General Terms and Conditions for Service Work
General Terms and Conditions for Service Work - repairs of motor vehicles, trailers, and semi-trailers, and the complaint procedure of the company Louda Auto a.s. (hereinafter referred to as "GTC")
I. Introductory Provisions
The subject of these GTC is the regulation of legal relations between Louda Auto a.s., with its registered office at Choťánky 166, 290 01 Poděbrady, ID: 46358714, registered in the commercial register maintained under file no. B 19975 by the Municipal Court in Prague, as the contractor, and the customer of the repair, and they are an integral part of the contract for work - repair of the item concluded between the contractor and the customer.
These GTC apply to the performance of repairs of motor vehicles, trailers, and semi-trailers (hereinafter referred to as "vehicle") and regulate the relationships arising between the contractor and its customers during the performance of vehicle repairs and in connection with them.
For the purposes of these GTC, the contractor is understood to be the company Louda Auto a.s., with its registered office at Choťánky 166, 290 01 Poděbrady, ID: 46358714, whose business activities include, among other things, repairs of road vehicles and bodywork (hereinafter referred to as "contractor").
For the purposes of these GTC, the customer is understood to be a natural or legal person for whom the contractor is to perform repairs, modifications, or other service work on the vehicle based on its written order in the form of a job sheet (hereinafter referred to as "customer"). A customer - consumer is a customer who does not act within the scope of their business activities when concluding the relevant contract with the contractor. A customer who is not a consumer concludes the contract for the purpose of using goods or services within the scope of their business activities.
For the purposes of these GTC, repair is understood as an activity that primarily removes defects in the vehicle, the consequences of its damage, or the effects of its wear, and modification of the vehicle is understood as an activity that primarily changes its surface or properties (hereinafter collectively referred to as "repair").
The customer is acquainted with these GTC of the contractor in the case of repair or modification of the vehicle at the latest when handing over the vehicle for repair. The customer accepts and acknowledges the following GTC as binding for all performances to be carried out within the scope of work on the vehicle.
Deviations from these GTC can only be made in individual cases based on a written agreement concluded between the contractor and the customer. All contracts for work concluded between the contractor and the customer must be in written form, including all changes and amendments.
II. Course of Repair, Price of Work, Acceptance of Work
The customer shall deliver the vehicle to the contractor's premises at their own expense. Upon handing over the vehicle for repair at the contractor's premises, a job sheet (JS) will be drawn up, which serves as a written order for the repair and at the same time as a contract for work.
To draw up the JS, the contractor may require the presentation of a document related to the vehicle (e.g., technical passport, vehicle registration certificate). The completed JS confirmed (signed) by both the contractor and the customer is a contract for work (hereinafter referred to as "contract") and at the same time a confirmation of the handover and acceptance of the vehicle for repair.
If the customer is a legal entity or a self-employed person, the person representing such entity in dealings with the contractor must prove their authority to represent this person unless such authority arises from a public register in which the represented person is registered. A person representing a legal entity or a self-employed person in dealings with the contractor without proper authority is liable to the contractor for all damages incurred by the contractor in connection with such dealings, including any legal representation costs.
The contractor is entitled to require a reasonable deposit upon acceptance of the vehicle for repair. If the customer refuses to pay this deposit to the contractor, the contractor is entitled to withdraw from the contract. Until the requested deposit is paid, the contractor is not obliged to start the repair, and the time elapsed from the conclusion of the contract until the deposit is paid extends the contractor's performance period. The contractor undertakes to adhere to the completion date of the repair indicated in the JS as the expected completion date. However, if it is likely that the repair will not be completed by the expected date indicated in the JS for reasons not caused by the contractor, the contractor will inform the customer of this fact and simultaneously set a new completion date for the repair, which will be noted in writing in the JS along with the fact that the customer was informed of the extension of the completion date and whether they expressed consent to this extended date. In the event of the customer's disagreement with the extension of the repair date, the contractor is entitled not to continue with the repair and withdraw from the contract, with the customer undertaking to pay the contractor the price and costs for the repair according to the contractor's price list, or the part performed by the contractor until their withdrawal from the contract.
