Terms and Conditions
Terms and Conditions
The company Shape Steel a.s. with registered office at Ruská 2974, 703 00 Ostrava - Vítkovice, ID No.: 25816675, VAT No.: CZ25816675, is registered in the Commercial Register of the Regional Court in Ostrava, Section B, Insert No. 10709 (hereinafter referred to as Shape Steel a.s.)
Document validity: from 10.03.2022
Shape Steel a. s. hereby issues the General Terms and Conditions of Shape Steel a. s. for the more detailed regulation of contractual relations between the seller or contractor Shape Steel a. s. on the one hand and the buyer or customer on the other hand, where the subject of the contractual relations is the sale of movable goods or the construction of works, (hereinafter referred to as "goods") to Shape Steel a. s. These General Terms and Conditions of Shape Steel a. s. s. are an integral part of any concluded contract of sale or contract for work, confirmed order or confirmed offer for the sale of movables or the construction of work (hereinafter referred to as "contract") concluded with Shape Steel a. s. as the seller or contractor (hereinafter collectively referred to as the Seller) on the one hand and another business as the Buyer or Customer (hereinafter collectively referred to as the Buyer).
Article I.
Formation of the Contract
1) The delivery of the goods shall take place on the basis of a specific contract, which shall be concluded in
individual cases according to the following principles between the Seller and the Buyer.
2) The contract is concluded as soon as the parties have agreed on its content. The conclusion of the contract shall
be subject to agreement on all the particulars. If the parties do not expressly agree on all the particulars, the contract is not concluded. Until the contract is concluded, the contractor reserves the right to terminate the contract negotiations and shall not be liable if the contract is not concluded. Acceptance of a draft contract (tender) with an amendment or deviation that does not substantially change the terms of the draft contract (tender) shall be considered a separate proposal and the contract cannot be concluded between the parties in this way, i.e. in the form of a response with an amendment or deviation that does not substantially change the terms of the draft contract (tender). The contract shall be concluded at the moment when the acceptance of the tender proposal becomes effective. If the client submits its own terms and conditions together with the acceptance of the draft contract (offer), which differ, even partially, from this contract text, the contract shall not be deemed to have been concluded. The contract may be concluded in accordance with the procedure pursuant to § 1895 et seq. The contract can only be assigned with the consent of the contracting parties. This provision also applies if the contract is to be assigned in part or to several assignees. Pursuant to Section 1899 of the Civil Code, the assignor's exemption is denied. The contractor is entitled to refuse to accept performance under the terms of Section 1936 of the Civil Code.
3) On the basis of the Seller's current price quotation, which is not a separate contract proposal, the Buyer shall issue a Binding Order or a written contract proposal with the particulars pursuant to Article VI, paragraph 2 hereof and shall send them to the Seller so that the Seller receives them well in advance of the required delivery date. The Seller's quotation shall specify the deadline for the submission of orders or draft contracts, subject to final approval by the Seller.
4) Based on the Buyer's Binding Order, the Seller shall prepare a written draft contract and send it to the Buyer for signature. The Seller shall be bound by its proposal 7 days from the date of dispatch, unless a different time limit is set by the Seller. The proposal for conclusion of the contract submitted by the Seller shall be confirmed by the Buyer within the period specified in the proposal. If the Seller receives the confirmed contract after the period during which he is bound by his proposal, the contract is concluded unless the Seller notifies the Buyer without undue delay that he rejects the confirmation of the contract as late.
5) In cases where the Seller does not exchange and no written contract is concluded, the Buyer shall issue a binding order and send it with the particulars according to Article VI, paragraph 2, to the Seller for confirmation. The Seller shall acknowledge receipt of the Binding Order and notify the Buyer thereof. The Seller may also acknowledge receipt of the Binding Order by preparing the goods for delivery to the Buyer within the required delivery time if the Buyer arranges the delivery himself, or by sending the goods to the Buyer within the required time and notifying the Buyer thereof. Acceptance of the offer shall be effective at the time when the seller's action takes place.
