General terms of trade stipulate main rules and principles of business relations between the company EMTEST, a.s., Bánovská cesta 7, 010 01 Žilina, CRN: 36427101, CRN VAT: Sk2021951943, Reg. entry in OR SR Žilina, part. Sa, file No. 10466/L (further supplier) and their customers (further purchaser) and is liable to the law system of the Commercial Code No. 513/1991 Coll. as amended.
All the provisions stated hereby are in force until it is written otherwise in any agreement closed between the supplier and purchaser.
These rules and principles are valid from 17. 11. 2006.

§ 1 Basic terms

1. The supplier is a registered company justified to conduct trade as alleged in the Trade Register.
2. The purchaser is a person or a corporate body that makes contract with the supplier.

§ 2 Ordering and delivering the goods

Ordering goods

1. Contract between purchaser and supplier is established by the supplier´s  registration in this internet trade and sending electronic order of the goods after  electronic confirmation.
2. By sending electronic order of the goods by the purchaser is meant repeated looking up the goods in the electronic catalogue on www.emtest-oem.com, selecting certain number of the goods and ordering them by pushing the button ORDER. It is vital to specify number of the ordered goods in the order, information about the purchaser: name and surname (name of the corporate body), address, telephone number, date of  take off, ways of payment and transport. The contract is closed and comes into force after the completion of selection and by pushing the button SHOW THE BASKET. Prices including reductions are valid and obligatory ad time and date of closing the contract.
3. Number of the ordered goods, any change in the ordered goods as well as cancelling can be carried out only by the supplier and only upon a phone call or an e-mail agreement with the purchaser.

Terms of payment

1. The supplier requires payment for the ordered goods by clearing in advance. The payment will be accomplished in compliance with a pro-form invoice issued by the supplier. The order is liable to the supplier immediately after crediting their account  with the stated sum. The invoice will be delivered to the purchaser together with the goods.  The supplier is a VAT payer.
2. The purchaser enters into engagement to pay all their receivables in adversum the supplier in terms stated in the pro-form invoice.

Terms of delivery and provision of goods

1. The supplier will spurt maximally to keep the declared terms of delivery. The goods will be delivered at intervals of 8 – 16 calendar weeks at the latest. Not available items will be registered by the supplier in order they will arrive and it is the right of the supplier to send them off in earlier date and time than stated hereby.
2. The goods will either be collected by the purchaser at the address of the location of the supplier or it will be expedited. The goods that will not be collected in propria persona can be posted C.O.D. at the purchaser´s expense. It is the duty of the purchaser to check quantity and type of the goods upon accepting them as subsequent claims will not be accepted. The supplier is not responsible for damage caused during transport.
3. Each item of goods bought in our internet shop is supplied with an invoice and a delivery note that serves as a certificate of warranty.

Dispatch price list

1. Goods may be collected in propria persona at the address of the location of the supplier, posted C.O.D. or sent by a courier in compliance with their actual price lists.

Goods acceptance

1. The purchaser enters into engagement to collect the ordered goods or part of them on the notified time and date announced either by the supplier or any authorised body. If the goods are not collected by the purchaser it will the  right of the  supplier to sell the goods to the third body or to store them at the purchaser´s expense. All the claims and loss caused to the supplier by delay will be the responsibility of the purchaser.
2. The purchaser becomes the sole owner of the goods after paying them off and collecting them.

§ 3 Prices and discounts

1. The list of goods and prices is available on the website of the supplier –
 www.emtest-oem.com. It is the right of the supplier to update the price list in  compliance with changes in exchange rates referring Sk to foreign currencies,  manufacturing schedules of the producers and all other influencing factors without any  duty to inform the purchaser in advance.
2. Bulk discount on the ordered goods is possible after agreement between the purchaser and the supplier.

§4 Claim letter

The claim letter stipulates rules and principles for application in respect of goods delivered by our company. No jus legitimum or any rights of the purchaser in adversum the supplier are restricted or excluded by this letter.

Warranted time

1. Only functional disorder caused by failure of any part of the apparatus is covered by  warranty. All the claims are settled in compliance with § 422 and am. Commercial Code.
2. All the goods purchased at the EMTEST internet shop are under warranty. Length of  warranty in months is stated in  certificate of delivery. If not stated, the following is in force:
 - 24 month warranty on sold goods
 - 24 month warranty on products made-to-order
 - 3 month warranty on repairs and settlement
 - 12 month warranty on used products sale
3. The warranty time starts off on the date of goods collection. In case the goods  are  exchanged for other product warranty continues and period is extended for the time  of sales returns.
4.  The following cases are not under warranty:
 - claim after expiration of warranty period
 - claim with absence of  certificate of warranty or a bill
 - goods without equipment
 - claiming parameters not declared by the manufacturer
. - mechanical damage, electrical damage, unskilled service
 - operating goods under unsuitable conditions
 - damage during transport
 - wrong installation, connection to and disconnection from other appliances
 - repair, modification or any attempt at repair
 - breaking protection tags, sticks or removing production data
 - mechanical damage of  hard disc dust-proof tape
 - using fake equipment and accessories
 - damage caused by computer viruses, spyware, adware..
 - defect due to which the price was cut
5. Only goods purchased at the EMTEST internet shop will be claimed.
6. Claims will be settled at the address of EMTEST company if not arranged otherwise  with employee of the company by phone or e-mail .
7. In execution of claim it will be the duty of purchaser to deliver the claimed goods clean, mechanically undamaged in original packaging including instructions, copy of the dispatch note, certificate of warranty or invoice. The disorder will be described clearly and in detail, otherwise the repair may be delayed.
8. Any claim under warranty is fee free. In case of wrongful claim is it will be the duty of the purchaser to pay all the expenses raised due to the claim.
9. It is the right of the supplier to extend term of claim settlement for goods that will be sent to the manufacturer to be repaired for the time needed.

Claim execution time

Claim technician will make the decision concerning the claim within 3 working days. (time needed for professional observation is not included). Claim period it max.30 days starting on the day of damage confirmation by claim technician. If the period is not adhered the agreement with the purchaser will be made. Costs on transport of the goods are at expense of the purchaser.

Wrongful claim

In case the described disorder is not proved during testing it will be the duty of the purchaser to pay all the expenses raised  in relation to manipulation, transport, testing, it means regular service fee 30 EUR/hour.
It will be the duty of the purchaser to pay all the expenses raised in relation to sending the goods to be claimed if the disorder was not confirmed by testing.

Like kind exchange

Like kind exchange will be carried out in case the purchased goods were claimed within 3 calendar days from purchase and disorder is proved. In such a case the goods will be exchanged with no delay if they are in stock. It will not be possible to exchange goods purchased more than 30 days, goods in direct daily contact with the purchaser (monitor e.g.),
mechanically damaged or  media.

§ 5 Personal data and their protection

1. It is the duty of the purchaser to introduce right data necessary for trading between purchaser and supplier.
2. In any change of the supplied data of the purchaser they will inform the supplier about them without any delay.
3. All the data stated in order are protected in compliance with Data Protection Act No. 428/2002 Coll. as amended.

§ 6 Final provisions

1. In case of vis major or circumstances excluding the responsibility of the supplier they do not take the responsibility for not performing the obligations.
2. Any change or amendment  hereto trading conditions are possible only in written form and only after mutual agreement of trading parties.
3. Purchaser by registration confirms reading the trading conditions, declares comprehension and agreement with them.

Žilina  17. 11. 2006