General terms and conditions

General business, delivery and warranty conditions of the company DIAGO SF s.r.o., 977 01 Brezno, Železničná No.7, ID: 36 037 443 /

1. BASIC PROVISIONS
1.1. All of these business relationships apply to these Terms of Service as agreed. These GTCs are an integral part of any business agreement where the seller is Diago SF s.r.o. and buyer any natural or legal person, unless the seller and the buyer explicitly agree otherwise in writing.
1.2. The provisions of these GBCs also apply adequately to the supply of services, works and performances, including assembly work.
1.3 By accepting the order, the Buyer also agrees to accept these GBCs. Legal relationships between the buyer and the seller are governed by these GBCs, which are both binding on both parties.


2. CONCLUSION OF THE TREATY
2.1. The contract is concluded when the seller and the buyer agree on its content in the subject and price section. Buyer agrees with the ordering price of the goods according to the seller's current pricelist.
2.2 The contract also includes a written / fax, e-mail / order of the buyer, confirmed by the seller and a written amendment to the contractual terms confirmed by the seller. The contract also arises by accepting the buyer's order so that the seller delivers the ordered goods to the buyer.

3. OFFER AND ORDER
3.1. Seller's offers are non-binding.
2.3 Tenders made by sellers when promoting goods or offers made for acquainting potential buyers with seller's products are non-binding and the seller reserves the right to change the offer or not to trade. In the interest of technical progress, the seller reserves the right to make technical changes to the company documentation.
3.3 Data on weight, dimensions, capacity, price, performance, etc. listed in catalogs, brochures, circulars, advertisements, image materials, and in the price lists are binding only if expressly referred to in the order confirmation.
3.4. Purchaser's order is binding. In the event of a refusal to accept the goods ordered by the buyer, the buyer is obliged to pay the seller the costs associated with the execution of this order.

4. PRICE AND PAYMENT CONDITIONS
4.1. Unless otherwise agreed in the contract, the price is EX WORKS Brezno according to INCOTERMS 2000 and does not include VAT and is binding on both parties from the date of the order confirmation until the issuance of the goods, subject to a change in the price depending on the EUR exchange rate on the date of invoice issuance until its full payment.
2.4 Buyer is obligated to pay the seller the agreed purchase price in a timely manner, along with VAT, that is, within the due date stated in the invoice addressed to the buyer in accordance with the billing information given in the order or in the purchase contract.
3.4 The buyer acquires ownership of the goods only after the full purchase price including VAT, including transport.
4.4 The Buyer is obliged to pay the purchase price to the Seller within the agreed period, otherwise within the due date of the tax document - invoices issued by the seller and sent to the buyer.
4.5 Upon failure to meet the due date of the invoice, the buyer is obliged to pay the seller a contractual fine of 0.05% of the amount due for each commenced day of delay, without prejudice to the legal claims of the seller on statutory interest for late payment and compensation.
4.6 The buyer is not entitled to withhold part of the purchase price or the entire purchase price due to any claims of goods or other claims against the seller. Buyer is not entitled, without the seller's consent, to unilaterally offset any claim against the seller with the purchase price.

5. EXCLUSION OF RIGHTS OF OWNERSHIP
1.5 All deliveries remain the exclusive property of the seller until the full purchase price, including transport and VAT, is paid. Until then, the buyer is not authorized to handle the goods. If such goods become part of a delivery to a third party, they are required to alert their purchaser to that fact.
2.5 If the purchaser is late with payment even though the purchase price is the buyer is obliged to return the goods, respectively. to the seller as the owner.

6. PACKAGING

6.1. Unless otherwise agreed,
- the price includes the packaging,
- the goods are packed in the usual manner so as to prevent damage to the goods when shipped to the agreed place of destination under normal transport conditions. Packaging is refundable only if it is agreed between the seller and the buyer.

7. TRANSITION OF DAMAGE TO DAMAGE TO GOODS

7.1. Danger of damage to the goods passes to the buyer at the moment of delivery of the goods to the buyer or when the buyer reaches the delay in taking the goods.
2.7 Unless otherwise agreed, the delivery of the goods to the buyer shall be deemed to be the moment of receipt of the goods by the buyer at the agreed place. In the case that the seller is obliged to send the goods to the buyer under the agreement with the buyer, the delivery of the goods is understood as the moment of delivery of the goods to the first carrier.

