General terms and conditions (GTC)

General terms and conditions (GTC) of IQ PRODUCT s.r.o.

1. INTRODUCTORY PROVISIONS

The general terms and conditions (GTC) of IQ PRODUCT s.r.o., Družstevná 549/7, 922 10 Trebatice, ID: 51825163 (supplier) become an integral part of the purchase contract or binding order.

The general business conditions establish the main principles of supplier-customer relations, conditions of production, deliveries and handling of products agreed in the contractual relationship. For the customer, these General Terms and Conditions are binding, he is bound and familiar with them upon entering into a business relationship with the supplier on the basis of an order or concluding a contract.

These GTC are located on the supplier’s website www.iqproduct.com and are freely accessible.

1. CONCLUSION OF CONTRACTS, ORDERS AND THEIR FULFILLMENT

1. The offer of the supplier’s products is not a proposal to conclude contracts and does not oblige the supplier to deliver the products from the offer. In order to conclude a contract based on an order, the express written consent of the supplier (by e-mail, fax) is always required.

2. The customer’s obligation when establishing a new supplier-customer relationship is to provide the supplier with all his identification documents, i.e. in particular, a copy of an extract from the commercial register, or a trade certificate and a certificate of registration of the VAT number, or on VAT number registration.

3. In order to implement his order, the customer will also supply all the documents specified by the supplier for the implementation of the product (product) and will provide him with cooperation in specifying all the parameters of the delivered product (production documents, dimensions, corrections, samples, conditions, deliveries, etc.).

4. If the customer does not provide the supplier with the necessary documents or cooperation in the preparatory phase, the supplier reserves the right to suspend the start of production of the product until these conditions are met and to appropriately extend the agreed performance period by the time of the customer’s delay in providing the cooperation in question.

5. The supplier has the right not to accept an order from a customer who in the past has not properly fulfilled his contractual obligations, in particular he has been in arrears with the payment of invoices for the goods taken.

6. The supplier is not responsible for material or content discrepancies in the order delivered and approved by the customer (order, documents), unless the customer has notified them in writing and requested their removal in the preparatory phase or in cases where the supplier has notified the customer of the discrepancies and the customer nevertheless they continued to be observed, even if the supplier could not detect this discrepancy. If the quality of the assignment and consequently the quality of the resulting product are reduced by these influences, this fact will not be considered as defective performance by the supplier. Graphic materials for the production of labels are mutually agreed upon exclusively in writing. After the final approval of the graphic design, the supplier is not responsible for product defects caused by incorrect approval of graphics serving as a basis for the production of printing forms. Before the final approval of the graphic design and the production of printing forms, it is possible to send calibrated proofs to the customer on request, which are close to the real print from the printing machine, but do not serve as a basis for comparing the color of the real production print. Calibrated proofs are only informative, as they are printed using a different printing technology, and it is not possible to accept a claim about the color of the real label based on them. The printing result is also influenced by the printing technology and its features: UV flexo, UV offset, UV screen printing, etc. After sending the order for the repeated production of labels, approval of the graphic design is no longer necessary, if there were no changes to the graphics.

7. The supplier is not responsible for any infringement of intellectual property or copyrights committed by the customer in the contractual relationship (ordering the product). In the event that any sanctions (especially damages, contractual fines) are applied to the supplier due to such a violation, the supplier is entitled to demand compensation from the customer for the resulting damage.

8. The technical parameters of the labels must be defined in the “label production specification” form located at www.iqproduct.com/xxxxx, which the customer is obliged to send to the supplier, or specify the given parameters in writing by e-mail or fax before the production of the labels. Technical parameters for thermal transfer foils, dating foils, must be defined in the “foil production specification” form located at www.iqproduct.com/xxxxx, which the customer is obliged to send to the supplier or specify the given parameters in writing by e-mail or fax before production.

9. The minimum requirements for preparing a price offer must include:

the name of the product and its exact specification

quantity in required units

product dimensions

the use

required delivery date (day, month, year)

10. The minimum requirements of the first product order must include:

internal designation (code) of the customer’s product, if specified

the name of the product and its exact specification according to the supplier’s price offer

product quantity ordered

product price according to price p supplier details and quotation number

delivery address

billing address

11. Minimum product repeat order requirements must include:

reference code of the supplier’s item (abbreviation – see invoice / delivery note); the customer’s internal designation is also allowed

Product name

product quantity ordered

the price of the product according to the supplier’s quotation and quotation number

required delivery date

delivery address

billing address

12. The customer pays the costs determined by the supplier associated with the preparation of production, especially for printing forms and cutting tools. These remain his property and are stored with the supplier for possible further use for a period of 6 months from the last production of the product. If the customer does not collect them within 12 months from the last realization of the production of the product, the supplier acquires the ownership right of the printing forms and cutting tools in question free of charge on the day following the expiration of the 12-month period in question and has the right to dispose of them at his discretion. Cutting tools and printing forms are subject to wear and tear, so subsequent production is no longer paid for by the customer, but by the supplier. The worn die-cutting tool and printing forms are subsequently discarded, and the new die-cutting tool and printing forms are already the property of the supplier.

