SVKENGGERCZERUSHUN

General Terms and Conditions

of Harmanec - Kuvert, spol. s r.o, with its registered office at Padličkovo 3, 977 01 Brezno, IČO: 36 618 675, registered in the Commercial Register of the Banská Bystrica District Court, Section Sro, file no. 8413/S

I.             General Provisions

  1. 1.1          The company Harmanec - Kuvert, spol. s r.o, with its registered office at Padličkovo 3, 977 01 Brezno, IČO: 36 618 675; 8413/S (hereinafter referred to as "Harmanec - Kuvert, spol. s r.o or "Seller"), is mainly engaged in the production of postal envelopes, mail bags, paper bags and their sale to its customers.
  1. 1.2.         These General Terms and Conditions govern the legal relations and conditions that arise between Harmanec - Kuvert, spol. s r.o and its non-consumer customers (hereinafter referred to as “Customer” or  “Buyer”) in the purchase and sale of its products and are an integral part of the purchase contract concluded between Harmanec - Kuvert, spol. s r.o and Customers (hereinafter referred to as the "Purchase Contract") and are in the nature of business conditions within the meaning of Section 273 of Act no. 513/1991 Coll. of the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”). 
  1. 1.3.         These General Terms and Conditions apply to all transactions made between Harmanec - Kuvert, spol. s r.o and customers, including all services provided in this context. In individual cases it is possible to deviate from these General Terms and Conditions, but only on the basis of a written agreement concluded between Harmanec - Kuvert, spol. s r.o and a Customer. Oral statements of employees of Harmanec - Kuvert, spol. s r.o towards customers are not mandatory for Harmanec - Kuvert, spol. s r.o
  1. 1.4.         These General Terms and Conditions are binding for the Customer from the moment it enters into a legal relationship with Harmanec - Kuvert, spol. s r.o, i.e. from the moment when any legal act is performed in writing between Harmanec - Kuvert, spol. s r.o and the Customer.

II.           Rights and Obligations of the Parties

  1. 2.1                The Customer undertakes to familiarize itself in advance with all terms and conditions of the concluded trade, in particular with the contents of the Purchase Contract, with these General Terms and Conditions, which are published on the website of Harmanec - Kuvert, spol. s r.o as well as any other written documents handed-over to the Customer by Harmanec - Kuvert, spol. s r.o in connection with the concluded trade.
  1. 2.2                The Customer further undertakes:
  • in all written documents always state its genuine, correct and valid identification and contact data (in the case of a legal entity, in particular the business name, registered office, company identification number, VAT number in the case of a VAT payer, email address and telephone number; in case of a natural person - name and surname, business name, if not identical with the name and surname, place of business, permanent residence, if not identical with the place of business, VAT number in the case of a VAT payer, email address, telephone number);
  •  to submit to Harmanec - Kuvert, spol. s r.o correct and complete data or other data that are necessary for Harmanec - Kuvert, spol. s r.o in view of the realization of trade, if the company Harmanec - Kuvert, spol. s r.o request them from the customer;
  • to fulfill all its obligations to which the Customer has committed in due and timely manner with respect to the relationship with Harmanec - Kuvert, spol. s r.o;
  • in the premises of Harmanec - Kuvert, spol. s r.o always comply with generally binding legal regulations, including all fire and other safety instructions, and follow the instructions of Harmanec - Kuvert, spol. s r.o; otherwise, the Customer shall be obliged to reimburse Harmanec - Kuvert, spol. s r.o for any damage caused by breach of this provision.

