General terms and conditions of QSR24h Slovakia, s.r.o

1. Validity of terms and conditions

QSR24h Slovakia, s.r.o. (hereinafter „QSR24h“) is a comprehensive provider of services in the area of quality management. QSR24h performs services according to an order for services by the client (hereinafter „client“), which the client submits to QSR24h on a written application form provided by QSR24h for this purpose or downloaded by the client from the website of QSR24h. The order shall be delivered to QSR24h in written form to: (i) address of registered seat of QSR24h, (ii) fax number of QSR24h or (iii) e-mail address of QSR24h. Contractual relationship between the client and QSR24h arises upon an acceptance of the order by QSR24h in the manner stipulated in Article 2 of these Terms and conditions. The client accepts these general terms and conditions by sending a written order to QSR24h. After conclusion of the contract these terms and conditions are valid for the duration of the entire business relationship between the client and QSR24h.

Any changes and deviations from these general terms shall be specified in writing. Contractual parties agree that these general terms and conditions of QSR24h take precedence over the terms and conditions of the contractual partner, i.e. the client.

In the matter relating to the order, a person stipulated in the order as contact person is entitled to act on behalf of the client.

2. Conclusion of contract, termination of contract:

The contract enters into force upon written acceptance of the order of client by the company QSR24h delivered to the: (i) address of client stipulated in the order, (ii) fax number stipulated in the order or (iii) e-mail stipulated in the order.

The contract ceases to exist as of the moment of fulfillment of the order by QSR24h or by lapse of time agreed in the order.

If the client wishes QSR24h to terminate the performance of services prematurely or narrow the extent of the services (compared to the extent of services originally agreed in the order), the client is obliged, apart from an oral / telephonic agreement with QSR24h, to send a written notice about such premature termination of services to the address info.sk@localhost. In such a case QSR24h shall respect the wishes of the client and terminate the provision of services as soon as possible

In case of premature termination of the services performed by the QSR24h for reasons on the part of the client, QSR24h is entitled for remuneration for the works performed before the termination of the contract. If required by the client in the order, after acceptance of the order, QSR24h is obliged to elaborate a working schedule, which shall contain detailed descriptions of realization of the order. The working schedule shall be approved by the client (person responsible for the provided services).

3. Rights and obligations:

QSR24h is obliged to perform the ordered services on time according to the agreement with the client and the working procedure confirmed by the client or the purchaser of the client.

In case of occurrence of objective facts, not caused by QSR24h or for the reasons on the part of the client or his purchaser, for which the works cannot be performed in the agreed period, the delivery time of services is extended by the time of duration of these objections.

QSR24h is further entitled to suspend the performance of ordered services if the client did not receive the confirmed contract, if such is to be concluded between the parties or client is in delay with payment of any invoice of QSR24h. In such a case, QSR24h is not obliged to perform the ordered services any further, its commitment expires, while the client is obliged to pay QSR24h for the services already provided.

The client is obliged to pay QSR24h for ordered services properly and on time.

QSR24h shall execute a timesheet on the provided services, which shall include a detailed time schedule of the provided services. Workers and shall serve as the basis for invoicing.

Company QSR24h is entitled to use the name of the client in its information and advertising materials as well as in its other activities, within the scope of business name and logo, after the ordered service has commenced.

4. Payment conditions, rights:

QSR24h charges the client for provided services and is entitled to payment for the performance of services according to the agreed fees in the order for the extent of work performed. To the agreed remuneration the VAT in amount according to valid legal regulations will be added. The time necessary for the logistical transfer of materials, workers and administration shall be considered as proper performance of works. The client is obliged to pay QSR24 expenses associated with delays caused by machine and equipment downtime or other delays not caused by the company QSR24h. QSR24h is obliged to inform the client of such obstacles and should be also included in the timesheet.

QSR24h issues the client with an invoice for service performance for the extent of work performed. For service performance longer than 14 days, QSR24h is entitled to issue partial invoices for each 7 days of service performance. Invoices are payable within 30 days as of its issuance. Objections to the content of the invoice are excluded after its maturity date and in such a case the invoice is considered as recognized by the client.

