General and delivery conditions

General and Delivery Terms and Conditions of Aqua IMPEX s.r.o.

Aqua IMPEX s.r.o., ID: 26295113 (hereinafter referred to as “supplier”), hereby announces the following business conditions effective from January 1, 2005, which apply to all sales made by the supplier and are binding for both the supplier and the customer.

These Business Conditions are available at the headquarters of Aqua IMPEX s.r.o. or as a document at www.aquaimpex.cz.

I. General Provisions

1. Relationships between the supplier and the customer not regulated by these Business Conditions are governed by the Commercial Code.
2. The warranty for our products is 24 months.
3. When selling technological units (such as Wastewater Treatment Plants or Pumping Stations), the supplier provides a warranty of the same length as it receives from the sub-suppliers from whom it purchases.
4. The warranty expires in case of damage to the supplied equipment due to handling in violation of the Business Conditions, as well as Technical and Delivery Conditions, or in case of interference by a person other than an authorized service. The warranty does not cover normal wear and tear and defects caused by elevated groundwater levels.
5. The customer is not entitled to compensation for damage caused by a defect in the equipment.

II. Company Information

1. Business name according to OR: Aqua IMPEX s.r.o.
2. Headquarters according to OR: Řípská 1142/20, 627 00 Brno
3. Registration: Commercial Register in KS Brno, file number C42223
4. Owner: Ing. Martin Jež
5. ID: 26295113

III. Working Hours

Monday – Friday: 08:00 – 16:00 (by agreement anytime)

IV. Seller

1. The seller commits to keep information about the buyer confidential and not to provide it to third parties.
   2. Before concluding the contract, the seller informs the buyer of all necessary details required for concluding the contract (i.e., its business name, supplier’s identification number, contact address, headquarters, working hours, names and characteristics of goods, prices of goods, delivery costs, payment methods, the period during which the prices remain valid, and business and complaint conditions) either verbally or in written form.
2. The seller issues an invoice for the purchase of the product with the date of sale, what product it is, and at what price the product was sold.
3. Upon request, the seller issues a warranty card to the buyer, according to the specifications stated in the Complaint Conditions. The seller reserves the right to change prices later.

V. Buyer

1. At the start of business relations, the buyer provides the seller with their contact details necessary for the smooth processing of the order, and for issuing an invoice, or details that they want to be included on the purchase documents.
2. Except for cases where withdrawal from the contract is explicitly negotiated, the buyer cannot withdraw from the purchase contract:
   • for the production of goods if their fulfillment has already been started with his consent,
   • for the delivery of goods whose price depends on the prices of sub-suppliers independently of the supplier’s will
   • for the delivery of goods customized according to the customer’s wishes,
   • for the delivery of damaged goods damaged by the carrier or construction company due to careless handling (or handling in violation of Technical and Delivery Conditions) of the goods.
3. By ordering goods, the buyer agrees that they have understood and agree with the Business Conditions of Aqua IMPEX s.r.o.

VI. Orders and Payment Conditions

1. The buyer is required to legally identify themselves when submitting a written order, i.e., present a certified extract from the Commercial Register, Trade License, or Founding Document.
2. Goods can be ordered in the following ways: in person or in writing at the contact address: Aqua IMPEX s.r.o., Řípská 1142/20, 627 00 Brno, or by email at: info@aquaimpex.cz, or by phone on the mobile phone: +420 608 743086. Each order must contain these details:
   • – date of the order and delivery date
   • – the buyer’s contact person and their signature
   • – phone connection to the buyer’s contact person
   • – place of fulfillment – delivery address
   • – method of transporting the goods to the place of fulfillment
3. If circumstances arise that have the nature of force majeure and prevent the fulfillment of contractual obligations, the contractual parties have the right to appropriately adjust the delivery time or withdraw from the contract if the delay lasts more than one month. In both cases, without any obligation for compensation.
4. Force majeure means extraordinary circumstances that prevent the fulfillment of obligations arising from the contract and arising after the conclusion of the contract, which could not have been averted by the respective contractual parties and foreseen at the time of the contract’s conclusion.
5. Payment for the goods must be made in one of the following ways:
   • – in advance by bank transfer
   • – in cash at the time of personal purchase (or in cash on delivery)
   • – on invoice with a payment term of 14 days after delivery of the goods

   For purchases of goods over 100,000 CZK, a deposit payment is agreed between the buyer and the seller. The deposit invoice serves as the basis for the payment of the deposit. If the deposit invoice is not paid within 7 days of sending, the delivery date of the goods is automatically extended by the length of the delay in paying this deposit invoice.

