General Terms and Conditions

Strážnice plant: Za Drahou 1856 696 62 Strážnice Tel.: +420 518 399 588 E-mail: straznice@gumex.cz	Brno plant: Kaštanová 125d 620 00 Brno Tel.: +420 518 399 588 E-mail: brno@gumex.cz
Praha plant: Sezemická 2885/6 193 00 Praha 9 - Horní Počernice Tel.: +420 518 399 588 E-mail: praha@gumex.cz	Hradec Králové plant: Na Brně 1972 500 06, Hradec Králové Tel.: +420 518 399 588 E-mail: hradec@gumex.cz
Plzeň plant: Folmavská 1313/14a 301 00 Plzeň Tel.: +420 518 399 588 E-mail: plzen@gumex.cz

1.4. Who You Are. Our buyers and/or customers (hereinafter referred to as “the customer” or “you”) may only be business entities as defined by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”). We enter into any contracts solely with you as an entity acting within the scope of your commercial or other business activities.

1.5. Relationship of the GTC to Contracts. These GTC form an integral part of every purchase contract or contract for work (hereinafter collectively referred to as the “Contract”). Any provisions in the Contract that differ from these GTC shall take precedence over these GTC.

1.6. Conflict Between Our GTC and Your General Terms and Conditions or Other Terms. Our GTC always take precedence. If your documents contain provisions that differ from our GTC, we consider them invalid. Other rules (e.g., your terms of purchase) will become binding for us only if we expressly state in writing in a specific contract that they take precedence over our GTC.

1.7. Language of the Contract and the GTC. The contract is concluded in the Czech language. If the contract or the GTC are also translated into another language, the Czech-language version shall prevail in the event of a dispute regarding interpretation.

2. PURCHASE CONTRACT

2.1. These rules apply exclusively to the purchase of our standard in-stock goods and services—e.g., processing, modification, and installation of goods that do not constitute a “work” as per the Civil Code (hereinafter referred to as “goods”). Specific rules set forth in Article 3 of the GTC apply to the services we provide (in particular, custom-made production) that constitute a “work” as per the Civil Code.

2.2. Inquiry: If you cannot find the goods in our e-shop or wish to inquire about their availability by another method specified in Section 2.4 of the GTC, you may submit a non-binding inquiry to us before placing a binding order for the goods. An inquiry does not constitute a binding offer to enter into a contract and does not create an obligation to enter into a purchase contract on either our part or yours. The contract is concluded only upon confirmation of your binding order in accordance with Section 2.7 of the GTC.

2.3. Response to Your Inquiry: Based on your inquiry, we will provide you with the requested information—such as details on product availability, price, and estimated delivery date—or we may request additional information from you so that you can decide whether to place a binding order for goods and services.

2.4. Methods of Ordering: You may order goods from us in the following ways:

a) in person at the address of any of our business locations;

b) by written order sent to the address of any of our business locations;

c) by e-mail to: gumex@gumex.cz or by e-mail of the specific sales department employee with whom you are communicating

d) via the e-shop at www.gumex.cz;

e) by phone: +420 518 399 588.

2.5. Order Essentials. Your order is valid and complete if it contains (does not apply to a one-time purchase directly at the shop without prior order):

a) Your identification:

• name of the entrepreneur/business company;
• registered office;
• company ID number;

b) What you order:

• the exact specification of the goods ordered and the services related to the goods;
• quantity of ordered goods;
• the purchase price of goods and services (if we have communicated it to you on the basis of your inquiry pursuant to par. 2.2 GTC);

c) Delivery of goods:

• the required delivery date;
• place of delivery;
• the method of delivery;

d) Your contact details:

• the name and surname of the contact person;
• e-mail;
• phone.

2.6. Incomplete Order. If your order does not contain all the essentials according to par. 2.5 GTC, we are not obliged to confirm it and we may invite you to complete it. If, despite the incompleteness of the order (which indicates that you are willing to conclude a contract within the meaning of Section 1732 (1) of the Civil Code), we confirm its receipt pursuant to Section 1732 (1) of the Civil Code. 2.7 GTC, the missing data is supplemented from our previous communication or from our established practice or business practices for the given type of goods and services. This does not affect the validity of the contract concluded in this way and you are not entitled to rely on the incompleteness of your own order as a reason for the invalidity of the contract or its non-bindingness.

2.7. Conclusion of the Purchase Contract. Your order is a proposal to conclude a purchase contract. Please note that the catalogue display of goods (including the e-shop) is not a legally binding offer within the meaning of Section 1732 of the Civil Code. The purchase contract is concluded at the moment when we confirm the receipt of the order in writing. This confirmation also includes the final price of the goods, including Shipping and Packaging Costs. Our written confirmation is decisive for the content of the concluded contract. The provisions of Section 1740 par. 3 of the Civil Code shall not apply, not even by analogy. If our confirmation contains significant deviations or additions to your order, the contract is concluded in the wording of our confirmation, unless you inform in writing no later than 2 working days after its delivery that you do not agree with this wording. In this case, the contract is not concluded.

2.8. Specific Requirements for Documentation for Goods and Services. If you require any additional documentation for the goods or services supplied that is not included within our legal obligations to deliver the goods (typically specific declarations, certificates, test reports, etc.), you must state this requirement in writing in your inquiry so that we can evaluate these requirements in the price. We are not obliged to comply with a request made after your order has been shipped. Failure to provide documentation in the event that it is not expressly agreed to will not be a defect of performance on our part and the last sentence of the provisions in Section 2099 (1) of the Civil Code will not be applied, even by analogy, to our performance.

2.9. Confirmation of Familiarization with the GTC. By placing an order, you confirm that you have read these GTC and that you agree with them in the version valid and effective at the time of acceptance of the offer.

2.10. Minimum Quantity of Goods. For some goods kept in stock, the minimum quantity may be limited due to the nature of the product. When purchasing such goods, we will consult the supplied quantity with you as part of the solution of your specific case.

