- U1 s.r.o use of GTC
The company U1 s.r.o., with its registered office in Brno, Nejedlého 1, ZIP Code 638 00, IČ 26273179, DIČ CZ26273179, is registered in the commercial register maintained by the Regional Court in Brno, in section C, file 41126 (hereinafter also referred to as "U1" ). Every contract for the work that will be concluded between U1 as the customer (hereinafter also referred to as the "customer") and a natural or legal person as the contractor (hereinafter referred to as the "contractor") will be governed by these GTC, unless otherwise agreed in writing. The General Terms and Conditions have the nature of business conditions in the sense of § 1751 of Act No. 89/2012 Coll., Civil Code.
- Conclusion of contracts for work
The contract can also be concluded on the basis of a binding written order from the customer (hereinafter referred to as the "order") delivered to the contractor by e-mail, through the holder of the postal license, in person or in another suitable way. The written form is observed even if the order or its confirmation delivered between the parties by email message or in an email message attachment in PDF format, even if the email message and/or attachment is not signed with a recognized electronic signature. Upon delivery of the order confirmation by the contractor to the customer, a contract is concluded between the parties, which is governed by these terms and conditions.
- Execution of the subject of the work
The contractor is obliged to carry out the subject of performance at his own expense, properly and on time with full professional care and in the agreed quality, while complying with applicable regulations and state standards relating to the subject of performance.
- Delivery and acceptance of the subject of the work
The contractor is obliged to hand over to the customer the subject of the work in the agreed quantity, quality and date at the customer's head office, unless expressly agreed otherwise in the contract for the work. The customer is obliged to take over the completed work properly and on time on the agreed date and at the agreed place. The contractor is obliged to notify the customer no later than 5 calendar days in advance when the work will be ready for delivery and acceptance. Taking over the subject of the work is handing over the subject of the work to the customer based on a written document signed by the contractor's representative and the customer's representative. In the handover protocol, the customer shall indicate all defects and incompleteness of the subject of the work that will be detected upon acceptance and which do not prevent the usual use of the subject of the work or the reason for refusing to accept the subject of the work.
- Use of the subject of the work by the customer
In order to secure the object of the work, the customer is entitled to manipulate this work or its part, unless otherwise agreed in the contract.
- The price of the work and payment terms
The price of the work is determined by the contract for the work as a maximum and unchangeable price, including all costs of the contractor necessary to complete the work. The price of the work will be paid by the customer in the manner specified in the contract for the work. The moment of payment of the price of the work is considered to be the date of debiting the relevant amount from the customer's account. As a basis for the payment of the price of the work, the contractor will issue an invoice with the details of the tax document. The contractor is entitled to issue an invoice only after the protocol handover and acceptance of the work by the customer. The contractor's invoice must contain, in particular, the internal order number of the client's company, legal requirements, in particular the designation of the contractor and the client, their ID and VAT number, if they have them, the date of the invoice, the due date, the form of payment and the amount of money. In the event that the contractor's invoice does not contain the required details or contains incorrect information, the customer is entitled to return the invoice to the contractor within 10 working days from the date of its delivery without consequences of delay in payment of the issued invoice. The contractor is entitled to invoice only the work actually performed. The customer is entitled to withhold a retention fee in the amount of 5% of the invoiced amount from the invoice issued by the contractor, representing the fulfillment of the contractor's obligation to remove defects and incompleteness of the completed work, in such a way that 5% of the total price of the work, withheld from for the above-mentioned reason, the customer shall pay the contractor within 14 days after the contractor has removed all defects and unfinished works found within the framework of the procedure for the handover and acceptance of the work and contained in the relevant handover protocol (understood after the removal of the last/ one of them) and written confirmation of this fact by the customer. The price of the work is due on the due date of the invoice, and the due date of the invoice will be determined at least 30 days from the date of its issue, unless otherwise expressly agreed in the contract for the work. If the contractor and the customer agree in writing after concluding the contract to change the work, the customer is obliged to pay the price increased or decreased according to the calculation agreed by the contractor and the customer.