6) The content of each contract includes these General Terms and Conditions of Shape Steel a. s., (hereinafter referred to as "GTC"), which are published on the Internet on the website www.shapesteel.cz The Buyer confirms that he has read these GTC and agrees with their content. In this way, both parties enter into an agreement on the entire content of the contract and, unless the contract provides otherwise, the provisions of these General Terms and Conditions of Shape Steel a. s. are an integral part of any specific contract concluded with the Seller. In case of conflict between the contract and the GTC, the different provisions of the contract shall prevail. The subject matter of the contract is specified in the individual contracts and their annexes. Unless otherwise specified in the contract, partial deliveries are permitted. Relations between the contracting parties not governed by the contract or these GTC shall be governed by the relevant provisions of the Civil Code. On the basis of the contract thus concluded, the Seller undertakes to sell the goods to the Buyer in the quantity, range and under the conditions agreed in the contract and in these Conditions, as well as to enable the Buyer to acquire ownership of the goods and to hand over the documents relating thereto, and the Buyer undertakes to take delivery of the agreed goods and to pay the Seller the purchase price or the price of the work (hereinafter referred to as the "price of the goods") agreed in accordance with Article VI(1) of these Conditions. The Contractor may entrust another person to carry out the work.
7) Throughout the term of this Agreement, the Seller may require the Buyer to provide any form of legal or financial security or security for the Buyer's payment obligations, or to provide advances up to the value of each agreed business case. If the Buyer refuses to provide the Seller with such security or indemnity, the Seller may cancel any contract not yet performed.
8) In the event that the Buyer defaults in the payment of any debt due and payable and its accessories under the agreed contract, any advance payment or advance invoice, storage charges, liquidated damages or damages assessed, or refuses to pay any of such debts to the Seller, the parties have agreed to give the Seller the following remedies:
Pending full payment of the aforementioned outstanding debts, the Seller shall have the right to refuse to perform any delivery of goods already ordered or agreed to be delivered to the Buyer, whereby the Seller shall not be in default of its contractual obligations,
until the above-mentioned outstanding debts have been paid in full, the Seller shall have the right to return any order or draft contract to the Buyer without accepting it, whereby the Seller shall not be in default of its contractual obligations,
until the above-mentioned outstanding debts have been paid in full, the Seller shall have the right to withdraw from the agreed contract, as well as from all contracts concluded on the basis of it, with the Buyer being obliged to pay all damages incurred by the Seller and lost profits, within 15 days of receipt of an account thereof.
Article II.
Characteristics of the Goods The specific subject matter of the contract between the seller and the buyer will be specified in the individual contracts.
Article III.
Delivered Goods The specific subject matter of the contract between the Seller and the Buyer will be specified in the individual contracts.
1) If the Seller is not obliged under the contract to deliver the goods at a specific place, the delivery of the goods agreed in the contract shall take place by handing them over to the Buyer at the Seller's registered office (Place of Delivery).
2) The Seller shall fulfil the obligation to deliver the goods to the Buyer by handing over the agreed goods, duly marked as the Buyer's goods, to the Buyer at the place of delivery (see paragraph 1), or by allowing the Buyer to dispose of the goods at that place, or by handing over the goods to the first carrier for carriage to the Buyer, if the contract provides for dispatch of the goods by the Seller. The Buyer shall duly take delivery of the goods agreed under the Contract by signing the Seller's delivery note in the manner set out in Article III(4) of this Contract. The person to whom the goods are to be handed over is obliged to prove that he is authorised to take over the goods on behalf of the Buyer, otherwise the goods will not be handed over to him.
3) The risk of damage to the goods passes to the Buyer at the time the Buyer takes over the goods from the Seller or if the Buyer fails to do so in time to allow the Seller to dispose of the goods and the Buyer breaches the contract by failing to take over the goods. If the contract includes an obligation on the seller to ship the goods, the risk of damage to the goods passes to the buyer when the goods are handed over to the first carrier for carriage to their destination. The seller is responsible for carrying out the loading, unless the parties agree otherwise.
4) The seller shall enclose with each delivery the documents relating to the goods, in particular delivery notes with the usual particulars, or documents in lieu thereof. The Seller shall send the attestation documentation if the Buyer so requests in the order or in the written contract. The Buyer shall acknowledge receipt of the goods by the legible signature of an authorised officer on a copy of the delivery note. The relevant employee shall provide proof of authorisation to take delivery of the goods.
5) If the buyer is interested in special conditions for the delivery of the goods, or if the goods are to be accompanied by certain instructions or documentation, or if the seller is to return specific items or documents to the buyer, this must be agreed at the latest when the contract is concluded.
6) Title to the goods shall pass to the buyer on the date of full payment of the price of the goods. The buyer is obliged to inform the third party to whom the goods are subsequently delivered of the reservation of title.
