General Terms and Conditions

of the company AG-FOIL BOHEMIA s.r.o.

I. Introductory Provisions

1. The General Terms and Conditions (GTC) of AG-FOIL BOHEMIA s.r.o., Bratislavská 3082, 690 02 Břeclav, Company ID: 26955261 (the Supplier), form an integral part of the purchase contract or binding order.

2. The General Terms and Conditions establish the main principles of supplier-customer relationships, the conditions for production, delivery, and handling of products agreed upon in the contractual relationship.

II. Orders, Contract Conclusion, and Fulfillment

1. The mutual relationship between the Supplier and the Customer is always contractually regulated, with a relationship based on a written or telephone-confirmed order by the Supplier also considered concluded.

2. When establishing a new supplier-customer relationship, the Customer is obliged to provide the Supplier with all identification documents, including but not limited to a copy of the extract from the Commercial Register confirming the assigned Company ID, a business license if applicable, and a tax registration certificate.

3. The Customer must provide all materials specified by the Supplier necessary for the realization of the product (such as production documents, dimensions, corrections, samples, delivery conditions, etc.) and cooperate in specifying all parameters of the supplied product.

4. If the Customer fails to provide the necessary materials or cooperation during the preparation phase, the Supplier reserves the right to suspend production until the required conditions are met and extend the agreed delivery deadline accordingly.

5. The Supplier has the right to reject orders from Customers who have previously failed to fulfill their contractual obligations.

6. The Supplier is not responsible for any factual or content discrepancies in the Customer’s submitted and approved order unless the Customer has specifically requested their correction in writing. If the Supplier informs the Customer of such discrepancies and the Customer insists on proceeding, or if the Supplier is unable to detect the discrepancy, any resulting quality issues will not be considered a defect or non-compliance on the Supplier’s part.

7. The Supplier is not liable for any infringement of intellectual property or copyright by the Customer in relation to the contractual product order. If any penalties are imposed on the Supplier due to such infringement, the Supplier is entitled to claim compensation from the Customer.

8. All parameters of the supplied product are specified in the Price Offer or graphical preview provided before the first production run.

9. Minimum requirements for a product inquiry:

Product name
Product shape
Material used or material characteristics
Quantity in required units
Product dimensions
Application method
Number of colors
Output specification (roll format, parameters, unit packaging, labeling, etc.)
Graphic design
Usage specifications (surface type, etc.)
Required delivery date (day, month, year, and optionally hour)

10. Minimum requirements for a first-time product order:

Internal product code of the Customer (if applicable)
Product name and exact specifications according to the Supplier’s price offer
Product dimensions
Ordered quantity
Product price according to the Supplier’s price offer and reference to the relevant price offer number
Required delivery date
Delivery address
Billing address
Approved graphical preview (if applicable)

11. Minimum requirements for a repeated order:

Supplier’s reference item code (abbreviation – see invoice/delivery note); internal Customer designation is also acceptable
Product name
Ordered quantity
Product name and exact specifications as per the Supplier’s price offer
Required delivery date
Delivery address
Billing address

12. The Customer shall bear costs associated with production preparation, including printing forms and cutting tools. These remain the Supplier’s property and are stored for 12 months after the last production run for possible future use. If not collected within 14 months, the Supplier may dispose of them at its discretion.

13. For certain non-standard materials required for production, which are not part of the Supplier’s regular offering, minimum order quantities may apply. If the Customer confirms an order involving such materials, they must pay for the full quantity. Any unused material will be stored for six months at the Supplier’s expense for future use. If no further production occurs within this period, the Supplier reserves the right to dispose of the material without prior notice.

14. Production starts only after mutual confirmation of the contract (order). The basis for the contractual relationship is the Price Offer, issued upon the Customer’s written inquiry specifying product requirements. If a graphical preview is issued, it must be reviewed and approved in writing by the Customer, making it a binding document. Once the order is placed referencing the Price Offer and graphical preview (if applicable), and confirmed by the Supplier, the purchase contract is concluded.

15. If the contractual parties agree to cancel the contract, the Customer must compensate the Supplier for all proven expenses incurred up to that point, up to the full contractually agreed price.

16. The Supplier informs the Customer of any circumstances that could affect the product’s quality or intended use.

17. The supplied product will be manufactured and delivered in a quality consistent with the capabilities of the applicable production technology and the parameters confirmed in the order. Unless otherwise specified in the price offer or graphical preview, standard manufacturing tolerances apply for die-cut dimensions (label size) +/-0.1 mm, for the gap between labels +/-0.3 mm (or +/-0.5 mm at the joint of the carrier strip), for the width of the carrier strip with labels +/-1.5 mm, for the distance between the label edge and the carrier strip edge +/-0.75 mm, for the alignment of all graphic elements (e.g., embossing, printing) with the die-cut outline +/-3 mm in both perpendicular directions, for the position of perforation lines relative to the die-cut outline +/-3 mm in both perpendicular directions.