2.11. Binding Nature of the Purchase Price and the Possibility of Discount. The price of the goods is agreed upon by concluding a purchase contract. The prices of the goods that we list on our e-shop are binding, except in the case of:

a) obvious errors within the meaning of 2.18 of the GTC;

b) a significant increase in the price of input materials or other costs for our performance of the purchase contract (in particular changes in the exchange rate of the Czech crown against the relevant foreign currency announced by the Czech National Bank by more than 5% compared to the exchange rate valid on the date of the order deliver. If the exchange rate is not announced on that day, the last rate announced before the date of your order delivery is decisive) for reasons that we could not reasonably foresee or influence, which occurred between the delivery of your order and the conclusion of the purchase contract. In this case, the price listed on the e-shop or catalogue is not binding and we will inform you of the adjusted price. If there is a significant increase in such costs (in particular, a change in the exchange rate of the Czech crown against the relevant foreign currency announced by the Czech National Bank by more than 5% compared to the exchange rate valid on the date of conclusion of the contract; if the exchange rate is not announced on this day, the last exchange rate announced before the date of conclusion of the contract is decisive) only after the conclusion of the purchase contract, we are entitled to adjust the purchase price accordingly. We will inform you about the modification and its reason without undue delay and you have the option to withdraw from the purchase contract within 5 days from the date of delivering the information about the price change;

c) If you are ordering goods for which the product description on our e-shop states that the price may increase due to cutting to a non-standard length or other modifications. We reserve the right to increase the price of goods by up to 20%. We will inform you in advance about the final price, and you have the option to withdraw from the purchase contract within 5 days from the date of delivering the information about the price change;

d) goods that are intended for further resale, which can be subject to a commercial discount. To arrange this discount, please contact our sales department using the contact details provided in 1.3 of the GTC;

e) possible discounts for wholesale customers and sellers, which we can negotiate upon a personal meeting.

2.12. Special Prices. Special prices listed in the e-shop are always valid until stocks of promotional goods are sold out or for a period determined by us.

2.13. Value Added Tax and the Cost of Packaging and Shipping Goods. We always add value added tax ("VAT") at the current statutory rate to the purchase price of the goods. In addition, we charge costs associated with packing, insurance and delivery of goods (hereinafter referred to as "Shipping and Packaging Costs") with the exception of personal collection of goods at our premises, where we charge costs associated with the packaging of goods and handling of goods. More detailed conditions and a price list of Shipping and Packaging Costs can be found in Article 8 of the GTC.

2.14. Purchase Price Specification. Before completing your order in the e-shop, you have the opportunity to get acquainted with the total price, i.e. the price of the goods, VAT and Shipping and Packaging costs. This total price will be stated in the confirmation of the conclusion of the purchase contract.

2.15. Handling Fee. When purchasing goods directly at our premises, we charge a handling fee of CZK 200 without VAT if the value of the purchase is less than CZK 1,500 without VAT. We will not charge you a handling fee if:

a) you have ordered the goods online in the e-shop and you only pick them up at the premises (personal collection of the e-shop order);

b) your total purchase of goods and services in the last 12 months from the conclusion of the purchase contract exceeded the amount of CZK 50,000 excluding VAT or we specify so in the terms and conditions of the Programme (see Art. 6 of the GTC).

2.16. Change of Parameters. Prices and technical parameters of goods may change and vary from order to order.

2.17. Changes and Cancellations of the Purchase Contract and Order. The concluded purchase contract may be changed or cancelled only on the basis of our mutual written agreement. This is without prejudice to our right to unilateral price change under the conditions set out in par. 2.11 and to unilaterally amend these GTC pursuant to par. 15.2 GTC. We reserve the right, beyond the scope of legal reasons, to refuse an order or to withdraw from the concluded contract or to terminate it without notice in the event that:

a) the ordered goods are no longer produced or delivered,

b) after concluding the purchase contract, we have adjusted the purchase price in accordance with par.2.11 b) (increase in input costs or a change in the exchange rate unfavourable to us) and you do not accept the purchase price adjusted in this way;

c) you have not properly fulfilled your contractual obligations in the previous business relationship (repeat order);

d) you do not accept the minimum quantity of goods according to par. 2.10 GTC;

e) you will be at least 30 days behind payment of any price, payment or even part thereof;

f) you are at least 7 days in delay in providing the required cooperation or if you repeatedly (at least 2 times) thwart the proper performance of the contract;

g) the situation in par.2.18;

h) insolvency proceedings is opened against you.

If you have already paid us the purchase price (or part of it), we will refund this amount to you without undue delay.

2.18. Our Right to Withdraw from the Purchase Contract in the Event of an Obvious Error in the Price. Even if we always try to keep the prices right, it may exceptionally happen that there is an obvious error in the purchase price of goods in a catalogue or e-shop (e.g. the price is extremely low, lacking a digit, or is in the wrong currency). In this case, we are not obliged to deliver the goods to you at this obviously erroneous price. If a contract with an incorrect price has already been concluded, we have the right to withdraw from such a contract until we physically hand over the goods to you. If we find an error, we will notify you immediately. We will offer you the delivery of goods at the right price, or the option to cancel your order.

2.19. Transfer of Ownership and Risk of Damage. Title to the goods passes to you upon full payment of the price of the goods, including the Shipping and Packaging Costs. The risk of damage to the goods passes to you at the moment of handing them over.

2.20. Other Arrangements. The provisions of these GTC that do not expressly apply to the Contract for Work shall apply to the Purchase Contract, unless otherwise agreed between us.

2.21. Individual Terms and Conditions of the Purchase Contract. The provisions of this article do not limit our ability to negotiate a purchase contract with you on individual price and other terms.

3. CONTRACT FOR WORK

3.1. This article applies exclusively to custom production, i.e. to goods that we process, modify, install, manufacture or otherwise tailor for you according to your requirements, and to other services that do not constitute the purchase of goods (hereinafter referred to as the "work"). The rules in Article 2 of the GTC apply to the purchase of standard stock goods .

3.2. Inquiry: If you do not find the design of the work you are looking for in our e-shop, you can make a non-binding inquiry with us before you place a binding order for the work, in the same way as when ordering in par. 3.4 GTC. Based on your inquiry, we will provide you with information on the price, expected delivery date and other information you request. The inquiry is not a binding proposal to conclude a contract and does not establish an obligation to conclude a contract for work on our side or on your side. The contract is concluded only upon confirmation of your binding order in accordance with Section 3.7 of the GTC.