7) The provisions of Section 2598 (2) of the Civil Code regarding liability for the material taken over, the settlement of accounts and the return of unprocessed material shall not apply. The unprocessed material remains with the contractor. Likewise, items (e.g. pallets, packaging, samples, etc.....) or documents handed over to the seller by the buyer for delivery of the goods shall only be returned to the buyer if the buyer so stipulates in the contract or in a written order.
Article IV.
Time Limits for Delivery of Goods
1) The Seller is obliged to deliver the goods within the time limit to be agreed between the parties in the contract. Facts and events which the Seller cannot, even with all due diligence, change or avert and which constitute a significant change in the conditions for delivery, such as war, strike, commercial, monetary and political measures of the competent authorities, natural events, unavoidable delays due to transport breakdown or accident, unforeseeable problems at customs crossings and other events of force majeure pursuant to Section 2913(2) of the Civil Code. In all the above cases, the Parties shall agree on an alternative delivery date.
2) The Seller shall fulfil the delivery within the agreed time limit by handing over the goods to the Buyer at the place of delivery, or by allowing the Buyer to handle the goods at the place of delivery, or by handing over the goods to the first carrier for transport to the place of destination when dispatching the goods to the Buyer. If it is a work, the work is performed if it is completed and handed over. The work is completed when it is shown to be fit for its purpose. When the buyer arranges for his own removal, the seller shall allow the buyer to dispose of the goods at the place of delivery. If the Buyer fails to collect the Goods within the agreed period, the obligation to deliver the Goods shall be fulfilled on that date and the Seller shall invite the Buyer to take delivery of the Goods. If the buyer fails to do so, the seller has the right to withdraw from the contract and to claim compensation from the buyer for damages and lost profits. If the Seller arranges transport, the Buyer shall be obliged to give the Seller a transport disposition no later than 2 days before the delivery date, unless otherwise agreed. For each day of non-collection of the goods or failure to grant transport arrangements after the delivery date, the Seller shall be entitled to demand from the Buyer a contractual penalty in the amount of 0.1% of the total value of the stored goods until their collection by the Buyer, unless otherwise agreed. If the Buyer fails to collect the goods after 14 days after notification that they are ready for collection, the Seller shall be entitled to sell the goods in an appropriate manner at the Buyer's expense. As agreed by the parties, the sale to a person authorised to dispose of waste shall also be deemed to be an appropriate method. In the event of an intended sale, the contractor shall give the customer an alternative period of not less than one month to take delivery of the goods. For the work, the above provision shall apply mutatis mutandis, except that the replacement period for taking over the work shall not be less than one month.
3) If the Buyer refuses to accept the goods produced or delivered by the Seller, or is uncontactable on the day of delivery, the Seller shall be entitled to invoice the Buyer for the full price of the goods and to store the goods with a third party, according to its current price list, at the Buyer's expense. The Buyer shall reimburse the Seller in full for the cost of storage, damages to the Seller and loss of profit. If the Buyer is in default in taking delivery of the goods or in paying for them, the Seller shall store the goods and retain them until payment is made, including the costs of storage.
4) The Seller shall not be in default in the performance of its obligation to deliver the goods to the Buyer if the Buyer is in default in the performance of any monetary obligations to the Seller, irrespective of the legal basis on which such monetary obligations in default have been incurred by the Buyer. The agreed delivery period for the goods shall only be suspended and continue to run in the event of default by the Buyer in the performance of any obligations to the Seller after the Buyer has fulfilled its obligations to the Seller. In the event that the Buyer fails to meet its due obligations to the Seller even within an additional reasonable period of 14 days after they are due, the Seller shall be entitled to withdraw from any concluded and not yet fulfilled purchase contract (or cancel its confirmation of the Buyer's order).
Article V.
Price of Goods
1) The price of the goods is agreed between the parties according to the price offer of Shape Steel a. s., current as of the date of issuing the Order by the Buyer, unless otherwise agreed between the parties, including the price of the attestation documentation, if any. The Buyer agrees to the prices for the Goods so set out by signing these Conditions. VAT will be added in accordance with the law.
2) The Buyer will state on each order the following: (a) quantity m/pc/kg, (b) material quality, including heat treatment in the form of a number, (c) dimensional standard, (d) technical and delivery regulations, (e) requirement for special surface treatments, (f) requirement for beveling, (g) requirement for type of attestation documentation, (h) required delivery date, ch) the price of the goods according to the Seller's current quotation, i) the stamp and signature of the Buyer, j) the authorisation to sign the order, unless this authorisation is based on a current extract from the commercial register or trade certificate, k) the date of the order, l) the transport requirements, including the transport price, m) the contact person for receipt, resp. n) the requirements for the return of delivered items and documents.