- Sanctions arrangement
In the event of a delay by the contractor with the start date of the work (work) and (or) handover and (or) acceptance of the work, the contractor undertakes to pay the customer a contractual penalty in the amount of 0.25% of the total price of the work for each day of delay, however does not apply if the delay was not caused by the contractor's fault. Payment of the contractual penalty does not affect the customer's right to claim the full amount of damages. The contractor's delay in starting the work (work) by more than 10 days, as well as the contractor's delay in handing over and taking over the work by more than 10 days, will be considered a material breach of the work contract. In the case of the client's delay in paying the owed amounts, the contractor is entitled to a contractual penalty of 0.05% per day of the owed amount. Payment of the contractual penalty does not affect the contractor's right to claim the full amount of damages. The customer is entitled to withdraw from the contract in the event of a material breach of the contract by the contractor with immediate effect by means of a written notice. The customer is also entitled to withdraw from the contract if the contractor is in liquidation, his assets are declared bankrupt, or reorganization under the Insolvency Act is permitted. Withdrawal from the contract for breach of obligations in other cases is governed by the provisions of the Civil Code. With this withdrawal, the customer's right to invoice contractual fines and other sanctions does not expire.
- Offsetting of receivables
As a customer, U1 has the right to set off any of its claims against the contractor, with the fact that the contractor's consent is not required for this set-off.
- Liability of the contractor
The contractor bears the risk of damage to the completed work until the subject of performance is handed over to the customer. The contractor and the customer undertake to accept, in the event of a dispute about the evaluation of the quality of performance, the opinion of mutually designated expert persons or the opinion of a court expert.
The contractor is also responsible for monitoring and complying with occupational safety and health protection regulations, equipping workers with protective equipment, maintaining order and observing hygiene regulations. Before carrying out any work, the Contractor is obliged to familiarize the workers with the occupational health and safety risks and operational safety regulations.
- Obligations of the customer subject to the performance of the contractor
The customer undertakes to provide the contractor with access to the premises where the work is to be carried out. The customer and the contractor will write a note about the temporary handover and takeover of the customer's premises for the purpose of carrying out the work, in which they will state the condition of access roads, elevators, the place of execution, etc. After the completion of the work, the contractor will hand the premises back to the customer in the same condition as stated in the record of handing over the premises to the contractor. The customer - persons authorized by him are entitled to continuously check the actual quality of the work and to notify the contractor immediately of any detected non-compliance with the requirements. The contractor is obliged to provide the client with all the necessary cooperation in the ongoing investigation of the objective state of the subject of performance. The contractor - persons authorized by him, are obliged to comment on the client's recommendation to change the agreed design within three working days. If the contractor does not respond within the deadline, it is considered that he has no objections to the client's recommendation and agrees with his proposal.
- Reservation of ownership and risk of damage
The customer is the owner of the completed work from the beginning. The risk of damage to the work passes to the customer the moment the faultless work is handed over to him.
The contractor is responsible for defects in the work at the time of its handover to the customer. In the event of a dispute as to whether the transferred work shows defects and incompleteness, according to the express agreement of the contracting parties, it is assumed that this is the case, until the contrary is proven; the burden of proof in this case is borne by the contractor.
The validity of §§ 2615 to 2619 of the Civil Code is not affected by this.
The recording of defects in the handover protocol is also considered to be a criticism of the defects of the work.
The contractor is obliged to remove the defects of the work within the period set by the customer, taking into account the seriousness of the specific defect. If the contractor does not remove the defects of the work within the specified period, the client has the right to remove the alleged defects of the work himself or through a third party at the contractor's expense, and the contractor undertakes to reimburse the client for these costs.
The contracting parties have agreed to exclude the application of the provisions of § 2609 paragraph 1 of the Civil Code.
If the contractor does not begin to remove the defect claimed by the customer no later than the deadline set for the removal of the defect, the contractor will pay the customer a contractual penalty of CZK 1,000 for each defect and day of delay.
The contractor hereby provides a guarantee for the quality of the work for a period of 60 months from the handing over of the work to the customer. The contractor provides a guarantee for the entire work.
The subject of the work must not have quality defects. The contractor undertakes that the completed work - and each of its parts - will be fully suitable for the purpose resulting from the contract for the work or for the usual purpose and that it will retain the contracted or usual properties throughout the warranty period. Any deviations from the definition of the work specified in the Contract, except for deviations (changes) requested by the customer during performance will be considered defective performance in accordance with § 2615 of the Civil Code.
