Vzor B: Kupní smlouva (anglicky – překlad vzoru A)
Stáhnout vzor
Purchase Agreement
(concluded in
accordance with Section 409 et seq. of Commercial Code)
I.
Contracting Parties
1. Seller: .......................................................................................................................
(commercial
company or title, seat and place of business, identification number and
information on registration)
Represented by ............................................. (name, surname and position)
(hereinafter referred to as "the
Seller")
2. Buyer: .......................................................................................................................
(commercial
company or title, seat and place of business, identification number and
information on registration)
Represented by .............................................
(name, surname and position)
(hereinafter referred to as "the
Buyer")
II.
Subject of the Agreement
-
In accordance with this Agreement the Seller undertakes to
deliver the goods to the Buyer as specified hereof and transfer the ownership
title to the goods to the Buyer. The Buyer undertakes to take the goods from
the Seller and to pay the agreed purchase price.
-
The goods delivered based on this Agreement are listed in
the annex that constitutes an integral part of this Agreement.
-
The Seller shall deliver the goods via the carrier (truck)
to the plant of the Buyer in .......... (accurate identification of the
plant and its location).
-
The Seller shall deliver the goods to the Buyer in the
quality and standard resulting from the conformity certificate as specified in
Annex No. 2 that constitutes an integral part of this Agreement. The quality of
goods shall comply with ČSN ............... (standard number).
-
The Seller shall deliver the goods to the Buyer under this
Agreement in the volume and composition required by the Buyer in written
orders. Each order shall be delivered to the seat of the Seller at least three
days prior to the required delivery of goods.
III.
Purchase Price
-
The Seller and the Buyer agreed the purchase price of
goods delivered under this Agreement shall comply with the price list of the
Seller specified in Annex No. 3 that constitutes an integral part of this
Agreement.
-
Should individual items of the price list of goods
specified in Annex No. 3 be changed, the Buyer shall pay the increased price
for individual kinds of goods if it does not exceed 10 % of the original price
in each individual case. Should the price of individual kind of goods exceed 10
% of the original price, the new price of goods shall be agreed in writing in
the form of an amendment to this Agreement.
-
The contracting parties consider the goods delivered if
they are accepted by the Buyer's responsible representative from the carrier.
The document proving the delivery of goods under this Agreement is the bill of
delivery attached to individual consignments with the signature of responsible
employee of the Buyer.
-
Following the delivery of goods the Seller is entitled to
issue the invoice. The delivery of goods is the date of taxable supply in
accordance with Act on Value Added Tax. The issued invoice shall contain the
essentials of a tax document in accordance with Act on Value Added Tax and
essentials of a commercial certificate in accordance with Section 13a of
Commercial Code as well as identification of the Agreement based on which the
performance was made, the document proving the taxable supply, invoice number,
due date or amount of provided advance. The invoice shall bear the stamp of the
Seller and the signature of employee authorised to issue it.
-
The Seller as a VAT payer shall add the tax rate to the
invoice price in the legal rate applicable at the time of taxable supply.
-
The invoice shall be due within fifteen days of its
delivery to the Buyer.
-
Should the invoice contain incorrect data or it lacks some
data, the Buyer shall be entitled to return the invoice to the Seller within
its maturity. In such a case the Seller shall issue a new invoice with a new
due date.
-
The invoice shall be paid by bank transfer to the Seller's
account No. ........................... with
............................................................ (name of the
bank).
-
Should the invoice be paid with delay due to the reasons
demonstrably caused by the bank, the Buyer shall not be in delay with the
invoice payment for this period.
IV.
Existence of Agreement
-
This Agreement has been concluded for the period of two
years from the day of its signature by both contracting parties.
-
The Seller shall deliver the goods specified in Buyer's
written orders if they are delivered within the agreed deadlines so as the
Seller could duly and in time supply the goods within four days of the delivery
of the Buyer's written order.
-
The Seller is entitled to deliver the goods prior to the
agreed deadline only upon the written consent of the Buyer.
-
Should the Seller deliver the higher number of goods that
exceed the amount specified in the Buyer's order by more than 6 %, the Buyer
shall be obliged to reject this higher amount in writing within 24 hours.
Should the Buyer fail to do so within the deadline, it shall pay for the higher
delivered amount and the Seller shall be entitled to the payment.
-
The Buyer shall not be entitled to reject the goods
delivered within the agreed deadline. Should the Buyer reject to accept the
goods without any reason, the Seller shall store the goods with a third person
at the Buyer's cost and to inform the Buyer on this fact in writing. The
delivery of a written notice on storage of unaccepted goods shall be considered
as the compliance with the Seller's obligation to deliver the goods.
-
The Buyer acquires the title to the goods upon their
acceptance.
-
Should the Buyer fail to pay the Seller the agreed and
invoiced purchase price including the value added tax, it does not become an
owner of the delivered goods and the Seller remains an owner of the goods until
the payment of the purchase price. The Buyer undertakes to inform in writing
any other entity that would be interested in purchasing the goods delivered by
the Seller that it has made this agreement on ownership title with the Seller.
Should the Buyer fail to do so, it shall be responsible for damages caused to
the Seller.
V.
Accountability of the Seller for
Defects of Goods
-
The Seller shall be responsible towards the Buyer for
defects caused within the warranty period that is two years since the
acceptance of goods. It shall guarantee the goods will have the agreed quality
and standard, will be delivered in the volume required by the Buyer in the
order, will be duly packed (the packaging method is specified in the Seller's
catalogue that constitutes Annex No. 4 and a part of the Agreement) and it
shall…
