Commercial Terms and Conditions
Orders may be submitted in writing (by e-mail, fax, post), by telephone or in person at the Commercial Department.
Orders must contain the following identification details of the customer:
- Trade name
- Company Number
- Taxpayer Identification Number (VAT)
- Billing and delivery address
- Telephone contact (for any further specification of the order)
- E-mail to which confirmation of the order should be sent
- E-mail to which the electronic invoice should be sent (in the case of payment by bank transfer)
An order must contain the following information about the goods ordered, according to which the goods may be correctly identified:
- standard (DIN, ISO, ČSN or other specification, for example drawing documentation)
- surface treatment
- number of pieces
- where applicable, the agreed price or reference to our price offer
Another method of ordering goods, for customers who have registered in our e-shop, is to place a direct electronic order. This method of placing an order comes with a 5 % discount.
If the customer requests as such, we are also able to provide the option of ordering goods with the use of EDI communication.
Goods in stock from orders delivered by 10:00 a.m. will be expedited on the same day and delivered within 48 hours (within the Czech Republic and the Slovak Republic).
Goods in stock from orders delivered after 10:00 a.m. will be expedited on the next day and delivered within 72 hours (within the Czech Republic and the Slovak Republic).
For goods which are not in stock, a price offer is compiled, stating the possible term of delivery.
We ship goods to the customer using contractual shipping services.
We are connected to a system of shipment tracking, which makes it possible for us to inform the customer immediately of the status of its consignment. If the shipment has already been delivered, we find out the time and the name of the employee who accepted the consignment.
Goods can also be collected in person at the dispatching warehouse in Úpice (if you are able to provide us with the approximate time of collecting the goods in the order, we guarantee fast handling without any waiting).
We can also deliver goods to our customers in the form of KANBAN, now using modern technology.
- We keep a back-up supply of goods at our warehouse for such customers and in doing so we reduce their storage costs and can at the same time attend to regular and smooth replenishment of goods to production (automatically generated orders using barcode scanners).
- We compile a proposal for the best resolution of KANBAN deliveries of goods, tailor-made for each particular customer, based on the information provided (required range, its labelling, consumption during the relevant period, spatial capacities, etc.).
We deal with deliveries of goods to other countries on an individual basis. We deliver goods using our contractual shipping service. Customers can also collect goods themselves or using their own shipping service from the dispatching warehouse in Úpice.
The prices of goods change depending on the prices of input materials and the fluctuation of the exchange rate of the CZK to the € and the $.
Customers who have registered for the Internet shop have the opportunity to find out the latest prices right away.
We keep a back-up supply of goods at our warehouse for customers to which we supply goods using the KANBAN system (regular deliveries of goods directly to production) for a contractual price agreed in advance.
If required, we can deliver an exact quantity of goods and not just a whole package from the manufacturer – we charge an unpacking fee of CZK 100 for this service.
- the unpacking fee is only charged when the customer requires a lower quantity than the number of pieces in one package;
- the unpacking fee does not apply to packages of up to 25 pieces or to items according to DIN 6914, 6915, 6916, 7990, 975, 6880 and NORD-LOCK washers.
Sets of goods packed as required can also be prepared for a fee.
The terms and conditions of payment
- These are subject to agreement. In general, we only provide regular customers with the opportunity to pay invoices by bank transfer. The payment term is arranged by agreement with the customer and depends on the reliability of the customer in paying invoices.
- Customers can pay by cash when collecting their goods in person at the dispatching warehouse in Úpice.
- We value customers that pay on time, just as we have to pay our own suppliers on time. For this reason we offer our customers a discount of 2 % when they pay invoices within 7 days – more information is provided on individual invoices.
- Receiving goods is understood to be signing a delivery note or advice of delivery from the shipping company or the post office.
- The customer should only accept consignments from the shipping service or from the post office with no visible signs of damage.