Each order of the Buyer for the duration of the contractual relationship is concluded on the basis of these GTC.
3) The statute of limitations as agreed by the parties shall be 4 years. The total amount of damages for which the Seller (Contractor) shall be liable and to which the Seller (Contractor) shall be obliged, if any, as a result of or in connection with a breach of the contract, shall not exceed the amount of the purchase price of the goods or the amount of the price of the work in each individual case. This provision is a contractual limitation of the amount of damages for which the seller (contractor) would be liable. This provision shall not apply to compensation for damage caused intentionally.
Article VI.
Payment Terms, Invoicing
1) The buyer shall pay the price of the goods on the basis of an invoice - tax document issued with the details resulting from the relevant law. The price of the goods and the invoice is due 30 days from the date of the taxable transaction, unless otherwise agreed. If an advance payment for the price of the goods is agreed between the parties, it shall be paid by the Buyer on the basis of the Seller's advance invoice due 7 days after its delivery, unless otherwise agreed. The Seller shall not be obliged to provide any performance to the Buyer until the Buyer has paid the agreed advance payment for the price of the Goods and shall not be in default of its obligations in this case. The deposit or deposits paid for the price of the goods shall be deducted from the Buyer's invoice.
2) Failure to pay the price of the goods in full within the agreed time limit shall be considered a material breach of contract with the consequences set out in Article I.7 of these GTC.
3) The buyer's obligation to pay the price of the goods is fulfilled when the amount corresponding to the full price of the goods is credited to the seller's bank account, at his free disposal. In the event of delay of the Buyer in paying the price of the goods, or part thereof, the Seller shall be entitled to charge the Buyer contractual interest on late payment in the amount of 0.05% of the amount due for each day of delay until payment, unless otherwise agreed.
4) Based on the written consent of both parties, invoices or invoice reminders may be issued and sent with the consent of the person for whom the taxable supply or tax-exempt supply with the right to tax deduction is made, in electronic form. The electronic tax document shall comply with the requirements of the law as amended.
5) The Seller declares that the Buyer is not entitled to unilaterally set off its claims against the Seller's claims. The Buyer declares that it undertakes not to suspend claims arising from the contract with the Seller without the prior written consent of the Seller, nor to enter into a contract for the security transfer of the Buyer's right arising from the contract with the Seller. For breach of this obligation by the Buyer, a contractual penalty of 100% of the nominal amount of the receivable that has been pledged or transferred by the Buyer is agreed. The Seller shall be entitled to claim compensation from the Buyer for damages caused by the breach of the obligation to which the contractual penalty applies. The Seller shall be entitled to claim compensation from the Buyer for damages in excess of the contractual penalty. The Seller and the Buyer, by the Buyer's acceptance of these GTC, agree that the Buyer's claim or set of claims under the contract with the Seller may not be assigned to another person. Such assignment of a receivable by the Buyer without the Seller's prior written consent to the assignment shall be void.
Article VII.
Packaging and Marking of Goods The goods will be packed in the usual manner, corresponding to the agreed chosen method of delivery, so as to protect them from damage and destruction.
Article VIII.
Warranty of Quality and Liability for Defects
1) The Seller accepts the warranty for quality for a period of 6 months from the delivery of the goods to the Buyer. The Seller shall not be liable for defects arising after the risk of damage to the goods has passed to the Buyer through no fault of the Seller, for defects arising from improper storage, handling, use, as well as for defects caused by the Buyer or a third party.
2) The buyer is obliged to inspect the delivered goods (according to the accompanying documents). The Buyer must notify the Seller immediately of any defects found or defects which he could have found with due diligence within a maximum of 7 days from the date of delivery of the goods. Other defects must be notified in writing by the Buyer immediately after their discovery - at the latest by the end of the warranty period.
3) The Buyer shall claim defects in the goods in writing to the Seller by means of a claim letter. In the complaint letter, the Buyer shall indicate a reference to the delivery note, the variable symbol of the invoice - tax document relating to the goods complained of, the specific contract, the characteristics of the defects, or how the defects manifest themselves, and the Buyer's proposal for the manner of settlement of the complaint. The Seller is entitled not to accept subsequently discovered defects if the Buyer could have discovered them during the actual acceptance of the goods.
