Business Conditions

BUSINESS TERMS & CONDITIONS

AQUALIBRIUM s.r.o.

registred office: Kaprova 42/14, 110 00 Praha 1

identification number: 09774068


  1. INTRODUCTION

The following General Business Terms and Conditions (“General Business Terms and Conditions”) regulate the relationships of parties to a purchase/license agreement entered into by and between AQUALIBRIUM s.r.o.,  Reg. No.09774068, with its registered office at Kaprova 42/14, 110 00 Praha 1, registered in the Commercial Register with the Municipal Court in Prague, File No. C 342340 (“Aqualibrium” or "Seller"), and the purchaser (“Purchaser”).

Purchaser , according to these General Business Terms and Conditions, is a natural person in the position of a consumer, or an enterprising natural person or a legal person.

Consumer is a private individual acting in a private capacity, entering into an agreement or otherwise dealing with Aqualibrium.

Entrepreneur is an individual licensed to get engaged in business on one’s own account and responsibility with an intention to generate profit on a continuous basis. For the purposes of consumer protection, an entrepreneur is (including but not limited to) an individual entering into contracts/agreements relating to the entrepreneur’s business, manufacturing or similar activities or employment; or an individual acting on behalf or on account of an entrepreneur in question. For the purposes hereof, an entrepreneur is an individual acting in compliance with the preceding sentence as part of one’s own business. By entering the registration number in the order, the entrepreneur acknowledges being in a contractual relationship with Aqualibrium considered as an entrepreneur and having been bound by the rules stipulated in the General Business Terms and Conditions for Entrepreneurs.

By creating the order, the Purchaser acknowledges having been familiarized with these General Business Terms and Conditions prior to entering into the agreement for Purchaser-consumer, namely with the representations and warranties given in Part II hereof, as well as with the Privacy Policy and Delivery Information constituting an integral part hereof, and explicitly agrees to the same in the wording valid and effective as at the moment of creating the order.

The Purchaser will obtain a General Trade Conditions (GTC) copy as an attachment of the order confirmation to the specified e-mail address. An invoice containing essential contract information, including receipts according to the registration of sales and tax records law will be provided to the customer in the form of a link to the invoice download in an electronic form and the purchaser hereby agrees with that. References to the listed documents are sent to the Purchaser’s e-mail address, which the Purchaser includes in the order.

  1. PRE-CONTRACTUAL REPRESENTATIONS AND WARRANTIES FOR PURCHASER-CONSUMER

Aqualibrium informs the Purchaser-consumer that:

  1. The cost of distance communication is subject to no additional fees (Aqualibrium charges no additional fees to the amount charged by the Purchaser’s internet/telephone provider; unlike in case of contractual deliveries).
  2. The Purchaser is required to pay the purchase price before accepting the goods from Aqualibrium or make an advance or similar payment for specific services if the same are offered by Aqualibrium and requested by the Purchaser.
  3. Aqualibrium does not enter into ongoing contracts. If such contracts are facilitated by Aqualibrium, the Purchaser is informed about the shortest binding term of such contract by the provider in question, along with the price (or method of its determination) charged in one billing period (being at all times one month if such price is constant).
  4. Unless stipulated otherwise, the license fee stipulated in a license agreement entered into for an indefinite period is agreed for the entire license term.
  5. The prices for goods and services displayed on the website operated by Aqualibrium are quoted incl. and excl. VAT, with all statutory fees (if any). Shipping costs, however, vary with reference to the selected shipping method, carrier, and payment method of an order.
  6. Purchasers-consumers can and may withdraw from the agreement (unless otherwise stipulated below) within a period of 14 days commencing on the day of:
  1. The Purchaser-consumer cannot withdraw from an agreement for the:
  1. provision of services performed by Aqualibrium with previous explicit consent of the consumer prior to the expiration of the period of notice;
  2. delivery of goods offered for the price affected by deviations in the financial market beyond Aqualibrium’s control with a potential to occur during the period of notice;

iii. delivery of goods adjusted as per the requirements/for the needs of the consumer;

