General Terms and Conditions of ALUKOV a.s., hereinafter referred to as the Contractor

(in effect from: 01. 01. 2017)

 

These General Terms and Conditions of ALUKOV a.s., with its registered office at čp. 18, 538 21 Orel, Czech Republic, Company ID: 642 57 746, VAT No.: CZ64257746 (hereinafter also referred to as the “GTC”) are issued as the commercial terms of the contractual party in accordance with Section 1751 (1) of the Civil Code, Act No. 89/2012 Coll. (hereinafter the “Civil Code”).

 

1. Scope and Validity

1.1 These GTC apply to all business relations arising from contracts for work concluded by the contractor (hereinafter also referred to as the “contract”), where the other party is acting as the customer.

1.2 The GTC form part of the content of each contract and constitute its integral part. Any differing provisions contained in the contract for work shall always take precedence over the provisions of these GTC.

1.3 The use of any other general terms and conditions in contracts is hereby excluded.

 

2. Conclusion of Contracts

2.1 Transactions between the contractor and the respective customer (hereinafter collectively referred to as the “contractual parties”) are carried out on the basis of contracts for work, which must always be concluded in writing.

2.2 Any changes and/or amendments to the contract shall be valid and binding only if expressly agreed by the contractual parties in a written addendum to the contract signed by both parties.

2.3 Under the contract, the contractor undertakes to carry out for the customer the work – pool enclosure, and/or hot tub enclosure, and/or patio or terrace enclosure, and/or sliding framed or frameless walls (hereinafter also referred to as the “subject of the work”), as specified in more detail in the contract and its annexes, and the customer undertakes to provide the necessary cooperation, accept the completed work, and pay the price agreed in the contract.

2.4 Annexes to the contract, which form an integral part of it, shall always be explicitly specified in the respective contract.

2.5 By signing the contract, the customer also confirms that they are authorized to conclude the contract and that they have sufficient financial means to pay the agreed price of the work.

 

3. Place and Time of Performance

3.1 By signing the contract, the customer also declares and expressly confirms that the land on which the installation and assembly of the work is to be carried out according to the contract (hereinafter the “place of performance”) is in their ownership or that they have prior written consent from the owner or co-owner of the land for such installation and assembly. In this regard, the customer is obliged to provide, upon the contractor's request, proof of land ownership and/or written consent from the owner (co-owner) for the execution of the work.

3.2 By signing the contract, the customer also declares and expressly confirms that they are familiar with the dimensions, structural, technical, and operational characteristics of the work. In particular, the design and implementation of the locking systems of the individual parts of the subject of the work, the locking mechanisms of the individual parts, the thermal insulation properties of the materials used, and the operation of the subject of the work in cold or winter seasons. This information is available on the contractor’s website for each specific type of patio or terrace enclosure or product line of pool or hot tub enclosures.

3.3 The customer undertakes to notify the contractor without undue delay, in writing or by email, once the construction readiness of the place of performance has been met. Only with proper construction readiness can the place of performance be handed over to the contractor on the agreed date for precise measurement of the work.

3.4 During the measurement and installation/assembly of the work, the customer or their representative must always be personally present, equipped with a signed power of attorney. The customer is responsible for providing truthful information about any hidden construction-technical parameters of the structure on which the work will be installed.

3.5 The customer is liable for any consequences of insufficient construction readiness, which may lead to impaired functionality and/or properties of the subject of the work, even if such deficiencies are discovered during or after the installation or execution of the work. The customer must ensure barrier-free access to the place of performance for the contractor. If the customer fails to ensure this, they shall bear all costs associated with placing the subject of the work at the place of performance (e.g., crane use, construction and other adjustments to the site or its surroundings, additional work not covered by the contract), and the contractor shall not be obliged to fulfill their contractual obligations until such access is ensured.

3.6 If the contractor delivers components and/or other movable items necessary for the execution of the work to the place of performance before construction readiness is complete and/or in unsuitable weather conditions, the customer undertakes to accept and safely store them at the site.

3.7 The contractor shall proceed with the assembly of the subject of the work only after the customer has ensured construction readiness and under suitable weather conditions (not less than 5°C) within the timeframe specified in the contract.

3.8 If the customer fails to ensure the required construction readiness of the site on time or if the required construction conditions become inadequate due to poor preparation or natural or other factors, the contractor is not liable for any delays, impaired or non-functionality of the work, or any subsequent damage.

3.9 The customer undertakes to cooperate with the contractor and follow their instructions, as well as those of their employees and/or authorized persons, during the storage, installation, and execution of the work, and also in connection with construction preparation and completion.

3.10 The customer is liable for any damage caused by persons appointed or authorized by them to handle the subject of the work. If the customer is not personally present for the installation, assembly, or handover, they must appoint a responsible, authorized, and competent person in writing; otherwise, the contractor is not obliged to carry out the installation or assembly.

3.11 The contractor undertakes to complete the subject of the work within the period specified in the contract. This period shall not commence until the customer has fulfilled their obligations towards the contractor as outlined above.

