1.1 These General Terms and Conditions (the “Terms”) govern the rights and obligations between TomakoTrade s.r.o. (“TomakoTrade”) and the customer in the sale of new and nearly new commercial vehicles, in the manufacture and installation of bodies and in custom vehicle conversions, in long-term vehicle rental and in the provision of road freight transport.
1.2 The Terms form an integral part of every purchase contract, contract for work, lease agreement or contract of carriage concluded between TomakoTrade and the customer. Deviating provisions in the contract take precedence over the Terms.
1.3 The customer is a business, a municipality or another public-law corporation, or a consumer. Provisions intended exclusively for consumers are expressly marked in the Terms and do not apply to businesses.
1.4 Tipper bodies are manufactured by the sister company BuildTruck s.r.o. The customer’s contracting party is always TomakoTrade, which is responsible for the entire order.
2.1 The TomakoTrade website is not an online shop. The presentation of vehicles, bodies, prices and availability on the website is for information only and does not constitute an offer to conclude a contract within the meaning of Section 1732(2) of the Czech Civil Code.
2.2 The configurator on the website is used to put together a preliminary specification of the vehicle and body. Its output, including the indicative price, weights and dimensions, is non-binding and is based on the chassis manufacturers’ data valid at the time of configuration. Only a written offer from TomakoTrade is binding.
2.3 By sending an inquiry from the configurator, from the contact form or from a vehicle in stock, the customer does not place an order and the inquiry has no consequences for the customer. TomakoTrade will assess the inquiry and will normally contact the customer within 24 hours on working days.
2.4 An offer from TomakoTrade is valid for 30 days from being sent, unless stated otherwise in it. Chassis prices follow the price lists of manufacturers and dealers, and TomakoTrade reserves the right to adjust the offer if the manufacturer or dealer changes the chassis price before the contract is concluded.
3.1 The contract is concluded when a written contract is signed by both parties, or when TomakoTrade confirms the customer’s order in writing (e-mail is sufficient). The contract includes the specification of the vehicle and body, the price, the payment terms and the indicative delivery date.
3.2 Changes to the specification after the contract is concluded are possible only by written agreement. TomakoTrade will inform the customer of the impact of the change on the price and date. Changes requiring work on a body already in progress may be charged according to the costs actually incurred.
3.3 The customer is responsible for the accuracy of the information provided for the order, in particular for the required purpose of use, the required payload and the technical data of the customer’s own chassis, if supplied for conversion.
4.1 Prices are stated in EUR excluding VAT, unless expressly stated otherwise. VAT at the statutory rate applicable on the date of the taxable supply is added to the agreed price.
4.2 For custom production and for vehicles ordered from the manufacturer, the customer pays an advance in the amount agreed in the contract, normally 30 % of the price, on the basis of an advance invoice. The balance of the price is due before handover of the vehicle, unless agreed otherwise. TomakoTrade is not obliged to hand over the vehicle until the full price has been paid.
4.3 Ownership of the vehicle and body passes to the customer only upon full payment of the price. The risk of damage to the vehicle passes to the customer upon taking over the vehicle.
4.4 If the customer is in default of payment, TomakoTrade is entitled to claim default interest at the statutory rate and to suspend work on the order. The delivery date is extended by the period of the default.
4.5 Financing by loan or leasing is arranged by the customer with its financing company. TomakoTrade will provide the documents required for the financing.
5.1 The delivery date is indicative and depends on delivery of the chassis by the manufacturer or dealer and on deliveries of body components. TomakoTrade will inform the customer of any change of the date without undue delay. A delay by the chassis manufacturer is not a delay by TomakoTrade.
5.2 The vehicle is handed over at TomakoTrade’s premises in Liberec, unless transport to the customer has been agreed. A handover report is drawn up. The customer is obliged to inspect the vehicle upon taking it over and to record any obvious defects in the report.
5.3 If the customer does not take over the vehicle within 14 days of being invited to do so, TomakoTrade is entitled to charge storage costs and, after the fruitless expiry of an additional period, to withdraw from the contract.
5.4 Together with the vehicle, the customer receives the documents required for vehicle registration, the operating instructions for the body and the chassis manufacturer’s warranty terms.
6.1 Bodies (tippers, hook loaders, hydraulic cranes, municipal bodies) and interior conversions (additional rows of seats, sleeping and living conversions) are made according to a specification approved in writing. This is performance customised to the customer’s requirements.
6.2 TomakoTrade ensures that the vehicle with the body meets the roadworthiness requirements for operation on roads in the Czech Republic and arranges the necessary approval or entry of the body in the vehicle registration document, if this is part of the contract. The vehicle is registered by the customer, unless agreed otherwise.
6.3 The stated weights and payload are based on the chassis manufacturer’s data and on the basic equipment. The actual payload may vary depending on the chassis equipment and accessories. The customer is responsible for ensuring that the vehicle is not overloaded in operation.
6.4 If the customer supplies its own chassis for conversion, the customer is responsible for its technical condition and for its suitability for the chosen body. Before starting work, TomakoTrade will inspect the chassis and notify the customer of any obstacles found.
6.5 If the customer cancels the order after the contract has been concluded, the customer must pay TomakoTrade the costs actually incurred and the price of the work already performed, but at least the advance paid, if it cannot be used for another order. Consumers also have the rights under Article 11.
