General Business Contitions


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General Business Conditions

Article 1. Applicability

1. Unless explicitly agreed otherwise in writing, these terms and conditions apply to all offers, contracts of sale and supplies of goods and services made, sold and/or supplied by LAMA Plus s.r.o., hereinafter referred to as 'LAMA'. LAMA's counterparty is referred to hereinafter as 'the customer'.

2. The customer accepts the applicability of these terms and conditions by the mere fact of placing an order. LAMA does not accept any terms and conditions used by the customer, which do not apply to the offers, contracts and supplies covered by these terms and conditions, unless LAMA has made explicitly clear in writing - and only after LAMA has done so - that the customer's terms and conditions are to apply to a specified transaction. Acceptance in this way of the applicability of the customer's terms and conditions does not in any way imply that these terms and conditions also apply to other transactions between LAMA and the customer.

3. Any changes or additions made to any provision of a contract and/or the general terms and conditions apply only if they have been recorded in writing by LAMA; moreover, such changes or additions apply only to the contract in question. 

Article 2. Quotations and orders

1. All quotations are made subject to contract. 

2. LAMA is entitled to refuse orders, in which case it is obliged to notify the customer within five working days of the date on which the order was received.

3. A contract is deemed to have been formed only once it has been confirmed by LAMA. In the case of a transaction effected by electronic means, the contract is deemed to have been formed only once LAMA has sent an order confirmation. 

Article 3. Advance payment and security

1. LAMA is at all times entitled to request the customer to make an advance payment or to provide security before supplying or continuing to supply the goods or services in question.

2. If the customer fails to make the advance payment or supply the security requested or if monitoring of the customer's credit standing shows that the customer's creditworthiness is on the decline, LAMA will no longer be liable to supply the goods or services in question, without prejudice to its right to claim compensation for any damage, costs and interest incurred by it.   

Article 4. Delivery of goods

1. If the customer refuses to accept delivery of the goods, LAMA will store them for a period of up to five days after offering them for delivery. LAMA will inform the customer in writing that it can take possession of the goods, or arrange for a third party to do so on its behalf, in exchange for payment in cash. Upon the expiry of this period, LAMA is entitled to sell the goods to a third party or to dispose them of in any other way, without prejudice to its right to compensation. 

Article 5. Late delivery or late completion

1. The late delivery of goods or the late completion of services does not entitle the customer to receive compensation or to dissolve the contract: all dates specified by LAMA should be regarded as target dates and all time limits as approximate. 

Article 6. Payments

1. LAMA will always issues and in any way deliver a proforma invoice to the customer upon which the prices and quantities will be agreed. After the amount to be paid in the P/I has been agreed, the goods can be dispatched and the invoice issued and becomes payable on the date the goods is placed at the customer's disposal. 

Article 7. Guarantee, liability and complaints

1. LAMA is not liable for damage of whatever nature, unless such damage is caused as a result of wilfulness or gross negligence.

2. Complaints of any nature do not have the effect of deferring the customer's payment obligations. Complaints are valid only if directed to LAMA in writing within the time limits specified in this article.

3. A complaint is not valid if the customer has either processed or resold the goods despite having been able to detect the alleged defect by performing a simple examination.

4. Complaints about the quality of the goods supplied are valid only if made within three days of the date on which the customer discovered or could have discovered that the goods were defective, and in any event by no later than three months after the goods were delivered. If the packaging indicates that the goods' shelf life is shorter than three months, any complaints must be made in writing within the period specified.

5. The customer is responsible for proving that the goods about which a complaint has been made are indeed those supplied by LAMA.

6. The goods are covered by the manufacturer's guarantee. The customer accepts the terms and conditions of the manufacturer in question. 

Article 8. Force majeure 

1. 'Force majeure' is taken to mean any situation that LAMA could not have foreseen at the time when the contract was signed, as a result of which the customer cannot reasonably expect the contract to be performed in a normal manner.

2. In the event of a situation of force majeure, the performance of the obligation or obligations in question, as well as any other obligations that are dependent on the former, will be suspended in full or in part for as long as the situation of force majeure persists, without the parties being obliged to pay each other any form of compensation. A party may plead force majeure only if it notifies the other party in writing as soon as possible that it is pleading force majeure, and encloses the necessary documentary evidence with this notice.

3. In the event of a situation of force majeure, the customer is not entitled to any form of compensation, even if LAMA benefits in some way from the force majeure. 

Article 9. Right of lien

1. All goods supplied remain the sole property of LAMA until such time as the customer has fully discharged any debts it may owe LAMA on the grounds of either this or previous deliveries. The goods may be recovered forthwith by LAMA if the customer fails to meet its obligations or if LAMA has reason to believe that the customer is not going to meet its obligations.

2. The customer is not entitled to sell, rent, loan, pledge or otherwise encumber the goods before the title to the goods has passed to the customer, on the understanding that the customer is entitled to sell or deliver to third parties goods owned by LAMA insofar as this is an essential part of the customer's normal business activities.

3. The customer will be charged for the cost of recovering the goods. In the event of the goods being recovered, the customer will be credited with the value of the goods on the date on which they are recovered.

Article 10. Non-performance and dissolution

1. If the customer fails to comply either properly or in good time with any of its obligations under any contract, the customer is held to be automatically in default without any notice of default having to be given. In such an event, any debts the customer owes LAMA on whatever grounds immediately become due and payable in full and LAMA is entitled to suspend the performance of any contract and/or to dissolve any contract in full or in part. The above does not affect LAMA's other statutory or contractual rights. 

Article 11. Applicable law and disputes

1. All contracts and any disputes arising between the parties are governed by the Czech law. 

2. All disputes (including summary proceedings and applications for attachment orders) between the parties will be settled exclusively by the Regional Court in Ostrava, insofar as such disputes fall under the court's jurisdiction and there is no mandatory legislative provision assigning competent jurisdiction to another court.