Business terms and conditions for the sale of vehicles
These Business Terms and Conditions (hereinafter “BTC”) form an integral part of the Purchase Agreement for the sale of the motor vehicle (hereinafter “Vehicle”) concluded between AURES Holdings a.s., ID No.: 01759299, with its registered office at Dopraváků 874/15, 184 00 Praha 8 – Čimice, entered in the Commercial Register kept by the Municipal Court in Prague, section B, file no. 19139, as the seller on one side (hereinafter the “Seller”) and the buyer indicated in the invoice on the front side of this document, as the buyer on the other side (hereinafter the “Buyer”).
Based on the Agreement, the Seller hands over and transfers ownership of the Vehicle(s) specified in the invoice on the front side of this document, including all parts, accessories and documents to the Buyer for the agreed purchase price, and the Buyer receives and accepts the Vehicle(s) into its ownership from the Seller for the agreed purchase price.
Payment of the invoice has to be sent always to the account mentioned on the invoice.
Payment order is sent to the Buyer within 5 days from the date the purchase of the car is concluded by both parties.
In case the purchase price is not paid within 10 days from the date of purchase, the seller is entitled to withdraw from the purchase contract.
In case the purchase price is not duly paid the seller is entitled to claim the contractual penalty in the amount of 250€ per vehicle.
The Parties unanimously declare that the purchase price for the Vehicle(s) was determined by mutual agreement, with regard to the condition of the individual Vehicles, as well as the Seller’s intention to sell the individual Vehicles and the Buyer’s intention to acquire ownership of this/these Vehicle(s) at the agreed price. The Buyer declares that it is aware of the actual price of each Vehicle and that it will not exercise its right to terminate the Agreement on the grounds of gross disproportion in mutual performance pursuant to Section 1793 (2) of the CivC.
The Seller is not liable for any defects the Vehicle had at the time the risk of damage to the Vehicle passes to the Buyer, with the exception of legal defects.
In the context of its liability for the Vehicle’s legal defects, the Seller declares that the Vehicle is not the product of a crime, that it is not encumbered by a lien or any other third party rights, and that the Vehicle is not the subject of leasing according to a valid and effective, as yet not terminated leasing contract. In the opposite case, the Buyer shall be entitled to withdraw from the Purchase Agreement. The Buyer can exercise its rights under liability for legal defects for the life of the Vehicle.
Rights arising from liability for defects are not transferable to a third party and can only be claimed against the Seller by the Buyer.
The Seller is only entitled to withdraw from this Agreement if the Buyer fails to duly and promptly pay the purchase price for the Vehicle.
In the event of a withdrawal from the Purchase Agreement for any of the reasons given by law or these Business Terms and Conditions, the Seller will return the purchase price for the Vehicle to the Buyer against the return of the Vehicle to the Seller by the Buyer at the Seller’s premises, in the condition in which it took receipt of the Vehicle from the Seller, taking normal wear and tear into account. If the Buyer fails to return the Vehicle to the Seller in the condition in which it took receipt of the Vehicle from the Seller, taking normal wear and tear into account, it undertakes to pay the Seller all costs for returning the Vehicle to such a condition, and all damages incurred by the Seller in this context; the Seller will be able to offset its claim for the payment of these sums against the Buyer’s claim for the return of the purchase price. In the event of a withdrawal from the Purchase Agreement, the Buyer will not be entitled to compensation for costs in relation to the return of the Vehicle to the Seller, unless this a justified withdrawal based on claimed liability for defects. The Buyer is not entitled to interest on money returned by the Seller.
The Buyer shall become the owner of the Vehicle at the moment the Buyer will take over the Vehicle and pays the full purchase price for the Vehicle to the Seller.
Handover of the Vehicle and Transfer of the Risk of Damage to the Vehicle
The Seller undertakes to handover the Vehicle to the Buyer not earlier than the day of payment of the full purchase price. From the moment the Buyer will take over the Vehicle, the Buyer is fully responsible for complying with all legal regulations on the operation of vehicles on public roads, and will ensure the conclusion of third party motor vehicle insurance for the Vehicle from this moment, otherwise it will be liable for all damages incurred by the Seller (including fines imposed by the relevant authorities).
The risk of damage to the Vehicle passes to the Buyer at the moment the Buyer will take over the Vehicle.
Vehicles have to be picked up within 10 working days from receiving of notification by email. If deadline isn’t met the right to invoice the cost of storage arises (1 car / 1 day = 4EUR).
The provisions of Section 1798 to 1800 of the CivC shall not apply to the obligation between the Seller and the Buyer.
All contractual relations between the Seller and the Buyer are concluded in accordance with the laws of the Czech Republic and in questions not expressly covered by the Purchase Agreement or BTC, shall be governed by Act No. 89/2012 Coll., the Civil Code, as amended.
The Purchase Agreement becomes valid and effective on the day the Purchase agreement is agreed by both parties. This day is also the date of taxable supply.
The Parties exclude application of the UN Convention on Contracts for the International Sale of Goods to this Agreement. The Parties agree that courts of the Czech Republic shall have exclusive jurisdiction to settle any disputes arising in connection with this Agreement, whereas the general court of the Seller shall have local jurisdiction.
The Buyer is bound by the wording of the Business Terms and Conditions valid at the time of concluding the Agreement.
These BTC become valid and effective on 1.1.2014.