III.          Delivery Terms

  1. 3.1          Quantity, specification, terms and method of delivery of goods shall be agreed in separate written orders. Each order issued and duly delivered by the Buyer to the Seller must contain in particular: the Buyer's business name, its registered office/place of business, company identification number, tax identification number, VAT ID, mailing address to which the Seller will send invoices, unless it is identical with the registered office/place of business order number, exact specification and quantity of goods to be delivered on the basis of the order, place and time of delivery of the goods, method of delivery of the goods, name and contact to the employee of the Buyer responsible for the order.
  1. 3.2          The Buyer shall deliver the order to the Seller's registered office by sending it by regular mail, fax or email directly to the Seller's address.
  1. 3.3          The Buyer is obliged to notify the Seller in writing of any changes in the order no later than 5 days before the delivery of the goods related to the particular order.
  1. 3.4          Confirmation of the order creates a contractual relationship between the Seller and the Buyer and entitles the Buyer to the unchanged price of the goods during the period specified in the confirmed order.
  1. 3.5          Each delivery of goods must be duly executed, numbered and duly signed by the Seller and Buyer in the delivery note. The delivery note must contain in particular: identification data of the Buyer and the Seller (business name, registered office/place of business, company identification number, VAT number), order number, exact specification and quantity of delivered goods.
  1. 3.6          Delivery of goods is fulfilled on the day of its handover to the Buyer, respectively on the day of its handover to the carrier for transport to the place of destination.
  1. 3.7          In the event that the Buyer is in delay with the payment of obligations to the Seller, the Seller has the right to suspend delivery of other goods until the payment of all obligations of the Buyer to the Seller.
  1. 3.8          Prices can be agreed with DAP transport - agreed destination or without transport, EXW, Brezno plant.
  1. 3.9          The method of transport is agreed in the purchase contract or in another written form.

IV.           Price

  1. 4.1          Prices may be agreed in accordance with the Seller's valid price lists or individual prices.
  1. 4.2          Prices must always be agreed in writing.
  1. 4.3      Price of printing blocks:
  •             The blocks can be invoiced to the Buyer separately and are not included in the paper bag price.

V.             Payment Terms

  1. 5.1           The Seller is obliged to issue an invoice to the Buyer in accordance with the valid legal regulations within 5 working days from the delivery of the goods.
  1. 5.2           The invoice as a tax document must contain all the particulars of the tax document according to the VAT Act.
  1. 5.3           The invoice is paid on the day the invoiced amount is credited to the Seller's account stated on the invoice, pursuant to § 339 par. 2 of the Commercial Code.
  1. 5.4           Payment terms are agreed individually and must be agreed in writing.
  1. 5.5           The maturity of invoices shall commence on the day of dispatch of the goods, unless agreed otherwise in writing between the Contracting Parties. The maturity of individual invoices, unless agreed otherwise by the parties, is 30 days from the date of dispatch of the goods.
  1. 5.6           If the price is not paid by the due date, the Seller is entitled to interest on late payment of 0.06% of the price for each day of delay. The Buyer is also obliged to reimburse the Seller for all costs related to the recovery of the claim (especially court fee, legal services of the Seller, costs related to the execution proceedings).
  1. 5.7         In case of failure to pay the price by the due date, the Seller shall also be entitled to a contractual penalty of 0.05% of the price for each day of delay.

VI.           Insurance of Receivables

  1. 6.1    The Seller reserves the right to insurance of receivables in the form of:
  • insurance of receivables
  • bank guarantee
  • otherwise.
  1. 6.2    The costs of insurance of receivables are paid by the Seller.
  1. 6.3          If the Seller's receivables against the Buyer are not insurable, the Buyer must pay the purchase price before delivery of the goods.

VII.        Warranty and Liability for Defects

  1. 7.1          The Seller provides a 6-month warranty on the goods it delivers - mail envelopes (the whole assortment), mail bags (the whole assortment) and paper bags (the whole assortment). The warranty period starts from the delivery of the goods to the Buyer. The warranty does not apply to a defect, based on which a lower price of goods has been negotiated.
  1. 7.2          The Seller undertakes to deliver the goods in a quality corresponding to its usual purpose of use. The tolerance of deviations of paper envelopes and paper bags is as follows:
  1. 7.2.1   Paper bags:                                                                         Postal envelopes:

           Paper weight deviation           +/- 5%                                               +/-5%

           Dimensions deviation           +/- 5%                                                 +/-1%

Deviations in the quantity of paper bags actually delivered compared to the quantity of paper bags ordered. The Seller reserves the right to deliver to the Buyer the quantities actually produced with the following tolerance against the ordered quantity:

           Ordered quantity:                                    Tolerance:

  • Standard dimensions:        

3 000 pces – 10 000 pces                 +/- 20%
10 000 pces – 50 000 pces               +/- 10%
above 50 000 pces                             +/- 5%           