   Failure to pay the purchase price within the agreed payment period is a material breach of the contract.

   If the invoice is paid after the agreed due date, the seller will invoice interest on the delay from the unpaid amount at the rate of 0.03% for each day of delay.

   The goods remain the exclusive property of Aqua IMPEX s.r.o. until fully paid for.

6. The buyer is not authorized to sell the purchased goods abroad without the express prior consent of the seller. In this context, the provisions of § 739 of the Commercial Code No. 513/1991/Coll. apply. In case of non-compliance with this contractual obligation by the buyer, a contractual penalty of 20% of the value of deliveries of the same type of goods for the past 2 years from the date of detection of the breach of obligation, any higher compensation for damage is not affected by this.

The purchase contract between the seller and the buyer is concluded at the moment of delivery of the ordered goods to the buyer, the person authorized by the buyer to receive the goods, or the carrier.

VII. Dispatch of Goods

1. The basic delivery time is 21 – 28 calendar days. For corporate orders, the goods can only be received by a person authorized and appointed by the owner of the company or the statutory body of the company. This person must sufficiently identify themselves and present a valid document.
2. Upon delivery, the buyer is obliged to check the condition of the goods together with the carrier (number of items, completeness, and perfect condition of the goods) according to the attached transport document and refuse to accept incomplete or damaged goods.
3. If the receipt of goods by the buyer from the carrier is confirmed by signature in the carrier’s documents, there is no claim for subsequent complaints about incompleteness or damage to the delivery.

VIII. Technical Description

1. Generally

The plastic products (polypropylene, polyethylene) we manufacture and supply are designed for above-ground or underground installation and serve for storing various media, or as part of technological equipment. They are manufactured as rectangular or cylindrical. Tanks, sumps, septic tanks, and wastewater treatment plants are waterproof in the sense of ČSN 75 0905.

2. Usage

The typical series of plastic tanks is designed for storing various liquids, granules, or possibly even bulk materials, aggressive substances, and chemicals, respecting the chemical resistance values of the tank material. Tanks are also usable as septic tanks, cesspools, wastewater treatment plant tanks, oil separators, grease traps, and other technological devices, as reservoirs for drinking and utility water, etc. Tanks are suitable for contact with foodstuffs, so it is also possible to store liquids and products for food purposes in the tanks. The use of the tank with respect to the chemical resistance of the material of the tank itself, connecting pipes, fittings, etc., against the stored medium can be consulted with the supplier if necessary.

3. Possible types of underground installation and static dimensioning of tanks:

Option A – with concreting:

Used in cases of high static load (installation in drivable areas, near the foundations of buildings, roads, great depths of installation, etc.). The lid (top) which includes a plastic entry shaft is in this case used as lost formwork. Covers according to ČSN EN 124 are not part of our supply.

Option B – without concreting, self-supporting design:

Used for installation in the green belt with a maximum fill height on the lid of 300 mm. When installing, it is necessary to respect the static dimensioning of tanks. The area above the tank can be additionally loaded with a random load of max. 4 kN/m2. Entry shafts forming part of the lid can be equipped with plastic covers, which are included in the supply (the covers are non-walkable). When installing the tank into the ground, these values must be considered, and if necessary, further static securing (e.g., concreting, improving soil properties with stabilizations, etc.) must be carried out. The tank is also not dimensioned for any additional load caused by the pressure of the wheels of moving vehicles, dumps of materials, building foundations, etc.

