General Terms and Conditions

1 Introductory provisions

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the business company Družstvo U ŽUKA ID No.: 27609171 | VAT No.: CZ27609171 Dr 6582 registered at the Municipal Court in Prague Registered office: Pod Altánem 1099/83, Prague 10, 100 00, (hereinafter referred to as the "Contractor") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a contract for work (hereinafter referred to as the Contract) concluded between the Contractor and another natural or legal person (hereinafter referred to as the "Client").

Provisions deviating from the Terms and Conditions may be agreed in the Contract. Deviating provisions in the Contract take precedence over the provisions of the Commercial Terms.

The provisions of the Terms and Conditions are an integral part of the Contract.

The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2 Conclusion of the Contract

The Contract is concluded either by the conclusion of a written contract signed by both the Contractor and the Client, or by the acceptance of the Contractor's offer by the Client on the basis of a written, e-mail, telephone or verbal order.

The subject of the Work Contract is the Contractor's obligation to carry out the order, i.e. to perform all construction and assembly work including the supply of necessary materials and equipment (hereinafter referred to as "Work"). The Client undertakes to accept the Work and to pay the price of the Work in due time.

3 Withdrawal from the Contract

Withdrawal from the contract can only be made in writing and is valid from the moment the written withdrawal is delivered to the other party.

The client may withdraw from the contract during the repair or maintenance carried out at the place designated by the client at the client's request, however, until the completion of the contract, the client is obliged to pay the price of the performance already carried out by the contractor after a protocol inventory.

After all repairs have been carried out, the customer may no longer withdraw; this does not apply, however, in the case of subsequent repairs other than those requested or the delivery of spare parts other than those requested.

The contractor may withdraw from the contract if the client insists on carrying out the work according to an apparently improper order or using an apparently improper item even after the contractor's notice.

The Contractor may also withdraw from the Contract in the event of a serious breach of obligations by the Client, in particular in the event of late delivery of documents by the Client necessary for the performance of the Work.

4 Price

The right to payment of the price of the work arises upon completion of the work. If the work is accepted in parts, the right to payment of the price for each part shall arise upon completion.

If the Work is carried out in parts or at considerable cost and if the parties have not agreed on the payment of an advance, the Contractor may demand a reasonable part of the remuneration during the execution of the Work, taking into account the costs incurred, up to a maximum of 100 % of the preliminary price of the Work.

The preliminary price of the work is determined by the contractor by estimation. The final price of the Work will depend on the extent of the actual works and supplies required for the execution of the Work. The Client agrees that the Price of the Work will be quoted by the Contractor after completion of the Work.

If the contractor discovers after the conclusion of the contract that the price determined by the estimate will have to be substantially exceeded, he shall notify the client without undue delay, stating the new price; if he fails to do so without undue delay after he has discovered the need to increase the price, or should have discovered it and could have done so, he shall not be entitled to payment of the difference in price. In such a case, the client may withdraw from the contract; he shall pay the proportionate part of the originally determined price to the contractor if he benefits from the contractor's partial performance. If the client does not withdraw from the contract without undue delay after receipt of the notification of the higher price, the client shall be deemed to have agreed to the price increase.

If the parties agree after the conclusion of the contract to limit the scope of the work and do not agree on the consequences for the amount of the price, the client shall pay the price adjusted to take into account the difference in the scope of the necessary work and the reasonable costs associated with the changed performance of the work.

If it is not stated that the price is inclusive of value added tax, the price is deemed to be exclusive of VAT.

The price of the Work shall be payable to the Contractor's representative immediately upon completion of the Work or by prior agreement on the basis of an invoice. Invoices are due 1 day after issue, unless the Contractor and the Client agree in writing on a different due date. In case of doubt, the Client shall be deemed to have received the invoice on the 3rd working day after it has been sent to the Client.

In the event of non-compliance with the invoice due date, the Customer undertakes to pay a contractual penalty of 0.2 % per day for each day of delay of the amount due until the invoiced amount is paid in full.

