General Terms and Conditions

I. General provisions

These General Terms and Conditions of Business govern the relations between BEGHELLI-ELPLAST, a.s., with registered office at Elišky Junkové 798/6, 642 00 Brno, ID No.: 46347909 (hereinafter referred to as "Beghelli-Elplast"), registered in the Commercial Register maintained by the Regional Court in Brno, sec. B, vl. 811, as the seller, and its customers (hereinafter referred to as the "Buyer") in the sale of Beghelli-Elplast products, goods and services (hereinafter referred to as the "Products").

 

II. Order of bindingness of documents

In the event of differences between the provisions of the individual documents governing the relationship between Beghelli-Elplast and the Buyer, to the extent that they conflict, the order of their binding force is as follows:

 

1. one-off conditions agreed individually for a given business case and confirmed in writing by both parties in the relevant business documentation (inquiry, offer, order, order confirmation, invoice).

2. the Purchase Agreement or the Master Purchase Agreement, if such is concluded between Beghelli-Elplast and the Buyer.

3. Special terms and conditions that are part of the purchase contracts or framework purchase contracts between Beghelli-Elplast and the Buyer.

4. These General Terms and Conditions (hereinafter referred to as "Terms").

 

III. Ordering procedure

The Buyer shall submit his orders in writing by e-mail. The order must contain, inter alia, an unambiguous specification and quantity of products and the required delivery date. Upon delivery to Beghelli-Elplast, the order becomes binding. Unless expressly agreed to in writing between Beghelli-Elplast and the Buyer in the documentation referred to in paragraph II of these Terms and Conditions, any part of the Buyer's order that contradicts or otherwise disagrees with these Terms and Conditions shall be rejected and shall not become part of any commercial agreement between Beghelli-Elplast and the Buyer.

 

Beghelli-Elplast will confirm the order, indicating the delivery date and, if applicable, the available quantity, in writing by e-mail. In the event that Beghelli-Elplast is unable to confirm the delivery date of some or all of the items in the order within 48 (forty-eight) hours, it shall at least confirm to the Buyer the fact of receipt of the order, indicating the expected date of sending the final order confirmation. Beghelli-Elplast shall not be liable for any non-acceptance of the Buyer's order or any part thereof.

 

If within 7 (seven) days of receipt of the order confirmation, or within a shorter period with respect to the expected delivery date, the Buyer does not express his disagreement in writing by e-mail with the expected delivery dates, or with other facts different from his order, the order confirmation becomes the only binding and final document superior to the Buyer's order. Any changes to an order confirmed in this way are only possible in very exceptional cases and only with the prior written consent of Beghelli-Elplast by cancelling the item in question in the original order and issuing a new order.

 

In the event that it is impossible to meet the expected delivery date specified in the order confirmation, Beghelli-Elplast will inform the Buyer of this fact no later than 1 (one) day before the expected delivery date, indicating an alternative date.

In no event shall Beghelli-Elplast be liable for loss of profit, loss of business or special, consequential, incidental or punitive damages or damages of any other kind due to failure to meet the delivery dates specified in the order confirmation.

 

IV. Delivery / Acceptance of products

Unless otherwise stated in the documentation according to paragraph II. of these conditions, the delivery conditions are EXW, Brno (place of distribution warehouse or manufacturing plant of Beghelli-Elplast). The transfer of costs and risks from Beghelli-Elplast to the Buyer shall be governed by the relevant terms of Incoterms 2010.

 

Upon acceptance of the products at the time and place of delivery in accordance with the relevant delivery conditions, the Buyer shall inspect or have inspected the conformity of the delivery as to types, quantities, completeness and external damage. If within 7 (seven) calendar days from the time of acceptance of the delivery the Buyer does not make a claim via the procedure provided for this purpose on the Beghelli-Elplast website or by e-mail, the risk of incomplete quantity, incompleteness or external damage of the products passes to the Buyer - except where a proper check cannot be made without breaking the packaging of the individual products. In such cases, the time limit for making such a claim shall be extended until such time as such inspection can be made for the first time, but no longer than 14 (fourteen) calendar days after receipt of delivery.

 

V. Payment

The Buyer shall pay for the delivered products on the due dates and to the bank account indicated on the invoices issued by Beghelli-Elplast. The date of payment shall be deemed to be the date on which the funds are credited to Beghelli-Elplast's account.

 

Should the Buyer be in default of payment, Beghelli-Elplast may demand payment of default interest at the rate of 0.1 % of the amount due for each day of delay. The payment of interest is without prejudice to Beghelli-Elplast's right to compensation for any damages due to late payment. In the event of a material delay in payment by the Buyer, Beghelli-Elplast shall be entitled to cancel all outstanding orders of the Buyer and to demand immediate payment for all its invoices issued to the Buyer, irrespective of their due date. Beghelli-Elplast's right to compensation for related damages is not affected.

 

VI. Reservation of ownership

The parties hereby agree that the ownership right to the subject of this contract shall pass to the Buyer only at the moment of payment of the full purchase price, while the risk of loss and destruction of the goods shall pass to the Buyer already at the moment of its handover and acceptance. Until payment of the purchase price, the Buyer is not entitled to dispose of the item as its owner, although he is obliged to take care of it with due care and at his own expense. If the purchase price is not duly and timely paid, the Buyer is obliged to hand the item back to the seller at the first request.