In case of client’s delay with payment of the invoice, QSR24h is entitled to interest on late payment of 0,05% of the due amount for each commenced day of delay and to pay flat-rate reimbursement of costs associated with the claim in the amount of EUR 40, – one-off regardless of the length of the delay.

5. Liability for defects and damage:

QSR24h is responsible for the proper provision of services. The client is obliged to notify QSR24h about claims for defects or damage without delay. QSR24h determines the manner of handling such claims, meanwhile; if possible, QSR24h gives priority to repairs prior to other types of claims settlement.

QSR24h is only responsible for defects in provided services and possible damages up to the price of claimed services, i.e. the price paid by the client for provided services that the client claims. QSR24h is not responsible for damages that occurred as a result of force majeure.

Detailed procedure of claiming a liability for defective works and occurred damage is regulated in the Complaints procedure published on www.localhost, which forms a part of these General Terms and Conditions.

6. Place of service, protection of health and safety at work, protection of the environment:

The place of service rendering is determined by the client, while this place shall be within the territory of the Slovak Republic, unless otherwise agreed in a concrete case by the contracting parties QSR24h is obliged to adhere to regulations of health and safety at work to the extent specified by the regulations in force at the place of service.

The client is responsible for compliance with all legal regulations of the place of service rendering given by respective laws regulating safety at work and health protection. If not agreed otherwise, the client is obliged to provide at his own cost any protective equipment required. The client is obliged to inform QSR24h about specific dangers occurring in connection with the rendering of ordered services, as well as measures for their prevention.

QSR24h secures compliance to the extent and distribution of working time pursuant to the Labour Code (Act no. 311/2001 Coll. as amended) in relation to his own employees.

QSR24h instructs the staff, through which it performs services, about the rules for protection of the environment, protection of health and safety at work.

For waste management, consisting of arising of waste, transport, recovery, waste disposal, and so forth in accordance with the provisions of Act no. 79/2015 Coll. on waste, as amended, is responsible the entity in the place where the services are provided. If QSR24h provides services in the area of quality assurance according to an order by the client directly at the client´s place, for the waste caused by QSR24h is responsible the client, respectively its customer. If QSR24h provides services in the area of quality assurance according to an order by the client in the other premises, for waste generated by this activity is responsible the entity that provided these premises for this purpose, unless it is otherwise agreed between the service provider and the subject.

7. Agreement of confidentiality:

The mutual responsibility exists within the contractual relationship between QSR24h and the client to maintain company secrets on facts related to business, manufacturing and technology, on which they acknowledge with respect to their activity, especially on sales, production processes, customer lists, company software, forms and reports, customer forms and company standards both during its duration and after the end of the contractual relationship. This information and these facts are considered by the contracting parties as Business secrets pursuant to § 17 et seq. of Commercial Code (Act no. 513/1991 Coll. as amended), in the case of violation of which the aggrieved party enjoys protection according to § 20 of the Commercial Code.

8. Choice of jurisdiction of the arbitration court and applicable law:

Any legal relations between the client and QSR24h which are not stipulated in these Terms and Conditions or in separate written form shall be governed by the laws of the Slovak Republic, primarily by the relevant provision of Act No. 513/1991 Coll. Commercial Code. Any disputes arising from or in connection with these Terms and Conditions and the order shall fall within the jurisdiction of Slovak courts. The QSR24h is entitled to waive the right to have the dispute ruled by the Slovak court and be governed by Slovak laws. In such case the dispute shall fall within the jurisdiction of the appropriate court of the client and laws of the client´s domicile shall apply to the relationship.

If any of the provisions in these terms and conditions are or become invalid, the validity of the other provisions in the contractual relationship remains unaffected, including the validity of other provisions of these terms and conditions, while the contracting parties shall make a reasonable effort to replace such invalid provisions with valid provisions, which shall reflect the meaning of the replaced provision.

These Terms and Conditions are valid in the wording published on www.localhost on the day the order is sent by client, unless otherwise agreed by the client and QSR24h.

QSR24h Slovakia s.r.o.
Bratislava, 21.9.2017