4) The goods complained of must be stored separately until the complaint has been settled and any disposal of the goods which might make it difficult or impossible to examine the defects complained of is not permitted without the prior written consent of the Seller.
5) In the event of a claim, the Seller shall have the right to inspect the condition of the goods claimed directly at the place of discovery.
6) If the complaint is found to be justified, the Seller shall ensure that the defects found are rectified within a reasonable or agreed period of time, or shall supply replacement goods or provide a discount on the price.
7) Where a claim for a shortage of quantity is proven, the Seller shall supply the shortage, if reasonable, or refund a proportionate part of the price by way of a credit note.
Article IX.
Quantitative Defects
Quantitative defects are defects in delivery where the quantity of goods actually delivered does not correspond to the quantity stated in the accompanying documents (delivery note). If the Seller delivers more than the agreed quantity of goods, the contract is concluded even for the excess quantity, unless the Buyer has rejected it without undue delay.
In order to ascertain whether the delivered goods are free from defects in quantity, the Buyer shall be obliged to make a detailed acceptance of the goods and to claim in writing for defects in quantity within three working days after receipt of the goods, otherwise the Buyer's rights under liability for such defects shall be extinguished. The Seller is entitled to decide on the basis of the submitted documents on the validity of the submitted claim. On the basis of a justified "quantity" claim, the Buyer is entitled to claim the right to delivery of the missing goods or to an appropriate adjustment of the price of the goods. A performance within a tolerance of <5% of the delivered goods compared to the agreed quantity, or a deviation corresponding to the industry's technological practice, shall not be considered a quantity defect. This does not apply to goods delivered in pieces. In the case of delivery of the goods by handover to the first carrier, the purchaser shall claim quantitative defects from the carrier.
Article X.
Qualitative Defects
1) For the determination of quality defects, it is decisive whether the goods have the characteristics agreed in the contract. The buyer shall claim quality defects without undue delay after their discovery, or after the time when he could have discovered them with ordinary care, but no later than the end of the warranty period. The Buyer shall claim defective goods by means of a claim form with the contents of Article VIII. / 3.
2) The Seller shall, as a rule, within 5 working days after receipt of the complaint letter, notify the Buyer whether he accepts the complaint or for what reasons he rejects it. For this purpose, the Seller is entitled to inspect the claimed goods or have them inspected by an authorised person. In the event that a professional or expert assessment of the complaint is necessary, the time limit for the complaint shall be extended by the time of the professional or expert assessment. If the buyer has an expert opinion drawn up without the seller's prior consent, he shall lose the right to reimbursement of the costs. Should any deviation in the quality of the goods be detected by the buyer by means of an inspection method which was not agreed by the buyer when the contract was concluded, no claim shall be made.
3) The Buyer's rights arising from defective performance shall be governed by the relevant provisions of the Civil Code No. 89/2012 Coll., as amended.
Article XI.
Force Majeure and Other Arrangements
1) Facts or events which the Seller cannot, even with the exercise of ordinary care, change or avert and as a result of which it will or may become impossible or difficult for the Seller to provide the performance on the agreed terms are events of force majeure. Examples of force majeure are: war, strike, commercial, monetary and political measures of the competent authorities, natural events, uncaused delays due to transport breakdown or accident, unforeseen problems at customs crossings and other events of a similar nature. In all cases of force majeure, the Seller shall not be in default in the performance of its obligation for as long as the force majeure or its consequences last.
2) If, at any time after the confirmation of the order by the Seller, a force majeure event occurs, or in any connection with the consequences (effects) of a force majeure event, the Seller's supplier changes the delivery terms of the goods, or any other change affecting the delivery terms of the goods, the Seller shall notify the Buyer, including the new delivery terms proposed by the Seller. The Buyer shall, within 48 hours of being notified of the new delivery terms, notify the Seller in writing whether it agrees to the new delivery terms. If the Buyer informs the Seller that he agrees to the new delivery terms, the delivery of this notification to the Seller shall result in a change in the content of the concluded contract, as amended by the new delivery terms. If the Buyer informs the Seller that he does not agree with the new delivery terms or the deadline for delivery of the communication expires in vain, the Seller is entitled to withdraw from the concluded contract (i.e. cancel the order by unilateral decision) and notify the Buyer of this.