13. For some non-standard materials, semi-finished products for production (hereinafter referred to as non-standard materials), which are not in the regular offer, their manufacturer requires a minimum purchase quantity. When planning the production of a product from these non-standard materials, the supplier will notify the customer of this fact in advance. If the customer confirms such an order, he is obliged to pay the entire minimum amount of material purchased during the first production of the product. Part of the material, which may not be used, will be stored by the supplier at the customer’s expense for a period of 6 months from the first realization for possible further use. In the case of further productions (repeated production), part of the paid value of the input material will be deducted from the price. If the 6-month period expires and there is no further repeated production, the supplier acquires ownership rights to the material in question free of charge on the day following the expiration of the 6-month period in question and has the right to dispose of it at his discretion.

14. The realization of the product is always started only on the basis of a contract confirmed by both parties, or after the written consent of the supplier with the order. The basis for entering into a contractual relationship (contract/order) between both parties is the “price offer” sent by the supplier based on a written (telephone) inquiry specifying the requirements for the product. On the basis of the price offer, the customer issues an order with the details according to Art. 10 and 11 of the General Terms and Conditions. By confirming the acceptance of the order by the supplier and the price of the product by the supplier, the purchase contract is concluded.

15. The customer is responsible for the way in which he orders the production of labels from the supplier, mainly for the choice of material from which he requests specific labels to be made and for the fact that the material chosen by the customer and the label production technology used by the supplier as standard are suitable for the further use of the labels in a way according to the customer’s idea. In the event that the supplier is to bear a warranty against the customer for the specific supply of labels and for the appropriate use of the labels, this must be expressly agreed between the parties and the customer must submit to the supplier detailed written documentation of the technology, how he wants to further process or apply the given labels (on which products, in what way, at what temperatures, etc.) If necessary, the customer is obliged to carry out test tests at his own expense and in a manner according to the supplier, already using specific labels. Based on the tests performed, the customer will comment on the suitability of the labels for his use.

16. If the contracting parties agree to cancel the contract, the customer is obliged to reimburse the supplier for all demonstrable implementation costs incurred up to that point, up to the total contractually agreed price.

17. The delivered product (goods) will be made and delivered in a quality that corresponds to the possibilities of the relevant production technology and the parameters confirmed by the order.

18. Due to the characteristic possibilities of the production technology, the supplier may deviate from the quantity specified by the customer in the delivery, by a maximum of +/- 5% of the total one-time delivered quantity of one item. The customer is obliged to take the goods meeting this criterion in their entirety and to pay the price for the quantity actually delivered.

19. The parties can agree that the supplier, based on the customer’s order, will produce a larger quantity of goods for the customer, i.e. to the warehouse, with the customer’s right to collect these goods on the basis of recalls from the supplier’s warehouse. The parties have agreed that part of the agreement on the production of goods for storage is always an agreement on precisely defined dates in which the customer is obliged to remove the goods from the supplier’s warehouse. The customer is bound by the agreed deadlines, even if, for any reason, he does not deliver a specific recall to the supplier. In case If the customer does not collect the goods from the supplier’s warehouse in a timely and proper manner, the supplier is entitled to take the goods out of storage and invoice the customer for its price with a tax document as if the collection had taken place. In the event that the customer orders a larger quantity of goods from the supplier, the so-called to the warehouse, but there is no agreement between the parties on the individual dates for the collection of goods from the supplier’s warehouse, or there are doubts about the existence of such an agreement, the customer is obliged to collect the goods within a period of no later than three months from the production of the product (goods) and is also obliged to pay for this item. In these cases, the transport costs are borne by the customer.

20. All actions of the supplier and customer can also be performed in fax or electronic form.

21. Contact address of the supplier:

IQ PRODUCT s.r.o., Družstevná 549/7, 922 10 Trebatice, Slovakia

info@iqproduct.com, www.iqproduct.com

III. PURCHASE PRICE AND PAYMENT TERMS

1. The price offer contains a proposal for prices (costs) for the implementation of the customer’s requirements, including a proposal for payment terms.

2. Unless otherwise suggested by the supplier’s price offer, it is understood that the purchase price is set EXW (not including transport costs).

3. The applicable VAT rate is added to the price of the product, or other taxes and customs or other fees valid at the time of dispatch of the product.

4. Payment terms are negotiated individually based on the proposal in the supplier’s price offer.

5. The customer is obliged to pay the supplier the agreed purchase price based on the agreed conditions.

6. The supplier issues a tax document (original invoice) no later than 15 days after the shipment of the goods.

7. In the event of the customer’s delay in payment, the supplier is entitled to charge the customer a contractual penalty in the amount of 0.15% of the amount due for each calendar day of delay with payment of the purchase price.

