Commercial and Service Terms and Conditions of INITEC s.r.o.

1. Enquiries, quotations and conclusion of the contract

Submitting an enquiry through the website, e-shop, by e-mail, telephone or by any other means does not in itself constitute an order or the conclusion of a contract.

Based on an enquiry, INITEC s.r.o. may provide the customer with an individual quotation.

Unless expressly stated otherwise in a particular quotation, the quotation serves as the basis for the customer’s order and is subject in particular to current product availability, supplier capabilities and the technical feasibility of the requested performance.

The customer expresses their intention to order the offered goods or services in particular by sending an order, confirming the quotation by e-mail or by another clear written statement.

The contract is concluded upon confirmation of the order by INITEC s.r.o. or when INITEC s.r.o., based on the order, demonstrably begins the agreed performance, unless otherwise stated in the relevant quotation.

INITEC s.r.o. is entitled to reject an order before confirming it, in particular due to changes in availability, price, technical conditions, export restrictions, sanctions or an obvious error in the quotation.

2. Validity of quotations, prices and scope of supply

A quotation is valid until the date specified in the quotation.

Unless stated otherwise, prices for business customers are quoted exclusive of VAT, transport, packaging, customs duties, import or export charges and other costs associated with delivery of the goods or provision of the service.

The scope of supply or services is determined primarily by the relevant quotation and confirmed order.

Before conclusion of the contract, INITEC s.r.o. may amend the quotation or replace it with a new quotation, particularly in the event of changes in supplier prices, exchange rates, availability, the technical condition of equipment or the scope of required work.

After conclusion of the contract, the price or scope of performance may be changed by agreement between the parties or in cases provided for in the relevant order or contract.

For repairs and diagnostics where the full extent of the defect cannot be determined in advance, the final price or scope of repair may be specified after diagnostics have been performed. Work exceeding the approved price may be subject to the customer’s consent.

3. Payment terms

Payment terms are specified in the relevant quotation, order confirmation or invoice.

INITEC s.r.o. may require a deposit or full advance payment, particularly from new customers, for international transactions, specially ordered goods or other specific transactions.

Depending on the individual agreement, payment may be made in particular by bank transfer, on the basis of a pro forma invoice, an invoice with an agreed due date or, exceptionally, in cash.

INITEC s.r.o. is not obliged to release goods or equipment unless an amount agreed as a condition of release has been paid.

4. Customer’s late payment

If a business customer is late in paying a monetary obligation, INITEC s.r.o. is entitled to claim statutory default interest and reimbursement of costs associated with recovery of the debt to the extent permitted by applicable law.

During the customer’s default, INITEC s.r.o. is entitled to suspend further performance, deliveries, repairs, service work or release of equipment unless otherwise agreed with the customer.

INITEC s.r.o. may require advance payment or other reasonable security for further or outstanding orders.

If the customer fails to pay a due obligation even within an additional reasonable period specified by INITEC s.r.o., INITEC s.r.o. may withdraw from the affected contract or its outstanding part where permitted by the nature of the obligation and applicable law.

This is without prejudice to any other rights of INITEC s.r.o. arising from the contract or applicable law.

5. Availability and delivery times

Availability of goods and estimated times for delivery, repairs, diagnostics and service work are based on information available when the quotation is issued.

Unless a particular date is expressly identified in the quotation as binding, it is an estimated or indicative date.

Delivery or service times may be affected in particular by availability of spare parts, manufacturer or service centre capacity, transport, customs clearance, export regulations or diagnostic results.

INITEC s.r.o. will inform the customer without undue delay of any material change to the expected date as soon as it becomes aware of such change.

INITEC s.r.o. shall not be liable for delay caused by an extraordinary, unforeseeable and unavoidable obstacle arising independently of its will, unless applicable law provides otherwise.

6. Sale of industrial parts and equipment

Depending on the relevant quotation, the supply may include new, refurbished, used or exchange industrial parts and equipment.