The contractor does not allow the use of materials supplied by the customer during the repair unless the customer insists on this procedure and expresses written consent. The expected price of the repair indicated in the JS is the price determined according to an unguaranteed estimate. If the contractor finds during the repair that due to the scope of work or the costliness of the work, the expected price of the repair indicated in the job sheet will be exceeded, they are obliged to inform the customer of this. In such a case, after notifying the need to increase the expected price of the repair indicated in the JS, the contractor may unilaterally increase it, but by no more than 10%. If the need to increase the expected price of the repair indicated in the JS exceeds 10% of the original expected price of the work indicated in the JS, the contractor may only increase the price of the repair with the customer's consent to such an increase. The new expected price of the repair will be noted by the contractor in the JS, along with the fact that the customer was informed of the increase in the price of the repair and whether they expressed consent to this change. In the event of the customer's disagreement with the increase in the price of the repair, the contractor is entitled not to continue with the repair and withdraw from the contract, with the customer undertaking to pay the contractor the price and costs for the repair according to the contractor's price list, or the part performed by the contractor until their withdrawal from the contract. In the event of the need to increase the expected price of the repair by more than 10% of the original expected price of the repair according to the job sheet, the customer has the right to withdraw from the contract, but is obliged to pay the contractor the price and costs for the repair according to the contractor's price list, or the part performed by the contractor until their withdrawal from the contract.
The performance provided by the contractor will be invoiced to the customer upon acceptance of the vehicle. The customer is obliged to pay the contractor the price and costs of the repair as they will be invoiced by the contractor. The price of the repair, including repair costs, is payable in cash or by credit card via a payment terminal upon acceptance of the vehicle from the contractor. If the contractor agrees to a cashless payment, the price and costs of the repair are payable within the payment period specified in the relevant tax document - invoice. In the case of cashless payment, the invoiced price is considered paid at the moment it is credited to the contractor's bank account.
In the event of a delay in payment, the customer undertakes to pay the contractor a contractual interest for late payment of 0.03% of the invoiced amount for each day of delay, including the first day. The payment of contractual interest for late payment does not affect the contractor's right to full compensation for damages beyond these contractual late payment interests.
If the contractor has several obligations (repairs) to fulfill towards the customer and the performance provided by the customer is insufficient to fulfill all obligations, the principal of the obligations due first is always considered fulfilled, even if the customer determines otherwise. Only when the principal of all due obligations of the customer is fulfilled are the late payment interests related to the obligations due first fulfilled. However, the contractor is entitled to decide on a different fulfillment of the customer's obligations than is specified in these GTC. The contractor is entitled to use (set off) the deposit paid by the customer in advance to cover any of its due receivables against the customer; in such a case, the contractor's obligation to perform the repair for which the deposit was paid ceases. The contractor may also set off the deposit against an overdue receivable of the customer if it is clear that the customer will not fulfill their monetary obligation to the contractor or part of it.
The contractor undertakes to provide the necessary cooperation to the customer, the person authorized by the customer, or the representatives of the insurance company in investigating and evaluating the insurance event that occurred on the vehicle within the scope of performing the work - repair of the vehicle. Necessary cooperation is considered to include, in particular, enabling access to the vehicle, processing an overview of damages and repair estimates, providing consultations regarding the restoration of the vehicle's operability, and related communication with the insurance company, all to the necessary extent required for the investigation of the insurance event. Without explicit authorization, the contractor is not entitled or obliged to act on behalf of the customer in any legal actions related to the investigation of the insurance event. The fulfillment of obligations under this paragraph is considered work on the performance of the work, regardless of whether they are explicitly mentioned in the job sheet or not.
At the customer's request, the contractor will prepare a written preliminary cost estimate for the repair before the acceptance of the vehicle for repair, in which individual actions required for the repair, as well as required parts, components, or accessories that the contractor is to supply and/or which are necessary for the requested repair and operational materials whose replenishment the customer requests and/or which are necessary for the requested repair (hereinafter referred to as "preliminary estimate") will be valued. The contractor is bound by this preliminary estimate for 3 weeks from the delivery of the preliminary estimate to the customer, and unless otherwise indicated on the preliminary estimate, the customer and the contractor agree that the date of preparation of the preliminary estimate is the date of its acceptance by the customer. The contractor is entitled to charge the customer for the preparation of the preliminary estimate, as well as for actions taken for its processing, especially the inspection of the vehicle, according to the contractor's price list valid at the time of the preparation of the preliminary estimate, and the customer simultaneously undertakes to pay the contractor the invoiced price and costs for the preparation of the preliminary estimate upon acceptance of the preliminary estimate by the customer. The contractor and the customer agree that until the price and costs for the preparation of the preliminary estimate are paid by the customer to the contractor, the contractor is not obliged to return the vehicle to the customer and that the contractor has a right of retention over it.
