General terms and conditions
1. Validity of terms and conditions:
2h loaia s..o. heeinafte 2h is a compehensie poie of seices in the area of quality management. FABIRO performs services according to an order for services by the client heeinafte client hich the client smits to 2h on a itten application fom poie FABIRO for this purpose or downloaded by the client from the website of FABIRO. The order shall be delivered to FABIRO in written form to (i) address of registered seat of FABIRO, (ii) fax number of FABIRO or (iii) e-mail address of FABIRO. Contractual relationship between the client and FABIRO arises upon an acceptance of the order by FABIRO in the manner stipulated in Article 2 of these Terms and conditions. The client accepts these general terms and conditions by sending a written order to FABIRO. After conclusion of the contract these terms and conditions are valid for the duration of the entire business relationship between the client and FABIRO. Any changes and deviations from these general terms shall be specified in writing. Contractual parties agree that these general terms and conditions of FABIRO take precedence over the terms and conditions of the contractual partner, i.e. the client. In the matter relating to the order, a person stipulated in the order as contact person is entitled to act on behalf of the client.
2. Conclusion of contract, termination of contract:
The contract enters into force upon written acceptance of the order of client by the company FABIRO delivered to the (i) address of client stipulated in the order, (ii) fax number stipulated in the order or (iii) e-mail stipulated in the order. The contract ceases to exist as of the moment of fulfillment of the order by FABIRO or by lapse of time agreed in the order. If the client wishes FABIRO to terminate the performance of services prematurely or narrow the extent of the services (compared to the extent of services originally agreed in the order), the client is obliged, apart from an oral / telephonic agreement with FABIRO, to send a written notice about such premature termination of services to the address
3. Rights and obligations:
FABIRO is obliged to perform the ordered services on time according to the agreement with the client and the working procedure confirmed by the client or the purchaser of the client. In case of occurrence of objective facts, not caused by FABIRO or for the reasons on the part of the client or his purchaser, for which the works cannot be performed in the agreed period, the delivery time of services is extended by the time of duration of these objections. FABIRO is further entitled to suspend the performance of ordered services if the client did not receive the confirmed contract, if such is to be concluded between the parties or client is in delay with payment of any invoice of FABIRO. In such a case, FABIRO is not obliged to perform the ordered services any further, its commitment expires, while the client is obliged to pay FABIRO for the services already provided. The client is obliged to pay FABIRO for ordered services properly and on time. FABIRO shall execute a timesheet on the provided services, which shall include a detailed time schedule of the provided services by respective workers and shall serve as the basis for invoicing.
4. Payment conditions, rights:
FABIRO charges the client for provided services and is entitled to payment for the performance of services according to the agreed fees in the order for the extent of work performed. To the agreed remuneration the VAT in amount according to valid legal regulations will be added. The time necessary for the logistical transfer of materials, workers and administration shall be considered as proper performance of works. The client is obliged to pay FABIRO expenses associated with delays caused by machine and equipment downtime or other delays not caused by the company FABIRO s.r.o. FABIRO is obliged to inform the client of such obstacles and should be also included in the timesheet. FABIRO issues the client with an invoice for service performance for the extent of work performed. For service performance longer than 14 days, FABIRO is entitled to issue partial invoices for each 7 days of service performance. Invoices are payable within 30 days as of its issuance. Objections to the content of the invoice are excluded after its maturity date and in such a case the invoice is considered as recognized by the client. In case of clients ela ith pament of the inoice 2h is entitle to interest on late payment of 0,05% of the due amount for each commenced day of delay.
5. Liability for defects and damage:
FABIRO is responsible for the proper provision of services. The client is obliged to notify FABIRO about claims for defects or damage without delay. FABIRO determines the manner of handling such claims, meanwhile; if possible, FABIRO gives priority to repairs prior to other types of claims settlement. FABIRO is responsible for damage to goods only if such occurred in direct relation with FABIRO service performance. FABIRO is only responsible for defects in provided services and possible damages up to the price of claimed services, i.e. the price paid by the client for provided services that the client claims. FABIRO is not responsible for damages that occurred as a result of force majeure. Detailed procedure of claiming a liability for defective works and occurred damage is regulated in the Complaints procedure published on www.fabiro.eu , which forms a part of these General Terms and Conditions.
6. Place of service, protection of health and safety at work, protection of the environment:
The place of service rendering is determined by the client, while this place shall be within the territory of the Slovak Republic, unless otherwise agreed in a concrete case by the contracting parties. FABIRO is obliged to adhere to regulations of health and safety at work to the extent specified by the regulations in force at the place of service. The client is responsible for compliance with all legal regulations of the place of service rendering given by respective laws regulating safety at work and health protection. If not agreed otherwise, the client is obliged to provide at his own cost any protective equipment required. The client is obliged to inform FABIRO about specific dangers occurring in connection with the rendering of ordered services, as well as measures for their prevention. FABIRO secures compliance to the extent and distribution of working time pursuant to the Labour Code (Act no. 311/2001 Coll. as amended) in relation to his own employees. FABIRO instructs the staff, through which it performs services, about the rules for protection of the environment, protection of health and safety at work.
7. Agreement of confidentiality:
The mutual responsibility exists within the contractual relationship between FABIRO and the client to maintain company secrets on facts related to business, manufacturing and technology, on which they acknowledge with respect to their activity, especially on sales, production processes, customer lists, company software, forms and reports, customer forms and company standards both during its duration and after the end of the contractual relationship. This information and these facts are consiee the contacting paties as siness secets psant to et se. of ommecial Code (Act no. 513/1991 Coll. as amended), in the case of violation of which the aggrieved party enos potection accoing to 2 of the ommecial oe.
8. Choice of jurisdiction of the arbitration court and applicable law:
Any legal relations between the client and FABIRO which are not stipulated in these Terms and Conditions or in separate written form shall be governed by the laws of the Slovak Republic, primarily by the relevant provision of Act No. 513/1991 Coll. Commercial Code. Any disputes arising from or in connection with these Terms and Conditions and the order shall fall within the jurisdiction of Slovak courts. The FABIRO is entitled to waive the right to have the dispute ruled by the Slovak court and be governed by Slovak laws. In such case the dispute shall fall within the jurisdiction of the appropriate cot of the client an las of the client´s omicile shall appl to the relationship. If any of the provisions in these terms and conditions are or become invalid, the validity of the other provisions in the contractual relationship remains unaffected, including the validity of other provisions of these terms and conditions, while the contracting parties shall make a reasonable effort to replace such invalid provisions with valid provisions, which shall reflect the meaning of the replaced provision.
These Terms and Conditions are valid in the wording published on www.fabiro.eu on the day the order is sent by client, unless otherwise agreed by the client and FABIRO.
FABIRO s.r.o. Smolenice 31.1.2014