  1. delivery of fast-moving consumer goods/goods irreversibly mixed with other goods after delivery;
  2. repair or maintenance carried out in a place designated by the consumer as per the consumer’s request (save for other than requested repairs/delivery of other than requested spare parts);
  3. delivery of goods in a sealed packaging removed by the consumer whereby such goods cannot be returned for hygienic reasons;

vii. delivery of audio records/video records/PC programmes whereby the original packing of such products has been broken;

viii. delivery of newspapers, periodicals and magazines;

  1. transport or leisure services provided by an entrepreneur within a defined period; and
  1. The costs incurred in association with returning the goods to Aqualibrium (withdrawn agreements)/costs of returning the goods other than by ordinary post if the nature of such goods so precludes (withdrawn agreements negotiated away from business premises) are borne by the Purchaser consumer.
  1. The consumer is required to pay a pro-rata price for services already commenced to be provided under a withdrawn agreement.
  1. Any complaints can Purchaser-consumer made by completing the contact form.
  1. AGREEMENT
  2. Execution

The order is created in the moment when the Purchaser adds the requested product (goods, services, digital content) to the cart and sends the order or using the “Buy Now” service. The Purchaser may as well enter into the agreement with the assistance of Aqualibrium customer service representatives, either by telephone or by email. The Purchaser can change the products added to the cart as well as the selected shipping and payment method, i.e. check the order details, before placing a firm order. The Purchaser is obliged to check each detail which was stated while creating the order. The purchase agreement is entered into upon the moment the Purchaser submits the order and the order in question is received by Aqualibrium whereby Aqualibrium assumes no liability for any mistakes and errors (if any) having occurred during the transfer of data. The Purchaser is informed about the executed agreement in a confirmation e-mail letter sent by Aqualibrium to the e-mail address provided by the Purchaser.

The confirmation email letter is sent along with the Aqualibrium’s General Business Terms and Conditions and Claims Code. Unless stated in the General Business Terms and Conditions otherwise, the executed agreement (incl. agreed price) may be amended or terminated only with the agreement of the parties or in cases stipulated by law.

Orders in excess of CZK 100,000 incl. VAT placed within a single transaction and/or day will be required by the Aqualibrium system to be placed using a registered user account; only user accounts used in the past to place at least one e-shop order completed under a valid agreement not prematurely terminated by the Purchaser will be allowed. If the Purchaser does not meet the above conditions, Aqualibrium has the right to cancel his order immediately.

The executed agreement is archived by Aqualibrium for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described herein.

  1. Delivery

Under the purchase agreement, Aqualibrium undertakes to deliver the goods to the Purchaser, provide the digital content/license to the Purchaser and enable the Purchaser to acquire the title/license to the goods/digital content purchased under the purchase agreement; the Purchaser undertakes to receive the goods/digital content from and pay the purchase price to Aqualibrium.

As Aqualibrium reserves the right of ownership to the goods, the Purchaser acquires the title to the goods only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licenses or services.

Aqualibrium delivers the goods to the Purchaser along with relevant documents pertaining thereto and enables the Purchaser to acquire the title to the goods/license in compliance with the agreement.

Aqualibrium meets its obligation to deliver the goods to the Purchaser by enabling the Purchaser to view and try the goods at the place of performance and informing the Purchaser thereabout in due course.

Products to be shipped by Aqualibrium are delivered to the Purchaser (entrepreneur) by submitting the goods to the first shipping company and enabling the Purchaser to claim the rights implied by the shipping agreement with the shipping company. Goods designated for Purchasers-consumers are delivered by Aqualibrium to the Purchasers-consumers only after Aqualibrium receives the goods in question from the shipping company.

If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of delivered items; unless the Purchaser rejects such items without undue delay.