3.3. Response to Your Inquiry: Based on your inquiry, we will provide you with the requested information, such as material availability, price and expected delivery date, or request additional information from you so that you can decide to place a binding order for the work.

3.4. Methods of Ordering. You can order a work from us as follows:

a) in person at the address of any of our business locations;

b) by a written order sent to the address of any of our premises;

c) by e-mail to: gumex@gumex.cz, or by e-mail of the specific sales department employee with whom you are communicating;

d) via the e-shop at www.gumex.cz;

e) by phone: +420 518 399 588.

3.5. Order Essentials. Your order is valid and complete if it contains in particular (does not apply to a one-time purchase directly at the premises without prior order):

a) Your identification:

• name of the entrepreneur/business company;
• registered office;
• company ID number;

b) What you order:

• description of the required work (specifications, dimensions, material, quantity);

c) Delivery of the work:

• the required delivery date;
• place of delivery;
• the method of delivery;

d) Your contact details:

• the name and surname of the contact person;
• e-mail;
• phone.

3.6. Incomplete order. If your order does not contain all the essentials according to par. 3.5 GTC, we are not obliged to confirm it and we may invite you to complete it. If, despite the incompleteness of the order (from which it is clear that you are willing to conclude a contract within the meaning of Section 1732 (1) of the Civil Code), we confirm its receipt pursuant to Section 1732 (1) of the Civil Code. 3.7 GTC, the missing data will be completed from our previous communication or from our established practice or business practices for the given type of work. This does not affect the validity of the contract concluded in this way and you are not entitled to rely on the incompleteness of your own order as a reason for the invalidity of the contract or its non-bindingness.

3.7. Conclusion of a Contract for Work. Your order is a proposal to conclude a contract for work. The contract for work is concluded at the moment when we confirm the receipt of the order in writing. This confirmation also includes the price of the work, including the Shipping and Packaging Costs. Our written confirmation is decisive for the content of the concluded contract. The provisions of Section 1740 par. 3 of the Civil Code shall not be used, not even by analogy. If our confirmation contains significant deviations or additions to your order, the contract is concluded in the wording of our confirmation, unless you inform in writing no later than 2 working days after its delivery that you do not agree with this wording. In this case, the contract is not concluded. If the approval of the final technical specification or drawing documentation is required for the work, we are not obliged to start the performance of the contract without this approval.

3.8. Special Requirements for the Documentation for Work. If you require any additional documentation for the delivered part that exceeds our legal obligations to deliver (typically specific declarations, certificates, test reports, etc.), you must state this requirement in writing in your inquiry so we can evaluate these requirements in the price. We are not obliged to comply with a request made after the order has been sent or after the conclusion of the contract. You further acknowledge that we may charge a reasonable fee for arranging and providing such supplemental documentation. Failure to provide documentation in the event that it is not expressly agreed to will not be a defect of performance on our part and the last sentence of the provisions in Section 2099 (1) of the Civil Code will not be applied, even by analogy, to our performance.

3.9. Technical Specifications and your Documents. If you provide us with technical specifications, a drawing or other document that you provide to us for the purpose of carrying out the work, you are obliged to ensure that these documents are correct, complete and up-to-date. If we find that the work cannot be properly performed due to the unsuitability of the item you have supplied to us or due to a clearly inappropriate requirement for the work, we will suspend the work and call on you to make amends. Before starting production, we can provide you with a technical specification or drawing for approval. If we submit it to you, the commencement of the work implementation depends on your written approval of these documents (e-mail will also suffice). If the parameters you enter (e.g. tolerances) do not correspond to the material used or are not achievable by the selected technology, we will notify you of this discrepancy and suggest possible solutions. We will start the implementation of the work only after you have agreed to the modified parameters. If you insist on the original requirements and we cannot technically meet them, we are not obliged to carry out the work. You are responsible for the correctness and suitability of the parameters in terms of the intended use of the work. We are responsible for adhering to the parameters that we have jointly agreed in writing as technically feasible.

3.10. Work Created Based on a Sample. If we are to make the work solely on the basis of the sample you submit, we can keep the sample after the work is completed. Before starting production, we can provide you with a technical specification or drawing made on the basis of the sample for approval. If we submit the documentation for approval, the start of production depends on your written approval of these documents (e-mail will also suffice). The conformity of the work with the sample is assessed taking into account the tolerances according to Art. 9 of the GTC or agreed tolerances. If we have submitted to you a technical specification or a drawing created on the basis of a sample and you have agreed to these documents in writing, these agreed documents are decisive for the assessment of the work conformity and take precedence over the sample in the event of a discrepancy.

3.11. Responsibility for your Documents. You are fully responsible for the correctness and completeness of the samples, documents, drawings and specifications supplied by you. You represent and warrant to us that you own all necessary copyrights or appropriate licenses to such materials and that their use to produce the work does not infringe the rights of any third party. If we produce the work in accordance with the order you have agreed to and it subsequently turns out that the documents contained an error, we are not responsible for defects in the work that result from this error. If you revise your drawing documentation or other documents between orders, you are obliged to demonstrably inform us of this change before placing a new order. The revised documentation must be clearly distinguishable from the previous version (e.g. by changing the name, revision number or other identifier). If you do not meet this obligation, we produce according to the latest version of the documentation registered by us and we are not responsible for any discrepancies of the produced work with the version of the drawing that you have revised and failed to demonstrably communicate it to us. In this case, the costs of any repair or new production are at your expense. In the event that any third party makes a claim against us for infringement of their intellectual property rights in connection with your order, you undertake to indemnify us in full and reimburse us for all costs associated with this.

3.12. Confirmation of Familiarization with the GTC. By placing an order, you confirm that you have read these GTC and that you agree with them in the version valid and effective at the time of accepting the offer.

