Terms and Conditions

1. General conditions

  1.  ARC-Robotics s.r.o., Company ID: 291 233 72, with registered office at Skladová 22, 326 00 Pilsen, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Pilsen, Section C, Insert 26825, deals with the design, installation and servicing of robotized workplaces.
  2. these General Terms and Conditions and Warranty Conditions (hereinafter referred to as the "General Terms") govern the mutual rights and obligations of the participants in the supply of goods (hereinafter referred to as the "Consideration") by ARC-Robotics s.r.o. (hereinafter referred to as the "Supplier") to the customers and are binding on all the sales relations of the customer with the Supplier.
  3.  By signing legally binding acts aimed at establishing a binding relationship between the Supplier and the customer regarding the supply of the Consideration, the contracting parties accept that their mutual obligational relationship will be governed solely by the provisions of these General Conditions and the relevant provisions of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the "Act"). Arrangements deviating from the Terms entered into by the participants prior to establishing these General Conditions shall prevail only if agreed in writing.

2. The price of the Consideration

  1. Price data on the Consideration published by the Supplier in the press, published on the Internet as well as communicated orally or by telephone is only informative, is not binding on the Supplier and cannot be enforced by the customer. The Supplier reserves their right to change the price, and/or the technical parameters of the Consideration without prior written notice. The Supplier is not responsible for mistakes resulting from the printing of technical, commercial and advertising materials.
  2. In order to specify the price of the Consideration the customer is entitled to request a binding written quotation (hereinafter referred to as the "Quotation"), which is valid for 30 calendar days from the date of its issue, unless stated otherwise.
  3. The prices of the Consideration stated in the Quotation are subject to the addition of the statutory value added tax applicable on the date of the taxable transaction. Should the cost of production, sales and transportation of the Consideration increase at the delivery date, or should new costs be incurred, the price paid by the customer shall be increased even if these costs are not charged separately from the price.
  4. The prices of the Consideration stated in the Quotation do not include any related services unless expressly stated otherwise. The requirement to provide related services should be explicitly stated in the order.

3. Conclusion of the Contract

  1. Individual business cases are concluded based on orders in writing from the customer or their authorized representative either (i) sent by post or (ii) orders sent electronically, in exceptional cases also based on (ii) oral or telephone orders, but the latter have to be acknowledged afterwards, by one of the other methods defined above. Issuing an order is usually preceded by the Supplier's Quotation made on the basis of customer’s enquiry. The prices stated in the Supplier's Quotation are relevant for the price calculation of the Consideration. Should it not be issued, then the prices valid at the time of receipt of the order hold
  2. The order must contain the following essential elements: 
    1. business name (or name), registered office, ID and VAT number of the customer, including telephone and email connections; if the customer is a natural person, then the name and surname, place of residence and place of business
    2. the person authorized to act in the matter on behalf of the customer, respectively. to take over the Consideration ordered
    3. specific and clear definition of the Consideration and its quantity (including the provision of related services or performance), the delivery terms (place and date) and any other specific requirements regarding the Consideration
  3. Upon receipt of the order from the customer, the Supplier will send the customer a confirmation of the order in written or electronic form. The Supplier is also entitled to accept an order delivered to him after the expiry of the validity period of the Quotation. The Supplier is obliged to send the order confirmation to the customer no later than 4 calendar days since the date of delivery of the order. In case the basic data (scope and characteristics of the Consideration, delivery and payment conditions) in the confirmation of the order issued by the Supplier agree with the text of the order of the customer, the Supplier confirms by transfer, or by sending an order confirmation their willingness to accept the customer's order as binding and a binding relationship arises.
  4. Should any one of the requirements specified in the customer's order be not met by the Supplier, they will send a new offer to the customer, indicating possible options of the order and request the customer's opinion.
  5. In the event that the manufacturer ceases to manufacture and supply any product that is the Consideration or substitutes it for a new version, or significantly changes the price of the product, the Supplier is entitled to withdraw from the particular delivery. Upon agreement with the customer, the Supplier will send an updated confirmation of the new order.