The Customer understands and fully agrees that in the event of non-compliance with the agreed deadline for payment of the invoice, the claim will be transferred to a legal entity, namely a law firm, for further legal recovery. Further, the Obligor agrees and acknowledges that all costs associated with the legal collection of the claim, including but not limited to, court fees, attorneys' fees and court costs, shall be borne in full by the Obligor. The Obligor further acknowledges that in the event of the claim being handed over to a debt collection company, the Obligor shall be required to pay a fee of CZK 10,000, which shall become an immediately due and indelible debt to the Contractor.

The work is the property of the contractor until the invoiced amount is paid in full, including any contractual penalties. After payment of the full amount, the ownership right passes to the client.

5 Term of performance

The work is done when it is completed and handed over.

The Client accepts the completed work with or without reservations. If the client accepts the work without reservations, the court shall not grant him a right based on an obvious defect in the work if the contractor argues that the right was not exercised in time.

If the work is carried out in stages and if the individual stages can be distinguished, it may be handed over and accepted in parts.

6 Defective and late performance

The customer is obliged to inspect the work as soon as possible after the risk of damage to the work has passed, immediately upon acceptance. If the client discovers a defect in the work, he must immediately notify the contractor of the defect at the place of acceptance.

If the defective performance is a material breach of the contract, the customer shall have the right

a) to remedy the defect by supplying a new work without defect or by supplying the missing item,

b) to remedy the defect by repairing the work,

c) a reasonable discount on the price of the work

The Client shall inform the Contractor of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Client cannot change the choice made without the consent of the Contractor; this does not apply if the Client has requested the repair of a defect that proves to be irreparable. If the contractor fails to remedy the defects within a reasonable time or notifies the client that he will not remedy the defects, the client may demand a reasonable discount on the price of the work instead of remedying the defects.

As long as the client does not claim the right to a reduction in the price of the work or does not withdraw from the contract, the contractor may supply what is missing or remedy the legal defect. The contractor may remedy other defects at his option by repairing the item or by supplying a new item; the choice must not cause unreasonable costs to the client.

The warranty period of 24 months applies to defects in the work discovered after the time of handover.

In order for a claim to be accepted, the Client is obliged to complain about the Work to the Contractor, without undue delay after their discovery, to the email of the Contractor, which can be found on the website www.rychlapohotovost.cz.

The Contractor is obliged to notify the Client within 30 days after receipt of the complaint whether it accepts the complaint.

7 Warranty and liability

The contractor provides the following guarantees to the client for the services provided:

a) In case of replacement of a spare part: 12 months warranty on material and 12 months warranty on labour.

b) In case of repair without replacement of the spare part: There is no warranty for this service.

c) In the case of installation of new equipment: the warranty for the equipment according to the warranty conditions of the equipment manufacturer, and 24 months warranty for the installation.

d) No warranty is provided for sewer line cleaning service.

e) In the case of delivery of materials by the customer, no warranty for the work and materials is provided

The warranty for materials and work only covers defects that become apparent during the warranty period.

In order for the guarantee to be invoked, the defect must be proven and notified to the contractor as soon as it is discovered.

The warranty does not cover defects caused by misuse, unauthorized interference with equipment or services, or other external factors beyond the control of the contractor.

8 Other provisions

The Contractor shall not be liable to the Client for damage caused by circumstances excluding liability, e.g. government intervention, operational, transport and energy failures, e-commerce system failures, strikes or lockouts, natural disasters. These circumstances shall be grounds for postponement of the contractual obligations on the part of the contractor for the duration and to the extent of the effectiveness of these circumstances. Partial performance that has been carried out in the meantime may not be refused by the client.

All business relations are governed by the legal order of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, and related regulations. The GTC are the basic terms and conditions for the execution of the work for the Client, and insofar as they deviate from the dispositive legal norms of the applicable legal system of the Czech Republic, they take precedence over these norms.