Aqualibrium delivers the purchased goods to the Purchaser in the agreed amount, quality and design.

If not agreed otherwise, the goods is packed by Aqualibrium by convention; if no convention exists, the goods in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.

To minimize damage (if any) and ensure smooth delivery of goods ordered within a single transaction and/or day in excess of CZK 100,000 incl. VAT, Aqualibrium reserves the right to deliver the goods to the Purchaser only after the purchase price is paid in full. Once the purchase price is paid in full by the Purchaser, the goods are dispatched by Aqualibrium as specified by the Purchaser in the order.

  1. Risk of Damage

The goods are faulty if it lacks the agreed characteristics. The goods are deemed faulty also if the Purchaser is delivered other than the ordered goods or the documents necessary for the use of the goods in question contain defects.

The Purchaser can claim improper performance with reference to the defect inherent to the goods at that moment the risk of damage passes to the Purchaser although the defect in question becomes evident only later. The Purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of Aqualibrium’s obligation.

The Purchaser is to examine the goods, its characteristics and quantity as soon as feasible after the risk of damage to the goods passes to the Purchaser. The Purchaser is obliged to inform Aqualibrium about any detected defects and deficiencies without undue delay.

The risk of damage passes to the Purchaser upon accepting the goods in question; the same applies also to cases where the Purchaser rejects to accept the goods although having been enabled by Aqualibrium to view and try the goods.

Damage to the goods occurring after the risk of damage has passed to the Purchaser does not affect the Purchaser’s obligation to pay the purchase price unless the damage occurred as result of a breach of Aqualibrium’s obligation.

If one party is delayed in accepting the goods, the other party may and can reasonably sell the goods at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the goods. The same applies also to delays on payment where the goods cannot be accepted unless the purchase price is paid.

  1. Liability 

Aqualibrium guarantees to the Purchaser that the goods are free from defects when received by the Purchaser. In particular, Aqualibrium guarantees to the Purchaser that, at the moment the goods are received by the Purchaser:

  1. The goods have the characteristics agreed by the parties or (if no agreement is reached), the characteristics described by Aqualibrium or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertisement.
  2. The goods can be used for the purposes stated by Aqualibrium or for the purposes for which the goods of that kind are usually used.
  3. The goods are provided in the corresponding quantity, measurement or weight.
  4. The goods comply with the requirements stipulated by law.

If the goods are found faulty within six months after having been received by the Purchaser, the goods are deemed to have been faulty already when received by the Purchaser.

Unless stipulated otherwise, the Purchaser may and can claim faulty consumer goods within 24 months after receipt. This does not apply to:

  1. discount-related defects;
  2. usual wear and tear;
  3. defects caused by ordinary use or wear and tear and evident at the moment of receipt by the Purchaser; or
  4. cases implied by the nature of the case.

The Purchaser may and can claim faulty consumables (cosmetics, drugstore items, etc.) within twenty-four (24) months. If, however, a best before date is indicated on the goods, the warranty period is shortened and terminates on the date indicated on the packaging.

The Consumer acknowledges that if any gifts are received with their order, it is not possible to claim faulty gifts within 24 months of their receipt. The Consumer may and can claim faulty gifts only within 14 days of their receipt. The Entrepreneur cannot claim faulty gifts.

The warranty periods are stipulated in the Claims Code.

Improper performance cannot be claimed if the Purchaser was aware about the defect before accepting the goods or if the defect in question was caused by the Purchaser.

Discounted/used goods found faulty can and may be subject to a reasonable discount rather than replacement.

  1. Material Breach

If improper performance occurs within the specified period and constitutes a material breach of the agreement, the Purchaser may and can:

  1. have the defect removed by being delivered a new defect-free goods or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the Purchaser can only claim that the component part in question be replaced; if such is not feasible, the Purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the Purchaser may and can have the defect removed for free;
  2. have the defect removed by repair;
  3. be given a reasonable discount on the purchase price; or
  4. withdraw from the agreement.

