General terms and conditions

General business conditions of the company Harmanec – Kuvert, spol. s.r.o., with registered office at Padličkovo 3, 977 01 Brezno, ID number: 36 618 675, registered in the commercial register of the Banská Bystrica District Court, section Sro, insert no. 8413/S

I. General provisions

1.1       Company Harmanec – Kuvert, spol. with r. o., with registered office at Padličkovo 3, 977 01 Brezno, ID number: 36 618 675, registered in the commercial register of the Banská Bystrica District Court, section Sro, insert no. 8413/S (hereinafter referred to as “Harmanec – Kuvert, spol. s r. o.” or “seller”), within the scope of its business, mainly deals with the production of postal envelopes, postal bags, paper bags and their sale to its customers.

1.2. These general terms and conditions govern the legal relations and conditions that arise between the company Harmanec – Kuvert, spol. with r. about. and its customers who are not consumers (hereinafter referred to as “customer” or “buyer”) when buying and selling its products and are an integral part of the purchase contract concluded between the company Harmanec – Kuvert, spol. with r. about. and customers (hereinafter referred to as the “purchase contract”), and have the nature of business conditions in accordance with the provisions of § 273 of Act no. 513/1991 Coll. The Commercial Code, as amended (hereinafter referred to as the “Commercial Code”).

1.3. These general terms and conditions apply to all transactions between the company Harmanec – Kuvert, spol. with r. about. and customers, including all services provided in this regard. 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 the company Harmanec – Kuvert, spol. Ltd. and customers. Verbal statements of employees of the company Harmanec – Kuvert, spol. with r. about. towards customers are not for the company Harmanec – Kuvert, spol. with r. about. binding.

1.4. These general terms and conditions are binding for the customer from the moment he enters into a legal relationship with the company Harmanec – Kuvert, spol. with r. o., i.e. from the moment when the company Harmanec – Kuvert, spol. with r. about.and any legal act performed by the customer in writing.

II. Rights and obligations of the contracting parties

2.1       The customer undertakes to properly familiarize himself with all the terms of the concluded business in advance, specifically with the content of the purchase contract, with these general terms and conditions, which are published on the website of the company Harmanec – Kuvert, spol. s.r.o., as well as with any other written documents that the company Harmanec – Kuvert, spol. Ltd. in connection with the concluded business will hand over.

2.2 The customer further undertakes:

– in all written documents, always state your true, correct and valid identification and contact data (in the case of a legal entity, in particular, business name, registered office, ID number, VAT number, if it is a VAT payer, email address and phone number; in the case of a natural person, an entrepreneur in particular – first and last name, business name, unless it is identical to the first and last name, place of business, permanent residence, unless it is identical to the place of business, ID number, VAT ID number, if it is a VAT payer, email address, phone number);

–        mention the company Harmanec – Kuvert, spol. Ltd. correct and complete data, or other data that are for the company Harmanec – Kuvert, spol. Ltd. necessary, due to the realization of the business in the event that their company Harmanec – Kuvert, spol. Ltd. requires from the customer;

–        to always properly and on time fulfill all the obligations to which the customer has committed, due to the relationship with the company Harmanec – Kuvert, spol. Ltd.;

–        in the premises of Harmanec – Kuvert, spol. Ltd. always comply with generally binding legal regulations, including all fire and other safety instructions and pay attention to the instructions of the employees of Harmanec – Kuvert, spol. Ltd.; otherwise, the customer is obliged to pay Harmanec – Kuvert, spol. Ltd. all damages caused by violation of this provision.

III. Delivery conditions

3.1 The quantity, specification, terms and method of delivery of the goods shall be agreed in separate written orders. Each order issued and properly delivered to the seller by the buyer must contain, in particular: the buyer’s business name, its registered office/place of business, ID number, VAT number, postal address to which the seller will send invoices, unless it is the same as the registered office/place of business of the buyer. order number, exact specification and quantity of goods to be delivered based on the order, place and time of delivery of goods, method of delivery of goods, name and contact of the buyer’s employee responsible for the given order.