 

If the Buyer resells the item that is the subject of this Agreement, then the retention of title under this provision shall apply from the time of the effective date of such sale to all benefits that the Buyer has duly negotiated and accepted or secured for the sale of such item. The Buyer shall in this case forthwith remit to the seller all that he has so received or transfer to the seller the title to what he should have received, to the extent of the liability for payment of the purchase price under this contract.

 

The return of delivered products for non-payment does not relieve the Buyer of the obligation to pay for the products that have not been returned, to pay the difference in value of the products that have not been returned in the quality in which they were delivered and to pay any default interest to which Beghelli-Elplast is entitled.

 

VII. Prices, payment and delivery terms

The prices or other commercial terms and conditions stated in price lists, promotional or other commercial materials of Beghelli-Elplast are informative and in no way constitute a right of the Buyer to obtain them. The price of the product will be determined by agreement between the parties.

The prices quoted in the price lists are exclusive of VAT and do not include any recycling or other charges which, if required by the relevant regulations, will be invoiced separately.

 

Beghelli-Elplast reserves the right to change prices, payment, delivery and other terms and conditions in the event of sudden changes in the price of materials, energy or other sub-supplies and other costs and facts beyond Beghelli-Elplast's control or delay. Such changed prices or terms and conditions shall be applicable to all products previously ordered by the Buyer and confirmed by Beghelli-Elplast with immediate effect upon receipt of notice to the Buyer by electronic mail. In such case, the Buyer shall have the right to withdraw from the orders or parts thereof so affected and not yet delivered.

 

Beghelli-Elplast excludes the possibility of payment of any of its claims by way of unilateral set-off by the Buyer. Set-off by the Buyer is only possible by written agreement of the parties.

 

VIII. Changes to products

Beghelli-Elplast reserves the right, at its sole discretion, to change or modify the technical specification of products or to change the product range by withdrawing from production, modifying existing products or adding new products, provided that such changes do not materially adversely affect the performance, dimensions or service life of such products.

 

IX. Provision of the guarantee 

Beghelli-Elplast guarantees its products for a period of 24 (twenty-four) months from the date of sale (hereinafter referred to as the "warranty period or warranty"). The warranty is subject to compliance with the warranty conditions as set out in Article X of these GTC.

 

Subject to paragraph VIII. of these Conditions, Beghelli-Elplast warrants that the Products shall be of the same design and characteristics as those set out in its technical or commercial documentation and free from defects in materials and workmanship, unless otherwise stated in the accompanying documentation for each Product. After the expiry of the warranty period, the Buyer shall lose the right to claim any damages due to such non-conformities.

 

In the event of any non-conformity of the delivered products during the warranty period, the Buyer is obliged to inform Beghelli-Elplast via the designated procedure on the company's website or by e-mail, no later than within 7 (seven) working days of discovering this fact, and to provide Beghelli-Elplast with the required data and the necessary cooperation, including obtaining samples of the claimed products and sending them to Beghelli-Elplast's headquarters, if requested. If the Buyer fails to inform Beghelli-Elplast within the 7 (seven) day period, all warranty claims and claims for defects shall be extinguished.

 

In the event that Beghelli-Elplast accepts the validity of the claim, it will provide the Buyer with remedies in the form and order listed below:

 

- repair of the defective product or replacement of defective parts;

- replacement of a defective product with a faultless one;

- refund of the purchase price.

 

The decision on the remedy is entirely within Beghelli-Elplast's discretion, depending on technical, logistical and other conditions. Beghelli-Elplast may also grant the Buyer a reasonable price reduction if the Buyer agrees to this. Sections 2106 and 2107 of Act No. 89/2012 Coll. exclude the parties.

 

The Buyer is entitled to send back the claimed products only by prior written agreement with Beghelli-Elplast. The provisions of § 2108 of Act No. 89/2012 Coll. are excluded by the contracting parties.

The shipment with the claimed goods must be visibly marked with the assigned claim number. The address for sending complaints is Elišky Junkové 798/6, 642 00 Brno. Complained goods cannot be sent on delivery or at Beghelli-Elplast's expense.

 

This warranty does not cover any defects due to normal wear and tear; accelerated wear and tear caused by special physical, chemical or electrochemical conditions; lack of maintenance or improper repair; failure to comply with storage, assembly
and user instructions; use of improper materials and tools; or any defect due to circumstances beyond Beghelli-Elplast's control.

 

Apart from those expressly mentioned herein, there are no other warranties, direct or indirect, which go beyond those mentioned herein. Beghelli-Elplast excludes liability for loss of profits, loss of business or special, consequential, incidental or punitive damages, or damages of any other kind, based on a claim or otherwise related to the products supplied hereunder or on a case-by-case basis governed by these terms and conditions. Buyer will not make any warranty, direct or indirect, relating to any product that differs from the warranty provided by Beghelli-Elplast for such product.