1. TERMS OF DELIVERY

1. The supplier will deliver the product to the customer on the date according to the confirmed order.

2. Unless otherwise suggested by the supplier’s price offer, the default delivery terms are EXW.

3. If the customer arranges transportation with his own carrier at his own expense, he will state this in the order. The actual delivery of the goods is carried out by handing them over to this carrier. By handing over the goods, the risk of damage to the goods passes, or occurrence of damage to the goods on the customer.

4. Unless the customer states in writing that he will collect the goods directly at the supplier’s premises, the supplier is entitled to deliver the ordered product to the customer’s premises in any suitable way. In this case, the transport is provided by the supplier at the customer’s expense.

5. The supplier will deliver the entire ordered quantity at once, or, in the case of the customer’s request, divide the ordered quantity into partial deliveries.

6. By taking over the product, the customer becomes the owner of the product (goods). The latter is obliged to confirm the acceptance on the delivery note or corresponding document to the carrier.

7. The customer is obliged to check the delivered product upon receipt and, upon detection of any defect, immediately contact the supplier and send a written notification of the detected defect in accordance with the supplier’s complaint procedure.

8. If the parties to the contract agree to return the logistics packaging, the customer will do so according to the previously agreed conditions.

9. If these packages are not returned by the customer to the supplier without delay according to the stated conditions, the supplier has the right to charge the customer their full price according to the currently valid price list.

10. If the customer is in arrears with the payment of his obligations to the supplier for more than 10 days, the supplier is entitled to suspend the production and delivery of goods from all valid contracts, until the payment of all obligations of the customer to the supplier. By crediting the last owed amount to the supplier’s account, the agreed performance periods begin to run from the beginning. In these cases, the supplier is further entitled to demand an advance payment for their implementation – the performance periods then begin to run on the day of payment of the advance invoice – by crediting the amount to the supplier’s account.

1. FORCE MAJEURE

1. The supplier is not responsible for damage caused by force majeure. The following facts will be considered as force majeure (if they make the execution of the order impossible or cause such execution to become unreasonably complicated): natural disasters, war, civil unrest, requisitions, restrictions by the state, bans or legal measures of any kind, import or export restrictions, strikes, lockouts, labor disputes, fire, accident or any other reasons beyond the influence and control of the supplier. In the event of cases of force majeure, as described above, the supplier will be entitled to unilaterally withdraw from the contract.

1. PACKAGING

1. All products of the supplier are packaged in an appropriate manner, protected against damage during handling and transportation.

2. The product packaging is unmistakably marked (content identification).

3. The supplier’s standard products are packaged according to the current offer of IQ PRODUCT s.r.o.

VII. WARRANTY CONDITIONS

1. It is for the delivered products a 12-month warranty is provided from the date of manufacture marked on the packaging, or the date indicated on the delivery note, unless otherwise stated, for example in the form of a note in the invoice or an agreement in the contract.

2. The quality of the delivered products is governed by the rules stated in Art. II.

3. Recommended conditions for transportation, storage of the product:

storage in undamaged, original packaging

relative humidity of the normal environment (50 ± 5%)

temperature (22 °C ± 2 °C)

storage away from direct sunlight and radiant heat

protection against moisture, pollution, weather effects, mechanical damage

substances from which chemical vapors can be released, especially substances containing plasticizers or solvents, etc., should not be stored together with the products.

consuming the oldest stock products first

repackaging partially used products in their original packaging or those recommended by the supplier

VIII. COMPLAINTS

1. The customer is obliged to accurately identify the claimed goods by presenting the supplier’s identification label, which is placed on each roll with labels, or on each box in which the labels are placed. The identification label contains the label code, LOT number, label production date. The customer acknowledges that the identification label is for the supplier a basic identification document about the origin of the goods and without presenting the claimed goods together with the relevant identification label, the supplier is not obliged to acknowledge the claim.

2. Claims for product defects: Removal of defects, delivery of missing goods, appropriate discount from the purchase price, while the supplier has the right to determine which of the mentioned methods will handle the claim.

3. Delivery of goods with defects is not a material breach of contract.

4. Complaints are governed by the Complaints Procedure of IQ PRODUCT s.r.o. published on www.iqproduct.com.

1. FINAL PROVISIONS

1. When selling all its products, the supplier assumes that the customer has independently and freely decided on their suitability for the intended use.

2. The supplier is liable for any damages caused by his activity up to their actual amount, but at most up to the amount of the value of the undelivered or incorrectly delivered goods.

3. The conditions agreed in the purchase contract, addendum to the purchase contract, or confirmed by a written order take precedence over these General Terms and Conditions. All other legal relationships and obligations of the contracting parties will be resolved according to Section 273 of the Commercial Code.

4. Controversial issues arising from supplier-customer relations will be resolved by the customer and supplier preferably through personal or written contact, and they will consider litigation as a last resort.

5. In the case of translation of contracts and these General Terms and Conditions into another language, the interpretation of the Slovak version is decisive.

6. These General Terms and Conditions are published on www.iqproduct.com and become valid and effective on 1/1/2024.

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