3.2 The buyer delivers the order to the seller’s headquarters by sending it by post, fax or email directly to the seller’s address.

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 actual delivery of the goods related to that order.

3.4 By confirming the order, a contractual relationship is created between the seller and the buyer, and the buyer is entitled to the unchanged price of the goods during the period specified in the confirmed order.

3.5 Each delivery of goods must be duly drawn up, numbered and duly signed by the seller and the buyer. The delivery note must contain in particular: identification data of the buyer and seller (business name, registered office/place of business, ID number, VAT ID number), order number, exact specification and quantity of delivered goods.

3.6. on the day of its handover to the carrier for transportation to the destination.

3.7       In the event that the buyer is in arrears with the payment of his obligations to the seller, the seller has the right to suspend the delivery of further goods, until the payment of all the buyer’s obligations to the seller.

3.8         Prices can be agreed with DAP transport – agreed destination or without EXW transport, Brezno plant.

3.9          The method of transportation is agreed in the purchase contract or in another written form.

IV. Price

4.1         Prices can be agreed upon in the sense of the seller’s valid price lists or individual prices.

4.2 Prices must always be agreed in writing.

4.3         Price of printing blocks:

• Sticks can be invoiced to the buyer separately and in that case they are not included in the price of the paper bag.

V. Payment terms

5.2          The seller is obliged to issue an invoice to the buyer in accordance with the applicable legal regulations, no later than 5 working days after the delivery of the goods.

5.3 An invoice as a tax document must contain all the requisites of a tax document according to the VAT Act.

5.4. 2 of the Commercial Code.

5.5 Payment terms are agreed individually and must be agreed in writing.

5.6       Invoices become due on the day the goods are dispatched, unless otherwise agreed in writing between the contracting parties. The due date of individual invoices, unless the contracting parties have agreed otherwise, is 30 days from the date of dispatch of the goods.

5.7        In case of non-payment of the price within the due date, the seller is entitled to interest due to delay in the amount 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 fees, legal services of the seller, costs related to enforcement proceedings).

5.8         In the event of non-payment of the price within the due date, the seller also has the right to a contractual penalty in the amount of 0.05% of the price for each day of delay.

VI. Receivables insurance

6.1 The seller reserves the right to claim insurance in the form of:

– receivables insurance

– bank guarantee

– otherwise.

6.2    The costs of insurance of receivables are paid by the seller.

6.3 In the event that the seller’s claims against the buyer are not insurable, the buyer must pay the purchase price before the delivery of the goods.

VII. Warranties and liability for defects

7.1     The seller provides the goods delivered on it – postal envelopes (entire assortment), postal bags (entire assortment) and paper bags (entire assortment), a warranty of 6 months. The warranty period starts from the delivery of the goods to the buyer. The warranty does not apply to a defect due to which a lower price of the goods was negotiated.

7.2 The seller undertakes to deliver the goods in a quality corresponding to their usual purpose of use. The deviation tolerance of paper envelopes and paper bags is as follows:

7.2.1 Paper bags: Postal envelopes:

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

Deviation in dimensions +/- 5% +/-1%

Deviations in the actual delivered quantities of paper bags compared to the ordered quantity of paper bags. The seller reserves the right to deliver to the buyer the quantities actually produced with the following tolerance compared to the ordered quantity:

Order quantity:                          Tolerance:

• Standard dimensions:

3,000 pcs – 10,000 pcs +/- 20%

10,000 pcs – 50,000 pcs                     +/- 10%

over 50,000 pcs +/- 5%

• Non-standard dimensions:

all quantities +/- 20%

7.2.2 Printing:

• The buyer defines the print color according to Pantone Sold Uncoated or HKS N.
• If the buyer requests a color that is not in the catalog, the seller can determine the color using a photospectrometer.
• The permitted difference between print and catalog is Delta E +/- 5%.
• If the buyer submits to the seller his own color sample printed on a material that is different from the one to be printed on, the buyer is aware and agrees that the color shade will not be the same, as the same color shade looks different on various printed materials.

