General business conditions

General Business Terms and Conditions

for commercial partners, resellers and distributors of WAMAK, s.r.o.

Version 04/2023

Definitions

“Buyer” refers to contractual partner in terms of a business partner, reseller, distributor and trade partner, and therefore to businesses.

“Seller” refers to WAMAK, s.r.o.

“Product” refers to a product manufactured or supplied by the seller. In most cases a heat pump unit.

Application

These conditions regard all sales contracts stipulated between the seller and buyer, and annul any previous contrasting conditions set down by the buyer. Not fulfillment of one or more of these conditions, for any reason, will not effect the validity and effectiveness of the other conditions. These conditions must be accepted fully and unconditionally and be specifically approved with reference to the order, except on written agreement signed by the seller.

Quotations, offers and orders

Quotations and Offers made by the seller, both verbal and written, are not considered as binding. Orders taken by the seller are only intended as valid after they have been confirmed in writing. Orders taken by our representatives are only valid with our acceptance or confirmation, except on written agreement signed by the seller. Data, measurements, articles, prices, characteristics, performance and all other data included in our catalogues, price lists, prospectuses, circulars, etc. are indicative; they may vary without prior notice and are only binding for us when an express indication of acceptance or confirmation of that particular data has been made. Any drawing or technical document relating to the seller’s products, even if returned to the client, remain the seller’s exclusive property and the client cannot use, copy, reproduce, transmit or communicate to third parties, without previous written authorization.

Price

All prices quoted by the seller are subject to change and shall be quoted in euros (EUR) without VAT. Unless otherwise agreed in writing, cost estimates shall be created without any guarantee for accuracy. Prices appearing in the price list are intended as “goods packed according to standard internal procedures” and packaging or means of protection provided to avoid damage or deterioration to materials in normal transit conditions, are invoiced at cost price and may not be returned. Any special or personalized packaging will be carried out on request. Prices in force at the moment of delivery will be applied: intended for goods within the limit of the seller’s available stock. Prices are calculated on the basis of the cost of raw materials, material components, cost of labour: in the presence of variations, the prices may undergo modifications without obligation of forewarning.

Delivery

Delivery terms which appear in the offer and order confirmation are purely indicative and are not binding for the seller. The seller is, under no circumstances, bound to reimburse the buyer for direct or indirect damage due to late delivery or due to total or partial interruption of supply. The buyer cannot cancel the order, in whole or in part, because of unfulfilled delivery terms.

Transport

Goods travel at the risk of the buyer or addressee, in so much that they are considered as sold in the factory, unless other written indications exist. goods are never insured by us for transport, unless expressly requested in writing by the client who will be responsible for the charge. As our packaging is carried out in a professional way, if goods are damaged in transit, claims for reimbursement must be made to the transport company. Tests are carried out in the factory during normal working hours, according to the systems used in the sector industry; these tests may be carried out at the installation site only with our express authorization and after written notification of the testing date being given in advance. All tests carried out on the initiative of the client are not considered valid for us, if not carried out in the presence of seller’s technician.

Payment

Payment shall be made to the seller’s bank account stated on issued documents, whatever the established price. Payment is due according to the agreed terms even in the case of delayed delivery, damage to goods in transit or partial or total loss in transit, as well as in the case in which the goods are to be transported by the buyer, and will remain uncollected. All payments must be made in Euros. Bills of exchange or other agreed methods of payment do not result in modifications or derogations of this norm. In the case of extended payment, the unfulfillment of an expiry date will result in automatic forfeiture of the payment method, the request for immediate payment of the entire sum, the start of overdue interest and of monetary revaluation according to the EU index.

Order Suspension and Cancelation

If one of the sales conditions is not respected, even only in part, or when there is a variation, of any kind, in the commercial capacity of the buyer, the seller has the right to suspend any further deliveries. Independent of the above circumstance, the seller has the right to reduce his credit limits towards the buyer (if such exist) whenever the general market conditions vary or whenever facts or circumstances intervene of such a nature as to influence the normal working of the buyer’s activity. The seller does not carry inventory products. All manufacturing is done by order. Orders cancelled by the buyer can be subject to a cancellation charge. Cancellation charges:

Product Returns

The product may be returned to the seller only with the seller’s express written consent and no later than 14 days from shipping. Before return, a return form located at the seller’s web site needs to be filled out and signed.

