw from this contractual relationship in the event that the customer is late in paying the sums according to these conditions for more than 14 days. The supplier also has the right to exercise retention of title in accordance with these general conditions.
15.2. The rights and obligations arising from this contractual relationship are governed by Czech law. The participants designate the competent court in Prague to resolve any disputes.
15.3. The text of these conditions is published on the Internet at https://cz.vwr.com/store/
15.4. The customer is aware that these General Terms and Conditions govern the mandatory relationships arising from the provision of the service and which arise at the moment of the customer's acceptance of the order issued by the supplier.
15.5. These terms and conditions come into force on January 1, 2020 and completely replace the previously issued Terms and Conditions.