3.13. The Price of the Work and the Costs of Packaging and Shipping of Goods. The price of the work is agreed upon by concluding a contract for work and is based on the offer you have accepted. If the price of the work is determined according to the price stated in our catalogue or in the e-shop, this price is not binding until the conclusion of the contract for work. If there is a significant increase in input costs between the delivery of your order and the conclusion of the contract for work or a change in the exchange rate of the Czech crown against the relevant foreign currency announced by the Czech National Bank by more than 5% compared to the exchange rate valid on the day of delivery of your order (if the exchange rate is not announced on this day, the last exchange rate announced before the date of delivery of your order is decisive), for reasons that we could not reasonably predict or influence, we will provide you with an adjusted price. If, after the conclusion of the contract, there is a significant increase in the prices of materials or other input costs for the performance of the contract for work (in particular, an unfavourable change in the exchange rate of the Czech crown against the relevant foreign currency announced by the Czech National Bank by more than 5% compared to the exchange rate valid on the date of conclusion of the contract; if the exchange rate is not announced on this day, the last exchange rate announced before the date of conclusion of the contract is decisive), for reasons that we could not reasonably foresee or influence, we are entitled to adjust the price of the work accordingly. We will inform you about the price adjustment and its reason without undue delay and you have the option to withdraw from the contract for work within 5 days from the date of delivering the information about the price change. We always add VAT to the agreed price of the work at the current statutory rate. In addition to the price of the work, we also charge Shipping and Packaging Costs, with the exception of personal collection of goods at our premises, where we charge costs associated with the packaging of goods and handling of goods. More detailed conditions and a price list of Shipping and Packaging Costs can be found in Article 8 of the GTC.

3.14. Advance Payment. We are entitled to require an advance payment of up to 100% of the value of the entire work price. The advance payment is payable on the basis of an advance invoice issued by us before the commencement of the contract performance. Our deadline for the delivery of the work begins only on the day the advance payment is credited to the bank account specified on the invoice. During any delay in paying the advance payment, we are not in default with the performance of the contract. After the completion of the work, the advance payment will be offset against the final price of the work. This is without prejudice to our right to request higher advance payment in individual cases, or an advance payment in the amount of the full price of the work in advance.

3.15. Change Procedure. If, after concluding a contract for work, we find that changes or additions that were not reflected in the contract for work are necessary for the correct execution of the work (e.g. technological limits of the material, unrealistic tolerances or missing technical details), we have the right to initiate a change procedure to change the terms of the contract for work. We will inform you about the need to change the contract for work. A delay due to a change procedure does not constitute our delay in the performance of the contract for work.

3.16. Changes and Cancellation of the Contract for Work. The concluded contract for work may be changed or cancelled only on the basis of our mutual written agreement. This is without prejudice to our right to unilateral price change under the conditions set out in par. 3.13 and to unilaterally amend these GTC pursuant to par. 15.2 GTC. We reserve the right to refuse an order or, beyond the scope of legal reasons, to withdraw from the concluded contract or terminate it without notice in the event that:

a) the material necessary for the execution of the work is no longer produced or supplied;

b) after concluding the contract for work, we have adjusted the price of the work in accordance with par.3.13 (increase in input costs or unfavourable change in the exchange rate for us) and you do not accept such adjusted price of the work;

c) the work cannot be properly performed due to the unsuitability of the item you have supplied to us or due to a clearly inappropriate requirement for the work, and despite our call for amendment, you insist on the performance of the work unchanged;

d) You do not accept the changes proposed by us to the Contract for Work on the basis of the change procedure pursuant to par. 3.15 GTC, within 15 working days from the date of delivering the proposal;

e) you have not properly fulfilled your contractual obligations in the previous business relationship (repeated contract),

f) you are at least 30 days behind payment of any price, payment or even part thereof;

g) you are at least 7 days in delay in providing the required cooperation or if you repeatedly (at least 2 times) thwart the proper performance of the contract;

h) the situation in par. 3.17;

i) Insolvency proceedings are opened against you.

If you have already paid us the price of the work (or part of it), we will refund this amount to you without undue delay.

3.17. Our Right to Withdraw from the Contract for Work in the Event of an Obvious Error in the Price. Even if we always try to keep the prices right, it may exceptionally happen that there is an obvious error in the price of a work in a catalogue or e-shop (e.g. the price is extremely low, lacking a digit, or is listed in the wrong currency). In such a case, we are not obliged to deliver the work to you at this obviously erroneous price. If a contract with an incorrect price has already been concluded, we have the right to withdraw from such contract until we physically hand over the work to you. If we find an error, we will notify you immediately. We will offer you the delivery of the work at the right price, or the option to cancel the order.

3.18. Taking Over the Work. You are obliged to accept the work even if it shows insignificant defects that do not prevent common use. You will accept the work with or without reservations. You will always state your reservations (or defects) specifically and if they are justified, we will agree on a date when the defects will be removed. The work is also accepted if you refuse to accept the completed work or part thereof (if so agreed or it is obvious from the nature of the performance) without the work having defects preventing you to accept the work. After the work has been performed, you undertake, at our request, to confirm the receipt and completion of the work by signing a written protocol, without delay. The said protocol or other handover protocol is always considered by the Contracting Parties only as evidence or confirmation of the handover, acceptance and performance of the work and is not a substantive condition for the proper handover, acceptance and performance of the work, unless it is expressly agreed by the Contracting Parties in a specific case.

3.19. Transfer of Ownership and Risk of Damage. The ownership of the work is transferred to you upon its handover if the price of the work, including the Shipping and Packaging Costs, has been paid in advance or upon full payment of the price of the work, including the Shipping and Packaging Costs. The risk of damage to the work passes to you at the moment of its handover.

3.20. Other Arrangements. The Provisions of these GTC that do not Expressly Apply to the Purchase Contract shall apply to the Contract for Work, unless otherwise agreed between us.

3.21. Individual Terms and Conditions of the Contract for Work. The provision of this article does not limit our ability to negotiate a contract for work with you on individual price and other terms.

4. THE OBLIGATION OF YOUR COOPERATION

4.1. Cooperation. You are obliged to actively provide us with the necessary cooperation in the performance of the contract within the period specified by us, in particular to actively communicate with us, to deliver the required documents and materials in a timely manner, or to allow entry to the place of performance or to another place, if necessary, due to the nature of the performance.