4. Terms of delivery

  1. Delivery of the Consideration will be performed out in the shortest possible term based on the Supplier's operational possibilities. The expected delivery date is stated in the order confirmation. The Supplier may, in exceptional cases, prolong said deadline, but must notify the customer without undue delay after learning of the reason for the extension of the date of fulfilment of the Consideration.
  2. Unless otherwise agreed, the Supplier's registered office is the place of performance. If the customer requests a different place of performance, this place is the place where the customer is located, or the place indicated in the order, as well as in the order confirmation. If the chosen place of delivery requires the transport of the Consideration, the Supplier will choose an adequate means of transport (by post, transport service or transport by the Supplier's own means) based on the nature of the Consideration. The costs associated with delivering to a place of performance other than that of the Supplier are borne in full by the customer, unless stated otherwise. The insurance is covered by the Supplier only if so instructed by the customer, who shall also bear the costs thereof.
  3. The Supplier shall fulfil their obligation to supply the Consideration by allowing the customer or their agents to physically handle the Consideration at the Supplier's premises. If a different place of performance had been agreed, the Supplier will fulfil their obligation to deliver the Consideration by being represented by the Supplier's authorized contractor at the place of performance (using the Supplier's own transport) or by handing the Consideration to the first carrier for shipment to the customer.
  4. Upon receipt of the consignment from the carrier, the customer immediately verifies the quantity of the delivered subject, the correctness of the type and the completeness of the Consideration so that in the event of loss or damage to the supply or part thereof, the customer may ask the carrier to cover the damages. In the event of damage to the Consideration during carriage, the purchaser shall write with the representative of the carrier a record of damage to the subject of the performance and immediately inform the supplier (no later than the next business day). When the customer collects the Consideration from the Supplier, they verify the completeness of the delivery at the point of purchase.
  5. The Customer is obliged to ensure that the Consideration is inspected as soon as possible after the risk of damage passes onto the Consideration. If the customer does not inspect the Consideration or ensure its inspection at the time of the passing of the risk of damage on the subject of performance, they may claim the defects found during said inspection only if they prove that such defects were present in the Consideration already at the time the risk of damage had passed onto the Consideration.
  6. If the customer does not accept the Consideration due to reasons on their behalf (e.g. the person designated by the customer is not present at the place of purchase despite a standing arrangement), the customer shall bear the costs of repeated deliver of the Consideration in full.

5. Payment Terms and Acquisition of Property Rights

  1. The price for the Consideration is payable either in advance, in cash upon delivery of the Consideration, or until the due date stated on the invoice issued by the Supplier. The customer is under no circumstances entitled to reduce or withhold payment for the Consideration, unless the Supplier expressly agrees to provide business credit to the customer.
  2. If the customer fails to pay the invoice provided by the supplier before it is due, regardless of the reason they are obliged to contact the Supplier and agree on a change of the payment terms without any undue delay but no later than 5 days before the due date. Should the customer not follow the course of action stated above or, in the absence of such an agreement, they are obliged to pay the Supplier a contractual penalty equal to 0.1% of the amount due, including VAT, for each day the payment is overdue with regard to the original maturity of the price for the Consideration or a part thereof, until it is paid in full.
  3. Until the price of the Consideration is paid in full, ownership of said Consideration does not transfer from the Supplier onto the customer. The day the price had been paid in full (or its last instalment is paid) in cash or the day the entire amount agreed (or last instalment) stated in the invoice issued by the Supplier is transferred to the Supplier’s bank account is understood as the day the price for the Consideration is paid. Until the title to the Consideration is transferred onto the customer it is the customer’s duty as the custodian of the Consideration and is obliged to identify the Consideration in such manner that it is at all times identifiable as a thing owned by the Supplier.
  4. The risk of damage to the Consideration is transferred onto the customer at the time of its receipt or at the moment of its delivery to the postal services provider or to the first carrier for the purpose of delivering the Consideration to the customer.
  5. The transfer of the ownership title to the Consideration also involves the transfer of the ownership title to the packaging and also the transfer of the obligation to return the packaging and the recovery of the packaging waste from the Supplier (subject to such obligations) onto the customer in accordance with the relevant legal regulations.

6. Warranty conditions

  1. The warranty period is 12 months unless a different warranty period is specified in the warranty certificate, delivery note, release warrant or any other document issued by the Supplier
  2. The warranty covers defects found in the material, functional defects, or defects resulting from the assembly or installation of the goods by the Supplier's personnel. The Supplier is obliged to fulfil their obligations under the warranty only if the customer is not in default with the payment of the price of the Consideration.
  3. The warranty does not apply to defects occurring due to the following: 
    1. usual long-term wear and tear
    2. use and assembly that is not consistent with the operating manual, assembly manual or general conditions
    3. neglect or failure to observe the instructions for maintenance, operation or servicing of the Consideration contained in the manuals or other documents provided by the Supplier to the customer, together with the Consideration
    4. installation of the Consideration performed in an unprofessional manner by the customer or at their expense
    5. improper transportation, improper storage, improper or inappropriate handling, use of the Consideration in a manner inconsistent with the Supplier’s instructions, or its use in the usual manner, but resulting in willful physical damage of the Consideration
    6. weather conditions, a force majeure event (natural disaster, etc.), damage by lightning or electrostatic discharge
  4. the Supplier is not obliged to perform their liabilities under the warranty resulting from: 
    1. regular maintenance not being carried out in accordance with the operating instructions
    2. unauthorized changes to the Consideration
    3. unauthorized interference with the Consideration by a person not authorized to perform such an intervention
    4. breaking or damage to the protective or warranty seal, loss of warranty certificate
  5. The warranty period begins on the date of delivery of the Consideration to the customer.