The condition of the goods, scope of supply and any warranty are determined by the relevant quotation, order confirmation or other document relating to the particular delivery.

For refurbished, used, exchange or older industrial components, the supplied item may differ in year of manufacture, production series, hardware revision, firmware or appearance, provided that it complies with the condition and parameters agreed in the relevant quotation.

7. Replacement products and compatibility of industrial components

Based on the technical information available, INITEC s.r.o. may propose or recommend a replacement, compatible or newer type of equipment.

Such proposal or recommendation does not in itself constitute a guarantee of full compatibility with the customer’s specific machine, application, program, communication network, safety function or technology.

A replacement product may differ from the original equipment in certain properties, dimensions, firmware versions, communication functions, configurations or connection methods.

The customer is responsible for assessing and approving the proposed replacement for their specific application before placing the order.

Where INITEC s.r.o. provides technical design, engineering, software modification or compatibility verification as a separately ordered service, its responsibility is limited to the scope of that specifically agreed service.

8. Repairs, diagnostics and service work

The final extent of a fault in industrial equipment cannot always be determined before diagnostics have been performed.

If additional faults, a different technical condition or the need for different spare parts are identified during the repair, INITEC s.r.o. may provide the customer with an updated quotation.

Further work may be subject to approval of the updated quotation.

If equipment is assessed as irreparable or repair is technically or economically unsuitable, the customer may be offered an exchange repair, a refurbished part, a new part, another replacement solution or return of the equipment without repair.

If the customer does not approve the repair following diagnostics, the customer may be charged for diagnostics, transport, handling, administration or service centre costs, provided that the customer was informed before ordering the relevant service about the possibility of such charges and their amount or the method of determining them.

9. Programs, software, data, parameters and licences

Unless expressly agreed otherwise in writing, repairs, diagnostics, replacement or service work do not include any guarantee that programs, firmware, operating systems, parameters, recipes, data, licences, applications or configurations stored in the equipment will be preserved.

The customer is responsible for creating their own backup before handing over the equipment, where technically possible.

Programs or data may already be damaged, unreadable, password-protected, licence-protected or otherwise technically inaccessible before the equipment is received.

At the customer’s request, INITEC s.r.o. may offer an attempt to create a backup, read the data or perform other related operations.

Ordering such an operation does not in itself guarantee that the data or program can be successfully read, preserved or restored unless such guarantee is expressly agreed in writing.

To the extent permitted by applicable law, INITEC s.r.o. shall not be liable for the loss, damage or alteration of programs, data, parameters, recipes, firmware, operating systems, applications, licences or configurations unless their preservation was expressly agreed as a guaranteed part of the particular service.

10. Information provided by the customer

The customer is responsible for the accuracy and completeness of the information provided to INITEC s.r.o.

This includes in particular type designation, order number, serial number, hardware revision, firmware, photographs of identification plates, description of the fault, required configuration and information regarding the intended use of the equipment.

INITEC s.r.o. shall not be liable for unsuitable or incorrect goods or services caused by incorrect, incomplete or inaccurate information supplied by the customer.

11. Installation, connection and commissioning

Unless expressly stated otherwise in the quotation, the supply of equipment does not include installation, electrical wiring, parameterisation, programming, commissioning, safety validation, inspection, modification of the control system or verification of functionality in the customer’s particular technology.

These activities may be ordered as separate services.

Where they are not performed by INITEC s.r.o. under a specific order, the customer is responsible for ensuring their professional performance.

INITEC s.r.o. shall not be liable for damage caused by incorrect installation, wiring, parameterisation, programming, use outside the manufacturer’s technical conditions, unauthorised intervention by a third party or use of the equipment in an unsuitable application, unless the cause of the damage lies in a breach of an obligation by INITEC s.r.o.

12. Defective performance, warranty and complaints

Rights arising from defective performance are governed by the contract and applicable law.

