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AG FOIL s.r.o.

Veselé 426
922 08 Veselé
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Tel.: +421 337 720 541
+421 337 720 542
Fax.: +421 337 720 543

Email: predaj@agfoil.com

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General Terms and Conditions (GTC) Company AG FOIL s.r.o.


I. INTRODUCTORY TERMS

General Terms and Conditions (GTC) Company: AG FOIL s.r.o., Veselé 426, 922 08, Veselé near Piestany, ID: 35823801(supplier) are becoming an integral part of a purchase contract or a binding order. General terms and conditions set out the main principles of supply-purchase relations, the conditions of production, supply and handling of products agreed in contractual relation. For the customer, these GTC are binding. Customer is bound by them and notified when entering into a business relationship with the supplier on the basis of an order, or at the time of signing a contract. These GTC can be found on the website of the supplier www.agfoil.eu and freely accessible.


II. CONTRACTS, ORDERS AND THEIR IMPLEMENTATION

1. Supplier's product offer is not a contract proposal and does not bind him to supply any of these products. To enter into a contract based on order, the supplier's written confirmation is always needed (by email, fax).

2. It is the responsibility of the customer when establishing new supplier-customer relations, to provide the supplier with all their identification documents, mainly the copy of extract from the Commercial Register or trade license and registration certificate, Tax registration ID or VAT registration.

3. The customer will provide all documents necessary, specified by the supplier to allow the processing of his request (order). The customer will also provide all necessary assistance in relation to the product specification (production materials, dimensions, designs, conditions of supply and so on).

4. Should the customer fail to provide the supplier with the necessary documents or cooperation in the time of production preparation, the contractor reserves the right to suspend the start of production until the time when these conditions are met and to delay the agreed time of delivery by a length of time matching the delay caused by the customer.

5. The supplier shall have the right to refuse an order or request of such customer, who in the past did not adhere to his contractual obligations, in particular non-payment of bills for collected goods.

6. The supplier is not responsible for the contextual or substantive differences in assignments supplied by the customer (order, graphics data) if the customer did not warn the supplier in writing before the approval of graphics, did not ask for their elimination, or in cases where the supplier alerted the customer about faults or discrepancies and the customer still insisted on proceeding, as well as cases where the supplier was unable to detect faults or discrepancies. Should these events have a negative effect on the quality of the assignment and subsequently the quality of the final product, this fact is not considered to be due to a poor performance of the supplier. Graphic data for the label production are mutually reconciled strictly in writing. After the final version of graphic design has been approved, the contractor is not liable for defects in the product caused by incorrect approval of graphics as these are serving as a basis for making printing forms. Before finalizing the design and producing the printing forms it’s possible to provide the customer with calibrated print proofs which are comparable to the actual printing results delivered by the printing machines. These however do not serve as a basis for comparing colour of the actual print production. Calibrated proofs are for informational purposes only, ash they are produced by different printing technology and we will not accept a complaint or a claim against our products based on difference in colour of the print proof. The printing result is also influenced by print technology and its fundamental characteristics: UV flexo printing, UV offset printing, UV screen printing, etc. After sending the order for re-production, a further approval of graphical design of labels it is not needed, as long as there is no change in graphics.

7. The supplier is not responsible for any infringement of intellectual property or copyright, which is committed by the customer within the contractual period. In the event of any penalties (particularly damages, contractual penalty) against the supplier arising from such breach, the supplier is entitled to claim these costs from the customer.

8. The customer is required to specify all technical data needed for label production defined in the 'label specification form' located on www.agfoil.eu/xxxxx. These shall be sent to the supplier or alternatively, the customer may also specify the parameters in writing by email or fax prior to production. Technical parameters for thermal transfer foils and dating foils are to be specified in the 'foil specification form' located on www.agfoil.eu/xxxxx, which is required to be send to the supplier, or alternatively the customer may specify the parameters in writing by e-mail or fax prior to production.

9. The minimum requirements for price quotation must include:

  • Product name and its exact specifications
  • The required quantity
  • Product dimensions 
  • Intended use
  • Required delivery date (day, mounth, year)

10. Minimum requirements for the first product order must include:

  • Number of quotation based on which the order is being placed
  • Customers internal product code - if specified
  • Product name and its exact specification according to the quotation
  • The ordered quantity
  • Delivery address
  • Billing address

11. Minimum requirements reorder the product must include:

  • Supplier reference code for required item (see invoice / delivery note); Customers internal reference code is also acceptable 
  • Product name
  • Ordered product quantity
  • Quotation number and product price based on the quotation
  • Required delivery dates
  • Delivery address
  • Billing address

12. The customer is to pay fixed costs associated with the preparation for production, especially printing plates and cutting tools. These remain the customer´s property for a period of six months from the last execution of production and are stored by the supplier for future possible use. Should the customer not collect the item within 12 months from the last production, supplier gains ownership of the said printing forms or cutting tools on the day following the expiry of the 12-month period without charge and has the right to deal with them at his discretion. Cutting tools and printing forms are subject to wear, therefore the supplier bares the costs of their subsequent production. Worn cutting tools and printing plates are disposed of and a new cutting tools and printing plates are the property of the supplier.