- If a consignment is visibly damaged, the customer must write up an official record with the carrier and if after opening the consignment the customer discovers that the contents were damaged in transit, it must inform the dealer of this in writing or by telephone without delay (within one business day).
Quality on receiving and rights arising from defective performance
The responsibility of the seller for quality is given by the Civil Code. The seller is accountable to the buyer for goods being faultless when received by the buyer. The seller is primarily accountable to the buyer for the fact that, at the time when the buyer receives the goods:
- the goods have the properties which the parties agreed and, if there is no such agreement, such properties which the seller or the manufacturer described or which the buyer expected with regard to the nature of the goods and based on the advertising of the seller or the manufacturer;
- the goods are suitable for the purpose of use which the seller states or for which an item of this kind is normally used;
- the goods correspond, in terms of quality or execution, to the agreed sample or model, if quality or execution was specified according to an agreed sample or model;
- the goods arrive in the corresponding quantity, measurement or weight;
- the goods comply with the requirements of legal regulations.
If a fault appears in the course of the six months following acceptance, it is considered that the goods were faulty upon acceptance.
The buyer is, in accordance with the provisions of Section 2165 of the Civil Code, authorised to exercise a right arising from a fault which appears in goods, in its packaging, in the instructions enclosed with the goods or in advertising in accordance with the period of time for which the goods can be used, as specified by other legal regulations; the time limits specified in the relevant provisions on warranties for quality apply to the exercise of rights arising from liability for faults.
The provisions of Section 2165 of the Civil Code do not apply;
- to goods sold for a lower price as a result of a defect for which the lower price is agreed;
- to wear and tear of goods caused by using them in the standard way;
- in the case of used goods, to a fault which corresponds to the degree of use of wear and tear which the goods had when being accepted by the buyer; or
- if it ensues from the nature of the goods.
Information about claims and returns can be found in the Claims and Returns Procedure.
CLAIMS AND RETURNS PROCEDURE
1. General provisions
- This Claims and Returns Procedure has been compiled in accordance with the provisions of the Civil Code. The Procedure governs the way in which claims of goods are made, the fundamental terms and conditions of such claims and exercising rights from the warranty.
- The Claims and Returns Procedure applies to claiming faults to goods which are under warranty.
- The Claims and Returns Procedure is an inseparable part of the contract on the purchase of goods between the seller and the buyer.
2. Fundamental expressions
- Warranty claim shall mean exercise of the right of the buyer on account of liability for a fault to goods, exercised by the buyer against the seller in person, in writing or by email in an official form, containing the identification details of the buyer, the goods, a description of the fault and how the fault is manifested.
- Warranty certificate shall mean a document issued by the seller which contains a minimum of the particulars laid down by law and which sets out the specific conditions and extent of the warranty on goods.
- The buyer shall mean the party with which the seller has entered into a contract on the purchase of goods.
- The seller shall mean MEKR´S s.r.o., Anny Letenské 34/7, 120 00 Praha 2.
- Goods shall mean purchased material from the MEKR´S s.r.o. range.
3. The scope of the warranty
The warranty applies to:
- faults to goods which are manifested during the warranty period after the buyer has received the goods;
- an incorrect delivery of goods, meaning a different number of pieces, a different type or a different range.
4. The invalidity of a warranty claim
A warranty claim will not be recognised:
- if the warranty claim on the fault is not made within the warranty period;
- for goods ordered over the telephone;
- when cancelling goods over the telephone;
- after more than 10 calendar days have passed since receiving the goods if the warranty claim relates to a different number of pieces, a different type or a different range;
- in the case of wilful changes to the original data written by the buyer in the warranty certificate or delivery note;
- in the case of amateur installation, repairs or other interventions;
- in the case of modifications which change the original properties or parameters of the goods, for example surface treatment, a change of dimensions, hardness, etc.;,
- in the case of use, operation or handling of the goods contrary to the purpose of their use;
when breaching protective stickers or seals, if the manufacturer of the goods has provided them with one;
- damage to the goods caused by the elements.