When claiming the defect in question, the Purchaser informs Aqualibrium as to which of the aforementioned options the Purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Aqualibrium; with the exception of a defect requested by the Purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Aqualibrium within a reasonable period or if the Purchaser is informed by Aqualibrium that the defects in question will not be removed, the Purchaser may and can claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.

If the Purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply – see below.

In addition to cases where Aqualibrium cannot deliver a new defect-free goods, replace the component part or repair the goods, Purchasers-consumers may and can claim a reasonable discount also in cases where Aqualibrium fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the Purchaser.

  1. Immaterial Breach

If improper performance constitutes other than material breach, the Purchaser may and can have the defect removed or be given a reasonable discount on the purchase price.

Unless the Purchaser claims the discount on the purchase price or withdraws from the agreement, Aqualibrium may deliver the missing parts or remove the legal defect. Other defects can be removed at Aqualibrium's discretion either by repair or delivery of a new goods.

If Aqualibrium fails to remove the defect in due course or refuses to remove the defect, the Purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Aqualibrium.

  1. General Breach

The Purchaser may claim to have the defect removed by being delivered a new thing or a replaced component part also in cases where the defect can be removed but the goods cannot be used because of a repeated occurrence of the defect after repair (third claim of the same defect) or a larger number of defects (at least three defects at the same time).In such cases, the Purchaser may and can withdraw from the agreement.

If being delivered a new goods, the Purchaser returns the original goods back to Aqualibrium (along with all accessories delivered together with the goods itself) and does so at Aqualibrium’s cost.

Purchasers failing to report the defect without undue delay after the defect could have been identified by the Purchaser had the goods been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been identified by the Purchaser had the goods been examined with sufficient care, however, not later than within two years after the goods have been delivered to the Purchaser.

  1. Quality Warranty

In providing the quality warranty, Aqualibrium undertakes that the goods in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the warranty period or best before date indicated on the packaging or advertised. The warranty may as well be arranged with reference to individual component parts of the goods.

The warranty period commences on the day the goods are delivered to the Purchaser. If the goods are to be shipped to the Purchaser as agreed in the agreement, the warranty period commences only on the day the goods are shipped to the designated place. If the purchased goods are to be put into operation by a party other than Aqualibrium, the warranty period commences only on the day the goods are put into operation, provided that the respective service of putting the goods into operation is ordered by the Purchaser no later than within three weeks after the goods are received and that necessary assistance and co-operation of the Purchaser to render this service are provided.

The Purchaser cannot claim warranty with reference to a defect caused by outer circumstances after the risk of damage has passed to the Purchaser.

  1. PRICES AND PAYMENT METHODS 

The prices are contract prices. Prices quoted on-line in the Aqualibrium e-shop are always up to date, valid, and listed in Czech crowns (CZK), with the exception of cases when the wrong price is stated as stipulated in the provisions below in this article.

Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the Purchaser-consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the Purchaser).

If Aqualibrium has purchased the goods from a non-VAT payer and offers them in the used, new, or unpacked category, the price of the goods is calculated net of VAT in accordance with the provisions of Art. § 90 of Act no. 235/2004 Coll., On Value Added Tax. The Purchaser acknowledges that this fact may be reflected in the invoice for the order in question.

The Purchaser acknowledges that the final prices for products are given after rounding to whole crowns in accordance with the relevant legislation, so in specific situations, the final sum of all purchased products may differ minutely from the purchase price originally indicated. This may happen due to rounding to whole crowns. Detailed breakdown of purchase price, incl. hellers is always listed in the buyer's cart.

Aqualibrium accepts the following methods of payment.

Unless paid in full and received, the goods remain the property of Aqualibrium. The risk of damage passes to the Purchaser upon receipt.

Once the order is placed, the billing details of the Purchaser cannot be edited.

