GENERAL TERMS AND CONDITIONS

Article 1

Contracting Parties and Scope of Application

1.1 Scope of Application

These General Terms and Conditions (hereinafter the "GTC") govern the rights and obligations between AJM Fu s.r.o. (hereinafter the "Intermediary") and business entities (hereinafter the "Customer").

These GTC apply exclusively to business-to-business relationships governed by the Slovak Commercial Code.

These GTC do not apply to consumers.

By signing a contract or an order, or by paying a proforma (advance) invoice, the Customer confirms that it is acting within the scope of its business activity.

1.2 Status of the Intermediary

In individual business cases, AJM Fu s.r.o. may act:

a) as an intermediary, b) as a distributor, c) as a seller, d) as a supplier.

Where AJM Fu s.r.o. is named as a contracting party in the order, invoice, price quotation or individual contract, it shall be deemed, for that particular business case, the seller or supplier to the extent of the rights and obligations arising from the contract concerned.

1.3 Financial Products

AJM Fu s.r.o. does not provide financial advisory services within the meaning of Act No. 186/2009 Coll. Any recommendations concerning leasing, loans or financing are of an informative nature only.

Article 2

Definitions

Supplier – the manufacturer or distributor of the products.

Gastrotrailer – a mobile gastronomic unit, including its technology and equipment.

Custom order – bespoke manufacture according to an individual specification.

Handover protocol – the document confirming acceptance of the goods.

Business day – any day other than a Saturday, Sunday or public holiday in the Slovak Republic.

Article 3

Formation of the Contractual Relationship

3.1 Conclusion of the Contract

The contractual relationship is formed:

a) by signing the contract, b) by confirming the price quotation by e-mail, c) by payment of the proforma (advance) invoice.

3.2 Binding Nature of the Order

Payment of the first advance constitutes:

confirmation of the order,
reservation of produc
tion capacity, acceptance of these GTC.

3.3 Change of Specification During Production

If the Customer requests a change to the technical specification during production, the Intermediary shall be entitled to:

a) extend the delivery date accordingly, b) adjust the contract price, c) require payment of the additional costs incurred.

Changes become binding only upon written confirmation.

Article 4

Price and Payment Terms

4.1 Price

All prices are stated exclusive of VAT unless expressly stated otherwise.

4.2 Price Escalation Clause

f, after confirmation of the order, costs increase in respect of:

materials, technology and equipment, transport, energy, exchange rate differences,

by more than 5%, the Intermediary shall be entitled to adjust the price accordingly.

The Customer must be informed of any price adjustment without undue delay.

4.3 Payment Schedule

1st advance payment — 40% 2nd instalment — 40% Final balance — 20%

The Intermediary may suspend production until any due invoice has been paid.

Article 5

Delivery of Goods

5.1 Delivery Periods

Delivery periods are indicative.

The following shall not be deemed a delay attributable to the Intermediary, where caused by:

the manufacturer, subcontractors, type approval / homologation, customs proceedings, shortage of components, logistics disruptions, force majeure, a change of specification requested by the Customer.

Such an extension gives rise to no claim for damages and no right to withdraw from the contract.

5.2 Failure to Take Delivery

If the Customer fails to take delivery of the goods by the agreed date, a storage fee of EUR 30 for each commenced day of storage shall accrue after the expiry of 7 days.

The Intermediary is entitled to arrange storage at the Customer's expense.

5.3 Manufacturing Tolerances

In the case of bespoke manufacture, the following shall not be deemed defects:

dimensional deviations of up to ±3%,
variations in the shade of materials,
substitution of components with components of equivalent or higher quality where the original components are unavailable.

Article 6

Transfer of Title and Risk of Damage

6.1 Retention of Title

Title to the goods passes to the Customer only upon full payment of the entire purchase price, including all related costs.

Until payment is made in full, the goods remain the exclusive property of AJM Fu s.r.o.

6.2 Risk of Damage

The risk of accidental damage to or destruction of the goods passes to the Customer:

a) upon signature of the handover protocol, or
b) at the moment when the Customer became obliged to take delivery of the goods.

6.3 Default in Payment

If the Customer is in default with the payment of any due receivable for more than 14 days, the Intermediary shall be entitled to:

a) suspend production,
b) suspend delivery,
c) withdraw from the contract,
d) demand the return of the goods.

6.4 Restrictions Prior to Full Payment

Until the price has been paid in full, the Customer may not:

transfer title to the goods, create a lien or pledge over the goods, lease the goods to a third party, use the goods as security for any obligation.

Article 7

Warranty and Complaints Procedure

7.1 Warranty Period

Unless stated otherwise: gastrotrailer: 12 months, premium warranty: 24 or 36 months, technology and equipment: as provided by the manufacturer, accessories: 6 months.

