Delivery Terms

The General Delivery Terms specified hereunder are binding upon the Customers of Sewio Networks company; they pertain to the deliveries of any of the Products delivered to the Customers by the Company, irrespective of the method of delivery of the said Products.

Art 1 – Definitions

All definitions and other capitalized terms used in these GDT shall have the meaning as ascribed to them in this Article 1.

  • Company: Sewio Networks s.r.o., identification number 02506238, seated at Purkyňova 649/127, 612 00 Brno, Czech Republic.
  • Product: any hardware Product produced and/or supplied by the Company.
  • Customer: is an entity / a person entering a purchase agreement for the purchase of the Products with the Company.
  • Customization: is a desired modification to the standard type of the Product.
  • Defect: is a malfunction of Product that cannot be resolved by a maintenance or support and shall be resolved under Warranty.
  • Defective Part: is in relation to a certain Product a defective part or group of parts containing a defective item which forms a smallest replaceable unit in accordance with catalogue or instructions or current warranty guidelines of the Company.
  • Order: an order for the Products under these GDT.
  • Support Terms: terms for the support of the Products and the software of the Company; provided to the Customer with the Quote.

Art 2 – Orders and Delivery

  • Customer shall lodge all Orders for the Products by e-mail addressed to the relevant sales person and email address orders@sewio.net. By lodging the Order the Customer claims that he is not lodging the Order in the position of a consumer. The Company reserves the right to amend the method to lodge the Orders.
  • Each lodged Order shall contain:
  1. the sales catalogue number of the ordered Product (part number);
  2. ordered volume for such Product (part number);
  3. the desired place of delivery;
  4. the unit price;
  5. any Customizations (if applicable and agreed in advance), for each ordered type of Product.

The Customer can lodge his Order using the quote provided to him by the representative of the Company or using his own purchase Order. Payment terms and the delivery time of the Order are subject to separate agreement between the Company and the Customer.

  • Any Customizations of a Product ordered are subject to a prior agreement by the Company confirming expressly such specific Customization(s) and its price.
  • If the Customer’s requests for delivery can be satisfied, the Company will confirm the Order to the Customer. Provided that such confirmation is delivered to the Customer via standard means of delivery (including email, facsimile, personal delivery, courier service, etc.), a binding purchase agreement for the delivery of the ordered Products is deemed to be concluded between the Company and the Customer.
  • Should the Order contain a request for the Customizations, the Company shall confirm the Order only after it has assessed the possibility of implementing the required Customizations and has also determined a delivery date. Customizations are always subject to specifically determined delivery time, even if the Company fails to indicate a relevant time period.
  • The Company shall bear no liability for the selection and suitability of the Products chosen by the Customer for the purposes intended by the Customer.
  • The Company reserves the right to discontinue the supply of any Products at any time or to replace these Products with a new type of such Products. In case of already ordered Products, the Company reserves the right to deliver a more recent version of the ordered Product with functionality that is in substantial aspects equal and/or superior in comparison to the previously ordered Products.
  • The Company delivers the Products using FCA (INCOTERMS 2010), i.e. to the carrier ordered by the Company, while the delivery costs shall be charged by the Company to the Customer. The Company’s dispatch place is at Purkyňova 649/127, 612 00 Brno, Czech Republic. The Company is entitled to change the dispatch place at its sole discretion. Such change will not affect Orders already confirmed at the time of change. Other delivery methods can only be used where the Company expressly confirms such other delivery/take-over method for the ordered Products proposed by the Customer and simultaneously such agreement includes express indication of a price change due to changed delivery method. Such agreed delivery method only pertains to the particular confirmed Order. The Company shall arrange the custom formalities. The risk related to the damage or loss of goods passes to the Customer after the goods are handed over to the first carrier.
  • The Customer may request the insurance of his Order; the Company shall arrange the insurance of the Products during the transfer according to the request placed by the Customer in the Order. The insurance fee is 1 % of the invoiced amount of the Products.
  • The Customer must submit any requests regarding the inappropriate quantity, incorrect specifications, incorrect billing or damage with respect to the Products, without delay following the take-over of such Products. Within the period of time identical to the standard delivery time, the Company will assess the claim and remedy any defective performance in an appropriate manner determined based on the nature of the defect. Such remedy represents final and complete compensation for the defective delivery and the Customer is not entitled to any other compensation or performance.
  • The Company may suspend deliveries of the Products by a written notice to the Customer if the Customer defaults in the payment of Company’s due receivables.