Aqualibrium reserves the right to offer only some methods of payment to the Purchaser and do so at its own discretion.

Under the Sales Registration Act, Aqualibrium is required to provide the customer with a receipt and register the sale with the tax office online; in the case of technical difficulties, this may be done within 48 hours after the sale has been completed.

In the case of payment by credit card at the store, the Purchaser is obligated to conceal his credit card information and his PIN code.

Refunds

If the Purchaser withdraws from a concluded contract with Aqualibrium, or if the Purchaser is refunded for any other reason, Aqualibrium will return the funds received from him/her under the purchase agreement in the same manner. The Purchaser is responsible for providing the correct and accurate data for the refund, which the Purchaser communicates to Aqualibrium if it is not possible to return the funds in the same way as the payment for the order (eg the customer paid in cash at the store or courier, the customer's payment card expired and Aqualibrium does not have other payment details of the Purchaser), or in the event that Aqualibrium, at its own discretion, complies with the Purchaser’s request to change the method of refund.

  1. WITHDRAWAL

If the withdrawal concerns a device on which the Purchaser has stored some personal data, Aqualibrium recommends that the Purchaser back up his/her personal data and then delete it from the device.

  1. Withdrawal by the Purchaser-Consumer

Consumers may and can withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:

  1. receiving the goods (purchase agreements);
  2. receiving the last delivery (agreements for the purchase of several types of goods/delivery of several parts); or
  3. receiving the first delivery (ongoing contracts).

Consumers may withdraw from the agreement by completing and submitting the form; once submitted, the completed form is confirmed as received by Aqualibrium in writing without undue delay.

Consumers may withdraw from the agreement also by sending a notice of withdrawal to:

AQUALIBRIUM s.r.o.

registred office: Kaprova 42/14, 110 00 Praha 1

identification number: 09774068

If the Purchaser-Consumer withdraws from the agreement, then is obliged to return to Aqualibrium the goods delivered by Aqualibrium and do so at consumer’s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.

The goods are to be returned by the Purchaser-Consumer complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the Purchaser. Any fuel tanks returned as part of the returned goods must be returned empty.

Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the Purchaser-Consumer undamaged, unused and in the original packaging.

Purchasers-Consumers deciding to withdraw from the agreement in the given period are recommended by Aqualibrium to send the goods to Aqualibrium’s address along with a cover letter incl. the reason for withdrawal (not necessary), reference number of the proof of purchase and number of bank account so that the case can be addressed without delay.

Purchasers-Consumers are liable to Aqualibrium for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.

In the event of cash reimbursement, Aqualibrium may require that the Purchaser-Consumer present his/her ID card (passport or passport) in order to prevent any potential damages or money laundering. If the Purchaser-Consumer fails to present either of these documents, Aqualibrium may refuse to make a reimbursement.

Purchasers-Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Aqualibrium without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement. If Aqualibrium is entitled to compensation for the reduction in the value of the goods, this will be included in the Purchaser-Consumer's claim for a refund of the purchase price.

Purchasers-Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Aqualibrium or after the Purchaser-Consumer prove that the goods have been sent to Aqualibrium. The Purchaser-Consumer is obliged to return the goods to Aqualibrium without undue delay after withdrawal from the contract, but no later than within 14 days.

  1. Withdrawal by the Purchaser-entrepreneur and in other cases

The Purchaser-entrepreneur is not allowed to withdraw from the purchase agreement if the price of the purchased goods exceeds 50,000 CZK incl. VAT or in the case of a graphics card purchase.

If allowed to withdraw from the purchase agreement, the Purchaser-entrepreneur acknowledges that the purchase price paid may and can be refunded less the reduced value of the goods in question.

Compensation for the reduction in the value of the goods or compensation for the costs of reintroduction of the goods for sale will be included in the returned purchase price to the Purchaser-entrepreneur.