4.2. Costs for the Provision of Cooperation. For the avoidance of doubt, you are not entitled to any reimbursement of costs or potential damages related to the provision of cooperation, in particular you are not entitled to compensation for employee downtime, restrictions on the client's operation, communication costs or other costs.

4.3. Consequences of Lack of Cooperation. If you do not provide us with the necessary cooperation properly and in a timely manner or if you do not ensure the agreed construction, technical or organizational readiness (in particular the readiness of the place of performance or assembly, the availability of equipment or the removal of obstacles preventing performance) and if we incur additional costs or additional work as a result, we are entitled to bill you for the additional costs and additional work reasonably incurred and adjust the price of the goods or work accordingly. We will inform you of such modification and its reason without undue delay.

4.4. The Impact of Lack of Cooperation on Deadlines. For the period during which you do not provide the necessary cooperation or the agreed readiness according to the previous paragraph is not ensured, we are not in default with the performance and the agreed deadlines (in particular the deadlines for the delivery of the goods or the execution and handover of the work) are extended by the duration of this obstacle and by the time necessary to resume the performance.

5. PAYMENT TERMS, CONSEQUENCES OF LATE PAYMENT AND SET-OFF

5.1. VAT. We are VAT payers.

5.2. Payment Methods. The price can be paid:

a) in cash or by credit card when accepting the goods or work at the premises;

b) by credit card or bank transfer online through a payment gateway;

c) payment order (bank transfer);

d) cash on delivery.

5.3. Handover of Documents. Together with the tax document (invoice), we will also provide you with documents related to the goods or any parts thereof (declaration of conformity, certificates, warranty card, etc.), if we are obliged to deliver them.

5.4. Invoice Due Date. When paying by payment order, we will send you an invoice by post, e-mail or hand it over together with the delivery of the goods or the handover of the work. The invoice is due within 10 days of its issuance, unless otherwise agreed. We reserve the right to demand payment of the price even before the delivery of the goods or the handover of the work.

5.5. Late Payment. If you are in arrears with the payment of an invoice, we have the right to demand default interest of 0.1% of the amount owed for each day of delay.

5.6. Reimbursement of Recovery Costs. In the event of your default in payment, you undertake to reimburse us for all reasonably incurred costs associated with the recovery of our claim (in particular the real costs of legal representation, administrative costs associated with reminders and fees to third parties for collection), whether in court or out of court.

5.7. Contractual Penalty for Failure to Accept Goods or Works. If you unreasonably refuse to accept the ordered goods or completed work, or otherwise prevent us from fulfilling our obligation to you (e.g. you do not allow us access to the place where the goods or work are to be installed), you undertake to pay us a contractual penalty of 10% of the performance price. This fine is used to cover our costs for unnecessary handling and storage of the order. The payment of the contractual penalty does not affect our right to compensation in full.

5.8. Set-off of Receivables. We have the right to unilaterally set off any of our claims against you against your claims against us, but you are not entitled to unilaterally set off your claims against us (e.g. claims for discounts or contractual penalties) or assign them to third parties without our prior written consent.

6. GUMEX+ CUSTOMER PROGRAM

6.1. Participants. If you create a customer registration (customer account) with us, you automatically become a participant in our GUMEX+ customer program (hereinafter referred to as the "Program").

6.2. Advantages. As a participant in the Program, you receive the benefits that we set out, in particular discounts, services and other benefits. The benefits are governed by the current rules of the Program.

6.3. Current Conditions. Detailed and up-to-date terms and conditions of the Program are always published on our website at https://www.gumex.cz/sekce/vse-o-nakupu/zakaznicky-program-gumex-229. We are entitled to unilaterally change the terms of the Program or terminate the Program at any time.

6.4. Limitation of Entitlement. Participation in the Program does not constitute a legal entitlement to the provision of benefits. We may limit, change, or cancel the Benefits at any time.

6.5. Personal Information. We process the personal data of the Program participants in accordance with the law and the Privacy Policy, which is available on our website.

6.6. The Relationship Between the Program and the GTC. In the event that the Programme Rules stipulate more favourable conditions for the Participant than those resulting from these GTC (in particular in the area of prices, maturity, transport and order processing), the Programme Rules shall take precedence for the Participant. Other provisions of the GTC remain unaffected.

7. DELIVERY CONDITIONS

7.1. Place and Date of Delivery. The place of delivery is the address specified in your order. The delivery date is based on your requirements and our current capacities.

7.2. Sub-order. Partial deliveries are permissible, unless otherwise agreed in the contract.

7.3. Delivery Deadline. The delivery deadline is reasonably extended in the event of delay for reasons on your part or on the part of the manufacturer of the goods, as well as for other unforeseeable reasons beyond our control. We will inform you accordingly of such a situation and you are not entitled to claim penalties for delay.

7.4. Your Delay in the Delivery of the Goods or Work. If the delivery is delayed for reasons on your part, we are entitled to use the subject of performance in another way and deliver the replacement goods to you within a reasonably extended period of time, together with the accounting of storage costs. We will not exercise this right if you have supplied an item to which you have the right of ownership for the production of the work.

7.5. Inspection of the Delivery Upon Receipt. We recommend that you check the status of the delivery with the carrier immediately upon the delivery of the goods and works according to the attached delivery note. If the delivery is incomplete or damaged, you are entitled to refuse to accept it, unless you arrange for shipping by your own carrier. If you accept a damaged shipment, describe the damage in the carrier's handover protocol and let us know this fact immediately. If you do not notify us of the obvious damage or incompleteness of the shipment in this manner and promptly, the shipment will be deemed to have been properly delivered in respect of such obvious defects.

7.6. Own Carrier. If you arrange transport with your own carrier, it is necessary to specify the packing method with us in advance. In this case, we are not responsible for damage to the goods caused by a shipping company that we did not order. The goods are deemed to have been delivered at the moment of receipt by your chosen carrier.

7.7. Incoterms 2020. Unless otherwise agreed in advance, the delivery conditions are governed by the Incoterms 2020 system.

8. SHIPPING METHOD AND COST

8.1. Shipping. We leave the method of transport of goods or work to your choice. If you choose to have the transport of the work or goods carried out by us, you agree that we can leave the transport to our contracted partners, whereby the choice of a specific carrier and the associated protection of the goods or work during transport to the place of delivery are determined by us, unless we agree otherwise. Shipping and packaging costs are paid by you, according to the valid price list, unless we agree otherwise. Shipping and packaging costs are agreed upon by concluding a contract.