13. A minimal order quantity is required for some of the raw materials used for the production of semi-finished products (non-standard materials), that are not normally on offer. When planning the production of a product from these non-standard materials, supplier notifies the customer in advance of this fact. Should the customer confirm such order he is required to pay for the entire quantity of such material at the time of initial production. If a part of this material remains unused, the contractor will store it for a period of 6 months from the initial production at his own expense for possible future use. In the case of repeated production, the price paid for the raw material will be deducted from the final bill. If the material remains unused at the end of the 6-month period, it becomes the property of the supplier on the next day following the 6-month period. The supplier may use this material according to his own will, without having to notify the customer.

14. The implementation of the product is always initiated based on contract (order) endorsed by both parties. The data used for the conclusion of the contract (contract / order) between both parties, is the quotation sent by the supplier to the customer upon written request, specifying product requirements. The customer will place an order based on the quotations requirements according to section 10 and 11 of the Terms and Conditions. The customer and supplier are entering into a contract as soon as an order is confirmed.

15. The customer is responsible for the way the label production is ordered, especially for the choice of material from which he requires the label to be made of, for the fact that the chosen material and manufacturing technology normally used for label production are suitable for further use in a way matching the customer’s intention. In case the supplier is required to take responsibility for a particular supply of labels, their appropriate use it must be expressly agreed by both parties and the customer must: provide detailed written documentation of technologies to be used and procedures to be followed, how he intends to further process or apply the labels (for what products, how, for what temperature, etc.). If necessary, the customer is obliged to carry out experimental tests according to the supplier’s recommendations and at his own expense, using specific labels. The customer can assess the suitability of the labels based on the outcome of the testing.

16. If the parties agree on the termination of the contract, the buyer is obliged to pay any demonstrable implementation/production costs to date, up to a total contracted price.

17. A product will be manufactured and delivered in a quality corresponding to the respective capabilities of used production technology and parameters confirmed the order.

18. The supplier may, due to the capabilities of used production technology, deviate from the amount specified by customer by a maximum of +/- 5% of the total one-off supplied amount of any one item. The customer is obliged (the quantity concerned) to meet this criterion and to pay the price for the quantities actually delivered.

19. The parties may agree that the supplier, based on customer orders, can manufacture larger product quantities for the customer and store them at his warehouse, while the customer has the right to be collecting goods gradually. The parties will agree that an integral part of the contract for manufacturing goods to the warehouse is always an arrangement of precise deadlines in which is the customer required to remove the goods from the supplier’s warehouse. The customer is bound by the agreed deadlines. In the event that a customer does not collect the goods from the warehouse on time and properly, the supplier is entitled to remove the goods from storage and bill the customer the by invoice in such way as if he was to receive them. If the customer orders more goods to for storage at the suppliers’ warehouse, and the parties did not reach an agreement about specific collections of goods from the supplier’s warehouse, or there are doubts about such arrangement, the customer is obliged to collect all goods within a period of three months of production of the products (goods) and is also required to pay for the whole quantity within the same period. Transport costs in such cases are met by the customer.

20. All communication is also accepted by fax or email.

21. Contact address of the supplier: AG Foil, s.r.o, Veselé 426, 922 08 Veselé
predaj@agfoil.com, www.agfoil.eu


III. PURCHASE PRICE AND PAYMENT TERMS

1. Quotation (price offer) includes proposal of prices (costs) for the implementation of customer requirements, including the proposed payment terms.

2. Unless the quotation suggests otherwise, it is understood that the purchase price is EXW (without transport costs included).

3. The product price includes a valid rate of VAT or other taxes, customs or other fees in force at the time of shipment.

4. Payment terms are negotiated individually, based on a proposal in quotation.

5. The customer is obligated to pay the supplier the agreed purchase price under the agreed conditions.

6. The supplier issues a tax document (original invoice) not earlier than the date of taxable supply, ie. The date of the expedition, together with the delivery note.

7. In the event of customer default in payment, the supplier is entitled to charge the customer a penalty of 0.15% of the outstanding amount for each calendar day of delay after the due date of payment.


IV. DELIVERY TERMS

1. The supplier shall deliver the product to the customer at the deadline specified in the confirmed order.

2. Unless otherwise stated in the quotation, standard delivery terms are EXW.

3. If the customer arranges his own transportation at his own cost, he shall indicate this in his order. In this case, goods are considered to be delivered upon submission to the carrier. The risk of damage to the goods are transferred to the customer at the time of handover.