18. The Supplier is responsible for the readability of barcodes only if their size and color (including background color) meet the relevant EAN standards. The Supplier is not responsible for the accuracy of the barcode content.

19. Due to technological constraints, the Supplier may deliver a quantity differing from the ordered amount by a maximum of +/-5% per item. The Customer is obliged to accept and pay for the actual delivered quantity.

20. All communication between the Supplier and the Customer may be conducted via fax or electronic means.

21. Contact Information of the Supplier:
AG-FOIL BOHEMIA s.r.o., Bratislavská 3082, 690 02 Břeclav
office@agfoil.cz , https://www.agfoil.cz

III. Purchase Price and Payment Terms

1. The Price Offer includes a proposal of prices (costs) for fulfilling the customer’s requirements, including a proposal of payment terms.

2. Unless otherwise specified in the Supplier’s Price Offer, the purchase price is understood to be set EXW (excluding transport costs).

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

4. The price for products from the Supplier’s standard Price Offer is based on the Supplier’s price list valid on the date the Buyer places the order. If issued in a foreign currency, the price is converted into Czech crowns based on the ČSOB exchange rate – forex selling rate applicable on that day.

5. Payment terms are agreed upon individually based on the proposal in the Supplier’s Price Offer.

6. The Buyer is obliged to pay the agreed purchase price under the agreed conditions.

7. The Supplier issues a tax document (original invoice) no earlier than the taxable supply date, i.e., the date of dispatch, along with the delivery note.

8. The Supplier reserves the right to send invoices electronically to the Buyer’s pre-agreed email address. In such a case, the date of sending the electronic invoice is considered the date of delivery, without exceptions.

9. In the event of the Buyer’s payment delay, the Supplier is entitled to charge the Buyer a contractual penalty of 0.05% of the outstanding amount for each commenced calendar day of delay after the payment due date.

IV. Delivery Terms

1. The Supplier shall hand over the product to the Buyer within the timeframe specified in the confirmed order.

2. In the event of a delay in the Supplier’s product delivery, the Buyer is entitled to charge the Supplier a contractual penalty of 0.05% of the price of the delayed product for each commenced calendar day of delay beyond the agreed contractual delivery date.

Unless otherwise specified in the Supplier’s Price Offer, the shipping fee will be automatically added to the invoice according to the rules stated below. If no special agreement is made with the business partner, the shipping cost will be based on the total value of deliveries made to a single location on the given day and will always be listed as a separate item on the invoice. This applies to deliveries within the Czech Republic.

Printing Ribbons:

Each package up to 30 kg – 100 CZK (excluding VAT)

One-time order exceeding 20,000 CZK (excluding VAT) – DDP delivery at no charge

Labels:

Each package up to 30 kg – 100 CZK (excluding VAT)

One-time order exceeding 50,000 CZK (excluding VAT) – DDP delivery at no charge.

4. If the Buyer arranges transportation with their own carrier at their own expense, this must be specified in the order. The product is considered delivered once it is handed over to the Buyer’s carrier, at which point the risk of damage passes to the Buyer. In this case, the delivery date is considered fulfilled when the product is made available for pickup (notification from the Supplier to the Buyer).

5. If the Buyer does not state in writing that they will pick up the goods directly from the Supplier’s premises, the Supplier is authorized to deliver the ordered product as described in point 3 of this section.

6. The Supplier will deliver the entire ordered quantity at once. However, if the Buyer requests partial deliveries, the Supplier is entitled to charge 20 CZK per occupied pallet space per day for each partial delivery, unless otherwise agreed.

7. Upon receiving the product, ownership transfers to the Buyer, who is required to confirm receipt by signing the delivery note or a corresponding carrier document.

8. The Buyer must inspect the delivered product upon receipt. If any discrepancies are found, the Buyer must immediately contact the Supplier and submit a written notification of the issue in accordance with the Supplier’s claims policy.

9. If the return of reusable packaging is agreed upon between the contractual parties, the Buyer must return it according to the pre-agreed conditions.

10. If these reusable packaging materials are not returned as specified, the Supplier has the right to charge the Buyer the full price according to the currently valid price list.

11.

If the reusable packaging consists of EUR pallets, the supplier-buyer relationship must be handled in one of the following ways:

a) Returnable packaging loaned to the Buyer

The Buyer must return the loaned packaging no later than 30 days from the date of dispatch of the goods (pallets with finished products). Both the Supplier and Buyer must maintain records of the quantity and type of loaned returnable packaging to allow periodic confirmation of balances.

b) Returnable packaging sold to the Buyer

The returnable packaging is sold to the Buyer at the current price list rate along with the finished products. The invoice will list these packaging materials as a separate line item.