The contractor undertakes to start the removal of any defects detected during the warranty period immediately, but no later than by the deadline set by the customer, and to remove the defects in the shortest possible time, unless the parties agree otherwise. The term and method of removing the defect(s) shall be determined by a separate written agreement; in the event that there is no agreement on the date and method of removing the defect, the contractor will remove the defect within the time and in the manner set by the customer, taking into account the nature and extent of the defect and any requirements of the superior customer. The contractor will start removing the defect even if he does not accept the complaint; the cost of removing the defect is borne by the contractor in disputed cases until the decision of the court or an agreed arbitration body. If it is proven in disputed cases that the customer complained about a defect without authorization, the customer is obliged to reimburse the contractor for demonstrable costs incurred in connection with the removal of such defect.
The date of settlement of the claim is the day when the customer confirmed the settlement of the claim by the contractor.
The customer is obliged to submit a possible claim for a defect in the work to the contractor in writing for the entire warranty period.
The contractor is obliged to pay for damages arising from claimed defects during the warranty period.
If the contractor does not meet the agreed or set deadline for removing the defect during the warranty period or does not start its removal within the set (agreed) deadline, the customer is entitled to remove the defect himself or through a third party at the contractor's expense. For this purpose, the customer will make a detailed documentation of the defect. The removal of a defect in the work during the warranty period, or part of it by another legal entity or natural person, does not in any way affect the customer's warranty claims against the contractor. Therefore, the contractor does not absolve himself of responsibility for defects by indicating that the defects were removed by a third party. In such a case, the contractor is obliged to pay the customer an amount equal to the price that the customer has demonstrably paid to a third party as a result of such a procedure. In the case of termination of the obligations under the Work Contract other than by fulfillment, especially in the case of withdrawal from the Work Contract by any contractual party, the Contractor remains responsible for defects in the work, including the quality guarantee.
If the Contractor does not meet the agreed deadline for removing the claimed defect within the warranty period, or if such a deadline was not agreed, he will pay the customer a contractual fine of CZK 1,000 for each defect and day of delay.
The contractor, in accordance with § 2898 of the Civil Code, declares that he is not the weaker party in this contractual relationship and waives the right to compensation for damage caused by breach of duty by the customer, which does not apply to damage caused intentionally. The contractor is fully responsible for the selection of products for a specific purpose and use. If specific warranty conditions have been agreed upon in the work contract for certain types of products, these are listed in the warranty sheet attached to the product, while the scope and conditions of the warranties may differ for individual groups of products. The warranty conditions according to the relevant warranty certificate have priority over the above-mentioned General Terms and Conditions.
- Final Arrangements
The customer reserves the right to change or supplement the conditions, especially in the event of a change in related legal standards or a change in the way of trading. The customer shall notify the contractor of the change, addition and their effectiveness. The contractor is entitled to terminate the work contract within 10 days if he does not agree with the changes, within a 2-month notice period.
The rights, obligations and legal status of the participants in the Work Contract are governed by the Czech legal system. Legal relations between the client and the contractor not expressly regulated by the contract for the work and/or conditions are governed by the relevant provisions of the Czech Civil Code and related legal regulations.
Legal proceedings, on the basis of which there is to be a change, cancellation or termination of the contractual relationship for the work, require a written form.
The provisions on arbitration, sanctions and damages do not expire by withdrawing from the Work Contract.
In the case of disputes about the content and performance of the Agreement, the participants are obliged to make every effort that can be fairly required of them to resolve these disputes amicably. The contracting parties have agreed that in the event that they fail to settle any dispute amicably, not even at the level of their statutory representatives, or persons authorized by them, all disputes arising from and in connection with this Agreement will be decided with finality at the Arbitration Court of the Economic Chamber of the Czech Republic and the Agrarian Chamber of the Czech Republic by three arbitrators according to its rules. The contracting parties have agreed that in the case of arbitration, the court will be Brno, Masaryk University – Faculty of Law, Veveří 70, zip code 611 70.
The contractor is not entitled to assign to a third party the rights arising from the contract for the work, nor to assign or suspend the claim he has against the client to a third party, without the prior written consent of the client.
These terms and conditions are available at the internet address www.u1.cz
These terms and conditions are effective from February 1, 2023.