7. Application of warranty rights

  1. The Customer is obliged to state their claim by submitting the Consideration and by written or electronic announcement containing a specification of the defect found in the Consideration including as many details as possible. The supplier’s seat is to be the place the claim is applied for. The cost of transporting the Consideration to claim it is covered and paid by the customer. The employee authorized and tasked to deal with claims by the Supplier will decide whether the customer is eligible to said claim.
  2. In case of any claims it is necessary to produce the following: 
    1. proof of purchase of the Consideration, such as the invoice or warranty card
    2. it is also necessary to state as accurately as possible what defect it is and how it shows
  3. In the case of an unjustified complaint (i.e. if the defect which is the subject of the claim is not detected or if the defect is not covered by the warranty according to Article 6.c of these General Conditions), the Customer is obliged to pay all the the costs incurred by the Supplier in connection with the verification of the claim, following the demonstration of the Consideration’s functionality. The Consideration shall remain in the Supplier’s custody until the abovementioned costs are paid by the customer in full.
  4. Claims which are legitimate and submitted in a proper manner must be dealt with, including removal of the defect, within a reasonable time, no later than 30 days after the date the claim had been made.


8. Rights and obligations arising from warranty and liability for damage

  1. The customer's claims for breach of the Contract by delivery of defective goods are assessed in accordance with Sec. 437 of the Act, both in the case of a substantial and in the case of an insubstantial breach of Contract; the provisions of Sec. 436 of the Act shall not apply. The Supplier is always entitled to remove the defects by replacing the defective item to with one free of defects.
  2. The Participants to this relation resulting from obligation state that the damages foreseeable (Section 379 of the Act) is considered to be no more than the amount of the price of the Consideration in connection to which the harmful event occurred, unless otherwise agreed by the Participants
  3. The customer is entitled to claim compensation with the Supplier only if, after the occurrence of the harmful event, they have taken all steps to minimize the amount of the damage, they immediately informed the Supplier about the occurrence of the damage and provided them with all the requested documents related to the occurrence of the harmful event.

9. Withdrawal from contract

  1. The Supplier is entitled to withdraw from this relation resulting in obligation in the event that the customer is in default with the payment under the General Terms for more than 15 calendar days.
  2. The Supplier is also entitled to withdraw from this Contract in the case referred to in Article 3.e of the General Conditions.
  3. Participants in this relation resulting in obligation are, in the event of withdrawal, required to return everything they had provided on this basis within 10 calendar days of receipt of the written decision to withdraw.

10. Confidentiality

  1. Both the Supplier and the customer will maintain confidentiality with regard to all information obtained about the other party in connection with the conclusion of the relation resulting in obligation, which is either deemed as confidential by the other party or exhibit the elements necessary to deem them confidential. Participants undertake not to provide such information to any person (except their own employees who need this information to carry out their work) without the other party’s prior written consent.
  2. The provisions of 10.1 do not apply to information that was reasonably well known to a participant prior to commencement of the negotiations leading to the conclusion of the first relation leading to obligation, information that is publicly known or will become publicly known in the future (otherwise than as a result of a breach of this provision), or if the information is a well-known to the general public. The confidentiality obligations persist even after the termination of the relation leading to obligation

11. Final Provisions

  1. The wording of these General Terms and Conditions shall be submitted to the customer no later than the delivery of the ordered Consideration to the customer. The customer understands that the relation leading to obligation arising from the provision of the aforesaid performance and based on the moment of the Supplier’s acceptance of the order issued by the customer is governed by these General Conditions.
  2. Participants in this relation leading to obligation agree that notices and other documents will be deemed to have been received also on the date on which the sending party receives a document, which had been duly marked with the addressee’s details, returned by the postal service as undeliverable or rejected by the addressee. Notices and other documents affecting the validity or existence of this relation leading to obligation are delivered to the addressee in person or by registered mail
  3. If any of the provisions of the General Terms and Conditions is or becomes invalid, ineffective or unenforceable, the validity, effectiveness and enforceability of the other provisions remains unaffected. In this case, the Participants undertake to replace the invalid, ineffective or unenforceable provision with a valid, effective and enforceable clause that best fits the originally intended purpose of the invalid, ineffective or unenforceable clause. In the meantime, the corresponding regulation of the generally binding legal regulations of the Czech Republic applies
  4. The rights and obligations of participants in this obligation are governed by and are consistent with the law of the Czech Republic. In order to resolve any disputes arising out of this relation leading to obligation, the parties determine in accordance with the provisions of the Act No. 89/2012 Sb., the Civil Code, as amended, the District/Regional Court in Plzeň.