Returning goods is not the same as making a warranty claim – if the customer returns goods which were delivered in line with the customer’s requirements, the supplier reserves the right to charge a cancellation fee of up to 100 % of the value of the returned goods.
If the buyer does not send back the goods in a warranty claim in the original quantity and in the original packaging, the supplier reserves the right to charge a fee of up to 50 % of the value of the sent goods to cover the extra costs associated with re-packaging.
5. Warranty period
- The specific length of the warranty period always corresponds at a minimum to the minimum length of a warranty period according to the Civil Code, or special legal regulations.
- The warranty period commences upon the acceptance of the goods by the buyer.
- The period of time running from the start of the warranty claim on goods to the time when the buyer is obliged to receive the goods after the completion of warranty repairs is not counted in the warranty period.
- If goods are replaced with new goods, the warranty period begins again once the new goods are accepted.
6. Rights from the warranty
When the buyer makes a legitimate warranty claim, it has the rights arising from the warranty according to the Civil Code, or other legal regulations.
If the fault is such that it merely entails a non-fundamental breach of the contract, the buyer has the right:
- to the rectification of the fault in a due and timely manner and without charge, or to an adequate discount on the purchase price.
- If the fault is such that it entails a fundamental breach of the contract (the goods are not fit for purpose, etc.), the buyer has the right:
- to the rectification of the defect by way of the delivery of new, faultless goods or delivery of missing goods;
- to the rectification of the fault in a due and timely manner and without charge;
- to an adequate discount on the purchase price;
- to withdraw from the contract.
7. Receiving goods
- Receiving goods is understood to be signing a delivery note or advice of delivery from the shipping company or the post office.
- The customer should only accept consignments from the shipping service or from the post office with no visible signs of damage. If there is visible damage to the consignment, the customer must write up a warranty claim report with the shipper. If after opening the consignment the customer finds that the contents have been damaged in transit, it must report this to the seller in writing or by telephone without delay, within one business day.
8. Reasons for warranty claims
- The goods being claimed must be delivered together with the “Warranty Claim Report” form, which is available at www.mekrs.cz. This form may be submitted in person, sent by post to Úpice or sent by email to firstname.lastname@example.org.
- The place at which to make a warranty claim is MEKR´S s.r.o. in Úpice.
- The buyer pays for the transportation of the goods to the place for making warranty claims, in that this transportation fee is reimbursed by MEKR´S s.r.o. if the warranty claim is recognised.
- Claimed goods are set back to the customer at the expense of MEKR´S s.r.o. only when the warranty claim has been recognised.
- Unjustified warranty claims shall not be accepted, according to Section 2172 of the Civil Code.
- Goods sent for claim or return may not be sent payment on delivery.
- The seller is obliged to deal with warranty claim procedure within 30 days of receiving the goods from the buyer. Should the buyer make a warranty claim in person at the seller, it is also obliged to receive the goods in person (even in the case of an unjustified warranty claim), unless specified otherwise in the warranty claim record; the warranty claim ends on the day on which the goods are ready for issue and handover to the buyer at the place of making the warranty claim (even in the case of an unjustified warranty claim). If the buyer sends the goods for a warranty claim, the claimed goods will also be sent to it (even in the case of an unjustified warranty claim), unless specified otherwise in the warranty claim record; the warranty claim has been handled on the day on which the goods are handed over for transportation to the address of the buyer specified in the warranty claim (even in the case of an unjustified warranty claim).
- The buyer is obliged to cooperate with the seller in the handling of the warranty claim; in particular, it is obliged to receive the goods after the handling of the warranty claim.
- A warranty claim record is written up regarding the course of and the outcome of the warranty claim; this is presented to the buyer at the end of procedure.
- This Claims and Returns Procedure enters into effect on 1.1.2011.
Anny Letenské 34/7
120 00 Praha 2