Transport Conditions and Handling of the Goods
ŽALUZIE NEVA s.r.o.
This document issued by ŽALUZIE NEVA s.r.o. as the Seller (Contractor) is an integral part of the General Terms and Conditions and governs the conditions for the delivery of products to the Buyer (Customer). The following conditions are governed by the law of the Czech Republic, unless its application is excluded by binding provisions of international law.
Packaging
The Seller’s (Contractor’s) products may be packed in several ways, particularly in foil, in a carton, on a pallet or in a shipping crate, or in some other suitable manner. The packaging must reflect the method of transport to the Buyer (Customer).
Unless agreed to otherwise in advance, the packaging type is to be determined by the Seller (Contractor).
The outer packaging is marked with the Seller’s label containing in particular: the Buyer’s delivery address, order identification and additional information on the product. The packaging may also be marked with a stick-on label with the text “Caution, Fragile”. Packaging containing plastic guide rails and ISO-KASTL cases to be installed under the plaster are marked with a label containing a warning regarding the special storage requirements.
The accessories are packed in carton boxes marked with the Seller’s (Contractor’s) label.
Should the Buyer (Customer) require a form of packaging other than usual, such requirement shall be specified at the time of submission of the purchase order. This change may be subject to a charge. The suitability of the packaging is assessed by the manufacturer and in the event of disagreement, the manufacturer shall convey the decision to the Buyer.
The Buyer is obliged to store packaging and its accessories designated by the Seller as returnable in an appropriate place and return them to the Seller in an appropriate condition. If returnable packaging is not returned or if they are damaged due to insufficient care by the Buyer, the Buyer may be afterwards required to pay the damages.
Transport
The Seller’s (Contractor’s) products can be sent in several ways:
- By the Buyer’s own transport. The Buyer or a carrier ordered by them takes over the order at the Seller’s plant.
- By the Seller’s transport. The Seller delivers the goods to the Buyer’s place of business or to another address agreed beforehand, using internal transport or an external carried secured by the Seller as part of a regular delivery route.
- By external transport. The Seller sends the goods to the Buyer’s place of business or to another, pre-agreed address, using a selected external carrier.
The cost of transport shall be borne by the Seller or the Buyer pursuant to the Terms and Conditions, the particular order and the related delivery terms of Incoterms 2020. The transfer of risk is governed by INCOTERMS 2020.
The Buyer (Customer) is responsible for ensuring that the place of unloading is accessible and suitable for unloading from a standard lorry.
Unloading Assistance
For orders with a total weight over 150 kg or individual packages over 35 kg, the cooperation of the Buyer is required. The driver must not unload goods himself/herself in a volume greater than the above (occupational safety, possibility of damage).
When unloading the goods, the carrier is only obliged to prepare the goods for unloading from the loading area of the vehicle, not to further handle the goods at the place of unloading.
In the pre-announced unloading date, the Buyer shall provide the carrier with the possibility of depositing the goods and communication (telephone contact) for the possibility of announcing the unloading time if the Buyer requests a telephone announcement, this must be stated in writing at the time of placing the order, together with a contact person and mobile phone number for the announcement.
The cost due to the absence of the Buyer or person authorised by them at the place and time of unloading may be subject to additional billing for cost so incurred. Delays caused by the Buyer result in a delay in planned unloading at other customers. Extra costs invoiced to the Buyer may be added together in this way.
For the delivery of large-volume orders, i.e. goods placed on a pallet, in a crate or container, the Buyer shall secure appropriate equipment and its operation for unloading the goods.
If the Buyer or their representative is not present at the agreed time and place of unloading, and if it is not possible to contact the Buyer by telephone, the Seller or the carrier shall unload the goods at an alternative place designated by the Seller or, in the case of deliveries within the EU, take the goods back to the Seller. At this point, the goods are deemed to have been delivered. The costs related to finding storage capacities, storing or returning the shipment to the Seller’s place of business as well as further transport to the Buyer are already recharged in full to the Buyer.
Delivery Date
The time of delivery to the Customer and unloading times are determined by the number of unloadings, the route plan, the traffic situation and, for orders with delivery outside the EU, the customs procedure. The anticipated date of unloading specified in the Seller’s ordering system is considered to be the probable date of delivery of the goods. The Buyer is also informed about this date by e-mail. The Customer can check this date with the Seller.
If the Buyer requires the exact delivery of the goods to the place at the time they wish (so-called FIXTERMIN) or outside a standard delivery day (EXPRES), they must make this request at least 5 working days before the date of the announced completion of production, which is stated in the written order confirmation. A fee is charged for the service.
Acceptabce of goods (orders)
When taking delivery of the goods, the Buyer shall ensure that a person authorised to take delivery of the goods is present. In the consignment note and accompanying documents under legislation, the Buyer or a person authorised by them shall indicate their name in block letters, affix their signature and, if applicable, the stamp of the accepting organisation. The paper form of the consignment note may be replaced by digital form and electronic signature.
In the event that the goods are taken over by another person or the document does not contain all the required particulars, the Seller may change the conditions of transport and invoicing. The Buyer is responsible for taking delivery of the goods even if the order was unloaded at their request in their absence or if they were represented by a person designated by them, even if the order was unloaded at an alternative place. During unloading, the Buyer (Customer) or a person appointed by them on the basis of the delivery note checks in particular the number of packages, the condition of the packaging and the goods.
Reservations
In the event of incompleteness of a delivered order or suspected damage, the defects must be immediately photographed and recorded in the consignment note or other relevant shipping document. This must be reported in writing to the Seller immediately, but no later than 48 hours after the unloading of the order (goods). In the event of a later claim, it is not possible to ensure an objective assessment of the claim and to recover damages from the carrier. For this reason, the claim may not be admitted by the Seller.
Unloading without assistance
If the Customer’s responsible person is not present during unloading and thus it is unloading without assistance, the Seller shall bear no liability for any quantity which may be the subject of a complaint or alleged damage to goods, and the consignment shall be deemed to have been duly delivered. Unloading without assistance under 3) is also subject to a charge unless agreed otherwise.
Handling of Goods
The products can be transported only using covered means of transport, in original packaging, in a horizontal position, secured against displacement.
The products packaged separately (bubble foil and carton) are intended for manual handling. Wooden pallets and crates are adapted for manual handling using mechanised palletization resources.
Storage of Goods
Products need to be stored as follows:
- on a flat pad, minimum pad length = package length
- in horizontal position
- with an ambient temperature of -5 °C to +40 °C
- in a dry and roofed place
- protected from direct sunlight, condensed humidity and dirt
Changes in Transport Requirements by the Buyer
If the Buyer (Customer) requires delivery to an address other than the Buyer’s (Customer’s) registered office or contractually agreed usual place of delivery, this fact must be stated at the time of ordering, but no later than 5 days before the date of completion of production of the orders concerned. In the event that the Buyer informs the Seller late, this requirement may be rejected or made subject to a charge by the Seller. The Buyer is responsible for ensuring that the place of unloading is accessible and suitable for unloading from a standard lorry.
This change may affect the overall cost of transport.
Extraordinary Cost of Transport
Under points 1–8 of these Terms and Conditions of Delivery, the following may be subject to an additional charge:
- extra packaging compared to the arranged standard
- change in the place or date of delivery 5 days and less before the date of completion of the order
- EXPRES or FIXTERMIN delivery
- absence during unloading
- unreturned or damaged returnable packaging
The text of this document is drawn up in the Czech language. In the event of a dispute or any doubts in the interpretation of other language versions, the Czech language version shall be decisive at all times.