General Terms and Conditions

General conditions for work on motor vehicles and their components

The subject of these General Terms and Conditions for the performance of work on motor vehicles and their components (hereinafter referred to as the “GTC”) is the regulation of the basic business relations between the company AutoservisHaus.cz s.r.o. with registered office at Vančurova 1297, 36301 Ostrov (hereinafter referred to as the “Supplier”) and the Contracting Authority (hereinafter referred to as the “Customer”). The Customer accepts and acknowledges the following GI as binding for all performances to be carried out within the scope of work on motor vehicles, trailers, aggregates and their components, which is confirmed by signing the order sheet referring to these GI.

I. Order

1. The agreement for the repair or maintenance of motor vehicles and their components (hereinafter also referred to as the “Work Agreement” and the “Order”) is binding from the moment the customer signs the Order Form, which refers to these GTC posted in the supplier’s premises and on the website. The Customer may request these GTC from the Supplier.

2. The scope of work and, if applicable, the required completion date must be stated in the order form.

3. In cases that cannot be postponed, the agreement on the execution of the work/contract and the extension of the scope of work may also be agreed orally. The contractor shall make a record of the oral award on the contract sheet. These GTCs also apply to such cases of contract recording.

4. The works agreement authorises the contractor to award subcontracts to its subcontractors, to carry out test runs and to transport the vehicle to which the work relates.

II. Pricing data on the order sheet, contract extension, repair and maintenance cost budget

1. The supplier shall indicate in the order sheet the preliminary price of the repair, if any. the contractual price that can be foreseen in the future in connection with the execution of the contract. Prices may also be indicated in the order sheet by reference to the corresponding items in available catalogues of prices for spare parts and work. The Customer acknowledges and understands that the prices quoted in the order form are not final and are only approximate. If the preliminary total price is not quoted before the customer signs the order form, a telephone consultation is arranged with the customer after the prices of spare parts have been obtained from the supplier.

2. The execution of work beyond the agreed order requires the prior consent of the customer. In most cases, consent will be by telephone.

3. If the customer requests binding price data when placing the order, the supplier shall prepare a budget of the repair or maintenance costs after disassembling the affected part of the vehicle. In the repair or maintenance cost budget, the contractor shall list the work and spare parts with the appropriate price indication. The Supplier shall be bound by this budget for a period of three weeks from its issue. The disassembly of the affected part of the car, if the customer does not accept the submitted budget, is charged according to the rate of mechanical work specified in the currently valid price list.

III. Contract completion date

The contractor is obliged to meet the completion date indicated in the order sheet. If the scope of the work changes or expands from the original order and as a result the original completion date cannot be met, the Supplier shall notify the Customer and agree a new completion date and extend the order to include the extra work.

IV. Handover and acceptance of the contract

1. The handover of the subject of the order and its acceptance by the customer shall be carried out at the supplier’s premises, unless otherwise agreed.

2. If the customer does not take possession of the subject matter of the order within one (1) week of notification of completion of the order, he is in default. For repairs performed within one working day, the time limit for acceptance of the order is two (2) days.

3. In case of delay in acceptance of the order, the supplier will charge parking fees according to the valid price list. If the customer is in default of acceptance of the subject of the order, the supplier is entitled to store the subject of the order at his discretion under normal conditions. The risk to the subject of the order and the costs associated with storage in such a case shall be borne by the customer.

4. The dismantled parts will be presented to the customer for inspection upon handover of the repaired object of the contract.

5. If the customer requests the removal or delivery of the subject of the order to another place according to its destination, this is done only at the customer’s expense and risk.

V. Contract settlement

1. The price of the work shall be charged by the Supplier on the basis of its price list for service work or by contract price. The price valid on the date of completion of the contract applies. An excerpt from the price list for service work is published in the supplier’s office and on the company’s website.

2. The prices of work, spare parts and materials are shown separately for each performance in the invoice, except for the repair prices set by the contract price. The Supplier shall be entitled to include more than one spare part or work item in one accounting item.

3. If the customer supplies its own spare part or service cartridge, the supplier is not liable for the quality of the spare part/service cartridge, their durability or the quality of the work performed. In case of delivery of own spare part/refill by the customer, the supplier may charge the price of “mechanical work for delivery of own spare parts” according to the supplier’s price list.

4. The invoice is always sent electronically to the email address provided by the customer in the order form. If the customer did not provide an email address, it was understood that the invoice would not be sent. However, it can be requested later.

VI. Payment terms

1. The order price is payable immediately upon acceptance of the subject of the order by the customer, unless the tax document stipulates a later due date.

2. In case of delay in payment of the order price, the customer is obliged to pay the supplier interest on the delay in the amount of 0.05% of the total order price for each day of delay and a contractual penalty in the amount of 0.05% of the total order price for each day of delay.