12. If discrepancies are found in the quantity, type, or condition of returnable packaging, both parties must immediately inform each other and follow the standard claims procedure set by the Supplier.

13. If the Buyer is more than 10 days overdue in fulfilling their financial obligations to the Supplier, or if their total outstanding balance exceeds 10,000 CZK, the Supplier is entitled to suspend production and delivery under all ongoing contracts until full payment is made. Once the final outstanding amount is credited to the Supplier’s account, the agreed delivery deadlines will restart. In such cases, the Supplier is also entitled to request an advance payment, with delivery deadlines beginning only after the advance invoice has been paid and the funds credited to the Supplier’s account.

14. If the Supplier is unable to fulfill obligations directly or indirectly due to uncontrollable circumstances (such as war, threat of war, uprising, sabotage, fire, terrorist attacks or threats, storms, floods, explosions, natural disasters, government regulations, EU restrictions, strikes, destruction of production facilities, supplier failures, changes in customs regulations, import/export bans), the Supplier will immediately notify the Buyer and agree on further steps. The delivery period will be reasonably extended under these circumstances. Neither party will be obliged to compensate for any losses, including lost profits, arising from such situations.

V. Packaging

1. All Supplier’s products are adequately protected by packaging to prevent damage during handling and transportation.

2. All Supplier’s products are adequately protected by packaging to prevent damage during handling and transportation.

3. The Supplier’s standard products are packaged according to the current offering of AG FOIL BOHEMIA s.r.o.

VI. Service Rates for Ink-Jet and Thermal Transfer Devices

Service performed on working days within 48 hours (arrival at the customer’s location from the time of issue reporting) is charged 500 CZK/hour. The minimum billable time unit is 30 minutes, and travel expenses of 14 CZK/km will be charged.

Service performed on working days within 24 hours (arrival at the customer’s location from the time of issue reporting) is charged 540 CZK/hour. The minimum billable time unit is 30 minutes, and travel expenses of 14 CZK/km will be charged.

Service performed on non-working days (weekends, public holidays) or at night between 20:00 and 5:00 is charged 640 CZK/hour. The minimum billable time unit is 15 minutes, and travel expenses of 14 CZK/km will be charged.

VII. Travel expenses

For distances up to 300 km, travel expenses are charged at 14 CZK/km.

For distances between 300 km and 500 km, a flat rate of 3,700 CZK is charged.

For distances over 500 km, a flat rate of 4,600 CZK is charged.

Travel expenses are calculated within the area of Czech Republic.

VIII. Warranty Conditions

1. The supplied products come with a 12-month warranty from the date of manufacture indicated on the packaging or the date on the delivery note, unless stated otherwise.

2. The quality of the supplied products is governed by the rules specified in Article II, point 17, of this agreement.

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

Storage in undamaged, original packaging
Relative humidity of a normal environment (50 ± 5%)
Temperature (22 °C ± 2 °C)
Storage away from direct sunlight, radiant heat
Protection from ground or other moisture, contamination, weather conditions, and mechanical damage
Substances that may release chemical vapors, especially those containing plasticizers, solvents, etc., should not be stored with the products
Storing the product in rolls horizontally
Consuming the oldest stored products first

Repackaging partially consumed products into their original packaging or packaging recommended by the supplier.

4. Recommended conditions for the application of self-adhesive materials (unless otherwise specified by the supplier).

Self-adhesive materials should be applied to a flat, dry, non-greasy surface free from all impurities, in an environment with conditions as specified in point 3 above.

5. The intended use of the product and its application method should be consulted with the supplier in advance.

IX. Complaints

1. Complaints are governed by the Complaints Procedure of AG-FOIL BOHEMIA s.r.o., published at https://www.agfoil.cz

X. Final Provisions

1. In the sale of all its products, the supplier assumes that the buyer has independently and freely decided on their suitability for the intended use.

2. The supplier is responsible for any damages caused by its actions up to the actual amount but not exceeding the value of the undelivered or incorrectly delivered goods.

3. No waiver of rights, claims, changes, or additions to the above conditions are valid unless agreed upon in writing.

4. The conditions agreed upon in the purchase contract, an addendum to the purchase contract, or a confirmed written order take precedence over these General Terms and Conditions. All other relations and obligations of the contracting parties will be governed by the Civil Code – Act No. 89/2012 Coll., as amended, valid in the Czech Republic.

5. Any disputes arising from the supplier-customer relationship will be resolved primarily through personal or written contact, and legal action will be considered a last resort.

6. In cases of translation of contracts and these General Terms and Conditions into another language, the interpretation of the Czech version shall prevail.

7. These General Terms and Conditions, published at https://www.agfoil.cz, come into force and effect as of January 1, 2016.

Břeclav

December 12, 2015

Mrva Patrik – executive director of the company