 

X. Warranty Terms and Conditions 

Compliance with the following warranty conditions is a prerequisite for the proper application of the warranty:

 

Regular maintenance of luminaires must be observed. Once every 24 (twenty-four) months, the entire surface of the luminaires must be checked for dust particles and other dirt deposits; in case of deposits and dirt, all dirt and dust deposits must be removed from the entire surface of the luminaire.

Luminaires must be installed and operated in accordance with the installation instructions.

After the installation, make a photo documentation of the installation and the installation area and make this photo documentation available to Beghelli-Elplast, a.s. The photo documentation will be used for possible solutions to claims (proof of installation location). Beghelli-Elplast may inspect and assess the installation site of the luminaires once a year.

Luminaires may only be used for the purpose for which they were manufactured. Any other use will be considered inappropriate and therefore dangerous. The manufacturer shall not be liable for any injury to persons or animals or for damage to property caused by improper, inappropriate or unreasonable use.

The luminaire must be disconnected from the mains before any intervention in the luminaire or maintenance and servicing. This work may only be carried out by a person KNOWLEDGEABLE within the meaning of the applicable decree on competence for the activity. The luminaire may only be connected to an electrical network whose installation and protection comply with the applicable standards.

This warranty is void in cases of failure to properly install the luminaire in accordance with the instructions, or in cases of damage to the luminaire or modification or repair by an unauthorized person. Defective products must be returned to your nearest authorized Beghelli - Elplast, a.s. service center.

The warranty does not cover any decrease in luminous flux and change in chromaticity temperature according to the data and values specified in the luminaire catalogue sheet, when operating in higher ambient temperatures than those specified therein.

The extended warranty does not include the removal of the defective luminaire and installation of a new one. The warranty does not include other incidental costs associated with the repair or replacement of the luminaire. These costs shall be borne by the customer.

Before the warranty can be applied, it is necessary to make a photo documentation of the installation and the installation site to allow an adequate assessment by a BEGHELLI-ELPLAST, a.s. technician.

Any claim is made by filling in the claim report at www.beghelli.cz - in the section - Support.

A guarantee longer than 24 (twenty-four) months may only be granted by written agreement of the parties.

 

XI. Force Majeure

Beghelli-Elplast shall not be liable for partial or total non-performance of its obligations under these Terms and Conditions, in particular, but not exclusively, for the delay, postponement or cancellation of the Buyer's orders, even if previously confirmed, in cases beyond Beghelli-Elplast's control:

 

- act of God, war, insurrection, civil commotion, embargo, intervention of civil or military
   authorities;

- changes in applicable administrative, health and hygiene laws or regulations;

- strike, work stoppage or other interruption of production;

- traffic problems;

- fire, flood and other natural events.

 

In such cases, the Buyer shall not be entitled to any damages, penalties or any other compensation, direct or indirect.

Similar cases entitle the Buyer not to take back the ordered or even already manufactured products, although none of this entitles the Buyer not to fulfil its obligations in respect of previously delivered products, in particular to pay the purchase price for them in full and within the agreed terms.

In the event of the impossibility of fulfilling their obligations for such reasons, Beghelli-Elplast and the Buyer are obliged to inform the other party of this fact without undue delay, as well as of the passing of their effects.

 

XII. Applicable Law - Jurisdiction

Relationships not expressly governed by these terms and conditions or other documents pursuant to paragraph II of these terms and conditions shall be governed by:

 

- if the Buyer is an entity under the law of the Czech Republic: the relevant generally binding legal regulations, i.e. especially Act No. 89/2012 Coll., Civil Code, as amended;

- if the Buyer is a foreign entity: the UN Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980 (United Nations Convention on contracts for the international sale of goods, Vienna, 1980/04/11).

 

Any disputes arising between Beghelli-Elplast and the Buyer that are not settled amicably shall be heard and finally decided before a court of competent jurisdiction in the Czech Republic.

 

Warning:

These General Terms and Conditions are continuously updated and their current version is available on the company's website. The binding and currently valid General Terms and Conditions will be sent to you together with the business documentation or the contract or will be sent to you upon request.

The Company's products are manufactured in accordance with the relevant safety regulations, in particular Act No. 22/1997 Coll. on Technical Requirements for Products, Government Regulation No. 118/2016 Coll. on the assessment of conformity of electrical equipment intended for use within certain voltage limits when placed on the market (Directive 2014/35/EU of the European Parliament and of the Council) and Government Regulation No. 117/2016 Coll. on the assessment of the conformity of products with regard to electromagnetic compatibility when placed on the market (Regulation 2014/30/EU of the European Parliament and of the Council), all as amended. The CE marking affixed to products, packaging or instructions for use indicates conformity with the above regulations.

 

The Beghelli-Elplast technical archive holds all documentation proving that the product has been subjected to tests to demonstrate conformity. This documentation is available to the competent authorities for inspection.

 

In Brno, 1 June 2025

 

BEGHELLI - ELPLAST,a.s.

Elišky Junkové 798/6, 642 00 Brno, Czech Republic

Tel: +420 531 014 111

E-mail: beghelli@beghelli.cz, www.beghelli.cz