 

4. Price of the Work, Payment Terms

4.1 The price of the work and the payment terms are specified in the contract. The price is agreed as fixed and final unless otherwise agreed by the contractual parties in the contract. The price includes the complete delivery and installation of the relevant enclosure but does not include transport costs to the place of performance (shipping) unless otherwise stipulated in the contract for work.

4.2 The customer shall pay the agreed price of the work to the contractor based on a tax document (invoice) issued by the contractor. The due date is 14 days from the date of issue of the invoice, unless otherwise agreed in the contract.

 

5. Conditions for Performance of the Work

5.1 The customer is obliged to hand over to the contractor, on the agreed date, the place of performance for the execution of the work, with properly secured construction readiness, in accordance with the conditions agreed in the contract and the GTC, free from third-party rights that could negatively affect the execution of the work.

5.2 The contractor shall, at their own expense, carry out the inspection of the place of performance and construction readiness. If the customer refuses the contractor's inspection, they agree to pay, in addition to the agreed price of the work, the costs associated with any necessary additional work carried out by the contractor to properly complete the work.

5.3 If necessary, the customer must obtain and, upon the contractor’s request, present a valid building permit for the execution of the work (including installation), and/or prove compliance with other obligations under generally binding legal regulations, if applicable. The customer is also responsible for ensuring that the contractor’s work is not disrupted by third parties. The customer bears responsibility for any consequences of installing the subject of the work at the place of performance, as well as for its operation, securing, and proper marking to prevent accidents or injuries. The customer must inform the contractor in advance about any hidden installations of electrical wiring, gas, water, etc.

5.4 The customer must ensure barrier-free and safe access to the place of performance and provide the contractor with adequate electrical supply and access to a functional power source, as well as the necessary cooperation in this regard.

5.5 Upon completion and handover of the work, a handover and acceptance protocol (hereinafter the “handover protocol”) shall be signed by both parties, in which the customer confirms whether they accept the completed work with or without reservations. One copy of the protocol shall be provided to the customer on the day of signing or created electronically using a portable electronic device (tablet). The electronic version of the protocol is automatically sent upon signature to a predefined email address according to the contract for work.

5.6 The contractor fulfills their obligation to perform the work when they enable the customer to use the subject of the work and notify them of this. This does not affect the customer’s obligation to accept the completed work.

5.7 The contractor is not obliged to perform or deliver the work and/or provide any other services if the customer is in default with any payment under the contract and/or any other obligation under any contract concluded with the contractor. In such case, the contractor is not in default of their obligation, and the time for performance of any of their obligations is extended by the duration of the customer’s default.

 

6. Ownership Rights, Transfer of Risk of Damage

6.1 Ownership of the subject of the work passes to the customer only upon full payment of the price of the work. However, the risk of damage to the subject of the work passes to the customer at the moment of handover and acceptance of the work, carried out in accordance with Article 5, paragraphs 5.5 and 5.6 of the GTC.

 

7. Intellectual Property Rights Protection

7.1 The subject of the work and/or its components are protected by the contractor’s rights to individual industrial property items (utility and industrial designs, trademarks) and other intellectual property rights.

7.2 The customer is entitled to use the contractor’s trademarks, trade names, designations, and other materials solely for the purpose of identifying and promoting the contractor’s products, only with prior written consent from the contractor and only to the extent specifically defined in such consent. Any infringement of these rights entitles the contractor to claim compensation for damages and other claims provided by law for the protection of intellectual property rights.

7.3 The subject of the work is marked with ALUKOV trademarks, which are owned by the contractor. The customer agrees to use these trademarks only on the subject of the work.

7.4 No provision of the contract or these GTC shall be interpreted as a transfer of rights stated in clauses 7.1 and 7.2 to the customer and/or the granting of a license to use them.

 

8. Defects and Warranty

8.1 The contractor is responsible for the professional and high-quality execution of the subject of the work in compliance with technical requirements and standards, as well as for the quality of components and materials used.

8.2 The customer shall inspect or arrange for the inspection of the work at the time of handover. During the handover, the customer will be thoroughly informed about the operation and maintenance procedures. The operation manual is provided together with the handover protocol either physically or automatically sent to the email address stated in the contract for work.

8.3 Extra caution must be exercised with all ALUKOV a.s. products when handling the subject of the work and its parts, especially concerning the safety of children. During the handover, the customer is also informed about the scope, terms, and procedure for claiming liability for defects (ALUKOV a.s. Warranty Policy), which is part of the Operation Manual. The Warranty Policy is also available on the contractor’s website www.alukov.cz – Warranty Policy.

8.4 Changes in shape, dimensions, or properties due to poor construction readiness and/or completion are not grounds for a complaint. Color or other material changes caused by biological, chemical, thermal, or other physical phenomena, as well as improper pool water quality (pH 7.0–7.6, Cl 0.3–0.6 mg/l), chemical exposure, air pollutants, or algae presence are not grounds for a complaint. Condensation on the inside of polycarbonate or safety glass, in the chambers of infill materials, or on/in aluminum profiles is also not grounds for a complaint.