  • Non-standard dimensions:

all quantities                                        +/- 20%

  1. 7.2.2   Printing:
    1. 7.2.3    Paper color variations:
  • The Buyer defines the color of the print according to Pantone Sold Uncoated or HKS N.
  • If the Buyer requests a color that is not in the catalog, the Seller can detect the color using a photospectrometer.
  • Allowed difference between printing and catalog is Delta E +/- 5%.
  • If the Buyer submits to the Seller its own color sample printed on a material different from that to be printed, the Buyer is aware and agrees that the color shade will not be the same, since the same color shade looks different on different printed materials .
  • Paper is a natural material made from primary and secondary fibers. The Seller does not guarantee paper shade stability.
  1. 7.2.4   Paper bag carrying capacity:
  • The carrying capacity of the paper bag is from 5 to 12 kg depending on the type of material. The carrying capacity is calculated on the strength of the material under distributed load.
  1. 7.3          The Buyer undertakes to inspect the delivered goods upon receipt of the goods and to notify the Seller (providing the necessary documents) of any apparent defects in the delivered goods without undue delay.
  1. 7.4          The Buyer is obliged to claim the defects obvious at the delivery of the goods to the Seller within 5 days from the delivery, otherwise the right related to liability expires. Other defects must be claimed by the Buyer at the latest by the end of the warranty period.
  1. 7.5          In the case of a claim for goods with a value higher than 150 EUR, the Seller reserves the right to inspect the claimed goods within 5 working days of receipt of the written claim. If the Buyer has not prepared the delivery of the claimed goods for inspection, the Seller will not accept the claim.
  1. 7.6          Claims for defects include the Buyer's right to exchange the goods for defect-free ones, or the right to a reasonable discount on the purchase price. In the event of a dispute in the complaint procedure, the Contracting Parties undertake to comply with the relevant legislation concerning rights of liability for defects in goods.
  1. 7.7          The warranty does not apply to defects of the goods caused by improper handling or storage of the Buyer or incorrect or inconsiderate use of the goods or use of the goods contrary to their intended use or contrary to the applicable technical standards.

VIII.      Delivery date

  1. 8.1          Unless agreed otherwise, the delivery date is specified in the written order confirmation. When suppressing the goods, the delivery period starts from the approval of the documents for printing.
  1. 8.2          Compliance with the delivery conditions of the Seller presupposes timely and correct fulfillment of the Buyer's obligations.

IX.          Force majeure

  1. 9.1          If the seller is prevented from fulfilling its contractual obligations due to force majeure, their performance will continue only after these obstacles have passed. This also applies if the Seller's performance is delayed. The Seller is obliged to notify the Buyer of the beginning and the end of force majeure. Should such an obstacle last for more than three months, each Contracting Party shall have the right to withdraw from the Contract.
  1. 9.2          Force majeure represents foreign activities, unforeseeable and uncontrollable reasons such as: strikes, natural disasters, lack of raw materials and energy, fire, war, riot or other events beyond the control of the Seller, regardless of whether they occurred in the business of the Seller or the foreign business, or the undertaking on which the production or transport of the goods depends.

X.             Final Provisions

  1. 10.1      These General Terms and Conditions shall take precedence over a possibly different declaration of persons acting on behalf of Harmanec - Kuvert, spol. s r.o, unless such different declaration would be made in writing and signed by a person authorized to act on behalf of Harmanec - Kuvert spol. s r.o
  1. 10.2      Different agreements contained in a written Purchase Contract (or a written order duly confirmed by Harmanec - Kuvert, spol. s r.o), concluded between Harmanec - Kuvert, spol. s r.o and Customers take precedence over the provisions of these General Terms and Conditions.
  1. 10.3      The Customer is not entitled, without the prior written consent of Harmanec - Kuvert, spol. s r.o, to assign any rights, claims or obligations under the Purchase Agreement to a third party or set off any claims against the Seller's claims under the Purchase Agreement.
  1. 10.4      The legal relations established by the Purchase Contract and/or these General Terms and Conditions are governed by the law of the Slovak Republic and all possible disputes fall within the jurisdiction of the courts of the Slovak Republic.
  1. 10.5      Legal relations not regulated by the Purchase Agreement and/or these General Terms and Conditions are subject to the relevant provisions of the Commercial Code.
  1. 10.6      Legal relationships established by the Purchase Agreement and/or these General Terms and Conditions shall not be subject to the Customer's General Terms and Conditions or any other General Terms and Conditions unless otherwise agreed by the parties in writing.
  1. 10.7      These General Terms and Conditions come into force and effect on 24.5.2019.

In Brezno, on 24.5.2019