Terms and Conditions

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General Terms and Conditions of SRP s.r.o.
SRP s.r.o.
with registered office in Brno, Řehořova 26, Postcode 618 00
IČ: 263 02 781
company registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 42367

PRODUCTION AND SALE OF LARGE-FORMAT AND SMALL-FORMAT DIGITAL PRINTING PRODUCTS ACCORDING TO THE CUSTOMER'S SPECIFICATIONS AND ORDERS.

INTRODUCTORY PROVISIONS
1. These Terms and Conditions of SRP s.r.o., with registered office in Brno, Řehořova 26, Postal Code 618 00, identification number: 263 02 781, registered in the Commercial Register kept by the Regional Court in Brno, Section C, Insert 42367, (hereinafter referred to as "SRP s.r.o. ") regulate the mutual rights and obligations of the parties arising in connection with the conclusion of a contract for work or another contract between SRP s.r.o. and another entrepreneur (hereinafter referred to as "the customer"). These terms and conditions do not apply to the conclusion of a contract with a consumer.
2. Provisions deviating from the terms and conditions may only be agreed in writing - in particular in a work contract, framework agreement or other similar contract. In the event of a conflict between a provision of the terms and conditions and a provision of the contract, the written provision in the contract shall prevail.
3. The provisions of the terms and conditions are an integral part of the contract. These terms and conditions also apply to the process of concluding each individual contract.
4. The subject of the work contract concluded between SRP s.r.o. and the customer is primarily the production of large-format or small-run digital printing according to the customer's specifications and order.
5. These Terms and Conditions shall apply mutatis mutandis to the conclusion of any other contract (e.g. purchase contract) between SRP s.r.o. and the Customer.)
CONCLUSION OF THE CONTRACT
1. The contract arises on the basis of the customer's approval of SRP s.r.o.'s quotation.
2. The customer sends an order to SRP s.r.o., the order must be in writing and must contain the following elements:
  