8.5 The customer acknowledges that materials used in the production of the enclosure frame and infills are specifically intended for such use, i.e., enclosures for pools, patios, hot tubs, or sliding walls. Surface treatments of ALUKOV a.s. structural components comply with industry norms, are regularly inspected and certified. The contractor cannot eliminate slight color deviations caused by manufacturing methods of individual parts by different suppliers. Any assessment of such deviations will be based on the supplier’s standard sample.

  Special stainless steel alloys (rivets, screws, threaded rods, locking elements, plugs, etc.) are used for joints and anchors. Their design placement and application limits options for decorative coverage. If color changes (rust, oxidation, etc.) occur on structural, joint, or anchor elements, these are not grounds for complaints. Such changes may result from external effects or incorrect handling, improper chemical use, etc.

8.6 The work has defects if it does not conform to the contract. A defect that exists at the time of risk transfer or one arising later due to a prior breach of duty by the contractor entitles the customer to claim. Otherwise, the customer’s rights follow the Civil Code and the contractor’s Warranty Policy.

8.7 The customer understands that aesthetic changes may occur during repairs and shall not be considered valid grounds for further complaints. The contractor is not responsible for loss or deterioration caused by non-use. Normal wear and tear, damage, and material aging are not considered defects.

8.8 The contractor is not liable for defects caused by improper use contrary to the intended purpose, insufficient maintenance, or failure to follow the contractor’s instructions or recommendations stated in the Handover Protocol or Operation Manual. Enclosures are made with finishes specified in the contract. Design and layout of components are at the contractor’s discretion.

8.9 The contractor provides standard or extended warranty conditions for the work. The exact scope is specified in the contract annex titled Warranty Conditions.

8.10 The warranty does not cover mechanical damage, wear, abrasion, scratches, especially of moving parts (e.g., rails, guides), non-functionality due to poor construction preparation, damage to sealing elements between modules, aging of materials, discoloration or changes due to chemical/mechanical effects, or alterations made by the customer. It also does not cover damage caused by natural disasters, wind, water, snow, hail, etc.

  The customer is advised to insure the subject of the contract against such risks. Repairs resulting from such events are paid by the customer (or their insurer) and will be carried out as separate orders. If the customer delays acceptance, they bear the full cost of any reduction in value due to aging, weather exposure, etc.

8.11 The customer acknowledges that advertising, images, or multimedia presentations are for informational purposes only, and the agreed properties of the work are those stated in the contract and GTC.

 

9. Contractual Penalties, Costs

9.1 In the event of delay by the contractor in executing or delivering the subject of the work, the contractor is obliged, upon the customer’s prior request, to pay a contractual penalty of 0.05% of the total price of the work for each day of delay. This does not apply if the customer is in delay with fulfilling their contractual obligations, especially under Articles 3, 4, and 5 of the GTC.

9.2 In the event of delay by the customer in fulfilling their obligations under Articles 3, 4, and 5 of the GTC, the customer is obliged, upon the contractor’s prior request, to pay a contractual penalty of 0.05% of the total price of the work for each day of delay.

9.3 If the contractor authorizes another professionally qualified (third) party (especially an attorney) to collect claims from the customer, the customer is obliged to pay, in addition to the amount owed and any contractual penalties, also the costs of representation related to the enforcement of the contractor’s rights.

 

10. Withdrawal from the Contract

10.1 The contractor is entitled to withdraw from the contract at any time if the customer breaches any obligation set out in Article 3 clause 3.3 and/or Article 4 and/or Article 7 of the GTC. Such breach shall be deemed a material breach of contract by the customer. The contract terminates upon delivery of the withdrawal notice to the other party and is not voided from the beginning. Withdrawal from the contract does not affect the right to payment of any contractual penalty and/or default interest already due, the right to claim damages resulting from breach of contractual obligations, or provisions which, by their nature, are intended to survive contract termination, especially provisions on dispute resolution.

10.2 If the customer breaches obligations other than those stated in Article 7 of the GTC, the contractor is entitled to unilaterally withdraw from the contract after giving the customer written notice of the breach, providing a reasonable period for remedy, and the customer fails to fulfill the obligation even within this additional period.

 

11. Final Provisions

11.1 The contract, to which these GTC form a part, and the legal relationships arising from it are governed by the laws of the Czech Republic, particularly the Civil Code, Act No. 89/2012 Coll.

11.2 All disputes arising from contracts between the customer and the contractor shall be discussed and decided by the locally and materially competent general court of the defendant.

11.3 In case of a dispute involving a non-entrepreneurial natural person (consumer), the consumer has the right to propose out-of-court dispute resolution by submitting a proposal to the Czech Trade Inspection Authority, www.coi.cz. The proposal may be submitted only after an attempt to settle the dispute amicably and no later than one (1) year from the date the consumer first contacted the contractor regarding the dispute.

11.4 If the contractor supplies the customer with additional items after fulfilling the obligations under the contract, such as other goods, products, accessories, services, extra work, repairs, etc., these GTC shall also apply to the rights and obligations thus arising.

11.5 The customer declares their consent to the contractor processing their personal data, including any personal identification number stated in contracts and/or other documents, in accordance with GDPR rules, which form part of the contract for work as Annex No. 1.