Warranty, Product Liability

Warranty is limited to replacement of faulty or damaged component, not the entire product. Broken parts must be returned to the seller. Additional costs, damages, interest or compensation other than described in this document will not be accepted. Any claims made by the buyer within the maximum term of 24 months from the issue of the invoice, our products having been recognized by us as defective can be only replaced by us or our certified partner. However, our responsibility is limited to defects which manifest themselves in normal working conditions and during correct use of our products. The guarantee does not apply if the buyer has not paid the supplier, if products or their identification data has been tampered with or modified, if the use and or installation of the products do not conform to the instructions, effective regulations and common trade standards or if the products have not undergone regular and correct maintenance. The parts subject to normal deterioration due to wear are not included in the guarantee. Deviations of the delivered product from that which was ordered, such as incorrect dimensions or the wrong product (incorrect delivery), must be reported within 3 days of delivery and before any resale and/or further working or processing is undertaken. Otherwise, the product shall be deemed accepted and may not be returned or exchanged. All advice provided by seller, whether orally or in writing, is not binding and does not release the Customer from the obligation to inspect the product to check for their suitability for the intended purpose. Seller does not warrant that products in subsequent deliveries will be an exact match for those in the first delivery. Excluded is any warranty for disposable parts, such as filters, filter elements, anodes and electrical parts, circulation pumps, electric immersion heaters, valves and plate heat exchangers (for example, due to scaling, corrosion, dry run, unsuitable water quality) or parts installed on site. In cases of doubt, compliance with water quality regulations per the nationally applicable standard must be demonstrated by the product user End customer. In the case of tanks, the anti-corrosion anode must be shown to have been maintained. In addition, we point out that flying rust particles can occur on all parts exposed to the atmosphere.
Notwithstanding other provisions in these General Terms and Conditions, liability under the warranty expires
- when the Customer or third parties make changes or repairs to the product without our written consent

- when non-original accessories are used,

- when the products are not used as intended

- when installation and operating instructions are not followed
- if the system is put into service by anyone without proper licensing and qualification or a service contractor authorised in writing

- in the case of defective auxiliary equipment such as insufficient flow rates or system bridges, lack of flow switch in heat source system and or heat sink system, the lack of electric immersion heater with heat source air, external control, interference with the control unit, pollution during construction, poor water quality, lack of hydraulic isolation, improper valves

- in the case of incorrect sizing and or faulty construction of the heat source system

- if evaporators and or condensors are not connected in accordance with the installation and connection guidelines.
The seller only warrants the functionality of the products but not their appearance. Any such warranty obligation shall apply exclusively to defective equipment parts, but not to the labour and travel costs required to correct the same.

The seller assumes no liability for operating costs and noise emissions at the installation site as they depend on the system configuration, buildings, weather, user behaviour and control settings.

Unless otherwise agreed in writing, the place of fulfilment for all services to be provided by the seller under warranty shall be the headquarters of seller’s company.

Claims and Disputes

The seller must be contacted in writing about any claims or disputes regarding the quality, within three days of the discovery. Claims regarding quality may not be made unless the products in question have been paid for in full. A written note must include a detailed description of the defect.

Following operations are exempted from the guarantee claims as well as from service cost compensation reclaims:
- Controller settings and optimization of parameters in the controller

- Expansion valve settings and corrections

- Replacement of plate heat exchanger be it evaporator or condenser as a result of its physical damage
- Plate heat exchanger is in any case excluded from guarantee claims

- Additional filling of refrigerant or refilling of full refrigerant charge

- Filter-dryer replacement

The seller takes no responsibility for working fluid leakage or loss during transport. Before the first startup of the product, a tightness check shall be performed on all threaded connections on the refrigerant side / Rotallock valves on the Scroll compressor, refrigerant storage tank and others / as well as on all threaded connections on the hydraulic side.