The specific duration and scope of any warranty may vary according to the type of performance, particularly depending on whether the subject is a new, used, refurbished or exchange part, repair, electric motor, servo motor, drive or other equipment.

The warranty period and scope specified in the relevant quotation, order confirmation, invoice, warranty document or service report shall be decisive.

Where a warranty is provided for a repair, it applies within the stated scope to the repair performed and parts replaced, and not automatically to the entire equipment or other parts that were not subject to repair.

A business customer is required to inspect delivered goods or services within a reasonable period after receipt and notify INITEC s.r.o. of any discovered defect without undue delay.

Neither warranty nor liability for defects applies to defects arising after delivery due to incorrect wiring, improper installation, mechanical damage, overvoltage, unsuitable operating conditions, intervention by a third party, incorrect settings, use outside the manufacturer’s technical conditions, incorrect application or normal wear and tear, unless applicable law provides otherwise.

13. Cancellation of orders by business customers

Once the contract has been concluded, a business customer is not entitled to unilaterally cancel the order unless such right arises from an individual agreement or applicable law.

Depending on the circumstances of the particular case, INITEC s.r.o. may agree with the customer to cancel the order.

In such case, the customer is required to reimburse costs already incurred by INITEC s.r.o. in connection with the order, including in particular supplier costs, cancellation fees, transport, diagnostics, administration, custom production and other reasonably incurred costs.

For goods specially ordered for a particular customer, goods made to order, goods that are difficult to resell or goods whose order cannot be cancelled with the supplier, INITEC s.r.o. may refuse cancellation of the order.

14. Retention of title, right of retention and uncollected equipment

Goods delivered to the customer remain the property of INITEC s.r.o. until the agreed purchase price has been paid in full, unless otherwise agreed in writing.

Equipment owned by the customer and provided for repair, diagnostics or another service remains the property of the customer.

Where INITEC s.r.o. has a due claim against the customer and the statutory conditions are met, INITEC s.r.o. may exercise a right of retention and withhold the equipment until the relevant debt has been paid.

After completion of a repair, diagnostics or other service, INITEC s.r.o. will request the customer to collect the equipment or arrange its shipment.

If the customer fails to collect the equipment within a reasonable period or fails to provide the cooperation required for shipment, INITEC s.r.o. is entitled to claim reasonable costs incurred for further storage, handling or repeated transport.

If the customer fails to collect the equipment even after repeated notice, INITEC s.r.o. may, after prior warning and provision of an additional period, proceed in a manner permitted by applicable law, including sale of the item for the customer’s account where the statutory conditions for such procedure are met.

Where applicable law requires an additional period before such self-help sale, the customer will be given at least the legally required period.

Uncollected equipment does not become the property of INITEC s.r.o. merely through the passage of time.

If the equipment has no economic value or its sale is not reasonably practicable, INITEC s.r.o. will ask the customer to determine the further course of action. Disposal may be carried out at the customer’s expense with the customer’s consent or in another case permitted by applicable law.

15. Transport and delivery

The method of transport is specified in the relevant quotation or agreed with the customer.

INITEC s.r.o. may use different carriers according to the size, weight, value, destination and other characteristics of the shipment.

The customer is required to inspect the external condition of the shipment upon receipt and record any visible damage with the carrier without undue delay and notify INITEC s.r.o.

The passing of risk of damage to the goods is governed by the relevant delivery terms and applicable law.

Where an Incoterms rule is expressly agreed in the quotation, it shall apply to the extent stated in the quotation.

16. Limitation of liability in business-to-business relationships

The following limitations apply only to the extent permitted by applicable law.

INITEC s.r.o. shall not be liable to a business customer for indirect, consequential or operational losses arising in connection with the supply of goods, repairs, diagnostics, replacements or service work.

This includes in particular loss of profit, loss of contracts, production interruption or downtime, loss of production, loss of data, costs of replacement production, technology downtime costs, dismantling or installation costs and similar consequential economic losses.