8.2. Specific Packaging. For your specific packaging and identification requirements, please provide us with the necessary specifications necessary to make an offer. We provide this service only on the basis of an approved price offer and must be agreed upon when ordering the goods or work. In these cases, you assume responsibility for any risks associated with the inappropriate use of the packaging method.

8.3. Bulky Goods. Some bulky goods or works cannot be transported by the standard shipping service and are only available for personal collection. For orders containing bulky goods or works, a surcharge is added to the shipping fee according to the price list.

8.4. Mode of Transport. We allow the following methods of delivery of goods or work:

a) Personal collection at GUMEX premises. You can pick up the goods or work at our establishment. We will confirm the date when the goods or work will be ready for personal collection.

b) Delivery of goods by GUMEX. We can offer you delivery by our own cars. The date of transport is agreed upon by agreement.

Shipping prices:

Order value without VAT in CZK		Shipping price without VAT in CZK
from	to
0.00	2 000.00	199.00
2 000.01	5 000.00	229.00
5 000.01	10 000.00	284.00
10 000.01	100 000.00	539.00
100 000.01		Individual

For orders containing bulky goods or work, a surcharge of CZK 799 excluding VAT is charged to the shipping fee, provided that the total value of the order does not exceed CZK 15,000 excluding VAT. This surcharge covers the increased costs for handling and transporting bulky goods.

Please note that some bulky goods or work cannot be transported by standard shipping service and are only available for personal collection.

c) Shipping service by an external carrier. The cost of shipping includes standard packaging of the shipment and is calculated based on the value of the order as follows:

Transport price without VAT in CZK		Order value without VAT in CZK
from	to
0.00	2 000.00	229.00
2 000.01	5 000.00	289.00
5 000.01	10 000.00	399.00
10 000.01	40 000.00	649.00
40 000.01	100 000.00	1 009.00
100 000.01	140 000.00	2 599.00
140 000.01	170 000.00	3 699.00
170 000.01		Individual

For orders containing bulky goods or work, a surcharge of CZK 1,599 excluding VAT is charged to the shipping fee, if the total value of the order does not exceed CZK 15,000 excluding VAT. This surcharge covers the increased costs for handling and transporting bulky goods.

Please note that some bulky goods or work cannot be transported by standard shipping service and are only available for personal collection.

d) Pick-up points – PPL Parcel Smart CZ and DPD Pickup (pick-up points and pick-up boxes CZ). This method of delivery is automatically offered for non-bulky goods and exclusively when ordering through our e-shop, provided that the order meets the parameters of the carrier. If the goods are in stock, they are usually shipped the next working day after the order is received. This method of delivery can only be used for the complete delivery of the order, i.e. it does not allow you to divide the shipments of an already created order into items that are out of stock. The shipping cost includes standard packaging of the shipment and delivery to a pick-up point or pick-up box (self-service box).

Order value without VAT in CZK		Transport price without VAT in CZK
from	to
0.00	100 000.00	59.00

Please note that some bulky goods or work cannot be transported by standard shipping service and are only available for personal collection.

e) Individual Shipping Arrangements. For shipments with specific requirements (e.g. specific packaging, pick-up by own carriers, delivery outside the Czech Republic, bulky goods, etc.), please contact our customer line. In these cases, we will inform you about the price in the form of an offer, the acceptance of which forms an integral part of the conclusion of the contract.

9. TOLERANCE

9.1. In order for the products (goods and work) to fulfil the required function and to guarantee their reliable operation, they must be manufactured to a certain precision. Accuracy is expressed by the so-called (permissible) production deviation, often called "tolerance". If the actual size of the product is within the so-called tolerance field, it is correctly manufactured. By default, tolerance fields are specified in the drawing documentation. If you do not specify any tolerances, you are deemed to agree to the tolerances defined below:

Product	Parameter	Tolerance
Hoses 1), Protectors, Conveyor Belts, Foils	Total length	+/- 2 % (as per ISO EN 853–857)
Profiles	Total quantity	+/-10 % 2)
Hose assemblies (with terminals)	Total length	+/- 3 %
Shaped product	Length dimension	+/- 3% for foam and microporous materials. According to ČSN ISO 2768-1 "C" for compact materials, dimensions over 1,000 mm, tolerance field +/- 1 % 3)
Rubber rolls	Roll width and length	+/- 2 %
Compact rubber profile	Profile dimension in section	Tolerance of profile dimensions in cross-section according to ISO 3302-E2 as standard
Microporous rubber profile	Profile dimension in cross-section	Tolerance of profile dimensions in cross-section according to ISO 3302-E3 as standard
rubber blades for blades	Length dimension	+/- 3.5% of the given dimension
Hardy discs	Length dimension	up to 100 mm +/- 2.5 mm; over 100 mm +/- 2.5 % of the given dimension

¹⁾ The length of hoses that are flexible is always measured in the stretched state.

²⁾ A difference in the total quantity of ordered and physically delivered goods of up to 10% is permissible and cannot be the subject of a complaint. Invoicing is based on the actual quantity delivered.

³⁾ The accuracy of the technologies used (plotter, waterjet and machine tool) is approx. +/-0.2 mm. However, this accuracy does not take into account other factors such as the type and homogeneity of the material to be cut, its thickness, thermal expansion, etc. In addition, the roughness of the cut can be affected by the cutting speed, the type of knife used, etc.

9.2. Dimensions that are not completed within our production are governed by the tolerances declared by our supplier of the input material. Tolerances are available upon your request.

9.3. In the case of shaped products, the thickness tolerance of the parts is also defined by the supplier of the input material. Tolerances are available upon your request.

9.4. Unless otherwise agreed in writing, the hardness tolerance for the products sold (goods and work) is +/- 10% of the nominal value.

10. COMPLAINTS

10.1. Inspection of Goods and Works. You are obliged to inspect the goods or work as soon as possible and check their properties and quantity. If defects in the goods or work become apparent after receipt, you have the right to file a complaint with us. Notify us of any defects immediately by filling out the online form on our website or at any plant.