7.2 Warranty Conditions

The Customer is obliged to:

a) carry out the prescribed maintenance,
b) comply with the manufacturer's instructions,
c) retain the service documentation.

7.3 Lapse of Warranty

Warranty claims lapse in particular where:

a) the prescribed maintenance has not been carried out,
b) maintenance cannot be evidenced,
c) unprofessional intervention has been performed,
d) non-original components have been used without the supplier's consent,
e) the goods have been used contrary to their intended purpose.

7.4 Warranty Exclusions

The warranty does not cover:

normal wear and tear, consumables, seals and gaskets, light bulbs, filters, gas hoses, cosmetic defects, damage caused by transport after acceptance, vandalism, natural disasters, improper handling.

7.5 Filing a Complaint

A complaint must contain: identification of the Customer, the invoice number, the VIN or serial number, a description of the defect, photographic documentation.

7.6 Inspection of the Defect

The Customer is obliged to allow inspection of the claimed defect.

If inspection is not permitted, the complaint may be rejected.

7.7 Prohibition of Self-Help Repairs

Without the prior written consent of the Intermediary, the Customer is not entitled to carry out repairs or interventions in respect of the claimed defect.

Any such intervention may result in the lapse of warranty claims.

7.8 Settlement of Complaints

The Intermediary shall determine the method of settling a complaint according to the nature of the defect:

a) by repair,
b) by replacement of the part,
c) by an appropriate price reduction,
d) by another suitable remedy.

Complaints are normally settled within 45 days.

Article 8

Obligations of the Customer

The Customer is obliged to:

a) pay the price duly and on time,
b) take delivery of the goods,
c) use the goods in accordance with the instructions,
d) ensure maintenance, e) retain service records,
f) notify any defects identified without undue delay,
g) provide the necessary cooperation.

Article 9

Cancellation and Withdrawal from the Contract

9.1 Custom Manufacture

In the case of bespoke manufacture, the Customer has no right to unilaterally withdraw from the contract after payment of the first advance.

9.2 Cancellation Fee

In the event of cancellation of the order, the cancellation fee amounts to a minimum of 40% of the order price.

The Intermediary is further entitled to claim reimbursement of demonstrably higher costs incurred in connection with: production, procurement of technology and equipment, logistics, reservation of production capacity.

9.3 Material Breach of Contract

Prior to withdrawing from the contract, the withdrawing party is obliged to grant a remedy period of at least 15 business days.

Article 10

Sanctions and Contractual Penalties

10.1 Default in Payment

In the event of default in payment, the Customer is obliged to pay a contractual penalty of 0.1% of the outstanding amount per day.

10.2 Failure to Take Delivery

Where the Customer fails to take delivery without good cause, the Intermediary is entitled to:

a) the storage fee under Article 5.2, b) compensation for the damage incurred.

10.3 Compensation for Damage

Application of a contractual penalty does not exclude the right to compensation for damage exceeding the amount of the penalty.

Article 11

Confidentiality, Trade Secrets and Marketing References

11.1 Duty of Confidentiality

The contracting parties undertake to maintain confidentiality regarding all confidential information obtained during the business relationship.

Confidential information includes in particular: pricing terms, technical documentation, production procedures, business strategies, know-how, customer lists, supplier relationships.

11.2 Duration of Confidentiality

The duty of confidentiality applies for the duration of the contractual relationship and continues after its termination without time limitation.

11.3 Exceptions

Disclosure of information shall not constitute a breach of confidentiality where made:

a) on the basis of a statutory obligation,
b) to a court,
c) to the tax authorities,
d) to public authorities.

11.4 Marketing References

AJM Fu s.r.o. is entitled to use photographs, video recordings and basic information about a completed project for marketing purposes.

This may include in particular: websites, social media, printed materials, presentations, advertising campaigns.

The following will not be published: prices, commercial terms, internal technical solutions, confidential customer data.

11.5 Business Name and Logo

The Customer grants consent to the use of its business name, logo and a basic project reference, unless such consent is revoked in writing.

Article 12

Protection of Personal Data

12.1 Data Processing

AJM Fu s.r.o. processes the personal data of the Customer's contact persons solely to the extent necessary for: conclusion of the contract, performance of the contract, handling of complaints, compliance with statutory obligations.

12.2 Legal Basis

The legal basis for processing is:

a) performance of the contract,
b) legitimate interest,
c) compliance with legal obligations.

12.3 Rights of Data Subjects

Data subjects have the rights set out in the GDPR and Act No. 18/2018 Coll. on the Protection of Personal Data.