Definitions:
Delivery Terms shall mean Delivery, Sales and Payment Terms of Sladkosti s potiskem
SSP shall mean SLADKOSTI S POTISKEM
Production Materials shall mean know-how, designs, illustrations, presets, mock-ups, visualizations, patterns, samples, forms, drawings, plates, stencils, blanking dies, moulds and other essential tools used in the manufacture of products.
I. General Information:
These General Conditions shall apply to all deliveries carried out by SSP. Any conflicting terms and conditions of the Ordering Party or any conditions which deviate from these General Conditions will not be recognised, unless otherwise agreed in writing.
Any and all additional arrangements between SSP and the Ordering Party aimed at streamlining the contractual performance shall be made in writing.
SSP reserves the right to use all products developed on customer request as reference designs in own promotional activities, and in particular, in catalogues or at exhibitions and fairs.
II. Offers and Prices:
All offers shall be valid for the period of 14 days from the date on which the offer is made, unless otherwise agreed in writing.
The order shall be binding from the date it is accepted by SSP in writing.
The foregoing also applies to all appendices, addenda, additions, amendments, designs, pre-sets, sketches, drawings, dimensions, basis weight values, colours, tastes, and the agreed lead times.
All prices provided in the offers are ex warehouse Chvaletice, U Kulturniho domu 349 with goods placed in a standard packaging made of a 3-layer cardboard.
The prices are exclusive of the costs of shipment, logistics, and shipment preparations, as per distribution lists, etc.
III. Production Materials
SSP reserves the title and copyrights to all production materials developed by SSP. The same applies to any production materials developed with the financial contribution of the Ordering Party.
For any orders entrusted to companies other than SSP and implemented on the basis of graphical materials developed by SSP (designs, samples, mock-ups, etc.), SSP shall charge the Ordering Party with a contractual penalty of 20% of the applicable order value. SSP reserves the right to claim further damages.
IV. Printing Methods
Available printing methods:
- flexographic printing (film and paper, aluminium and laminated materials)
- pad printing (metal and plastic)
- offset printing (paper, cardboard, boxboard)
- digital printing on paper
- thermal printing on paper, cardboard, plastic, wood
- laser engraving (metal, wood and plastic)
Pantone formula scale can be reproduced with 100 percent accuracy on white chalked paper only. Differences in the colour shade and tone attributable to the base material and the printing method cannot be considered a fault subject to complaint.
For Pantone formula scale, the Ordering Party shall define the colour number; for CMYK printing, the Ordering Party shall submit a production proof within 3 business days from the date of design approval by the Ordering Party.
If the proof fails to be submitted, the design delivered by other means (e-mail, hard copy printed on a standard printer, etc.) ) shall be deemed approved by the Ordering Party and released for production, and no deviations from the design can be considered a fault subject to complaint.
Design approval by the Ordering Party shall be considered as final design approval, which is equivalent to design release for production. No amendments can be introduced thereafter.
V. LABELS
Pursuant to the Regulation of the Minister of Agriculture and Rural Development of number 110/1997 on the labelling of foodstuffs, the following data will be provided on the label:
- product name
- list of ingredients
- best-before date
- net basis weight or quantity per packaging
- specific storage conditions, if the product quality significantly depends on the way it is stored.
- manufacturer data:
BLUE DOTS s.r.o.
U Kulturniho domu 349
533 12 Chvaletice
tel./fax +420 775 35 65 35
www.sladkostispotiskem.cz
VI. EXECUTION OF THE AGREEMENT
1. A condition for execution of the agreement is a successful delivery to SSP of a written, legibly signed and stamped order, containing the following clause: "I hereby accept the Terms of Delivery, Sale and Payment of sladkosti s potiskem".
2. A condition for execution of the agreement is confirmation by SSP of acceptance of the order for realization, which is equal to conclusion of the agreement and is made in writing on a SSP form. The confirmation of the order is submitted to the Orderer by e-mail or fax.
VI A. REALIZATION OF THE AGREEMENT
1. A condition for realization, unless specified otherwise, is pre-payment by the Orderer based on a proforma invoice of 45% of the gross value (in case of export the prepayment is 100%) within 4 business days of receipt of the Order Confirmation.
An evidence of the payment is at least a faxed or e-mailed copy of a reliable bank transfer confirmation.