8. DELIVERY TIME

8.1. The delivery time agreed upon in the contract depends on the timely and proper cooperation of the buyer and its synergy regarding all technical, commercial and financial terms agreed with the buyer.
2.8 The Agreed Term / Time / Performance is adhered to by the Seller even if it allows the Buyer or Carrier to load goods from the Seller's warehouse or other agreed place, at the latest on the last day of this period. Seller's stock is the place where the seller has stored the sold goods and may not be at the seller's headquarters.
8.3. The buyer is obliged to take over the goods even after the agreed delivery period. In the event that the buyer is delayed to take over the goods for more than 10 days, the seller is entitled to withdraw from the purchase contract. If the seller resigns from the contract, the buyer is obliged to pay the seller the associated costs.
8.4. The seller is not obliged to deliver the goods to the buyer within the agreed time period or to deliver the goods to the carrier if there is reasonable cause for concern that the purchase price for the goods will not be paid properly or in good time to the buyer or the buyer is in delay with the payment of any claims of the seller to the buyer. If the seller refuses to deliver the goods to the buyer or the carrier for these reasons, he is not in delay with the delivery of the goods until the expiration of the time when the buyer has lost the reasons for the detention of the goods.
8.5. Partial deliveries are allowed.

9. WARRANTY AND LIABILITY
9.1. The seller provides the buyer with a 24-month quality guarantee for the goods, respectively. according to the manufacturer's warranty period. The warranty period begins when the buyer passes the right to dispose of the goods. The seller during the warranty period guarantees the technical level, the quality and the functional reliability of the goods that comply with the valid legal regulations of the Slovak Republic.
2.9 Obvious and obvious defects of the goods are the purchaser obliged to complain during the inspection of the goods, which the buyer is obliged to make when the goods are taken over, but not later than within 7 days from taking over the delivery. Other defects that arise after delivery of the goods to the buyer are the purchaser entitled to claim without undue delay after their discovery.
9.3. The buyer is entitled to claim defects in the warranty period only if he proves that these defects were not due to the incorrect handling or use of the goods and that they were not caused by other circumstances excluding liability for defects.
9.4. Claims of defects are filed in good time if they are notified to the Seller without undue delay in the written form with the exact specification of the defect and the claimed claim for defects as a result of the defects, after its detection during the warranty period.
9.5. As a claim, subject to a prompt and timely claim, the buyer may require the delivery of the missing goods or the repair of the defective goods or the replacement of the goods if the defect is irreparable.
9.6. For parts of the merchandise purchased by the seller from subcontractors, the seller bears responsibility for defects only within the legal claims he has against his subcontractors. If the goods are sold to the seller according to the design, drawings or models of the buyer, the seller is not responsible for the correctness of the construction, functionality, etc., the Seller does not provide a guarantee for the repair, alteration or conversion of second-hand goods or goods.
9.7. The seller is not responsible for any damage to the health of persons, property that is not the subject of a purchase contract, and is not responsible for the buyer's lost earnings unless the circumstances of the individual case indicate that the damage occurred due to a gross violation of the seller's obligations. For this purpose, a gross violation means a situation where the seller leaves unnoticed the serious consequences of the act or neglect that he would otherwise have to assume or knowingly disregard the possible consequences of his or her way of dealing.

10. WITHDRAWAL OF THE TREATY
1.10 The seller has the right to withdraw from the purchase contract in the event of a buyer's delay with the payment of the purchase price or due to a substantial breach of contract by the buyer.
2.10 The buyer has the right to withdraw from the contract if the seller fails to fulfill a substantial obligation under the negotiated contract, despite the written notice of the possibility of withdrawing from the purchase contract and providing a reasonable period. The buyer does not have the right to withdraw from the purchase contract and has not provided the necessary co-operation to the seller for the performance of the contract.
10.3. The seller or buyer may withdraw from the purchase contract if they are unable to meet their obligations as a result of the so- higher power. For the purposes of these GBCs, natural disasters, social unrest and etc.

11. COMPETENCE OF THE COURT, APPLICABLE LAW, DISPUTE SETTLEMENT

11.1. The competent court for settling a dispute between the parties is a court in accordance with the Slovak legal order.
11.2. Legal relationships that have arisen between the seller and the buyer are governed by Slovak law, in particular the Commercial Code and the relevant legal regulations.

12. These Business Terms and Conditions are valid and effective on the date of their publication at www.diago.sk

                   in Brezno on 1.1.2017
                                                   Director: Ing. Slavomír Kupčok

Claiming order

The obligations of the sellers in the complaint procedure are governed by the provisions of Section 273 of the Commercial Code, the Civil Code (further only the Act No. 4011964 Coll., As amended) and Act No. 250/2007 Coll. on Consumer Protection and on Amendment to Act No. 372/1990 Coll. On offenses as amended by Act no. 397/2008 Coll.