3. The Supplier shall be entitled to require the Customer to pay a reasonable deposit for the price of the order, either upon acceptance of the vehicle for repair or during the repair.

VII. Lien

1. The Supplier is entitled to retain the subject of the contract as security for its outstanding debt to the Customer. The right of retention may also be exercised in respect of claims arising from work previously performed, the supply of spare parts and other performance, provided that they are related to the subject matter of the contract.

2. In the event of the exercise of the right of retention, the Supplier shall notify the Customer in writing without undue delay of the retention and the reasons for it.

3. The lien shall be extinguished by the release of the retained item to the customer against the provision of another form of security agreed by the supplier, or by payment of the claim in full.

VIII. Warranty

The Supplier warrants the work performed to the extent and under the conditions as set out below.

1. The Supplier shall provide a guarantee against defects in the contract for a period of 6 months from the handover of the subject of the contract. However, the warranty expires no later than 10,000 km for motor vehicles and trailers. Normal wear and tear is not covered by the warranty.

2. The customer is obliged to inspect the subject of the order upon acceptance and, if he finds any defects, to immediately point them out. If he fails to point out defects already detected at the time of acceptance of the order, he shall not be entitled to claim for defects in the order that were timely asserted.

3. In all other cases, defects must be notified to the supplier in writing immediately upon discovery and precisely specified. If the Customer notifies the defects orally at the premises, the Supplier shall issue the Customer with a written confirmation of the defects.

4. The Supplier shall rectify the defect subject to warranty at its own expense. In urgent cases, with the Supplier’s consent, the defect may be repaired by another professional person whose premises are nearest to the location of the defective vehicle, provided that the Customer notifies the Supplier in writing in advance. The Supplier shall bear the cost of the work and materials required to remove the defect, the cost of towing the vehicle and other costs shall be borne by the Customer.

5. If, despite repeated attempts at repair, the defect cannot be rectified, the customer may demand a discount on the price of the order or withdraw from the agreement to carry out the work.

6. The warranty cannot be applied in the following cases:
– the subject-matter of the contract has not been delivered/transferred to the supplier at the same time or immediately after notification of the defects found,
– the contractor has not been notified in advance that, as a result of the emergency situation, the defects identified will be repaired by another professional person (see point 4 of this Article),
– the defective parts have been modified, repaired or removed in the meantime at the customer’s instruction by another professional person or by the customer and this is not the case described in clause 4 of this article,
– other spare parts or consumables supplied by the customer are used for repair or maintenance.

IX. Liability for damages

1. The Supplier shall be liable for any damage caused to the subject of the contract during its execution. This also applies to damages incurred during test runs or transport of the subject of the contract. If the customer or a person authorised by the customer drives the vehicle during the test drive, the risk of damage and liability for damage passes to the customer.

2. The supplier is not liable for damages caused by previous or subsequent interventions/repairs.

3. The Supplier shall not be liable for any damage to personal belongings on or in the subject of the contract (car). The customer signs the order form as an expression of his consent to this fact.

4. If the supplier is responsible for damage to the subject of the contract, he is obliged to take measures to eliminate the damage, in particular by repairing the subject of the contract at his own expense. If the repair cannot be carried out, or if it is associated with disproportionately high costs, the Supplier shall reimburse the Customer the amount equal to the price of the subject of the order on the date of damage, but not more than the manufacturer’s recommended selling price of the subject of the order. If the price cannot be determined, the Supplier shall pay an amount not exceeding the recommended selling price of a similar type of item in standard equipment on the date of damage.

5. The Customer is obliged to inform the Supplier immediately in writing of any damage to the subject of the contract, if the Supplier is liable for it, including its exact specification.

X. Reservation of ownership

1. All spare parts and accessories used in the execution of the contract shall remain the property of the Supplier until full payment of the final contract price.

2. Parts that have been replaced by new parts during the performance of the contract remain in the possession and become the property of the Supplier, unless otherwise agreed in writing or verbally.

XI. Final provisions

1. If a dispute arises between the Supplier and the Customer during the sale of spare parts, accessories, servicing services and/or a dispute arising from such sale of goods or supply of these services, the Customer concerned is entitled to turn to the Czech Trade Inspection Authority (www.coi.cz) or another entity authorized by the Ministry of Industry and Trade (www.mpo.cz) in the framework of out-of-court settlement of consumer disputes.

2. Other disputes arising out of work/procurement agreements and related business relationships shall be decided by the competent court at the supplier’s registered office, unless exclusive jurisdiction is given to another court.

3. In the event that any provision of these T&Cs becomes invalid or illegal, the remaining provisions shall remain unaffected thereby. Invalid or unlawful provisions will be replaced immediately with a legal and valid version.

4. All relationships and situations between the Supplier and the Customer are based on the Work Agreement and these GTC. Relationships and situations not regulated in these GTC are governed by the relevant provisions of the Commercial Code as amended.