Art 3 – Product Warranty

  • The Company grants for the relevant Product a Warranty for a warranty period of twelve (12) months.
  • The warranty period starts on the date of installation/first use (whichever occurs earlier) of the relevant Product but not later than ten (10) days after the date of dispatch of the relevant Product for the delivery to the Customer (hand-over of the Product to the first carrier for the delivery to the Customer).
  • The Customer has the following warranty rights:
  1. the right to have the defective Product repaired;
  2. the right to have the defective Product replaced with a fault-free version of the Product where the repair is not economically feasible or possible; or
  3. the right to return the defective Product for a complete refund if the Product cannot be repaired or replaced, all within thirty (30) days from the receipt of the Product subject to the warranty claim.
  • The Warranty does not apply to:
  1. consumable Products that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;
  2. Defects caused by operating the Products not in accordance with the user manual, technical specifications or other guidelines and materials published for the respective Product by the Company. Such guidelines may include carrying out regular inspections and maintenance;
  3. Defects caused by usual wear and tear or otherwise due to usual aging of the Products. For avoidance of doubt, a defective spare part scheduled to be replaced within a regular inspection shall be considered as a defect caused by the usual wear and tear.
  4. The Product, which was modified or disassembled by a person other than a fully trained technician, or if its malfunction was caused by an action of the Customer’s technician (either internal or external) or by a third party.
  • If the Warranty claim is accepted, the Company shall proceed in accordance with Article 3.3 hereof.
  • If the Warranty claim is rejected or revoked as not falling under the Warranty and/or due to an incorrect information provided as a part of the Warranty claim, the faulty Product will be dispatched/returned to the Customer at the expense of the Company, unless agreed otherwise.
  • If the Product contains or is accompanied by, or intended to be used with certain software, the license to it and its use shall be always governed by a separate licence agreement.
  • In case any Product or its part (as applicable) is to be returned to the Company under the Warranty, the Customer shall bear the costs of and arrange for the transport of the Product to the Company
  • The Customer shall lodge claims under the Warranty via service desk using a tool as provided from time to time by the Company and in accordance with the Support Terms. The Support Terms are binding to the Customer after the purchase agreement between the Customer and the Company according to the Article 2.4. of these GDT is concluded.
  • The Company shall not be liable for any Defects, resulting from interference with interconnected devices or software supplied by a third party. Should the Company discover, at any time, in connection with the filing of a claim regarding a defective Product, that the claimed defects arose from, or in relation to, the activities or operation of third party’s devices or software, the Company’s actions performed in relation to such a Defect and the costs associated therewith, shall, in accordance with the valid price list of the Company, be invoiced to the Customer that filed such a claim.
  • In case of a Defect, Customer’s rights specified in the Article 3. of these GDT constitute Customer’s sole remedy available in connection with such Defect. To the fullest extent permitted by law, neither party shall be liable to the other party or anyone else for (i) any loss of profit, loss of revenue, loss due to business interruption, loss of goodwill, reputation or opportunity; or any loss of anticipated savings in each of the foregoing whether direct or indirect; or (ii) any special, incidental, indirect or consequential loss, in each case arising out of or in connection with this purchase agreement, Defects, or any breach or non -performance of this purchase agreement, no matter how fundamental (including by reason of negligence) and whether or not the other party had been informed of or was aware that there was a serious possibility of such loss. To the fullest extent permitted by law, the total amount for which the Company can be held liable to Customer in matters arising out of or related to this purchase agreement shall be, in aggregate for all claims and actions, limited to the total price (excl. VAT) paid by the Customer to the Company under this purchase agreement.

Art 4 – General

  • These GDT shall be governed by the laws of Czech Republic. All disputes arising from, and in relation to these GDT shall be resolved exclusively by Czech courts.
  • The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded.
  • Neither party shall be under any liability for any delay loss or damage caused wholly or in part by fire, act of God, act of terrorism, act of war or governmental restriction condition or control or by reason of any act done pursuant to a trade dispute whether such dispute involves its servants or not or by reason of any other act, matter or thing beyond its reasonable control.

These GDT are valid from 1 December 2020.