4. Construction readiness

Construction readiness must be carried out according to the approved project carried out by an authorized person, who will request documentation from the supplier. The tank can be installed in the ground in several ways. To install the tank, it is necessary to excavate a construction pit of appropriate plan dimensions and concrete a base concrete slab with flatness ± 5 mm (local unevenness and overall horizontality of the surface are understood). The thickness of the concrete slab must correspond to the bearing capacity of the subsoil and the weight of the full tank.

Warning:

In the case of a high groundwater level (hereinafter referred to as HPV), it is necessary to lower the level below the foundation joint by pumping before concreting. Considering the height of HPV, it is necessary to partially or completely concrete the tank to prevent damage from water buoyancy. The fact of HPV occurrence must be taken into account in the static design of the tank, and the customer is obliged to notify the level of HPV in the order. Further concreting of the tank results from the project solution depending on the type of tank installation.

5. Assembly and technological procedure

– Before starting work on installing the tank, the groundwater level (hereinafter referred to as HPV) must not be above the level of the base slab.

– Perform a check of the flatness of the base slab and record the measurement, allowable tolerances in all directions: ± 5 mm.

– Check the overall condition of the tank with emphasis on bindings and any mechanical damage.

– If any defect is found on the tank, the supplier must be requested to carry out repairs before installing the tank into the excavation.

– After installing the tank on the base slab, in all cases, the customer performs filling of the tank with water to a depth of about 1 m evenly in all chambers.

– In cases where HPV is above the level of the base joint, the customer performs concreting of the base of the tank to the height determined by the project and based on static calculations so that damage to the tank by water buoyancy cannot occur.

– In the case of concreting the entire tank (assessed and statically designed by the designer), it is necessary to appropriately secure the internal bracing of the tank against the pressure of the concrete mix, e.g., with wooden braces and simultaneous filling of the tank with water in all spaces, increasing the water level concurrently with raising the layer of the concrete wall. The water level should always be proportionally higher than the layer of concrete. The reason is to fix the tank to the base concrete slab – there is a risk of the tank being washed out by the concrete mix. For these reasons, concreting must be carried out in layers with technological breaks with the hardening of the previous layer.

– Concreting is always carried out in those cases of installation where the tank design does not meet the static requirements as a self-supporting design.

WE WARN, to support the lid before concreting if it will serve as lost formwork for the ceiling reinforced concrete slab.

– When backfilling the tank, in the case of installation without the need for concreting, it is also necessary to increase the water level in the tank with backfill, which is carried out evenly in layers.

– Before backfilling, waterproof connection of pipes of possible inflow or outflow must be carried out.

– After backfilling and landscaping, it is necessary to enable safe access to the tank and secure the area against access by unauthorized persons.

IX. Clauses

1. The parties to this contract have expressly agreed that all property disputes that may arise in the future from this concluded contract, or in connection with it, including questions of its validity, interpretation, execution, or termination of rights arising directly from this legal relationship or directly related to it, will be decided in arbitration proceedings according to Act No. 216/94 Coll. On Arbitration Proceedings and the Execution of Arbitration Awards, excluding the jurisdiction of general courts, by an arbitrator appointed by HONESTA, s.r.o., Zeyerova 560/25, 460 01 Liberec, ID 25431200 from the list of arbitrators kept by HONESTA, s.r.o. The arbitration proceedings will be in writing only.
2. Delivery is carried out according to the relevant provisions of Act No. 99/63 Coll., Civil Procedure Code.
3. If any provision of this contract or its part is or becomes invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this contract, unless it directly follows from the content of the contract that this provision cannot be separated from its further content.
4. In the case mentioned in the previous paragraph of this contract, both contractual parties undertake to replace the invalid or ineffective provision with a new provision (contract amendment) whose purpose and economic significance are as close as possible to the provision of this contract to be replaced

X. Final Provisions

1. We welcome any opinions and comments on the quality of goods or services in our offer.
2. These Business Conditions are valid from January 1, 2005, and supersede all previous provisions and customs. Aqua IMPEX s.r.o. reserves the right to change these Business Conditions without prior notice.

 

In Brno on January 1, 2005

Ing. Martin Jež

owner of the company