General Terms and Conditions

Exclusively the written form shall apply for the validity of contractual agreements between the contractual parties (Symtex and customer). In the event of competing information or data, the most current documents that are available/sent to both contractual partners are deemed to be agreed. Illustrations are symbolic photos; neither delivery contents, delivery limits nor other information can be derived from these. During the course of the project, Symtex will provide interface drawings and documents, which must be approved by the buyer in a company-specific manner and on time. These are therefore contractually specified.

• First order: 100% after placing the order.
• Any additional order after the first: 60% of the full amount after placing the order, 30% after successful program acceptance, 10% 14 days net after program integration at the end customer.
• The supply of goods is exempt according to § 64 of the VAT Act valid in the Czech Republic and/or as an intra-Community supply (Art. 138, VAT Directive 2006/112). Services are invoiced without sales tax, as the reverse charge procedure applies.
• If the equipment is ready for shipment and the customer gives no instructions for shipment, it will be stored at the risk and expense of the customer; the storage confirmation replaces the CMR and the final payment has to be made against invoice.
• Shipping costs are always exclusive, charged in a separate invoice at cost + 15% packaging and handling fee.

The delivery date on the order confirmation starts after technical clarification, receipt of the order confirmation and receipt of the agreed first down payment. The exact delivery date is shown on the order confirmation.

Once the product is ready for shipping, the customer will be informed about the shipment to the recipient address. Any other transport location must be requested at the latest when placing the order and shipping costs may vary.

The product will be delivered assembled as far as possible. Installation, commissioning and set-up are not included in the scope of delivery unless otherwise agreed.

If some components have to be provided by the customer, the delivery time begins with receipt of the last missing part.

Country of origin: Czech Republic and European Union.

By placing an official order, the agreement is binding and cannot be cancelled without the written agreement of the supplier.

The order is deemed to have been placed and the contract concluded if Symtex has sent a written order confirmation and this has not been verifiably objected to by the customer within 10 days. This also applies if the order confirmation differs from the order in individual points. The subject matter of the contract is the content defined in the order confirmation.

• Documentation: connection definition, systems and machine documentation, electrical plan, documentation of all purchased components, operating instructions, maintenance schedules and, if applicable, declarations of incorporation. All documents are provided in .pdf format or, by arrangement, in printed form.
• Documentation is provided once on data storage media and once in printed form. Each additional printout is charged between EUR 30 and EUR 240 depending on effort; each additional data carrier EUR 30. Documentation is provided in German or English by default; other languages are charged between EUR 820 and EUR 4,500 per language.
• Any changes or additions to the scope of delivery after conclusion of the contract must be recorded in writing and are only valid with the written consent of Symtex (definition of the changed scope, additional costs and payment dates, resulting postponements of the delivery date).
• Painting: special colors that are not standard Symtex colors can be charged up to EUR 4,500 depending on effort; only RAL colors are possible (Aluminium grey RAL 9007, Opal green RAL 6026, Light grey RAL 7035, Dust grey RAL 7037, natural stainless steel). Symtex retains the right to place its labels of ownership and logos on the outside of the machine.

The machine is not designed as a stand-alone machine and must be integrated into an existing system or a system provided by the customer. Therefore, all directives of machinery and liabilities are the responsibility of the customer.

The buyer, as the system operator, undertakes to set up a suitable security area and to ensure that only people who meet the physical and mental requirements, wear suitable protective clothing and have been adequately instructed about the risks have access. A declaration of incorporation in the sense of Machinery Directive 2006/42/EC is part of the project-specific documentation.

Symtex machines and system components are developed, constructed and assembled in the Czech Republic or EU countries in accordance with the standards in force when the order is placed. Deviating local or national standards must be announced by the buyer before the order is placed; otherwise Symtex is entitled to adjust prices and delivery times accordingly.

Even after commissioning and handover of the system, Symtex Brno s.r.o. offers fast and comprehensive service globally. In addition, individual service, training, standby or process agreements can be tailored to the system or machine.

The warranty applies exclusively to the scope of delivery from Symtex Brno s.r.o. The warranty period, unless otherwise agreed, is 12 months and begins with the successful commissioning by a Symtex technician or a person authorised by Symtex; it ends in any case no later than 18 months after delivery. Defects must be reported to Symtex immediately in writing. The supposition rule of § 924 of the General Civil Code is precluded.

Warranty claims are excluded if the system is put into operation on an unauthorised basis, if other devices or machines are installed without the prior written consent of Symtex, and in the event of unauthorised changes to the programming or software. The warranty also excludes damage caused by incorrect operation, loose or detached components, foreign objects and inadequate care and maintenance. Wear parts and short-lived components such as fuses and seals are also excluded.

• Reservation of title: if the system is delivered before full payment, Symtex reserves ownership until full payment has been made and is entitled to indicate this externally. The buyer must protect Symtex's property against third parties and notify Symtex immediately if there is a risk of loss of ownership.
• Limitation of liability: Symtex holds business insurance with total coverage of EUR 500,000; claims for damages are limited to this maximum. The parties limit each other's liability to gross negligence and intent. Non-material damage, consequential damage and pure financial loss are limited to a maximum of 50% of the total order amount, but no more than EUR 40,000. The parties are not liable for lost business or lost profits. This limitation does not apply to injury to life, body or health or to the Product Liability Act. Claims expire three years after knowledge of the damage and the perpetrator, and in any case five years after delivery and service.
• Place of jurisdiction and jurisprudence: this agreement is governed by Czech law to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is “Krajský soud Brno” and the language of proceedings is Czech.
• Acceptance: by placing the order, the customer agrees to all written points above and accepts them in full scope.