  a) name or business name
  b) delivery and billing address
  c) name and surname of the ordering person, contact telephone and e-mail
  d) file name - the name must contain the name of the material, the final dimension in mm and the name of the motif e.g.: banner450g_250x600_ adela.pdf
  e) exact final dimension
  f) type of material
  g) type of finishing
  h) printing technology and method
  i) method of packaging
  j) method of collection of the finished product
  k) method of payment
  l) printing technology and method
  m) other requirements (if requested by the customer)
3. If the order does not contain the above-mentioned requirements, SRP s.r.o. may invite the customer to complete the order.
4. Upon acceptance of the order by the Customer and any additions to the order and the delivery of the corresponding print data, SRP s.r.o. will send the Customer a summary of the order, including the final price for the order (hereinafter referred to as the "Calculation"). If the Customer agrees with the Calculation, the Customer will confirm its acceptance, primarily by clicking the confirmation button contained in the Calculation or, in exceptional cases, by email. No account will be taken of telephone or other confirmation of the quotation.
5. The contract between the customer and SRP s.r.o. is created only upon confirmation of the calculation by the customer and its content follows from the agreed calculation. The customer acknowledges that the order will not be put into production until the subject quotation has been agreed.
6. The customer can reserve in the calculation that the order will be put into production only after payment of the deposit, which can be up to 100% of the price. The customer acknowledges that this deposit is non-refundable. In the event that the deposit is not paid in full within 30 days of the date of approval of the quotation, the contract shall be cancelled, any partial advance payments shall be non-refundable and may be retained by SRP Ltd. to cover the costs incurred in processing the order.
7. The validity of the quotation is 30 days from the date of sending it to the customer.
8. Until the calculation is agreed by the customer, SRP Ltd. may cancel the calculation at any time. SRP s.r.o. shall not be under any obligation nor shall it be under any obligation as a result of a non-approved quotation or a mere order.
9. The customer is entitled to cancel the agreed calculation only if SRP s.r.o. agrees.
10. SRP Ltd. determines the price of the contract as stated in the quotation, usually on the basis of a price list. However, this price list is not binding and the prices stated in the quotation may differ from the prices stated in the price list.
11. SRP s.r.o. handles orders on the basis of the data provided in the order and is not obliged to check its accuracy. It is assumed that the print data is prepared by an expert and does not require further adjustments and interventions before printing. Costs incurred due to subsequent adjustments requested by the customer (including possible machine downtime) will be credited to the customer's account.
12. The Subscriber is obliged to deliver the print data in the manner described on the website of SRP s.r.o. If the print data is prepared differently than specified in these terms and conditions, it cannot be handed over to production for the sake of successful execution of the order. In such a case, SRP s.r.o. may notify the customer what the deficiency of the print data is so that it can be corrected. Alternatively, the customer can order SRP s.r.o. to modify the print design (see point 2.15.).
13. The subscriber is responsible for the content and quality of the supplied print data.
14. All order deadlines are calculated from the moment the contract is concluded (agreement on the quotation)
15. The Customer undertakes to exclude SRP s.r.o. from all matters related to third party claims and concerning infringement of their rights, including copyright, personality and trademark rights. By sending the print data, the Subscriber confirms that he/she has all necessary authorisations to use the print data and its content in the requested manner. If SRP s.r.o. is obliged to pay damages, unjust enrichment or any other amount to a third party due to a conflict of the print data or its content with the rights of third parties, the Subscriber is obliged to compensate SRP s.r.o. for this amount.
16. The customer can order from SRP s.r.o. the modification of the print design (hereinafter referred to as "DTP"), especially the modification of the print data so that it is printable and can be successfully entered into production. Clauses 2.4. to 2.10. of these Terms and Conditions shall apply mutatis mutandis to the conclusion of a contract for the execution of the DTP. The DTP contract is only concluded upon the customer's approval of the DTP calculation as described above. In the event of modification of the print data by SPR s.r.o., the latter shall be responsible for ensuring that the data can be entered into production without further modification or additional costs.
17. The customer can order the entire graphic design of the order from SRP s.r.o. In this case, the Customer is obliged to provide SRP s.r.o. with the most precise requirements for the graphic design. Clauses 2.4 - 2.10 shall apply mutatis mutandis to the conclusion of the contract for the preparation of the graphic design. SRP s.r.o. is not responsible for the 'artistic impression' of the graphic design.
18. In the case of coating on material belonging to the customer or another entity with which the customer is in a business relationship - e.g. coating of a car, shop windows, customer's boards, billboard surfaces, etc., the surface of the material must be brought to a condition suitable for coating, i.e. the material must be properly cleaned before gluing. Cleaning of the surface before gluing or removal of old graphics must be ordered in advance by the customer. If SRP s.r.o. is not aware of the state of suitability for coating at the time of ordering the coating, SRP s.r.o. is entitled to charge the customer or the technicians who carry out the coating for the cost of the coating. to prepare an additional budget for the cost of the cleaning, which then becomes an integral part of the entire quotation, or to inform the customer of the condition of the surface that is not suitable for coating and to invite the customer to have the defects removed, as this is an obstacle to the completion of the custom production ordered by the customer. At the same time, the right of the Company to have the coating applied is preserved. SRP s.r.o. to account for the work associated with the order until the work is interrupted due to this obstacle and to account for all extra costs, including any downtime associated with it.
19. The company SRP s.r.o. does not archive print data, even in the case of their preparation, when it archives montages and for repeated printing it is necessary to prepare print data from montages again.
20. The sampling of the order is paid by the customer.
CHANGES TO THE CONTRACT AWARD AFTER THE CONTRACT HAS BEEN CONCLUDED
1. After conclusion of the contract (agreement on the calculation), the order is entered into production by SRP s.r.o. and changes to the parameters entered by the customer are possible only after a written agreement with SRP s.r.o., which will estimate any costs incurred according to the status of the order in production.
2. A change in quantity compared to the original order (reorder) is recorded by SRP s.r.o. as a new contract and can be invoiced separately.
3. Changing the date - shortening the date - compared to the original order is possible only after written agreement with SRP s.r.o. and its approval if it is possible at all. SRP s.r.o. will assess the costs incurred and inform the customer about them.
4. Cancellation of the order is only possible in writing and with the consent of SRP s.r.o. If SRP s.r.o. stops the order in production, it will assess the costs incurred, inform the customer about them and the customer is obliged to pay them - according to the status of the order in production, up to 100% of the agreed price.
PACKAGING AND SHIPPING
1. Unless otherwise ordered by the customer, the order is packed and shipped as standard to prevent damage during transport. The price for packing and shipping must always be included in the quotation sent by SRP s.r.o. to the customer for approval.
2. The customer is obliged to take over the order and sign the delivery note or the acceptance report to SRP s.r.o. If the order does not contain obvious defects and the customer refuses to accept the order, the work or the subject of the contract shall be deemed to have been delivered and accepted at the moment of delivery.
LIABILITY FOR DEFECTS
1. SRP s.r.o. is liable to the customer for the fact that the order is in conformity with the concluded contract, in particular that it is free of defects. Conformity to the contract means that the workmanship is of the quality and performance required by the contract or order and described by SRP s.r.o., is in the appropriate quantity and corresponds to the purpose for which SRP s.r.o. states or for which the item is normally used.
2. The customer is obliged to check the order properly upon acceptance. If the order contains obvious defects, the customer is obliged to complain in writing to SRP s.r.o. without undue delay. The Customer acknowledges that subsequent claims of obvious defects shall be disregarded and SRP s.r.o. shall be entitled to reject them as unjustified.
3. The Customer is obliged to complain in writing about defects in the work that are not obvious without undue delay after their manifestation.
4. SRP s.r.o. does not accept liability for defects and does not provide the customer with a guarantee in the following cases:
  
