GENERAL TERMS AND CONDITIONS

of

AMC automotive, s.r.o.

Company ID No. 11928913, with its registered office at No. 19, 503 27 Radíkovice,

incorporated in the Companies Register kept by the Regional Court in Hradec Králové, Section C, Insert 48365

(hereinafter referred to as “Provider”)

  1. Within the scope of its business, the Provider (i.e. AMC automotive, s.r.o., Company ID No. 11928913, with its registered office at No. 19, 503 27 Radíkovice, incorporated in the Companies Register kept by the Regional Court in Hradec Králové, Section C, Insert 48365) is mainly engaged in the provision of services in the field of: modifications, alterations and conversions of vehicles; second stage manufacture of incomplete vehicles; approval of individually manufactured vehicles; import and approval of vehicles from China; vehicle conversions and category changes; approval of individually imported vehicles; truck bodies; extracts from technical data and certificates; provision of technical tests; approval of accessories for off-road vehicles; all changes to vehicles; administrative matters with respect to authorities; provision of MOTs, emission tests and technical inspections and Consultancy (hereinafter referred to as “Services”).

  2. These General Terms and Conditions (hereinafter referred to as “GTC”) of the Provider shall govern, in accordance with the provisions of Section 1751 et seq. of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as “CC”), mutual rights and obligations of the contracting parties arising under individual contracts for the provision of the above Services (hereinafter referred to as “Contract”) entered into between the Provider and other persons as customers (hereinafter referred to as “Customer”).

  3. According to the provisions of Section 419 CC, a consumer Customer shall mean any natural person who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, enters into a Contract with the Provider or otherwise deals with the Provider (natural persons only).

  4. The GTC shall be binding and shall form an integral part of the Contracts. By entering into the Contract, the Customer expresses their irrevocable consent to the wording of the GTC.

  5. In the event that the Contract differs from the GTC, the provisions of the Contract shall prevail over the different provisions of the GTC.

  6. Any different, additional or other general terms and conditions or any other terms and conditions of the Customer shall not be binding on the Provider and, if attached to the Contract in any form, shall not apply.

  7. The Provider may change the GTC at any time by publishing a new version of the GTC on its website available at: https://amc-automotive.eu (hereinafter referred to as “Website”).

  1. The Customer shall deliver the vehicle to the Provider’s premises at No. 19, 503 27 Radíkovice at their own expense. At the Provider’s premises, upon handover of the vehicle, a work order (hereinafter referred to as “WO”) shall be issued, which is a written order for the Services specified therein and, at the same time, the Contract (i.e. the Contract).

  2. In certain cases, it shall be also possible to sign the WO by means of distance communication (by e-mail) if the delivery of the vehicle to the Provider is not necessary for the provision of the Service requested by the Customer and the Provider is authorized to provide the Service without the possession of the vehicle. In such a case, the Contract is concluded when the signed WO (or a copy thereof) is delivered to the Provider by post to the address of its registered office or electronically to its e-mail address: [email protected].

  3. The Customer confirms by their signature on the WO that they are the owner, or the lessee or authorized user, of the vehicle which is the subject of the Service and, on that basis, are authorized or empowered to enter into the Contract in its entirety and without any further restrictions.

  4. By entering into the Contract, the Customer agrees to these GTC and declares that they have had the opportunity to read these GTC before entering into the Contract.

  5. The subject of the Contract is the Provider’s obligation to provide the Customer with the Services agreed in the WO and the Customer’s obligation to pay the Provider the agreed fee for the Service (the price of the Service).

  6. The Provider may require a reasonable advance payment before commencing the provision of the Service. If the Customer refuses to pay the advance to the Provider, the Provider shall be entitled to withdraw from the Contract. The Provider shall not be obliged to commence the provision of the Service until the required advance has been paid, and the time limit for performance of the Contract by the Provider shall be extended by the time between the conclusion of the Contract and the payment of the advance.

  7. The Provider may authorize another person to provide the Service or individual operations within the Service and the Customer, by signing the WO, gives the Provider their consent to the provision of the Service or individual operations within the Service by a third party, to test drives performed by the Provider or an authorized third party and to the transport of the vehicle from/to the premises of the authorized third party. Where the Service is provided by a person other than the Provider, the Provider shall be liable as if the Service was provided by the Provider itself. By signing the WO, the Customer agrees that the Provider may test drive the vehicle as necessary.

  8. The Customer agrees that any parts removed from the vehicle in the provision of the Service will be retained by the Provider.

  9. The Provider shall not be liable for any damage to the Customer’s belongings left in the vehicle, in particular any jewellery, money or other valuables, unless there is a written agreement between the Customer and the Provider for their safekeeping.

  1. The Provider shall charge the Customer for the Services provided upon collection of the vehicle. If the vehicle is not delivered to the Provider by the Customer for the purpose of the provision of the Services, the Provider shall charge the Customer for the price of the Services after the provision thereof and, at the same time, settle any advance payment received from the Customer. The price of the Services shall be payable in cash. If the Provider agrees to non-cash payment, the price of the Services shall be payable on the due date specified in the relevant invoice. In the case of non-cash payment, the invoiced price shall be deemed to be paid at the moment of its crediting to the Provider’s cash account.

