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1. DEFINITIONS OF SOME TERMS

  • 1.1.INCOTERMS 2010. Should a Contract or these General Terms and Conditions contain a reference to INCOTERMS 2010, the same shall mean a reference to the International Rules for Interpretation of INCOTERMS 2010.
  • 1.2.Identification card. A Contract shall mean a Purchase Contract or a Contract for Work entered in writing in accordance with Part 3 of these General Terms and Conditions. Unless specified otherwise, the Purchase Contract or a Contract for Work under these General Terms and Conditions shall also mean a possible written General Purchase Contract or General Contract for Work on the basis of which a Purchase Contract and/or a Contract for Work shall be concluded in accordance with the procedure specified under Part 3 of these General Terms and Conditions.
  • 1.3.Contract. A Contract shall mean a Purchase Contract or a Contract for Work entered in writing in accordance with Part 3 of these General Terms and Conditions. Unless specified otherwise, the Purchase Contract or a Contract for Work under these General Terms and Conditions shall also mean a possible written General Purchase Contract or General Contract for Work on the basis of which a Purchase Contract and/or a Contract for Work shall be concluded in accordance with the procedure specified under Part 3 of these General Terms and Conditions.
  • 1.4.Customer.In these General Terms and Conditions, the Customer shall always mean trading company Doosan Škoda Power s. r. o., company ID (IČ) 491 93 864, with a registered office at Tylova 1/57, Pilsen 301 28, Czech Republic, registered with the Registry of Companies administered by the Regional Court of Justice in Pilsen, Section C, Entry 24733.
  • 1.5.Supplier. In these General Terms and Conditions, the Supplier shall mean a seller pursuant to the provisions of Section 2079 et seq. of the Civil Code and/or a contractor pursuant to the provisions of Section 2586 et seq. of the Civil Code, irrespective of whether the same is designated as such in the Contract.
  • 1.6.Civil Code. In these General Terms and Conditions, the Civil Code shall mean Act No. 89/2012 Coll., the Civil Code, as subsequently amended.
  • 1.7.Proper delivery. In these General Terms and Conditions, proper delivery shall mean proper discharge of the obligation on the part of the Supplier to supply the subject of performance to the Customer and to make it possible to the Customer to come into ownership rights over the subject of performance. Proper delivery shall take place upon compliance with all terms and conditions specified by these General Terms and Conditions, the Contract and generally binding legal regulations.
  • 1.8.Contractual Parties, Contractual Party. The Supplier and the Customer shall be jointly referred to also as the Contractual Parties or individually as the Contractual Party.
  • 1.9.Sub-supplier. In accordance with these General Terms and Conditions, the Sub-supplier shall mean a third party who provides the Customer, in order to implement the Contract, with the performance, in part or in full, or an element of the same subject of separate contractual relationship between the Sub-supplier and the Supplier.
  • 1.10.Term of performance. In these General Terms and Conditions, the term of performance shall mean the period of time determined for proper delivery of the subject of performance.
  • 1.11.Subject of performance. In these General Terms and Conditions, the subject of performance shall mean objects and their parts and/or the work, where the Supplier contractually undertakes to supply the same to the Customer and to make it possible to the Customer to come to the ownership rights to such objects and/or the work and the Customer undertakes to accept such objects and/or the work and take ownership of the same and to pay the agreed price for the same to the Supplier.
  • 1.12.Written form.In these General Terms and Conditions, the Written form shall mean the execution of all legal acts in writing, this through a form of a letter, electronic mail (without guaranteed electronic signature), or via fax message. Any conduct of Contractual Parties via telephone or orally shall be ineffective.
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