3) If, at any time after the confirmation of the order by the Seller, a force majeure event occurs, or in any connection with the consequences (effects) of a force majeure event, the Seller's ability to provide performance under the terms agreed upon is impossible or difficult, the Seller shall notify the Buyer of this fact in writing. In such a case, the Seller is entitled to withdraw from the contract at any time (i.e. cancel the order by unilateral decision) and shall notify the Buyer of this decision.
4) If, at any time after the order has been confirmed by the Seller, it becomes impossible or difficult for the Seller to provide the performance under the agreed terms and conditions due to a change in the delivery conditions of the goods by the Seller's supplier, or any other change affecting the delivery conditions of the goods, the Seller shall notify the Buyer of this fact in writing. The Seller shall be entitled to withdraw from the contract at any time (i.e. cancel the order by unilateral decision) and shall notify the Buyer of this decision.
5) The Seller shall not be liable to the Buyer for any damage that the Buyer, or third parties, may suffer as a result of the Seller exercising its rights to proceed as provided for in paragraphs 2 to 4 of this article of the GTC.
6) In other cases, the concluded contract may only be amended by a written, mutually signed amendment. The addenda shall be numbered chronologically and shall clearly state how the previously valid version of the contract is changed. Amendments shall be drawn up in the same manner and in the same number as the contract. Any unilateral cancellation of the contract, or requests for early termination of the production or purchase of the goods, or requests for changes in the scope of the agreed scope of performance, shall not be possible and shall not relieve the Buyer of the obligation to take over the ordered goods from the Seller and to pay the agreed price of the goods in full.
Article XII.
Changes to the Terms and Conditions
The Seller may change or amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
Article XIII.
Silence
1) The Buyer undertakes to treat all information obtained from the Seller in accordance with and in the performance of the Contract as a trade secret, to protect it and not to disclose it to any third party and not to use it for his own business or otherwise gain any advantage from it.
2) The Buyer also undertakes not to cause any conflict of interest in the performance of the Contract which may prejudice the interests of the Seller. The obligations under these provisions shall continue to apply after the expiry of the contract.
Article XIV.
Final Arrangements
1) The Seller does not assume any warranties or liability to a greater extent than as set out in these terms and conditions. In the event of non-fulfillment of the terms of the contract, the buyer is obliged to compensate the seller in money damages in full. The actual damage and what the seller has lost (lost profit) shall be covered. Claims against the Seller, unless expressly stated in these conditions and in the contract, are excluded. The provisions of § 558 (2), § 1740 (2) and (3), § 1757 (2), § 1757 (3) are excluded for any contract concluded with
Shape Steel Inc.
2) Contractual relations between the Seller and the Buyer, who is a legal or natural person with its registered office or domicile in the Czech Republic, arising from the concluded contract and these GTC, shall be governed by Czech substantive and procedural law, i.e. the relevant provisions of the Civil Code No. 89/2012 Coll. (hereinafter referred to as the Civil Code). In the case of the Purchase Contract, its provisions pursuant to § 2079 et seq. and in the case of the Work Contract, its provisions pursuant to § 2586 et seq. Any legal disputes arising from these contractual relations shall be heard by a court of competent jurisdiction. Pursuant to Section 89a of the Civil Procedure Code, the parties have agreed on the local jurisdiction of the court in Ostrava, in whose district the Seller's registered office is located and which has subject matter jurisdiction to hear the case.
3) Contractual relations between the Seller Shape Steel a. s. and the Buyer, who is a legal entity or a natural person entrepreneur with its registered office or domicile outside the Czech Republic (foreign person), arising from the concluded contract and these GTC and these GTC themselves are governed by the law (substantive and procedural) and the legal order of the Czech Republic, in particular the relevant provisions of the Civil Code No. 89/2012 Coll. In the case of the Purchase Contract, its provisions pursuant to § 2079 et seq. and in the case of the Work Contract, its provisions pursuant to § 2586 et seq. The Parties hereby establish by agreement the jurisdiction of the courts of the Czech Republic to resolve any disputes arising from the concluded contract and these GTC, as well as any disputes concerning its validity or the consequences of its invalidity. The Parties agree, pursuant to Section 89a) of the Code of Civil Procedure, Act No. 99/1963 Coll., of the Czech Republic, on the local jurisdiction of the court in Ostrava, so that all disputes arising from this contract shall be decided by the court with subject matter jurisdiction in Ostrava, in whose district the registered office of the Seller Shape Steel a. s. is located.
4) These revised General Terms and Conditions of Shape Steel a. s. are effective as of 10.03.2022 and are published on the Internet on the company's website: www.shapesteel.cz