2. A condition for realization of the agreement is delivery to SSP on a magnetic carrier or by e-mail of a graphical imprint design (or materials needed for its realization), prepared in one of the following programs:
Corel Draw (extension *.cdr)
Adobe Ilustrator (extension *. ai, *.eps)
For photos Adobe Photoschop format is required (*.psd, *.tif, *.eps) in the required size with resolution of 300 dpi, CMYK.
3. A condition for realization of the agreement is Orderer’s acceptance of the final version of the graphical imprint design.
4. For agreement realization all of the above conditions must be fulfilled, with no exceptions.
VII.ORDER IMPLEMENTATION
Orders shall be implemented within up to 4 weeks from the date the order was submitted and from the date the relevant final design version was accepted, unless any other date is specified by SSP in writing.
With reference to the specifics of the printing machines, the number of goods produced may vary slightly from the ordered quantity. Orders shall be considered duly completed if the Ordering Party is provided the ordered quantity of mass products subject to ą 5% deviation.
For other products, ą 2% deviation from the originally ordered quantity shall be accepted.
In any case, the invoice shall include the actual number of products delivered.
SSP reserves the right to refuse to implement an order in case of default or improper performance of contractual obligations by the Ordering Party.
All dates and lead times set out in the contract are subject to change, unless otherwise agreed.
Subject to approval by the Ordering Party, the Producer reserves the right to change the shapes and tastes of products; deviations in the shades of colours and in the delivered quantity of products may also occur, provided that the fundamental nature of the products remains unaffected.
SSP shall not be responsible for all and any delays in the deliveries (notwithstanding the dates and lead times agreed upon with the Ordering Party) arising out of Force Majeure or any other circumstances that significantly impede or prevent the delivery completion, and in particular, but not limited to extreme weather conditions, scarcity of raw materials, failures, strikes, media shortages, decisions of regulatory authorities, including circumstances affecting SSP co-operators.
SSP reserves the right to delay or cancel the order if any of the aforementioned circumstances arise.
SSP guarantees the declared minimum best-before date only if the products are kept under suitable storage conditions by the Ordering Party.
The order shall be deemed property completed upon its acceptance by the Ordering Party or on its release for shipment.
SSP reserves the title to the delivered products until the entire product value is paid.
VIII. DELIVERY TERMS AND CONDITIONS:
Products shall be delivered after the total gross amount as set out in the invoice is duly settled, unless otherwise agreed.
Products will be accepted from the SSP warehouse at the expense of the Ordering Party.
Deliveries can be optionally sent by a courier company or otherwise on request and at the expense of the Ordering Party. The risk of delivery loss or damage shall be borne by the Ordering Party.
Upon release of products from the SSP warehouse, SSP shall not be liable for any defaults or negligence of the forwarding companies.
Specific SSP products must be shipped on pallets, in refrigerated trucks, etc. SSP shall inform the Ordering Party on any such special shipment requirements in advance.
Upon explicit request in writing, and at the expense and risk of the Ordering Party, the goods can be sent without pallets or with no refrigerated trucks provided, however, no complaints related to such deliveries shall be accepted by SSP.
If goods are delivered by a courier, the Ordering Party shall become familiar with the terms and conditions of the relevant courier company.
If any damages occur during the shipment, the Ordering Party shall:
- draw up a report on damages;
- make photos of the damaged delivery;
- notify SSP on the damages in writing within 3 business days from the delivery receipt.
IX. COMPLAINTS
Complaints shall be revised only if submitted to SSP in writing within 7 days from the date of goods delivery directly by SSP or within 10 days from the release of delivery to a forwarding company.
All qualitative complaints shall be revised if the faulty goods are returned to SSP headquarters at the cost of the Ordering Party. If the complaint is accepted, these costs shall be reimbursed.
Complaints of products with an imprint made outside SU or referring to damages arising out of delayed goods acceptance or improper storage conditions shall be rejected.
X. CONTRACT TERMINATION AND SSP LIABILITY
The Producer reserves the right to terminate the contract immediately if the Ordering Party defaults in the implementation of its contractual obligations or if any payments remain outstanding, or if the Ordering Party subject to insolvency proceedings or is closed down.
If the contract is terminated by no fault of the Producer, the Ordering Party shall pay a contractual penalty of 70% of the gross order value.
If the Ordering Party suffers any damages arising out of any default or improper performance of the contractual obligations by SSP, SSP shall be liable up to the value of the actual damages sustained, but no more than 10% of the gross value of the order.
XI. DISPUTES
If a dispute fails to be settled amicable within 30 days, it shall be referred to a common court in Hradec Kralove