General Terms of Trade and Delivery

1.   In General
1.1.  The RÁBA spol. s r.o., Praha trading company, registered headquarters: Prague 6 - Dejvice, Starodejvická 1899/4, postal code: 160 00, incorporated and registered by the Municipal Court in Prague, Section C, Enclosure 45968, company identification number (IČO) 25062891, tax identification number (DIČ): CZ25062891 deals with the purchase and sale of original products made by Rába Kft. Györ, Hungary.
2.  Scope of Application
2.1.  These General Terms of Trade apply to the supplier-customer relations between the Seller (Rába spol. s r.o.) and the Purchaser, forming an integral part of every contract of sale or confirmed order.
2.2.  These General Terms of Trade are fully applicable unless the Seller and the Purchaser agree otherwise in the given contract of sale or confirmed order. Such arrangements are given priority over these General Terms of Trade. Nevertheless, these General Terms of Trade are given priority over any other terms of trade, particularly the customer's ones.
2.3.  These General Terms of Trade apply to all current and future customers establishing supplier-customer relations with the Rába spol. s r.o. company.
2.4.  No offers of the Seller are considered binding. Any verbal agreements, arrangements and covenants shall be considered binding only when confirmed in writing by the Seller.
2.5.  The Seller is entitled to modify or cancel these General Terms of Trade unilaterally without prior notice. These General Terms of Trade are valid from 1 January 2005, untill novelization or cancellation.
3.   Contract of Sale, Order
3.1.  Orders are processed by the purchaser based on offers and information. Every order must specify the necessary information, namely:
  • trade name of the company;
  • invoicing and delivery address;
  • company identification number (IČO), tax identity number (DIČ) provided that the Purchaser is a registered VAT payer;
  • Purchaser's contact person, date and authorized person's signature;
  • contact: telephone, fax, e-mail;
  • exact specification of the ordered goods (goods name, drawing number or identification number), number of pieces, price in agreed currency;
  • other specific requirements (if any).
3.2.  Once signed by the Seller, the order is understood as a contract of sale.
3.3.  The producer ask for the order of material /one item/ minimum 10 pieces or 1000 EUR. This request is not necessary if the material is in our store.
3.4.Minimum value of a single order is 300 EUR. In case of a lower value a handling fee of 50 EUR will be charged.
3.5.  Orders are to be sent in writing to the address specified in paragraph 1, faxed to +420 233 321 191 or e-mailed to: or
4.   Price
4.1.  Unless agreed otherwise, the prices and terms specified in the Seller's price list valid as at the date of concluding the contract or confirming the order shall apply and remain applicable for 30 calendar days.
4.2.  The purchase price of the goods withdrawn from the Seller's warehouse in Prague 6, Starodejvická 1899/4, VAT exclusive, shall be considered as the price.
5.   Terms of Payment
5.1.  The Seller is expressly entitled to set the terms of payment. When agreed, the terms of payment may be specified jointly by the Seller and the Purchaser. The transfer of the full invoiced sum to the Seller's account or the payment in cash at the Seller's cash desk shall be considered as the payment of the full purchase price.
  • in advance by bank transfer;
  • in cash upon purchase;
  • cash on delivery;
  • based on an invoice (usually with a maturity of 14 calendar days).
5.2.  Payments in the Czech Republic and the EU are effected in CZK and EUR, respectively; as for other countries, the terms shall be agreed in advance. The Purchaser and the Seller are responsible for the charges of bank transfers according the request of their banks. The foreign Purchaser is responsible for the charges of bank transfers in all countries except Czech Republic.
5.3.  The Purchaser shall pay the purchase price on the Seller's account within the period of time specified in the appropriate invoice. Should the Purchaser fall into arrears with the payment, the Seller is entitled to late charges of 0.05% of the total unpaid price per day without sending an overdue notice. The Seller is also entitled to withhold any supplies to be effected pursuant to any contracts of sale concluded with the Purchaser and not yet completed; such an act shall not be deemed as a breach of the contract.
5.4.  The right of ownership of goods whose sale is the subject of the contract of sale shall be transferred to the Purchaser upon the delivery of goods. The Purchaser undersign the takeover of goods on the Delivery note.
6.   Terms of Delivery
6.1.  Before the first withdrawal of the goods, the Purchaser is obliged to submit a current extract from the Companies Register and VAT registration certificate (provided that the Purchaser is a VAT payer).
6.2.  The manner and place of goods withdrawal shall be specified upon agreement; the usual place of goods withdrawal is the Seller's warehouse at the address of Prague 6, Starodejvická 1899/4.
6.3.  The Seller shall provide the appropriate documentation with the supplied goods.
6.4.  The goods shall be delivered immediately when in stock, otherwise depending on the producer's capacity, usually a 120 days since the first day of next month after the acceptance of order.
6.5.  If the Purchaser requires that the goods be delivered to a place specified by the Purchaser, he shall reimburse all and every costs incurred in connection with the fulfillment of such a requirement; the Purchaser shall also compensate the Seller for any damage or loss of goods occurring in the course of their transportation to the Purchaser unless the goods have already passed to the ownership of the Purchaser.
7.   Warranty
7.1.  The Purchaser is obliged to check (make a visual inspection of) the goods upon their take-over or immediately after the goods are delivered by the forwarder. Should the Purchaser fail to inspect the goods with due diligence and in due time he may not lay any claims regarding any defects detectable by such an inspection disregarding the fact whether the goods is or could be defective.
7.2.  The Purchaser shall lodge a claim regarding apparent faults immediately after detecting the faults, 10 working days after the goods are delivered at the latest. No later claims regarding apparent faults shall be admitted. Any discrepancy in quantity shall also be considered as an apparent fault.
7.3.  The Seller guarantees its goods to be free of latent defects (with an exception of apparent faults) for the period of 3 months /determined by producer/ after delivery to the Purchaser. The Purchaser is obliged to prove that any faulty goods were purchased from Rába spol. s r.o.
7.4.  The Seller provides no guarantee covering defects of goods resulting from an inappropriate, completely unprofessional assembly, inappropriate operation or other damage caused by the Purchaser.
7.5.   Warranty will not apply to products of a natural tear and wear, for example: roller and ball-bearings, break linings, sealing rings, rubber parts, etc.
7.6.  Any complaint shall be lodged in writing and accompanied with documents needed to discuss the legitimacy of such a complaint.
7.7.  The Purchaser is obliged to report any faults to the Seller immediately after detecting such faults, by the end of the period of guarantee at the latest. When a complaint is lodged, the Seller reserves the right to check the condition of the claimed goods directly on the spot.
7.8.  If the claim proves to be legitimate, the Seller is obliged to meet the Purchaser's claim upon agreement, providing any of the following:
  • reasonable reduction from the purchase price;
  • removal of the faults by repairing the goods in an agreed period of time;
  • supply of alternative goods or refundment of the purchase price paid for the faulty goods;
  • supply of the missing goods (discrepancy in quantity).