  2. The Provider shall not be obliged to deliver the vehicle to the Customer until the price of the Service is paid in full.

  3. In accordance with Section 1395 CC, the Provider shall be entitled to retain the vehicle to secure its claims against the Customer.

  4. In the event of delay in payment, the Customer agrees to pay the Provider a contractual penalty of 3% of the amount due for each day of the delay. The payment of the contractual penalty shall be without prejudice to the Provider’s right to full compensation for damage even beyond the contractual penalty.

  5. If the Provider is to fulfil multiple obligations (provide multiple Services) to the Customer and the payment made by the Customer is insufficient to fulfil all the obligations, the principal of the Customer’s liabilities that are due first shall always be deemed paid, even if the Customer determines otherwise. Only once the principal of all Customer’s liabilities due has been paid, the default interest relating to the liabilities due first shall be deemed paid. However, the Provider may decide on a settlement of the Customer’s liabilities other than the one provided for in these GTC. The Provider may use (offset) the advance paid by the Customer to settle any of the Provider’s due claims against the Customer; in such a case, the Provider’s obligation to perform the Service for which the advance was paid shall cease. The Provider may also offset the advance against a Customer’s liability that is not yet due if it is evident that the Customer will not fulfil its payment obligation to the Provider or any part thereof.

  1. Unless otherwise agreed between the Customer and the Provider, the vehicle shall be collected by the Customer at the Provider’s premises where the vehicle was delivered by the Customer to the Provider for the provision of the Service.

  2. The Provider shall invite the Customer to collect the vehicle by e-mail, specifying the vehicle collection date. The Provider shall send the e-mail with the request to collect the vehicle and the collection date to the Customer’s e-mail address first specified in the Contract (or the WO) at least 2 working days before the date of collection. A final invoice for the price of the Service shall also be deemed an invitation to collect the vehicle. In such a case, the vehicle collection date shall be the due date stated in the invoice.

  3. The Customer shall provide the Provider with the assistance necessary to collect the vehicle and ensure the vehicle is collected by the Customer personally or by a person authorized by the Customer. In particular, the Customer shall ensure that, when collecting the vehicle, their employees or other persons acting on the Customer’s behalf by operation of law or on the basis of a power of attorney always provide a proper proof of their identity and other information necessary for identification purposes and present a written certificate or power of attorney authorizing them to act on the Customer’s behalf. If they fail to do so, the Customer cannot later claim that the vehicle was collected by a person who was not authorized to do so. If the vehicle is transported to a place designated by the Customer, the Customer shall ensure that a person authorized to act on the Customer’s behalf is present at that place.

  4. In the event of any delay by the Customer in collecting the vehicle, the Provider shall be entitled to claim payment of reasonable costs of vehicle storage; the Provider and the Customer agree that unless proven otherwise, those costs shall amount to CZK 300.00 net of VAT for each day of the delay by the Customer in collecting the vehicle. This shall be without prejudice to the Provider’s right to damages. If the Customer fails to collect the vehicle within three (3) months of the date on which they were requested by the Provider to collect the vehicle, the Provider shall have the right to sell the vehicle in an appropriate manner on behalf of the Customer. The Provider shall notify the Customer in advance of the intended sale provided that the Provider knows the Customer’s address, and allow the Customer an additional time to collect the vehicle, which, by agreement between the Provider and the Customer, does not need to be longer than ten days. If the uncollected vehicle is sold, the Provider shall pay the Customer the proceeds of the sale less the price of the Service, storage fee, penalties and costs of sale. The Customer must file a claim to the sale proceeds with the Provider. On the first day of the Customer’s delay in collecting the vehicle, the risk of damage to the vehicle shall pass to the Customer.

  5. The Vehicle shall be handed over on the basis of a handover certificate signed by both parties.

  1. This Article of the GTC shall apply only to Contracts concluded with a Customer who is a consumer within the meaning of Section 419 CC. In case of conflict with the other provisions of the GTC, this Article shall prevail.

  2. If the Contract is entered into by a consumer Customer, the rights arising from defects and the quality guarantee for the Service shall be governed by the relevant provisions of the CC, Act No. 634/1992 Sb., on consumer protection, as amended.

  3. The consumer Customer shall be entitled to out-of-court resolution of any dispute arising from the Contract in accordance with Section 20d et seq. of Act No. 634/1992 Sb., on consumer protection, as amended, by the Czech Trade Inspection Authority (www.coi.cz) (hereinafter referred to as “CTIA”).

  4. The out-of-court resolution of a consumer dispute shall be initiated on the application of the consumer Customer, which may be filed in particular in writing, by a recorded oral statement or electronically via the online form provided on the website of the CTIA not later than within one year of the date on which the consumer Customer first exercised their right which is the subject of the dispute, with the Provider.

  5. Before resorting to out-of-court dispute resolution, the consumer Customer shall first try to resolve the dispute directly with the Provider.