The total liability of INITEC s.r.o. for damage suffered by a business customer in connection with a particular performance shall be limited to the price excluding VAT paid or payable by the customer for the particular performance from which the damage directly arose.

This limitation shall not apply where liability cannot be excluded or limited in advance under applicable law, in particular in cases of intentional damage, gross negligence or other cases prescribed by law.

The customer is required to take reasonable measures to minimise any potential loss, including maintaining backups of programs and data, alternative operating procedures and safe shutdown procedures where appropriate to the nature of its operations.

17. Service centres and third parties

INITEC s.r.o. may use contractual, specialised or foreign service centres and other suppliers for repairs, diagnostics, refurbishment or replacements.

Equipment may be transferred to the relevant service centre or carrier for this purpose.

Repair times, the final scope of repairs and availability of spare parts may depend on diagnostic results and the capabilities of the relevant service centre.

The use of a third party does not affect the position of INITEC s.r.o. as the contractual party towards the customer unless expressly agreed otherwise.

18. International trade, export restrictions and governing law

Where INITEC s.r.o. supplies goods or services to a customer outside the Czech Republic, the customer is responsible for complying with import, customs, registration and other requirements in the country of destination unless expressly agreed otherwise.

INITEC s.r.o. is entitled to refuse, suspend or terminate a transaction where its performance could conflict with applicable law, international sanctions, export or import restrictions, manufacturer rules or other binding regulatory requirements.

Legal relations between INITEC s.r.o. and a business customer shall be governed by the laws of the Czech Republic unless otherwise agreed in writing.

In business-to-business relationships, application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

Disputes between INITEC s.r.o. and a business customer shall be subject to the jurisdiction of the courts of the Czech Republic; where permitted by applicable procedural law, local jurisdiction shall be agreed according to the registered office of INITEC s.r.o.

Where these Terms are published in several language versions, the Czech version shall prevail in the event of any discrepancy in interpretation unless mandatory law or an individual agreement provides otherwise.

19. Consumers

For the purposes of these Terms, a consumer means a natural person who, when concluding the contract, is not acting in the course of their business activity or independent professional activity.

Where the customer is a consumer, mandatory consumer protection provisions shall prevail over any provisions of these Terms that would restrict the consumer’s statutory rights.

Where a contract with a consumer is concluded at a distance or away from business premises, the consumer shall have the right to withdraw from the contract within the period provided by applicable law unless a statutory exception applies to the particular performance.

Where a service is to begin before expiry of the statutory withdrawal period, INITEC s.r.o. may require the consumer’s express request for commencement of performance and the relevant statutory confirmation or information.

Consumer rights arising from defective performance and the handling of complaints are governed by applicable law.

Consumer complaints are handled within the statutory period unless INITEC s.r.o. and the consumer agree on a longer period in accordance with applicable law.

If a consumer dispute cannot be resolved by mutual agreement, the consumer may use the alternative dispute resolution (ADR) system operated by the Czech Trade Inspection Authority.

20. Contact and delivery details

INITEC s.r.o.

Registered office and billing address:
Na Mlýnku 47
Liberec XII – Staré Pavlovice
460 01 Liberec
Czech Republic

Company ID: 22540768
VAT ID: CZ22540768

Business premises and address for sending equipment, repairs and complaints:
Cidlinská 2/8
460 15 Liberec
Czech Republic

E-mail: info@initec.cz

Equipment intended for repair, diagnostics or complaint handling should be sent to the business premises address unless expressly agreed otherwise with INITEC s.r.o.

21. Final provisions

For each particular transaction, the version of these Terms effective at the time the contract is concluded shall apply unless otherwise agreed in writing.

INITEC s.r.o. is entitled to amend or update these Terms for future transactions. A later version shall not apply retrospectively to an already concluded contract without agreement of the parties.

If any provision of these Terms is invalid, ineffective or disregarded under applicable law, this shall not affect the remaining provisions unless the nature or purpose of the affected provision requires otherwise.

Liberec, 12 August 2026