In case of the shipment of compact products (complete) axles are ensemble the following conditions:

  1. The Seller guarantee the compact products their components and parts are without material or production faults.
  2. Ordinary guarantee period is 12 months from the date of axles delivery but it may be arranged individually.
  3. Guarantee requests and consequent responsibilities of the Seller are restricted on the free change or mend these spare parts, that are find faulted in terms of concurrent decision of contracted sides and the Producer.
  4. Warranty is not concerning a natural wear of o-rings, bearings, rubber parts, relinings, discs, drums - except the cases, when the Buyer sufficiently prove the fault were caused by producer due to constructional, material or manufactural deficiency.
  5. Conditions preclusive maintenance bond or resulting in their cancellation before the contractual warranty period expire:
    • damage caused by a vehicle accident,
    • warehousing in defiance of the Producer´s regulations,
    • natural disaster /water, fire, etc./, under chemical or other effects which damage a goods or may have an influence on the appropriate functions,
    • the Buyer did not keep the maintenance and servicing regulations,
    • using lubricants disapproval by the Producer,
    • unauthorized development accomplished by persons not authorized by the Seller and the Producer,
    • during the maintenance and servicing are not used special tools regulated /recommended/ by Producer,
    • production usage in extreme conditions that according of the product character could not be assumed and the producer was not aware of them,
    • constructional encroachments and edits without the Producer´s agreement,
    • after fault detection, run the product further and cause consequently the product´s damage,
    • the Buyer did not fill the oil charges of axles before axles installation on the vehicle and during the warehousing at least 3 months from the axles takeover from the Seller (The Producer deliver the axles without oil charges).
7.10.  Raba spol. s r.o. investigate every warranty claim, therefore the failed parts have to be stored for 3 months and at Raba spol. s r.o.´s request, be returned to Raba at Purchaser�s cost. In case of justified claim and the acceptance by supplier Raba Axle Ltd., the costs for the transit and for the investigation of warranty claim bears the supplier. If unjustified and rejected warranty claim, the costs for the transit and for the investigation of warranty claim bears the Purchaser.
8.Cancellation conditions
8.1In case the Purchaser cancells the confirmed order the Seller reserves the right to charge a 30% cancellation fee from the total amount of the subject order.
9.   Concluding Provisions
9.1.  Any previous negotiations and correspondence regarding the contents of the contract of sale shall be considered void by concluding the contract of sale (confirming the order).
9.2.  Any modifications of, amendments and addenda to the contract of sale or confirmed order shall be valid only when executed in writing and signed by both the contracting parties.
9.3.  Legal relations treated neither by the contract of sale nor by these Terms of Trade shall be subject to the applicable provisions of the Civil and Commercial Codes.
9.4.  The rule of law of the Czech Republic shall apply to all legal relations between the Seller and the Purchaser.
9.5.  Any disputes between the parties arising from the supplier-customer relations shall be primarily resolved by a peaceful settlement. Should the parties fail to reach an agreement, the disputes shall be resolved pursuant to Paragraphs 9.3. and 9.4. of these Terms of Trade.