  6. Nothing in this Article shall preclude the consumer Customer from pursuing their claim in a court of competent jurisdiction.

  7. The contact details of the Seller are as follows:

    Name: AMC automotive, s.r.o.
    Company ID No.: 11928913
    Registered office: No. 19, 503 27 Radíkovice
    E-mail: [email protected]
    Tel.: +420 499 621 121

  1. The Provider shall be liable for any defect in the provided Service that is present when the Customer collects the vehicle and, unless the Customer is an entrepreneur, also for any defect that occurs within the warranty period after the vehicle has been collected following the provision of the Service.

  2. The rights and obligations of the Parties regarding the Provider’s liability for defects shall be governed by the relevant provisions of the CC and Act No. 634/1992 Sb., on consumer protection, as amended.

  3. The Provider shall not be liable for defects in the items delivered to the Provider by the Customer for the purpose of providing the Service or for defects caused as a result of the use of the items delivered to the Provider by the Customer for the purpose of providing the Service. In addition, the Provider shall not be liable for defects caused by compliance with inappropriate instructions given to it by the Customer provided that the Provider has advised the Customer of the inappropriateness of such instructions and the Customer has insisted on complying with them, or provided that the Provider could not have discovered the inappropriateness.

  4. The Customer shall be entitled to exercise the rights arising from liability for defects in the Service provided (hereinafter referred to as “complaint”) at any of the Provider’s premises where the receipt of the complaint is possible with regard to the nature of the Service provided, or at the Provider’s registered office.

  5. If the Customer is a consumer, the Provider shall decide on the complaint immediately after having properly examined it or, in more complex cases, within 3 days of the making of the complaint by the Customer. This time limit shall not include the time reasonable according to the type of the Service provided or necessary for expert examination of the defect. If the complaint is rejected, the Provider shall issue to the Customer a written justification for the rejection of the complaint and invite the Customer to collect the vehicle.

  6. If the Customer is a consumer, the complaint must be settled, and the defect remedied, without undue delay but not later than within 30 days of the date of making the complaint unless the Provider and the Customer agree on a longer period.

  7. Once the defect has been remedied, the Provider shall issue to the Customer who is not an entrepreneur a certificate of the date and manner in which the complaint has been dealt with.

  1. The Provider shall not be liable for any failure to perform an obligation under the Contract provided that the failure or delay has been caused by any obstacle which is beyond the control of the Provider and prevents the Provider from performing its obligations, and the obligated party cannot be reasonably expected to avert or overcome the obstacle or its consequences and, at the time the obligation arose, the obligated party could not have reasonably foreseen the obstacle (hereinafter referred to as “Force Majeure”).

  2. For the purposes of this contract, Force Majeure shall include in particular the following events and circumstances provided that they meet the conditions set out in the preceding paragraph:

    1. natural disasters, fires, earthquakes, landslides, floods, windstorms, frost, snowfall or other atmospheric disturbances and phenomena of significant magnitude, or

    2. wars, insurrections, riots, civil commotions or strikes, or

    3. decisions or legislative acts of public authorities, regulations, restrictions, bans or other interventions of the state, state administration or local government, in particular emergency measures taken by the competent ministries or the Government of the Czech Republic in connection with the pandemic caused by the new SARS-CoV-2 coronavirus (the so-called COVID-19), or

    4. interruption of or limitation on operations of the Vehicle manufacturer’s manufacturing or distribution facility, accident, explosion or other damage to the manufacturing or distribution facility.

  1. The Provider, as the controller of the personal data provided to it by the Customer on the basis of the concluded Contract or as part of the pre-contractual negotiations, agrees to process such personal data in accordance with legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. Further information and templates for exercising the rights related to the processing of personal data are available HERE.

  2. The Parties acknowledge that in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and in accordance with the provisions of Section 7(3) of Act No. 480/2004 Sb., on certain information society services, the Provider may send, without the Customer’s prior consent, commercial communications concerning Provider’s own identical or similar goods or services (in particular information about news and special offers) to the Customer’s e-mail address first specified in the Contract (or the WO).

  3. The Customer may refuse the sending of commercial offers referred to in the previous paragraph at any time by a message sent by e-mail to the Provider’s address: [email protected] or by post to the address of the Provider’s registered office.

  1. The Contract is concluded under the laws of the Czech Republic and, with respect to any matter not expressly provided for in the Contract, it shall be governed by Act No. 89/2012 Sb., the Civil Code, as amended, or Act No. 634/1992 Sb., on consumer protection, as amended.

  2. All disputes that may arise out of or in connection with the Contract shall be decided by the District Court in Hradec Králové (Czech Republic). In the event that district courts do not have the subject matter jurisdiction under the procedural law of the Czech Republic, the Regional Court in Hradec Králové (Czech Republic) shall have jurisdiction to hear the dispute.

  3. Any amendment to the Contract shall be in writing.

  4. No obligation under the Contract may be assigned to a third party without the consent of the other party.

  5. The Contract shall come into force and effect on the date of its signing by the last of the parties.

  6. The GTC shall come into force and effect on 1 March 2023.