Terms and Conditions

1. Introductory Provisions

1.1. These framework business conditions govern the rights and obligations between the company AM Fenix s. r. o. as the Customer and a natural person – entrepreneur or a legal entity as the Contractor in the performance of electrical installation, assembly, auxiliary and related works.

1.2. These conditions form an integral part of every purchase order, job confirmation, framework cooperation agreement, contract for work or any other agreement concluded between the Customer and the Contractor.

1.3. If a separate written contract is concluded between the Customer and the Contractor and its provisions differ from these conditions, the provisions of the individual contract shall take precedence.

2. Contracting Parties

2.1. Customer:
AM Fenix s. r. o.
Business ID (IČO): 53317262
Tax ID (DIČ): 2121389831
Registered office: Parková 686/28, 922 05 Chtelnica
E-mail: amfenixsro@gmail.com
Tel.: +421 948 749 111
Web: www.amfenix.sk

2.2. Contractor:
A natural person – entrepreneur or a legal entity that performs the agreed works for the Customer on the basis of a purchase order, a contract for work or a framework agreement.

2.3. The Contractor declares that it is authorized to perform the agreed works in its own name and at its own responsibility, and that it holds the necessary permits, professional qualifications, technical equipment and personnel capacity, if required for the proper performance of the job.

3. Subject of Cooperation

3.1. The subject of cooperation primarily includes the performance of electrical installation works, installation of cable trays, installation of switchboards, auxiliary assembly activities, installation of photovoltaic systems and other works according to the Customer's instructions or according to a specific job.

3.2. The Contractor performs the works personally or through its employees, if the contract or purchase order so permits; the Contractor is fully responsible for their activities as if it performed the works itself.

3.3. The Contractor acknowledges that the Customer also carries out jobs abroad, including in Germany, and that special conditions may therefore apply regarding the performance of works, job organization, working hours, communication and documentation.

4. Creation of a Job

4.1. Individual jobs are assigned primarily by means of a written or e‑mail purchase order, message, confirmation of price conditions, or by signing a separate contract.

4.2. A job is bindingly accepted at the moment the Contractor expressly confirms the order, commences work performance, or begins performing acts aimed at implementing the job.

4.3. The Customer is entitled, within a reasonable scope, to change the job specification, technological procedure, schedule or place of performance, if this results from the requirements of the end client, the technical condition of the construction site or the project organization; any impact on price and deadline shall be resolved by mutual agreement of the parties.

5. Contractor's Obligations

5.1. The Contractor is obliged to perform the works properly, on time, professionally, independently, with due care and in compliance with legal regulations, technical standards, safety regulations, project documentation and the Customer's instructions.

5.2. The Contractor is obliged to hold all necessary permits, certificates, training and qualifications required for the performance of the agreed works; upon the Customer's request, the Contractor is obliged to demonstrate them without delay.

5.3. The Contractor is obliged to comply with occupational health and safety (OHS) rules, fire protection rules, site access rules, internal rules of the construction site owner or end client, and to use prescribed personal protective equipment.

5.4. The Contractor is obliged to keep records of hours worked, works performed, materials used or other data, if required by the Customer or by the specific job.

5.5. Without the prior consent of the Customer, the Contractor may not entrust the performance of the job to another person, take over communication with the end client in its own name, nor agree on ancillary works directly with the Customer's end client.

5.6. The Contractor is obliged to immediately notify the Customer of all circumstances that may affect the deadline, quality or safety of the works being performed.

6. Customer's Obligations

6.1. The Customer is obliged to provide the Contractor with the necessary job specification, basic instructions, information on the place of performance and documentation that it has available and that is necessary for the implementation of the job.

6.2. The Customer is obliged to confirm the agreed price conditions, invoicing method and any specific job requirements, especially in the case of work performed abroad, travel costs, accommodation or a special invoicing regime.

6.3. The Customer is obliged to pay the Contractor the price for works properly and timely performed in accordance with the agreed conditions.

7. Price and Invoicing

7.1. The price for the works performed may be agreed primarily as an hourly rate, a task-based rate, or a combination of these methods; the exact conditions must be specified in the purchase order, contract or job confirmation.