10.2. Deadline for Claiming Defects. You are obliged to claim potential defects no later than 6 months after acceptance or delivery of the goods or work. We do not provide a warranty period beyond the scope of statutory provisions, unless a specific contract expressly stipulates otherwise.

10.3. Requirements of the complaint. When making a complaint, you are obliged to state in particular:

a) the company ID number and the operating plant for which you purchased the goods or work;

b) the order number (for the work, the number of the offer/contract for work) and the date of delivery or handover;

c) the type and quantity of the claimed goods or a description of the claimed part of the work;

d) the reason for the complaint, including a description of the defect. Only the part of the goods or work that you deliver to us within the complaint procedure, or in the case of a work that cannot be physically delivered, the part of the work that you properly identify and allow us to inspect becomes the subject of the complaint. If you return to us only a part of the delivered goods or work, the unreturned part will be deemed to have been delivered in perfect condition, unless otherwise agreed.

10.4. Exclusion of liability for defects. We are not responsible for defects in goods or work if:

a) you were aware of the defect at the time of handover and still accepted the goods or work;

b) the defect was caused by you yourself (by use contrary to the instructions, inappropriate storage, improper installation, excessive load, etc.);

c) a discount on the price was provided for the defect;

d) the defect has arisen as a result of wear and tear due to common use or at the end of its service life;

e) the defect was caused by the intervention of an unauthorized person on the goods, work or parts thereof;

f) in the case of a work: the defect arose as a result of an error in the documents, drawings or specifications supplied and approved by you, see par. 3.11 GTC;

g) In the case of the work: The defect arose from the unsuitability of the item you handed over to us for processing, and we have warned you of this unsuitability.

10.5. Settlement Deadline. We will settle the complaint within 60 days from the date of its filing and notify you of the result by e-mail. In the case of a work for which a professional examination, expert opinion or laboratory test is required to assess the defect, this period is reasonably extended by the time necessary to complete such action, of which we will inform you.

10.6. Insignificant Breach of Contract. You have the right to:

a) removal of the defect (in the case of goods, by delivery of functional goods or repair; in the case of work, by repair or completion of the work), or

b) a reasonable discount on the price.

10.7. Significant Breach of Contract. A significant breach of contract is when we already knew or should have known at the time of concluding the contract that you would not have entered into the contract if you had foreseen such a breach (defect). In other cases, the infringement is deemed to be irrelevant. You are entitled to one of the following options:

a) removal of the defect by delivery of new or missing goods, or in the case of the work by re-production of the defective part of the work;

b) elimination of the defect by repair;

c) a reasonable price discount;

d) withdrawal from the contract.

10.8. Special Provisions for Goods and Works. In the case of goods or work, a deviation that is within the tolerance limits pursuant to Article 9 of the GTC or a deviation resulting from the nature of the material used or the chosen technology is not considered a defect. In the case of a work completed on the basis of the documents supplied by you, it is also not possible to complain about the properties of the work that correspond to the technical specification you have agreed to. Deviations corresponding to the parameters declared by the manufacturer or stated in the product sheet cannot be claimed for the goods.

10.9. Colour Difference. The difference in shades of colour cannot be considered a defect due to the individual perception of colours. This does not apply if a specific colour according to the RAL colour chart is specified for the offered product or in the agreed specification of the work.

11. REPAIRS

11.1. Definition of the Repair. Repair includes a set of actions when a worn or damaged product (goods or work) is returned to a usable condition. The repair applies to products for which the deadline for claiming defects pursuant to Article 10 of the GTC has already expired, to products damaged as a result of your fault, as well as to products purchased from another retailer.

11.2. Repair order. You can order a repair from us as specified in Article 3 of the GTC. We will complete the repair based on our offer, which you accept. The provisions of the contract for work shall apply mutatis mutandis to the repair.

11.3. Delivery of Own Components. If you supply your own components for repair, you acknowledge that we do not provide any warranty for their quality and functionality. A complaint cannot be filed to this extent even in the case of later hidden defects.

11.4. Infeasibility of Repair. If the repair cannot be carried out for technical or other reasons, or if you withdraw from the contract, the product will only be restored to its original condition if technically possible. We have the right to demand reimbursement of the costs associated with this activity, even if repair is infeasible.

11.5. Disposal of Components. As part of the repair process, we undertake to dispose of the replaced defective components in an environmentally friendly manner at your expense, unless you request their return. You must request the return of defective components in writing (e-mail will suffice) at the latest when ordering the repair.

11.6. Exclusion of Indirect Damages. You acknowledge that we are not liable for any indirect costs incurred in connection with the repair of the product (such as lost profits, costs of downtime, replacement solutions, etc.). This is without prejudice to the general liability provisions in Article 13 of the GTC.

12. Return of purchased goods

12.1. Return of Catalogue Goods. We enable to return purchased standard catalogue (stock) goods under the conditions specified in this article. Returns are provided as a voluntary service beyond the legal obligations.

12.2. The Status of the Returned Goods. Items to be returned must be unused, complete, in their original packaging, and in a condition eligible for resale.

12.3. Deadline for Returns. Returns are possible within 30 days from the date of purchase (for goods delivered by the carrier from the date of delivery).

12.4. Return Fee. In the case of returning catalogue goods, we charge a fee of 20% of the sales price excluding VAT, unless otherwise stipulated in the terms of the Program for certain customers. In any case, you will reimburse us for the costs of returning the goods (transport and packaging) if we have incurred these costs (you did not arrange for the goods to be transported back to us yourself).

12.5. Return Procedure. Please notify us of your intention to return the goods in advance, preferably to the specific specialist listed on the invoice or delivery note (this will ensure direct communication); only if this is not possible, to the customer service line or by e-mail to gumex@gumex.cz. When you notify us of your intention to return the goods, specify the reason for returning the goods (returning the goods without giving a reason is not possible). We do not accept goods without prior notice. Together with the returned goods, please provide us with a copy of the invoice or delivery note. The cost of shipping the returned goods to us is borne by you.