If the contractor discovers another defect during the repair that causes the vehicle not to meet the safety operating conditions established by special regulations, they are obliged to inform the customer of this fact. If the customer does not agree to remove this defect, the contractor will note this fact in the job sheet.
The contractor has the right to notify the customer of the completion of the repair and to invite them to pick up the vehicle even before the expected completion date of the repair indicated in the job sheet. If the contractor does not invite the customer to pick up the vehicle as stated in the previous sentence, the customer is obliged to pick up the vehicle on the expected completion date of the repair indicated in the job sheet or the extended repair date according to Article I, paragraph 4 of these GTC.
Unless otherwise agreed by the customer and the contractor, the acceptance of the vehicle by the customer takes place at the contractor's premises where the vehicle was handed over by the customer to the contractor for repair. At the customer's request, the contractor will transport the vehicle to a location designated by the customer at the customer's expense according to the contractor's price list.
The customer is obliged to present the JS to the contractor upon acceptance of the vehicle from the contractor. The contractor and the customer have agreed that the person who presents the JS to the contractor upon acceptance of the vehicle is considered authorized by the customer to accept the vehicle, unless the customer picks up the vehicle themselves. The contractor is entitled to request the presentation of personal documents from the persons picking up the vehicle for verification and control during cashless payment for the repair of the vehicle and/or in case of doubts about the persons who are to pick up the vehicle, unless they are persons presenting the original JS. If the affected persons refuse to fulfill this obligation, the contractor is not obliged to release the vehicle to them.
The customer is obliged to provide the contractor with the necessary cooperation for the acceptance of the vehicle and to ensure the acceptance of the vehicle personally or through persons authorized on behalf of the customer. The customer is primarily obliged to ensure that their employees or other persons representing them based on law or power of attorney properly prove their identity when accepting the vehicle, as well as other data necessary for identification, and to present written confirmation or power of attorney authorizing them to act on behalf of the customer. If they fail to do so, they cannot later argue that the vehicle was picked up by a person who was not authorized to do so. If the vehicle is transported to a location designated by the customer, the customer is obliged to ensure the presence of a person authorized to act on behalf of the customer at that location.
In the event of the customer's delay in picking up the vehicle, the contractor is entitled to demand payment of the reasonably incurred costs associated with the storage of the vehicle, and unless proven otherwise, the amount of these costs according to the agreement between the contractor and the customer is 600 CZK excluding VAT for each day of the customer's delay in picking up the vehicle. This does not affect the contractor's right to compensation for damages. If the customer does not pick up the vehicle within three (3) months from the day they were invited by the contractor to pick up the vehicle, the contractor has the right to sell the vehicle in an appropriate manner at the customer's expense. The contractor is obliged to inform the customer in advance of the intended sale if the customer's address is known to them and to provide them with an additional period to pick up the item, which, however, according to the agreement between the contractor and the customer, does not have to be longer than ten days. If the uncollected vehicle is sold, the contractor will pay the customer the proceeds from the sale after deducting the repair price, storage fees, penalties, and sale costs. The right to the proceeds from the sale must be claimed by the customer from the contractor. From the first day of the customer's delay in picking up the vehicle, the risk of damage to the vehicle passes to the customer.
The contractor may entrust the performance of the repair or its individual actions to another person, and the customer grants their consent to the contractor to perform the repair or its individual actions by a third party by signing the JS, to test drives performed by the contractor or a designated third party, and to the transport of the vehicle to/from the premises of the designated third party. When the repair is performed by another person, the contractor is responsible as if they performed the repair themselves. By signing the JS, the customer agrees that the contractor may carry out the necessary test drives with the vehicle.
If the customer withdraws from the concluded contract and the contractor has already ordered spare parts to remove defects, the contractor has the right to compensation for the costs incurred by ordering spare parts.
