GENERAL TERMS & CONDITIONS
EAST BALANCE s.r.o.
(DBA “SMALL BATCH TOOLS”)
Effective Date: 1 July 2020
Amended and Restated: 1 September 2025
1. Seller Identification and Legal Framework
Legal Entity: EAST BALANCE s.r.o.
Registered Address: Vladislavova 250, Pražské Předměstí, 397 01 Písek, Czech Republic
Company ID (IČO): 07642971
Registered with: Regional Court in České Budějovice, Section C, Insert 28198
Website: www.smallbatchtools.com
Contact Email: info@smallbatchtools.com
These General Terms & Conditions (“Terms”) are issued pursuant to §1751 et seq. of Act No. 89/2012 Coll., Civil Code of the Czech Republic.
For B2B relationships, contractual relations are governed primarily by the Civil Code (Act No. 89/2012 Coll.) and relevant commercial provisions.
For B2C relationships, mandatory consumer protection provisions of the Civil Code apply only to the extent they cannot be contractually excluded.
These Terms apply to all deliveries of machines, tools, parts, custom-developed products, services, training programmes, digital content, documentation, transport, travel-related services, and related works provided by the Seller.
2. Contract Formation
- The Seller issues written offers upon request.
- A contract is concluded only upon written confirmation of the Buyer’s order by the Seller.
- Any Buyer terms are excluded unless expressly accepted in writing by the Seller.
- Verbal agreements are not binding unless confirmed in writing.
3. Scope of Deliveries and Custom Works
The Seller supplies both standard and custom products, including but not limited to: machines, tooling, parts, prototypes, test series, markings, adaptations, and custom developments.
All custom works (including development, part production, trials, testing, adaptations, marking, engraving, software or hardware modifications) are:
- performed solely upon the Buyer’s written request and written approval,
- executed entirely at the Buyer’s risk,
- non-cancellable, non-returnable, and non-refundable,
- fully chargeable regardless of final usability, outcome, or commercial success.
The Buyer bears full responsibility for technical specifications, suitability, compliance, and intended use of custom works.
4. Prices, Payment and Financial Security
- Prices exclude VAT, duties, taxes, customs charges, logistics, insurance, travel, accommodation, and third-party costs unless explicitly stated otherwise.
- Payment is due within 7 calendar days unless agreed otherwise in writing.
- Payment is deemed completed only upon crediting the Seller’s bank account.
- Advance payments may be required at the Seller’s discretion.
- Any delay in payment entitles the Seller to suspend deliveries or services.
- Claims or complaints do not entitle the Buyer to withhold payment.
5. Delivery, Shipping, Incoterms and Customs
- Unless expressly agreed otherwise in writing, deliveries are made under DAP – Delivered at Place (Incoterms® 2020).
- DDP – Delivered Duty Paid (Incoterms® 2020) may be offered only upon explicit written request and written confirmation by the Seller.
- EXW – Ex Works (Incoterms® 2020) is not a standard delivery option and may be accepted only exceptionally, at the Seller’s sole discretion.
Under all Incoterms:
- Risk of damage passes in accordance with the applicable Incoterm.
- The Seller may deliver in partial shipments.
- The Buyer bears all import duties, taxes, inspections, and clearance costs unless explicitly agreed otherwise.
Any customs clearance, export documentation, administrative services, or coordination performed by the Seller (including under EXW or by special arrangement) are chargeable. All such costs must be paid in full prior to goods collection or dispatch, based on an issued invoice.
6. EUR.1 and REX Certificates
The Seller expressly reserves the unrestricted right to refuse issuance of EUR.1 certificates, REX statements, or any preferential origin documentation, without the need to state reasons.
Any request for EUR.1 or REX documentation must be submitted at least three (3) months in advance and is subject to feasibility, supplier declarations, administrative capacity, and legal compliance.
Issuance of such documentation is never guaranteed. All related costs are borne by the Buyer.
7. Retention of Title
- Ownership transfers only upon full payment of all amounts due.
- Until ownership transfers, the Buyer may not pledge, resell, modify, or encumber the goods.
- If goods are resold prior to payment, the Buyer’s receivable is pledged to the Seller.
- If goods are incorporated into another product, the Seller acquires proportional ownership.
8. Warranty, Defects, Returns and Waivers
To the maximum extent permitted by law:
- Warranty applies solely to manufacturing defects existing at the time of risk transfer.
- Custom products, services, software, digital content, training, and development works are supplied without warranty.
- The right of withdrawal and return is excluded for B2B contracts.
- For B2C contracts, statutory consumer rights apply only where legally mandatory.
- Minor defects do not constitute grounds for rejection.
9. Training, Services and Digital Content
Training programmes, workshops, consulting, and digital content are provided as services. Access to digital content is granted upon payment and is non-transferable.
Cancellations, rescheduling, or refunds are governed by the Seller’s specific cancellation policies, if published, otherwise no refund applies.
10. Liability and Force Majeure
- The Seller is liable only for damage caused intentionally or by gross negligence.
- Loss of profit, indirect damages, and business interruption are excluded.
- Force majeure includes export restrictions, permit denial, regulatory changes, and supply chain disruptions.
- Payment obligations are not suspended by force majeure.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the Czech Republic. All disputes shall be resolved by courts competent for the Seller’s registered address, unless mandatory consumer law provides otherwise.
12. Amendments
The Seller may amend these Terms at any time. The amended version becomes effective upon publication on www.smallbatchtools.com.
Version 2.1 – last updated 1 September 2025