7.2. Unless otherwise agreed, the Contractor is entitled to invoice after the relevant period has been worked, upon completion of a stage, or after delivery of the agreed part of the works, on the basis of an approved bill of quantities or work report.

7.3. The invoice must contain all statutory particulars. If the invoice does not contain these particulars or is not in accordance with the agreed conditions, the Customer is entitled to return it for correction; the payment period shall begin to run only upon delivery of the corrected invoice.

7.4. The invoice payment term is 14 days from the date of its delivery to the Customer, unless otherwise agreed for a specific job.

7.5. The Customer is entitled to withhold a reasonable part of the price or refuse payment of that part of the invoice that corresponds to defectively performed, unfinished or unapproved works.

8. Place of Performance, Transport and Accommodation

8.1. The place of performance is specified in the purchase order or in the Customer's instructions and may be located within the Slovak Republic or abroad.

8.2. If the works are performed outside the Contractor's usual place of operation, the conditions for transport, accommodation, business trips or provision of tools shall be determined by a separate agreement.

8.3. Unless expressly agreed otherwise, the Contractor bears its ordinary operating costs, work tools and personal equipment necessary for the performance of the works.

9. Inspection of Works and Handover

9.1. The Customer is entitled to continuously inspect the quality, scope, pace and manner of the Contractor's work performance.

9.2. If the Customer identifies deficiencies, it is entitled to request the Contractor to remedy them within a reasonable period. The Contractor is obliged to remedy the deficiencies without undue delay and at its own cost, if it is responsible for their occurrence.

9.3. The works are considered handed over at the moment of their acceptance by the Customer, by signing a handover protocol, confirming a work statement or by any other verifiable confirmation that the relevant stage has been properly performed.

10. Liability for Defects and Damage

10.1. The Contractor is liable that the works performed will have the agreed properties, will be performed professionally and will be free of defects.

10.2. The Contractor is liable for any damage caused to the Customer or a third party as a result of breach of its obligations, in particular through unprofessional performance, violation of OHS rules, or damage to equipment, materials or the construction site.

10.3. If, as a result of the Contractor's defective performance, the Customer suffers damage, a claim from the end client, a contractual penalty or an obligation to carry out repairs, the Contractor is obliged to compensate such damage to a reasonable extent.

10.4. The Contractor is obliged to immediately remedy defects in its work, even after a notice from the Customer; if it fails to do so, the Customer is entitled to have the defects remedied by a third party at the Contractor's expense.

11. Confidentiality and Non‑Circumvention

11.1. The Contractor is obliged to maintain confidentiality regarding all facts relating to the Customer's business activities, its pricing, customers, partners, technical solutions, projects and internal procedures with which it becomes familiar during the cooperation.

11.2. The Contractor undertakes not to, without the prior written consent of the Customer, directly or indirectly contact the Customer's end clients for the purpose of obtaining a job for itself or for another person, nor to offer them its own services outside the scope of the cooperation.

11.3. Breach of the obligations under this Article shall be considered a material breach of contract and may give rise to the Customer's claim for damages and a contractual penalty, if agreed.

12. Duration of Cooperation and Termination

12.1. The cooperation may be concluded for a fixed term, an indefinite period, or for the duration of a specific job, depending on what follows from the specific contract or purchase order.

12.2. The Customer is entitled to immediately terminate the cooperation or cancel a specific job if the Contractor materially breaches its obligations, in particular if it repeatedly performs work poorly, violates OHS rules, is late without justifiable reason, or damages the Customer's reputation.

12.3. The Contractor is entitled to terminate the cooperation in accordance with the contract, while it is obliged to complete ongoing activities or enable their proper handover so that no damage arises on the Customer's side.

13. Final Provisions

13.1. These conditions are governed by the legal order of the Slovak Republic.

13.2. Legal relationships not regulated by these conditions or by an individual contract shall be governed in particular by the relevant provisions of the Commercial Code and related legal regulations.

13.3. If any provision of these conditions becomes invalid or unenforceable, this shall not affect the validity of the remaining provisions.

13.4. These conditions shall become effective on the date of their approval by the Customer.