7.2.3 Deviations in paper color:

• Paper is a natural material made from primary and secondary fibers. The seller does not guarantee the constancy of the shade of the paper.

7.2.4       Carrying capacity of a paper bag:

• The carrying capacity of a paper bag is from 5 to 12 kg, depending on the type of material.The bearing capacity is calculated on the strength of the material under a distributed load.

7.3          The buyer undertakes to carry out an inspection of the delivered goods upon receipt of the goods and undertakes to report any obvious defects in the delivered goods to the seller without undue delay, along with the necessary documents.

7.4         Defects obvious during the delivery of the goods, the buyer is obliged to complain to the seller within 5 days from the delivery of the goods, otherwise the right to liability expires. Other defects must be claimed by the buyer by the end of the warranty period at the latest.

7.5        In the case of a claim for goods with a value of more than EUR 150, the seller reserves the right to inspect the claimed goods within 5 working days of receiving the written claim. If the buyer has not prepared the delivery of the claimed goods for inspection, the seller will not accept the claim.

7.6        Claims from product defects include the buyer’s right to exchange the product for a flawless one, or the right to provide an adequate discount on the purchase price. In the event of a dispute in the complaint procedure, the contracting parties undertake to comply with the relevant legal regulations regarding rights from liability for product defects.

7.7        The warranty does not apply to defects in the goods that were caused by poor handling or storage by the buyer or incorrect or uneconomical use of the goods or use of the goods contrary to the purpose of its use or contrary to applicable technical standards.

VIII. Date of delivery

8.1 Unless otherwise agreed, the delivery date is stated in the written confirmation of the order. When printing goods, the delivery period starts from the approval of the materials for printing.

8.2 Compliance with the seller’s terms of delivery presupposes timely and correct fulfillment of the buyer’s obligations

IX. Force majeure

9.1         If the seller is prevented from fulfilling his contractual obligations due to force majeure, their fulfillment will only continue when these obstacles have passed. This applies even if the seller’s performance is late. The seller is obliged to notify the buyer of the beginning and end of the force majeure. If such an obstacle should last longer than three months, each contracting party has the right to withdraw from the contract.

9.2 Force majeure represents foreign actions, unforeseeable and uncontrollable reasons such as: strikes, natural disasters, lack of raw materials and energy, fire, war, rebellion or other events that cannot be influenced by the seller, regardless of whether they occurred in the seller’s company or a foreign company. , or a company on which production or transportation of goods depends.

X. Final provisions

10.1 These general terms and conditions take precedence over any different declarations of persons acting on behalf of the company Harmanec – Kuvert, spol. s.r.o., unless this different declaration was made in writing and was signed by a person who is authorized to act on behalf of the company Harmanec – Kuvert, spol. Ltd.

10.2 Different agreements contained in the written purchase contract (or written order duly confirmed by Harmanec – Kuvert, spol. s.r.o.), concluded between Harmanec – Kuvert, spol. Ltd. and customers, have priority over the provisions of these General Terms and Conditions.

10.3 The customer is not entitled without the prior written consent of Harmanec – Kuvert, spol. Ltd. assign any rights, claims or obligations arising from the purchase contract to a third party or set off any of your claims against the seller’s claims arising from the purchase contract.

10.4       Legal relations established by the purchase contract and/or these general terms and conditions are governed by the legal order of the Slovak Republic and all possible disputes fall within the jurisdiction of the courts of the Slovak Republic.

10.5        The relevant provisions of the Commercial Code apply to legal relationships not regulated by the purchase contract and/or these general terms and conditions.

10.6       The customer’s general contractual/commercial conditions or any other general contractual/commercial conditions cannot be applied to the legal relations established by the purchase contract and/or these general business conditions, unless the contracting parties agree otherwise in writing.

10.7       These general terms and conditions become valid and effective on 24/05/2019.