12.6. Exclusion of Returning a Work, Custom-Made Goods and Non-Standard Goods. Please note that the following goods and work cannot be returned unless otherwise agreed in writing:

a) custom-made goods (pursuant to Article 2 of the GTC), which also applies to catalogue goods that have been shortened, modified, cut or otherwise processed as required;

b) goods that we do not normally keep in stock and purchase exclusively on the basis of your specific order (in particular non-standard dimensions, profiles, wall thicknesses or material designs of certain product lines). We will inform you that a particular item falls under this paragraph no later than in the order confirmation pursuant to par. 2.7 GTC;

c) work (pursuant to Article 3 of the GTC);

12.7. Goods Excluded from Returns. In addition to the work pursuant to par. 12.6 GTC, the goods below cannot be returned:

a) goods damaged, contaminated or used;

b) goods without their original packaging, where packaging is necessary to preserve their characteristics;

c) goods with features preventing the resale (e.g. precisely divided from non-standard dimensions, etc.).

12.8. Right to Refuse Return. We reserve the right to refuse to return the goods completely, especially in cases where the goods do not meet the conditions of par. 12.2 of the GTC and 12.3 of the GTC of this Article, or if the fee is pursuant to par. 12.4 GTC ineffective due to the low value of the returned goods.

12.9. Refund of the Purchase Price. The purchase price (after deducting the fee according to par. 12.4 GTC) will be refunded to you within 14 days of receipt and inspection of the returned goods, to the bank account from which the price was paid or to the account specified in your return request.

13. LIABILITY

13.1. We are not liable for any loss of business or profit, or for any indirect or consequential damage, non-pecuniary damage, or for any possible loss of saved information or data.

13.2. Circumstances excluding our liability (Art. 2913 (2) CC) are taken into account regardless of when they occur.

13.3. Limitation of Damage. We are liable to you for any damage, including non-pecuniary damage, for a maximum of all damage events up to the total aggregate amount of monetary performance received from you under the contract in the last 3 calendar months prior to the loss event, with the exception of the claim for damages and non-pecuniary damage caused intentionally or by gross negligence, where the claim for damages cannot be limited or waived before the breach of duty, from which damage may arise.

13.4. Discount Limitation. You can claim any possible discounts on the price or any agreed contractual penalties up to the agreed price for the performance from which the discount is requested or to which the contractual penalty is related.

13.5. Force Majeure. The circumstance of force majeure excludes a breach of our obligations and related sanctions or damages, while force majeure is considered to include all unforeseeable and beyond the control matters (e.g. natural disasters, floods, windstorms, icy conditions, interruption of the electrical or telecommunications network, cyber-attack, DDoS attack, epidemic, COVID-19 coronavirus disease, state of emergency, armed conflicts, including the conflict in Ukraine, terrorist attack, embargo, strikes, etc.), which we cannot overcome on our own.

14. GENERAL PROVISIONS

14.1. Legal Order Governing our Relations. All relations between us and you are governed by the laws of the Czech Republic and the application of the United Nations Vienna Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.2. Jurisdiction. All disputes between us and you arising from and in connection with contractual obligations, including obligations to compensate damages arising from a breach of obligations or for unjust enrichment, shall be decided before the court with substantive jurisdiction in the Czech Republic and the territorial jurisdiction of the court shall be determined according to our registered office, unless exclusive jurisdiction is provided by law.

14.3. Exclusion of Provisions. The Contracting Parties expressly agree that the provisions of Sections 1799, 1800 and 1805 (1) of the Civil Code shall not apply.

14.4. The Concurrence of the Contractual Penalty and the Right to Damages. Asserting our claim for any contractual penalty does not affect our right to full damages.

14.5. Consent to References. You agree that we may include you (or your brand, trade name or other designation) and performance for you in our references and in our promotion, only for the purpose of demonstrating our work, communicating that we have created work for you or that we otherwise work together.

14.6. Working days. Unless otherwise agreed in a particular case, working days are only Monday to Friday, except for public holidays, other holidays and other non-working days defined by Act No. 245/2000 Coll. on Public Holidays, Other Holidays, Important Days and Non-Working Days, as amended, and working hours are only hours on working days, from 9 a.m. to 5 p.m., depending on the time in the Czech Republic.

14.7. Assignment of Rights and Obligations. We conclude the contract directly with you and we pride ourselves on a correct relationship. Therefore, you may not sell, transfer or pledge any claim, right or claim you have against us (e.g., a claim for a refund, discount or damages) to anyone else without our prior written consent. This restriction does not apply to us. We are entitled to assign our receivables against you to a third party even without your consent.

14.8. The Right to Use Subcontractors. We have the right to entrust the performance to a third party (subcontractor) or to leave the performance to them.

15. FINAL PROVISIONS, EFFECTIVENESS AND AMENDMENTS TO THE GTC

15.1. Detailed specifications of goods and services are provided in our printed and interactive catalogue. The interactive catalogue contains standard and some other supplied types of goods, extended technical information about products compared to the printed version, and allows you to search for products by order code and selected parameters and easily verify the current price of goods (the website is updated every day).

15.2. We reserve the right to unilaterally change these GTC. We will notify you of the change by posting the new wording on our website in the "Terms and Conditions" section or in another appropriate way. If you have concluded a contract with us obliging you to perform repeatedly, you have the right to reject the change and terminate the contract for this reason within 14 days from the effective date of the changes. The notice period is 30 days and begins on the first day of the month following the delivery of the notice. The termination of the contract does not affect our right to receive payment for the performance already provided and to pay further payments under the GTC or a specific contract. The rights and obligations arising before the changes come into effect are governed by the original wording of the GTC.

15.3. In the event that the rights and obligations of the Contracting Parties specified in the GTC change directly as a result of a change in a legal regulation which must be reflected in concluded contracts, the former paragraph of the GTC shall not be followed; you will only be informed of such changes, possibly only by publishing the amended GTC on our website www.gumex.cz.

15.4. If any provision of the GTC or a specific contract proves to be invalid or ineffective after its conclusion or is not taken into account by law, this shall not affect the validity, effectiveness or legal integrity of the remaining provisions.

15.5. These GTC shall become effective as of 01.08.2026 and shall cease to be effective on the day the amended GTC become valid.