4. If the customer fails to state in writing that he wishes to collect the goods at the premises of the supplier, the supplier is entitled to deliver the ordered product in any suitable manner to the headquarters of the customer. In this case, the service provided by the supplier at the customer's expense.

5. The contractor will supply the entire quantity ordered at once, or if required by the customer order quantity divided into lots.

6. The goods become the property of the buyer only after the entire price has been paid. Customer confirms the receipt of the goods by signing the delivery note, which he scans and sends to the supplier via email – on the email address predaj@agfoil.com.

7. The customer is obliged to check to detect any discrepancies immediately upon product delivery. Should any discrepancy occur, customer contacts their supplier and sends a written notice of non-compliance identified in accordance with the Complaints Procedure.

8 . If the parties agreed on returning logistics packaging, the customer shall do so in accordance with previously agreed conditions.

9. If the packaging is not returned under these conditions, the supplier is entitled to charge the customer the full price according to the valid price list.

10. If the buyer is in arrears with payment of its obligations towards suppliers for more than 10 days, the supplier is entitled to suspend the production and delivery of all running contracts until payment for all obligations of the customer is received by the supplier. Crediting the final amount due to the supplier's account a new run of the agreed deadlines for implementation begins. In such cases the supplier has the right to require advance payment for their implementation - the deadline fulfilment then begins on the date of advance invoice payment - crediting the amount to the account of the supplier.


V. HIGHER POWER

1. If the supplier cannot meet his obligations, directly or indirectly, for reasons beyond his control (such as war, threat of war, insurrection, sabotage, fire, terrorist attack or threat, storm, flood, explosion, natural disasters, government regulation or restriction of the European Union, strike, complete or partial destruction of plant or production line of supplier or its subcontractors, supply contractors, change in customs regulations, import and export quotas, a ban on export or import), and which are capable of preventing him from fulfilling the contract, the supplier shall immediately inform the customer, in this case the supplier is entitled unilaterally withdraw from the contract or the two parties will mutually agree on further action. The period of fulfilment will be extended accordingly. In these cases, the supplier is obliged to compensate the other party´s damages, including lost profits.


VI. PACKAGING

1. All supplier’s product packaging is to adequately protect the product against damage during handling and transport.

2. The packaging of the product is marked with a unique number (Product ID).

3. The standard supplied products are packaged according to the current offer of AG FOIL s.r.o.


VI. WARRANTY TERMS AND CONDITIONS

1. Supplied products have a 12 months’ warranty from date of manufacture marked on the package unless otherwise indicated, such as a note on the invoice or a clause in the contract.

2. Quality of delivered products is governed by rules set out in Art. II.

3. Recommended conditions for product transportation, storage:

  • Storage in undamaged, original packaging
  • Normal relative humidity environment (50 ± 5%)
  • Temperature (22 ° C ± 2 ° C)
  • Stored away from direct sunlight, radiant heat
  • Protection against natural or other humidity, pollution, weather and mechanical damage
  • Should not be stored with other products or substances which can release chemical vapors, particularly substances containing plasticizers, solvents or the like.
  • It is advised to use oldest stored products as first
  • Repacking partially consumed products in their original packaging or those recommended by supplier


VIII. COMPLAINTS

1. The customer is obliged to label the goods he wishes to make a claim against clearly, by applying an identification label which can be found on each roll of labels or in each box in which the labels are delivered.

Every label contains the following information:

Label code, LOT number, production date. Purchaser acknowledges that identification label is a basic identification document specifying the origin of goods and the contractor is not obliged to recognize a claim without submitting the claimed goods together with the identification label.

2. Claims for defects of goods: The supplier is to solve claims of this kind by either, elimination of the defects, delivery of missing goods, a reasonable discount on the purchase price, while the supplier has the right to determine by which of the stated ways will each particular case be solved.

3. Delivery of defective goods is not a material breach of contract.

4. The claim shall be governed by the Complaints Procedure AG Foil s.r.o. published on
http://www.agfoil.eu (section 'Support').


IX. FINAL PROVISIONS

1. When selling all its products supplier assumes that the customer independently and freely decided on their suitability for the intended use.

2. The supplier shall be responsible for any damages caused by his activities up to the actual amount, or up to the amount of the value of the undelivered or incorrectly delivered goods.

3. The terms agreed upon in purchase agreement, an amendment to the purchase agreement or a written and confirmed order outweigh these terms and conditions. All other legal relations and obligations of the Contracting Parties shall be solved in accordance with §273 of the Commercial Code valid in the Slovak Republic.

5. Issues that arise from industrial relationships between customer and supplier will be addressed preferably by personal or written contact. A lawsuit will be considered as a last resort.

6. In the case of contracts translation and these General Terms and Conditions translated into another language the interpretation of the Slovak version is considered to be the ultimate version.

7. These General Terms and Conditions, published on http://www.agfoil.com, come into force on January 1, 2016.