If the goods in question cannot be returned in the condition originally received by the Purchaser-entrepreneur, the agreement cannot be withdrawn or delivery of a new goods claimed. This does not apply if:/p>

  1. The condition changed due to the inspection of the goods for defects.
  2. The goods were used by the Purchaser-entrepreneur before the goods were found defective.
  3. The goods cannot be returned in the original condition for reasons other than beyond control (willful act or neglect) of the Purchaser-entrepreneur. OR
  4. The goods were sold by the Purchaser-entrepreneur before the goods were found defective, consumed by the Purchaser-entrepreneur or altered by the Purchaser-entrepreneur in ordinary use. If only a part of the goods were used and Aqualibrium allows the Purchaser-entrepreneur to withdrawn from the purchase agreement, consumed or altered, the Purchaser-entrepreneur returns to Aqualibrium everything that can be returned and compensates Aqualibrium up to the amount of benefit received from using the goods.
  5. If the Purchaser-entrepreneur does not report the defect in the period, the Purchaser-entrepreneur loses the right to withdraw from the agreement.

In order to protect the rights of the Purchaser-entrepreneur if the Purchaser is a legal entity and will require payment of a credit note in cash directly at the Aqualibrium branch, then the relevant amount will be transferred only to persons authorized to act on behalf of the legal entity, ie. to a statutory body, or to a person who is presented with a certified power of attorney, or to a person who is listed as the “administrator” in the buyer's profile at www.aqualibrium.cz. and proves themselves by an identity card.

  1. Withdrawal from an agreement by Aqualibrium in case of pricing errors

Except for cases stipulated by law, Aqualibrium is entitled to withdraw from the contract in case of an obvious pricing error.

Aqualibrium can and may withdraw from the contract pursuant to this point within 14 days of the day following the date of conclusion of the purchase agreement between the Purchaser and Aqualibrium by Aqualibrium canceling the order or by otherwise indicating to the Purchaser that it is withdrawing from the agreement.

If the Purchaser has paid at least part of the purchase price of the goods, this amount will be transferred back to his/her bank account no later than 14 days from the day following the date of withdrawal from the contract by Aqualibrium.

  1. TRANSPORT AND DELIVERY
  2. Options of delivery

Aqualibrium delivers the goods in co-operation with a shipping company.

Individual shipping options are offered according to the current availability of individual services and with regard to capacity and range. In case of force majeure or IT system disruption, Aqualibrium assumes no liability for late delivery of goods.

  1. Other conditions

If the Purchaser is collecting an order that has been paid in advance on-line, the Purchaser shall present an identification PIN code, which Aqualibrium will send to the phone number stated by the Purchaser in his/her order. The Purchaser is obligated to ensure that this PIN code is not disclosed to any other person and is not misused in any other way.

To prevent damage/legitimization of proceeds of crime (if any), Aqualibrium or Aqualibrium’s contractual partners may and can request that the goods paid in advance be collected against a valid identity document (ID card, passport). Unless the said document is presented, the goods in question may and can be refused by Aqualibrium or Aqualibrium’s contractual partners to be collected. This right arises with the provisions of Art. § 2900 of the Civil Code, which stipulates the duty of prevention and precaution.

If not collected personally at the store, goods purchased by Purchasers being VAT payers at the moment of purchase and invoiced with a 0% VAT rate will be obligatorily delivered to the central office or business premises registered in the Commercial Register, Register of Trade or a similar register.

When receiving the goods from the shipping company, the Purchaser – along with the shipping company representative – is to properly and thoroughly inspect the delivery (namely the number of packages, undamaged sealing tape bearing the company logo and undamaged packaging) as per the enclosed delivery note. The Purchaser may refuse to accept the delivery shipped contrary to the purchase agreement, for instance with reference to incomplete or damaged delivery. If accepting the damaged delivery from the shipping company, the Purchaser is to describe the damage in the delivery note of the shipping company.