General Commercial Terms
General Commercial Terms (GCT) of the company Smurfit Kappa Obaly Štúrovo, a.s. with its registered seat at Továrenská 1, 94301 Štúrovo
1. Ordering Methods and Order Confirmation
Specific delivery of goods is realized on the basis of an order placed by the Buyer and confirmed by the Seller.
An order placed by the Buyer must contain the following:
a) The quantity of the goods ordered
b) The required quality with a reference to the type of goods, brand or sample sent, and also to other specific data.
c) required dimensions
d) type of packaging
e) arrangement of goods, their packaging
f) required delivery term
g) place of delivery
h) transportation type
i) price and delivery term with reference to INCOTERMS 2000
The Buyer is obliged to submit an order to the Seller according to the agreed lead times. If there is no such agreement, the Buyer is obliged to submit the order at least 21 calendar days before the required date of delivery. If the order meats all requirements as stated above, the Seller is obliged to confirm it within a period of three working days calculated from the day of its receipt. If the order is placed with the Seller later than 21 calendar days before the requested date of delivery, but contains all necessary requirements, the Seller is entitled, but not obliged to confirm it. If the order does not contain all necessary requirements, the Seller will notify the Buyer about any issues with the order. After a mutual consultation the Buyer has to correct the order to meet the requirements of both the contracting parties.
Cancellation of the order is possible at least five days before the confirmed date of expedition, if the goods have not been manufactured yet or if both parties can not agree on another course of action.
2. Delivery of goods
The Seller is obliged to deliver goods to the Buyer based on the delivery terms agreed to by a confirmed order between the Contracting Parties. If the Parties have not agreed to specific delivery terms, common business delivery terms shall be used. In the case of a contract with a party, ie. a party without prior commercial cooperation, delivery terms shall be determined by seller.
In the case of transport arranged by the Buyer, (INCOTERMS FCA) the Buyer is obliged, after receipt of written notification by the Seller indicating that the goods are ready for delivery, to take possession of the mentioned goods within three working days from the receipt of this written notification (the written form is fulfilled in the form of an email message).
The moment of loading the goods onto the Buyer's transport vehicle will be considered delivery of the goods. The Buyer is obliged to pay the purchase price for the delivered goods within the maturity period of the issued invoice.
If the Buyer does not take possession of the goods within three working days from delivery of the notification concerning the readiness of the goods, in compliance with the confirmed order, the Seller is entitled to send all the goods to the Buyer, after the agreement with the Buyer, and to invoice the Buyer the transport price. Unloading of the goods has to be assured by the Buyer.
3. Ownership rights
The Buyer acquires ownership rights to the delivered goods at the moment the whole purchase price is fully paid.
4. Complaints about the goods
If the Seller does not deliver the goods in the quantity, quality and design according to the confirmed order, the goods should be deemed defective. The Buyer is entitled to complain about hidden and visible defects of the goods
Due to manufacturing technology, the Seller is entitled to fulfil the contract within these volume tolerances: ± 5%.
Visible (apparent) defects are defects that the Buyer can detect by checking the goods without seeing the internal content (mainly mechanical damages, appropriateness and status of the packing, water damage and apparently missing items...).
Hidden (not apparent) defects are defects which are detected after unpacking of the order (hidden defect of the quantity, incorrect parameters, de-lamination, incorrect printing, curved gluing etc).
If the goods are damaged during transport, the Buyer is obliged to notify the Seller immediately of said damage (together with confirmation by the driver of the transport vehicle) by phone (+421 36 7562680). Photo documentation of the damaged goods while still on the transport vehicle has to be immediately realized (before the unloading). Apparent defects of the goods can be claimed by the Buyer within five days from the receipt of the goods. Hidden defects can be claimed by the Buyer immediately after their realization or at least within three months from delivery to the Buyer. If the Buyer does not make a damage claim within the mentioned period, the Buyer looses his right arising from the defects of the goods.
The complaint – notification of defective goods - has to contain the following:
a) specification of the contractual relation, based on which delivery of goods under complaint was realized (the number of the Seller´s offer)
b) the name of the goods under complaint, the date of the delivery, the number of the delivery note
c) description of the defect
d) suggestion for resolution, rsp. the request
e) the volume of the defect goods
f) palette label from the palettes under complaint
g) in case of apparent mechanical defects the colour photo documentation.
The Seller is obliged to check whether the complaint is justified only on condition that the complaint was claimed against the Seller in the periods stated in the item 4. of this GCT and at the same time the Seller has the possibility to check over at least 50% of the total volume of the goods under complaint.
If the complaint has not been made in time, or if the Seller does not have the possibility to check over at least 50% of the total volume of the goods under complaint, the Buyer has no right to negotiate the complaint and at the same time he is obliged to pay the full purchase price.
When the Buyer claims his complaint in due course and in time and when the Buyer allows for the Seller to check at least 50% of the total volume of the goods under complaint, the Seller shall take a written stand concerning the complaint and a suggestion for solution, within the period of 10 calendar days.
In case the Seller admits the complaint, it will be settled based on agreement between the Contracting Parties. In the case of quantity complaints and in the case of complaints concerning damage occurring during transport, the Buyer is obliged to submit the commercial minutes, signed by the carrier or by the representative of the railroads. If the Buyer does not submit such minutes, the complaint will not be admitted.
5. The packaging and the disposal with the palettes and frames
The Seller shall deliver the ordered goods on the basis of the Buyer's requirements on EUR or atypical pallets and frames based on the pallet scheme, which will be part of the Buyer's order. Based on a contractual agreement with the Buyer, the Seller shall invoice the Pallets and Frames as part of the package to the Buyer at the contract price or the Pallets shall be refundable. No other contractual relation to pallets is permitted in the supplier-customer relationship. The Seller shall not repurchase the pallets that were part of the delivery of the goods. The Buyer is obliged to return the pallets in accordance with the agreed pallet account in good technical condition, at the latest after reaching the pallet account limit or after 30 days from the delivery of goods to the buyer. If the buyer does not fulfil this obligation, the seller has the right to invoice the pallets and frames. Both the Seller and the Buyer are obliged to keep accurate records of the pallets delivered and subsequently returned by the Seller in the manner of using the pallet account and to compare this situation monthly (confirm by e-mail).When the Buyer has no other requests, the current packaging method shall be realized according to the applicable rules of the Seller.
7. The validity of the GCT
These GCT are valid for each confirmed order and are represented the inseparable part of the Contract of Sales between Buyer an Seller.
8. Other provisions
When the goods ordered in due course has not been dispatched by reason of the Buyer - the Seller will be entitled - after notification sent to the Buyer - to realize the cancellation of the goods and afterwords to invoice the previously agreed price of the goods.