General provisions
The application and the procedure of claim settlement are subject to the superior regulations in the Section 273 of the Commercial Code, the Civil Code (further only the Civil Code - Act No. 40/1964 Coll., As amended) and Act no. 250/2007 Coll. on Consumer Protection and on Amendment to Act No. 372/1990 Coll. On offenses in the wording of Act no. 397/2008 Coll. and only applies to goods that were purchased at all DIAGO SF, s.r.o. and whose claim was made during the warranty period.
The purchased goods are accompanied by a tax document for the purchase, or a warranty sheet, on which the identification and / serial numbers and warranty period. If the nature of the matter so permits, only the proof of purchase of the goods will be issued to the customer. In that case, only a proof of purchase will be sufficient to provide a claim.
Warranty conditions
DIAGO SF, s.r.o. in accordance with the aforementioned legislation, provides the following warranties:
  • 24 months for custom-made items
  • Three months to repair and modify things
  • 24 months for sold goods
  • 12 months when selling used items
The warranty period is stated on the warranty card or invoice when issued.
If the time for any item of goods is not indicated, the warranty is 24 / word twenty-four / month. This period begins on the date of issuance of the purchase receipt and is extended by the time the product was in the warranty repair and its length is from the time the claim is made until the day the consumer is obliged to take over the goods after the repair has been completed, even if the buyer did not do so.
The warranty covers all visible and hidden damage to the goods that are incompatible with its functionality. Errors that do not prevent the proper use of the item in such cases shall entitle the consumer to an appropriate discount on the price. The amount of the discount is a matter of agreement between the buyer and the seller. For goods where this is necessary, the seller will issue a warranty card, which the buyer will receive with the goods. For other goods, the buyer proves the origin of the goods by invoice (receipt from the cash register, delivery note). Because of this, the buyer is obliged to keep this document and the packaging of the claimed goods during the warranty period and to keep it.
The buyer is required to view the goods after they have been taken over without undue delay. By downloading, we understand the delivery of the goods to the customer. At the same time, it is obliged to notify the Seller (or the Carrier) immediately after completion of the inspection of the delivered goods any deficiencies (damage, lack of delivery of the goods) which he has discovered or which could be ascertained during expert inspection. In the event of a difference in the quantity or type of goods with the invoice data, it is necessary to immediately report this status to the seller, or to make the damage record of the carrier at the time of picking up the goods.
The wear and tear characteristic of the material or use is not considered a defect. It is not a defect, the census of the nature of the matter being sold indicates that its life is shorter than the warranty period, and when it is used normally, it will result in its total wear before the expiry of the warranty period.
The Buyer is obliged to notify the Seller of the shortcomings found in writing at the seller's address and to provide proof of the damage. In the notice, the purchaser must indicate the deficiencies found (characteristics as they appear) and must state the claim that he / she claims as a result of the damage. The buyer may, due to damage to the goods, take the following steps: delivery of missing goods, exchange of damaged goods, reasonable discount on the purchase price of the goods, withdrawal from the contract.
The claimant will send the claimant in writing by mail to the address of the seller or fax 048/6711151 or by e-mail to: diagogdiago.sk The customer will deliver the goods claimed at the expense of the DIAGO SF, s.r.o. or other, to the supplier's specified address. The goods must be in the complete state, including handbooks, cables and other accessories. For each item, he must provide proof of purchase of the goods together with the warranty card, if issued.

Entitlement to the warranty expires in the following cases:

  • repatriation of the goods by inspection of the goods taken over, or writing of the damage record
  • removing the serial number or seal if it is on the product
  • mechanical damage, improper installation, handling and operationby using goods under conditions that do not match their environment
  • if the goods have been damaged by elements (water, fire, lightning ...) or the goods have been damaged by excessive load or inappropriate use or damaged by other external influences
In the case of unjustified consumer goods complaints, the seller is entitled to charge the consumer with the work necessary to test the goods at a rate of 11.60 € excluding VAT for each and every hour of work commenced.
Company 'DIAGO SF, s.r.o. reserves the right to replace bad and non-repairable products for goods with the same parameters.
In the case of non-warranty repairs, DIAGO SF, s.r.o. the right to compensation for the incurred service costs associated with the handling and diagnosis of the malfunction, even if it later turns out that the correction of the error would be unprofitable or irreparable. The rate is 11.60 € excluding VAT for each commenced hour of work.
The item is a regular 30-day (30-day) warranty period from the date of receipt. delivery of the goods unless the seller has agreed otherwise with the buyer. The buyer is obliged to take over the goods after the complaint within the agreed time limit, at the latest within one month of the expiration of the time when the correction was to be made.
Applicable law, final provisions
The legal advice of the Slovak Republic is applicable to this Complaint Procedure and all legal relations between Seller and Buyer. Disputes that may arise between contracting parties in the performance of their contractual obligations shall be settled out of court, if agreement is not reached, it shall be the case that in the event of a dispute, a commercial court at the seller's seat shall be responsible for its decision.
This Claim Policy enters into force on July 1, 2011. Will cancel all previous provisions and practices in handling complaints and product warranty. DIAGO SF, s.r.o. reserves the right to amend this Complaint Procedure.

                                In Brezno 1 1. 2017                                                                 Approved by: Ing. Slavomír Kupčok - Director