Bussines conditions for deliveries of fish
I. Delivery conditions, amount and quality
The vendor is obliged to deliver goods in an amount and quality according to the confirmed order. The quality of live market fish is governed by Czech State Norm 466862 – freshwater market fish, quality of processed fish PN 575111 – Processed freshwater market fish and the quality of smoked fish ON 575111 – Smoked freshwater fish.
The purchaser ensures the technical conditions for the acceptance of freely loaded goods – calibrated weighing scales with a useable range of 0.5 kg and qualified operators who are capable and authorised to take delivery of the order in a proper manner.
II. Time of fulfilment
Distribution is carried out twice a week – on Tuesday and Thursday. In periods of increased interest it is also carried out on Friday. In the event of larger deliveries, it is possible to agree a different distribution day. During the Christmas period, i.e., from 18 December to 24 December, distribution is carried out every day.
III. Transport conditions
The vendor delivers goods to the shop of the purchaser. The purchase price is established including transport costs. In the event of distribution of goods by the purchaser's own means of transport, the vendor provides the purchaser with a basic discount from the price of 1 CZK/kg.
NOTE: possibly according to individual agreement – for large customers
IV. Acquisition of ownership of the goods
The purchaser acquires the ownership right to the goods at the moment:
- when delivery is taken of the goods in the store of the purchaser and the delivery note is confirmed
- when delivery is taken of the goods at the fish ponds or processed and the delivery note is confirmed during the purchaser's own collection.
V. Warranty period for goods – liability for faults and complaints
The vendor provides a quality warranty for the goods that he provides. The conditions are dealt with by the norms shown in article I.
The purchaser is obliged to inspect the goods upon receipt. If he does not do so, he may only make claims for faults ascertained if he proves that the goods had these faults at the time of the transfer of the ownership right to the purchaser (reclassifications are essentially excluded by this).
The purchaser is obliged to announce the ascertaining of a fault to the vendor without undue delay after ascertaining the fault or after he should have ascertained the fault whilst exercising expert care; otherwise his rights arising from liability for faults expire.
Live fish and products are under constant veterinary supervision. The safety from the health aspect of the goods supplied will be demonstrated by a veterinary certificate.
VI. Invoicing and payment for deliveries
The vendor will invoice the deliveries on a ten-day basis, and, in the Christmas period, daily. The invoice is due immediately upon delivery. In the event of doubt, it shall be assumed that the invoice was delivered to the purchaser three days after posting.
If the purchaser defaults on the payment of an invoice, he shall be liable to pay the vendor default interest at the level of 0.1% of the outstanding amount for every day of default. Should other damage occur to the vendor as a result of default with the payment of an invoice, the vendor shall have the right to compensation from the purchaser for this damage.
Payment for the delivery of fish during the period from 15 December to 24 December (the Christmas period) will be carried out in advance. On the invoices issued, the customer deducts the advanced payments made. In the event that an advance is not paid, goods will not be delivered (except in exceptional cases after cash payment on the spot).
VII. Contract penalty
In the event that delivery is not taken of properly ordered and confirmed goods, the purchaser shall pay the vendor the costs which demonstrably arose for the vendor for transport and handling of the goods.
A contract penalty will not be required in the event that the order is cancelled one day at the latest before the required delivery.
VIII. Other agreements
Orders for fish for the Christmas period must be made by 15 November at the latest. The purchaser receives the confirmed order by 12 December.
During the course of the year, orders are made either in writing or by telephone, or the purchaser can order goods for the next delivery from the crew of the vehicle which delivers the goods to him.
The vendor is not obliged to deliver the agreed goods to the purchaser in the event that the purchaser owes outstanding debts to the vendor.