1. Preamble
The Business Terms and Conditions are intended for the implementation of the wholesale activities of the Ornamental Nursery Záříčí s.r.o., Záříčí 305, 76811, IČ 25350994, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 111770, (hereinafter referred to as the Supplier).
2. Demand - offer - order
The supplier shall provide the customer with an offer based on the received demand. This offer is not binding, but is the basis for issuing the order by the customer in written or electronic form. When the supplier confirms the order in writing or electronically, it becomes binding on both parties. The order confirmed in this way becomes a purchase contract, which is an integral part of these terms and conditions, signed by both parties.
The order must contain:
Customer identification data - business name, registered office, company ID, VAT number, email address,
The exact specification of the goods - name, size and quantity
Date and place of delivery
Date, name and signature of the responsible person
Method of collection
3. Delivery of goods
Goods (plant material) are issued to the customer on the basis of a delivery note, which is issued immediately upon loading at the nursery.
If the goods are transported by the customer, the risk of damage passes to the customer at the moment when the supplier hands over the goods to the carrier designated by the customer. The customer then takes responsibility for all care of the transported goods.
In case the goods are transported by the supplier, the customer then takes responsibility for all the care of the goods at the moment of signing the delivery note.
The customer is obliged to collect the goods within 5 days of being called by the supplier. If he fails to do so, the supplier may deliver the goods or charge storage costs at the customer's expense. He can also sell the goods to another customer.
A refusal to purchase for reasons other than plant parameters and quality is considered a serious breach of contract.
Goods become the property of the customer only at the moment of payment of its value to the supplier.
4. Price and payment terms
The price stated in the offer and in the order does not include the VAT rate, which is added only when the tax document is issued.
The due date of the issued tax document (invoice) is 14 days, unless this period is agreed individually.
5. Quality
The supplier guarantees the quality of the goods, that is, the plants will be in a living condition, good condition, free of diseases and pests and mechanical damage. Furthermore, the supplier guarantees that the delivery corresponds to the order.
The quality of the plant material is governed by ČSN 464902 - Ornamental tree species, which is supplemented by the standard of the Association of Nursers of the Czech Republic in 2001.
6. Warranty and complaints
The customer is obliged to check the goods upon receipt and has the right to request replacement of the goods, if the delivery does not correspond to the content of the order - authenticity of the genus, species, variety, size and health, eventually mechanical damage at the time of acceptance. In the event that the customer can not submit their comments directly at the kindergarten when taking goods, complaints must be made within two days. Later complaints are disregarded.
The supplier is responsible for the non-frost-resistant plants until they are handed over to the customer, ie takeover by the customer at the nursery or at the place of destination, if he provides transport.
Hidden damage from the winter that preceded the moment of delivery of the goods to the customer are considered as defects only if the goods show up to 15.5. of the year in which the goods were delivered and the Customer shall notify the claim in writing by 31.5.
The seller's liability for defects covered by the quality guarantee does not arise if these defects were caused by improper handling by the buyer (improper use, mechanical damage, missing or insufficient plant care).
When making a complaint, the customer must provide the necessary cooperation to examine facts that demonstrate the correct technological procedure for planting and proper subsequent maintenance. The goods must be transported in a closed means of transport. Planting must be carried out immediately after delivery of the goods. When planting trees with a ground bale, the planting pit must have at least twice the volume of the bale and create an irrigation bowl mulched by a bark in a layer of at least 10 cm. The planting pit must be filled with quality soil. Trees from 12-14 cm in size must be anchored to three poles, a crown cut must be made and the trunk covered with jute or other suitable material. All plantings must be sufficiently watered immediately after planting and subsequently. All bare-rooted plants must be set up immediately after taking over and sufficiently watered or planted, a reduction cut of the above-ground part, an adequate cut of the root system, mulch planting and sufficient watering.
In the event of a complaint, the supplier has the right to request entries in the construction diary and photo documentation.
If the claim is accepted, the replacement of the claimed goods will be made in exchange for new goods.
7. Other arrangements
Agenda and disputes arising under these Terms and Conditions shall be governed by the applicable laws of the Czech Republic.