Goodwill

During the first 12 months after commissioning, the seller offers service costs compensations based on the industry recommendation table found at szchkt.org. Prices include problem discovery time and work. The faulty component will be supplied free of charge during the warranty period by the seller either before service or after service. To credit the service and material cost, the faulty part must be returned to the seller within seven days after service including the dated and signed service report form. Maximal cost for work other than those in the table below is capped at 40 Eur / hour. Maximal 5 work hours will be compensated. Any additional transport or administrative costs are excluded.

Plumber / Heating Technician

AC / Refrigeration Technician

Electrician 

Table 1. Service costs compensation price list

The above compensation costs can be claimed only after the seller receives a written service report no later than seven days after the service has taken place and the faulty / replaced component will be delivered back to the seller.

Force Majeure

Terms of delivery in our offers or acceptances are purely indicative and not binding. Fire, flood, strike and other force majeure causes discharge the seller of his obligation to deliver.

Disputes and Arbitration

The Parties shall take all steps to resolve all disputes and disagreements which could arise based on an existing Contract or in relation to it amicably by negotiation. Where the parties are unable to reach an agreement, all disputes arising from this contract and in relation to it shall be resolved according to the law of the Slovak Republic in Slovak language with definitive force at the Court of Arbitration of the Chamber of Commerce of the Slovak Republic. The award of the court is definitive and binding for both parties, which are obliged to respect it.

Personal data processing principles and data protection system under the GDPR

The data controller (controller) of your personal data pursuant to Article 4 point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as GDPR) is the company WAMAK s.r.o., Orovnica 252, 966 52 Orovnica, ID No.: 36 628 972.

The contact details of the controller are :
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: +421 918 396 879

What is personal data?

Personal data is data relating to an identified natural person or an identifiable natural person who can be identified, directly or indirectly, in particular by reference to a generally applicable identifier, to another identifier such as a first name, surname, identification number, location data or online identifier, or to one or more characteristics or attributes that constitute his or her physical identity, physiological identity, genetic identity, psychological identity, mental identity, economic identity, cultural identity or social identity.

What is the processing of personal data?

Processing of personal data means a processing operation or set of processing operations concerning personal data or sets of personal data, in particular the obtaining, recording, organisation, structuring, storage, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise, alignment or combination, restriction, erasure, whether or not by automated or non-automated means.
The Controller (Controller) is not obliged to appoint/designate a Responsible Person.

Sources and categories of personal data:

The Controller processes personal data (directly from you) that you have provided to it or personal data that it has obtained as a result of fulfilling your order.
Your identification and contact data and data necessary for the performance of the contract.

Lawful basis and purpose of processing:

The lawful basis for processing is:
Your consent to the processing of your personal data for the purpose of providing direct marketing pursuant to Article 6(1)(a) of the GDPR.

Performance of a contract between you and the controller pursuant to Article 6(1)(b) of the GDPR.

The processing is necessary for compliance with a legal obligation of the controller pursuant to Article 6(1)(c) GDPR.

The legitimate interest of the controller to monitor the premises with a CCTV system for the purpose of protecting property pursuant to Article 6(1)(f) GDPR.

The purpose of the processing of personal data is:

To process your order and to exercise the rights and obligations arising from the contractual relationship between you and the controller. When placing an order, the personal data required for the successful processing of the order (name, surname, address, contact, or company details) pursuant to Article 6(1)(b) of the Regulation (this includes the subsequent payment, delivery of goods, handling of complaints, etc.); the processing of the customer's personal data takes place without the customer's consent, since the legal basis for the processing of their personal data for the purposes of the performance of the contract is the specific order between the customer and the operator. The provision of personal data is a necessary requirement for the conclusion and execution of the order; without the provision of personal data, it is not possible to create an order or for the operator to fulfil its terms and conditions.

Provision of the agreed service in the field of production and sale of heat pumps.
The controller declares that it does not handle the records in any way and does not disclose them to third parties or entities.

Retention period:

The controller shall retain the personal data:
For as long as necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert a claim arising from that contractual relationship.

After the expiration of the retention period of the personal data resulting from Act No. 395/2002 Coll., the Act on Archives and Registers and on the amendment of certain acts, the controller shall delete the personal data.

Recipients of personal data

Who is the recipient?