If the installed or attached parts of accessories, spare parts, and aggregates do not become an integral part of the vehicle, ownership of them passes to the customer only upon full payment of the invoiced performance provided by the contractor.
The contractor is not liable for damage to the customer's belongings left in the vehicle, especially if it concerns jewelry, money, and other valuables, unless a contract for their safekeeping has been concluded between the customer and the contractor.
A person acting on behalf of the customer when concluding the contract as their representative declares that as a guarantor, they will satisfy the contractor if the customer fails to fulfill any obligation arising from the contract.
Withdrawal from the contract by one party does not affect the obligation of the other party to pay contractual late payment interest and any contractual penalties specified in the contract and/or in these GTC.
III. Quality Guarantee and Complaint Procedure
The contractor is responsible for defects in the performed repair that the repair has at the time of acceptance of the vehicle by the customer and, if the customer is not a business entity, also for defects that occur after the acceptance of the vehicle after the repair during the warranty period. If the vehicle repair is performed incorrectly, the customer has the right under the conditions set forth here to have the defect removed free of charge, in a timely manner, and properly.
The contractor is not responsible for defects in items handed over to them for repair by the customer nor for defects if these defects were caused as a result of the use of items handed over to them for repair by the customer. The contractor is also not responsible for defects caused by following inappropriate instructions given by the customer if the contractor warned about the inappropriateness of these instructions and the customer insisted on their compliance or if the contractor could not detect this inappropriateness. Normal wear and tear of the vehicle or damage caused by inappropriate use of the vehicle for a purpose for which it is not intended by the manufacturer or by failing to comply with the rules and conditions set by the manufacturer for its operation and maintenance is not considered a defect. After the acceptance of the vehicle, no additional complaints regarding the quantity of fuel, the condition of the odometer, and the equipment (accessories) of the vehicle, or items left with the contractor for safekeeping can be taken into account.
The customer is entitled to assert their right from liability for defects in the repair (hereinafter referred to as "complaint") at any premises of the contractor where the acceptance of the complaint is possible with regard to the nature of the performed repair, or even at the contractor's registered office. Upon acceptance of the vehicle for the determination and removal of the defect, the contractor will issue a written confirmation to the customer, which will be signed by both parties. This confirmation is also a document of the handover and acceptance of the vehicle and a confirmation of the complaint, or a document regarding the content of the complaint, which will state, among other things, what method of complaint resolution the customer/consumer requests.
The customer is entitled to complain about the performed repair if they prove that this repair was performed by the contractor, and this is evidenced by a document of the performed repair or modification of the goods, i.e., the job sheet. If the customer does not present a document of the performed repair when making a complaint, or if it concerns normal wear and tear of the item or the warranty period has already expired, it is not considered a complaint, and the defect can only be removed for a fee based on the contract. The provisions of Article I and Article II of these GTC will apply to the removal of the defect for a fee.
If the customer is a consumer, the contractor will decide on the asserted complaint after its proper examination immediately, in more complex cases within 3 working days from the assertion of the customer's right. This period does not include the time reasonably necessary according to the type of performed repair or modification of the goods for professional assessment of the defect. Upon rejection of the complaint, the contractor will issue a written justification to the customer and invite the customer to pick up the vehicle, while in this case, the provisions of Article II, paragraphs 3 - 11 of these GTC will apply accordingly.
If the customer is a consumer, the complaint must be resolved, including the removal of the defect, without unnecessary delay, no later than 30 days from the assertion of the complaint, unless the contractor agrees with the customer on a longer period.
After the defect is removed, the contractor will issue a confirmation to the customer who is not a business entity regarding the date and method of complaint resolution.
IV. Final Provisions
Unless otherwise stipulated by these GTC, Act No. 89/2012 Coll., the Civil Code, as amended, shall apply to questions explicitly unregulated by these GTC. Deviating provisions contained in the job sheet take precedence over the provisions of these GTC. In the event that any provision of these GTC becomes invalid or ineffective, the other provisions remain unaffected. By signing the job sheet, the customer confirms that they are the owner, or lessee, or authorized user of the vehicle that is the subject of the work - repair and that they are entitled and authorized to conclude the contract for work - repair of the vehicle in full and without any further restrictions.