7.1 Vehicles marked as in stock are available for inspection in Liberec. Nearly new and used vehicles are sold in a condition corresponding to their age and mileage, which is stated in the offer and in the handover report.
7.2 A reservation of a vehicle in stock is binding only after the contract has been concluded and the reservation deposit has been paid. Until then, TomakoTrade may sell the vehicle to another interested party.
7.3 Photographs and descriptions of vehicles on the website may include items of equipment that are not part of the vehicle offered. The specification in the contract is decisive.
8.1 TomakoTrade rents out vehicles for a period of at least 3 months on the basis of a separate lease agreement, which sets out the rent, the deposit, the mileage limit, the insurance, the insurance excess and the conditions for returning the vehicle.
8.2 The lessee may use the vehicle only for the purpose agreed in the contract and may not, without TomakoTrade’s consent, let a third party use it or make modifications to it. The lessee is responsible for compliance with the regulations on vehicle operation and for damage not covered by insurance.
8.3 The lessee returns the vehicle in the condition in which it was taken over, allowing for normal wear and tear. Damage beyond normal wear and tear and missing equipment are paid for from the deposit or according to the actual repair costs.
9.1 Carriage of goods is agreed on the basis of an order that TomakoTrade confirms in writing. The price of carriage is determined according to the route, the type of cargo and the loading and unloading time. The carrier’s liability for damage to the consignment is governed by the Czech Civil Code and, for international carriage, by the CMR Convention.
9.2 The customer ordering the carriage is responsible for correct information about the consignment, for its proper packaging and for ensuring that the carriage of the cargo does not contravene legal regulations.
10.1 The vehicle chassis is covered by the manufacturer’s warranty to the extent and under the conditions set by the manufacturer. Chassis claims are made at an authorised service centre of the respective brand. TomakoTrade will assist the customer in making a chassis claim.
10.2 TomakoTrade provides a quality guarantee of 24 months from handover for the body and the conversions performed. A consumer has the right to claim a defect in the body that becomes apparent within 24 months of taking over, in accordance with the Czech Civil Code.
10.3 The warranty does not cover normal wear and tear, defects caused by overloading, incorrect operation, failure to follow the instructions and service intervals, intervention by a third party or an accident, nor consumable parts.
10.4 The customer makes a claim in writing to the registered office address or by e-mail to tomas@tomakotrade.eu, with a description of the defect and photographs. TomakoTrade will settle the claim without undue delay, for consumers no later than 30 days after the claim is made. The customer brings the vehicle concerned to the premises in Liberec, unless agreed otherwise.
10.5 Towards businesses, TomakoTrade is liable for damage caused by breach of contract up to a maximum of the order price. It is not liable for lost profit or for damage resulting from the inability to use the vehicle during repair.
11.1 If a consumer concludes the contract at a distance or off business premises, the consumer may withdraw from it within 14 days of taking over the vehicle without giving any reason. The withdrawal is sent in writing to the registered office address or by e-mail.
11.2 Pursuant to Section 1837(d) of the Czech Civil Code, the right of withdrawal does not apply to vehicles, bodies and conversions made or modified according to the consumer’s requirements. A configured vehicle with a body is such a performance.
11.3 If the consumer withdraws lawfully, TomakoTrade will refund the money received within 14 days of the return of the vehicle. The consumer is liable for any reduction in the value of the vehicle resulting from handling other than what is necessary to become acquainted with its nature and characteristics.
12.1 TomakoTrade processes customers’ personal data to the extent necessary to handle the inquiry, conclude and perform the contract and fulfil legal obligations, for the duration of the contractual relationship and thereafter for the period set by law. It passes data to chassis dealers, financing companies and carriers only to the extent necessary to fulfil the order. Other recipients, for example providers of e-mail, analytics and advertising services, are listed in the Privacy Policy. Detailed information on the processing of personal data is available in the privacy policy.
12.2 The website uses cookies for traffic analysis and advertising measurement only with the visitor’s consent, which can be given or refused in the cookie bar. With the same consent, cookies are also used for personalised advertising, i.e. showing TomakoTrade ads on other websites to people who have visited this website; an overview of cookies and the option to change consent are on the Cookies page. The customer has the right of access to their data, to rectification, erasure and restriction of processing, and the right to lodge a complaint with the Czech Office for Personal Data Protection (Úřad pro ochranu osobních údajů).
13.1 Contractual relationships are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, and for consumers also Act No. 634/1992 Coll., on Consumer Protection.
13.2 Consumers have the right to out-of-court resolution of consumer disputes. The competent body is the Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 796/44, 110 00 Praha 1, www.coi.cz.
13.3 Disputes with businesses that cannot be settled by agreement are decided by the courts of the Czech Republic. The court having local jurisdiction is the court for the place of TomakoTrade’s registered office.
14.1 TomakoTrade may amend the Terms. The version of the Terms in force on the date the contract is concluded applies to the contract. The current version is always available on the website.
14.2 If any provision of the Terms is invalid or ineffective, the remaining provisions remain in force. The Czech version of the Terms is authoritative; any translations are for information only.
14.3 These Terms take effect on 1 October 2026.