The recipient is anyone to whom the personal data is provided, regardless of whether they are a third party. A public authority which processes personal data on the basis of a special regulation is not considered to be a recipient.

They are persons who are involved in the delivery of goods, services, making payments under a contract.

The controller does not provide, disclose or make available personal data to third countries.

Conditions for the security of personal data

The controller declares that it has taken appropriate personal, technical and organisational measures to ensure the protection of personal data.

The controller has taken technical measures to secure data storage and storage of personal data in file form.

The controller declares that the personal data can be accessed only by persons authorised by the controller.

Your rights:

Under the terms of the GDPR, you have:
- The right of access to your personal data under Article 15 of the GDPR
- The right to rectification of your personal data under Article 16 GDPR
- Right to restriction of processing
- The right to erasure under Article 17 GDPR
- Right to object under Article 21 GDPR
- Right to transfer personal data under Article 21 GDPR
- Right to withdraw consent (electronically or to a correspondence address)
- The right to lodge a complaint with the Data Protection Authority if you believe that your data protection rights have been violated.
You also have the right to lodge a complaint with the Data Protection Authority if you believe that your data protection rights have been violated

How can you exercise your rights?

Right of access to data

You have the right to know whether we are processing your personal data. If we are processing it, you can ask us for access to it. Upon your request, we will issue a confirmation with information about the processing of your personal data. You can submit your request electronically, to the email address, This email address is being protected from spambots. You need JavaScript enabled to view it. or by post to WAMAK s.r.o., Orovnica 252, 966 52 Orovnica, ID No.: 36 628 972

Right to rectification

You have the right to have your personal data processed by us correct, complete and up-to-date. If your personal data is incorrect or outdated, you can ask us to correct or complete it electronically at the following email address: This email address is being protected from spambots. You need JavaScript enabled to view it. or by post to the following postal address: WAMAK s.r.o., Orovnica 252, 966 52 Orovnica, ID No.: 36 628 972

Right to erasure

Under certain circumstances you have the right to have your personal data erased. You can ask us to delete your data at any time. We will delete your personal data if:
- We no longer need your personal data for the purpose for which you provided it to us,
- you withdraw your consent,
- you object to the processing of your personal data,
- we are processing your personal data unlawfully,
- the personal data must be erased in order to comply with a legal obligation,
- if you are a child or the parent of a child who has consented to the processing of personal data via the internet.

Right to restriction of processing

You can ask us to restrict the processing of your personal data. If we comply with your request, we will only store your personal data and will not process it further. Restriction of the processing of your data will occur if:
- You notify us that your personal data is incorrect until we have verified its accuracy,
- we are processing your personal data unlawfully, but you do not consent to the erasure of your personal data and instead request that we restrict the processing of your personal data,
- we no longer need your data but you need it to establish, exercise or defend your rights
- you object to the processing of your personal data until we have verified that our legitimate interests outweigh your reasons.

Right to data portability

You have the right to request that we provide you with your personal data in an electronic format (e.g. an XML or CSV file) that allows you to easily transfer your data to another company. You can also ask us to transfer your personal data directly to the company of your choice. We will comply with your request if you have provided us with the personal data directly and have given us your consent to process it.

Right to object

You have the right to object to us processing your personal data. If we process your personal data in the following cases:
- For our legitimate interest,
- creating a customer profile,
- you can object to the processing if you have personal reasons to do so.

How can you exercise these rights?

You can contact us with your request in any of the following ways:
by email: This email address is being protected from spambots. You need JavaScript enabled to view it. or by post to the business address: WAMAK s.r.o., Orovnica 252, 966 52 Orovnica, ID No.: 36 628 972

If you believe that your rights to the protection of personal data have been violated, you have the right to lodge a complaint with the supervisory authority, the Office for the Protection of Personal Data, at the following address
Hraničná 12
820 07 Bratislava 27
Slovak Republic

Identification data:
ID: 36064220
VAT: 2021685985

Office Secretariat:
+421 /2 3231 3214

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

In view of the epidemiological situation in the Slovak Republic, the Office recommends making submissions by mail or electronic services (www.slovensko.sk). Personal submissions from 29.11.2021 onwards can only be made in unavoidable cases no later than 12:00.

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