  a)At the customer's instruction, unsuitable material was used for the construction of the work or unsuitable base material was used.
  b)The customer was advised that the work was intended for indoor use and the work was used outdoors.
  c)The customer was advised that the work was intended for short-term use and the customer used the work on a long-term basis. SRP s.r.o. provides a 30-day guarantee for the work for short-term use.
  d)At the customer's instruction, the correct technological procedure was not used.
5. SRP s.r.o. is obliged to notify the customer in writing no later than 10 days after receipt of the complaint whether it accepts the complaint, what time limit it proposes for elimination of defects, or for what reasons it does not accept the complaint. If it fails to do so, it shall be deemed not to accept the customer's complaint.
6. In the event of an accepted complaint, the customer has the right to have SRP s.r.o. remove the claimed defect free of charge and without undue delay in one of the following ways:
  
  a)by repairing the defect
  b)by exchanging contracts
  It is up to SRP s.r.o. to choose the method of removing the defect. In the event that removal of the defect or replacement of the order is not possible, the customer is entitled to a price reduction or may withdraw from the contract.
7. A defect in the work is not considered and cannot be claimed:
  
  a) alleged defects arising only from the subjective feeling of the customer, where the technology, colour and grid used corresponds to the viewing distance and technological possibilities of digital printing and where the goods do not hinder the proper use of the goods.
  b) a defective order, where the customer supplied press data that did not comply with the notice on the PREPARATION OF PRESS DATA published on the website of the company. SRP s.r.o., or if the print data is stored in RGB or non-CMYK colour mode and/or contains inappropriate colour profiles that adversely affect the colour result, or has low resolution, or uses missing or defective fonts.
8. In order to settle the claim, the customer is obliged to return the order at his own expense in the condition in which it was delivered to him, otherwise the claim cannot be settled. If the customer does not return the goods claimed even after a request, the claim cannot be accepted.
PAYMENT TERMS AND RETENTION OF TITLE
1. If payment in cash at the cash desk is not agreed, SRP s.r.o. will issue an invoice after the order or part of it has been dispatched or handed over to the customer. Invoices are sent by SRP Ltd. SRP, s.r.o. are primarily sent electronically in PDF format from the e-mail address fakturace@srp-reklama.cz. If invoices are sent by Czech Post or other courier service, the customer is deemed to have received the invoice on the 3rd day after it was issued. The Customer is obliged to pay the invoice in full, without any discounts, by the due date stated on the invoice. Disputed amounts shall not be deducted from the payment unless SRP Ltd. has given its prior consent, but shall be subject to a complaint procedure and, in the event of a positive complaint, a subsequent credit note for the agreed amount.
2. In the event of non-compliance with the invoice due date, the customer undertakes to pay a contractual penalty of 0.1% of the amount due per day for each day of delay until the invoiced amount is paid in full.
3. The parties agree to reserve ownership until the invoiced amount is paid in full, including any contractual penalties. Ownership of the work shall pass to the customer upon payment of the full price of the work.
WITHDRAWAL FROM THE CONTRACT
1. The contract concluded on the basis of these Terms and Conditions cannot be terminated.
2. The contract concluded on the basis of these terms and conditions may only be withdrawn from in the event of a material breach of this contract. It is also possible to withdraw only in respect of the unfulfilled part of the performance.
3. In the event of withdrawal from the concluded contract by the customer, the seller is entitled to charge a termination fee in the amount of the full costs incurred by the seller in the implementation of the contract. If the graphic design was part of the contract and the withdrawal took place during its creation or after its completion, the customer is obliged to pay all costs associated with its implementation. If the contract has already been completed, SRP s.r.o. has the right to claim all costs associated with the concluded contract up to 100% of the contract price.
4. The effects of the withdrawal from the contract shall cease if the purchaser cannot return the goods in the condition in which he received them if defects are found.
5. The customer's obligation to pay a contractual penalty, default interest or damages does not cease upon withdrawal from the contract.
OTHER PROVISIONS
1. Where these terms and conditions state without undue delay, this means within one business day.
2. An act made in writing shall be deemed to be an act made by email, fax or other similar means.
3. The relationship between SRP s.r.o. and the customer is governed by Czech law, especially the Civil Code.
4. SRP s.r.o. may unilaterally change or supplement the wording of these 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.
5. These Terms and Conditions are effective as of 16 June 2014 and completely replace the Terms and Conditions issued earlier.