GENERAL CONDITIONS OF SALE
I General arrangements
1. These "General Terms and Conditions of Sale" abbreviated "GTCS" form an integral part of all sales and service offers made by our company.
2. Agreements amending these terms and conditions shall only become binding after written confirmation by the Supplier.
3. The term "Goods" shall be understood to mean the products in the Supplier's commercial offer. (hereinafter: goods), which are the subject of orders placed by the Purchaser and accepted by the Supplier for execution. The term "goods" shall also be understood to mean services performed by the Supplier to which these General Terms and Conditions of Sale shall apply accordingly.
II Offer
1. The contracting authority shall place the order as indicated in point 2. on the basis of the Supplier's offer sent in writing, by fax or electronically.
2. The supplier commits to executing an order sent to his premises in writing by post, by fax or electronic means. The conclusion of a sales contract between the Parties shall take place on the terms and conditions specified in the Supplier's offer and resulting from the provisions of the GTCS. Subsequent amendments and supplements to the sales contract must be made in writing to be valid. All quotation and design documents are the intellectual property of the Supplier and may not be reproduced or made available to third parties without its written consent.
3. The execution of the sales contract on the part of the Supplier consists in the transfer of ownership of the goods to the Purchaser and their delivery, and on the part of the Purchaser in the acceptance of the goods and payment for the goods in accordance with the terms and conditions agreed between the Parties in the sales contract.
4. The delivery period is specified by the Supplier in the offer. The delivery date may be extended in the event of force majeure by its duration or for other reasons beyond the Supplier's control - the Supplier shall notify the Purchaser of the new delivery date.
III Price and payment terms
1. All prices are to be understood as net prices to which Value Added Tax (VAT) is added at the current statutory rate.
2. Transport and packaging costs are paid in full by the purchaser. 3. The payment terms agreed in the offer apply. Advance payment, if any, is a precondition for the Supplier's commencement of performance of the order.
4. Deliveries and partial invoicing are allowed.
5. If the Purchaser fails to meet the payment deadlines, contractual interest will be charged at a rate of 0.1% for each day of delay. However, the maximum amount of interest resulting from a legal transaction may not exceed, on an annual basis, four times the Lombard loan rate of the National Bank of Poland.
6. The Purchaser shall not be entitled to withhold payment or make deductions without the prior written consent of the Supplier.
7. In the event of payment arrears beyond the agreed date of payment, the Supplier shall withhold shipments of goods until the Purchaser has settled the arrears.
8. The Supplier shall be entitled to set off his monetary claims against the Ordering Party and to assign his claims against the Ordering Party to any entity of his choice.
9. The Supplier reserves the right to change prices in the event of unforeseen changes in customs or tax regulations affecting the cost of importing the goods ordered.
10. The Supplier reserves the right to change the price expressed in PLN in the event that the average exchange rate changes by 2 percent or more since the offer was issued.
IV Delivery time
1. The delivery period shall be counted from the day on which the Purchaser and the Supplier have agreed in writing on the contents of the order. 2. The delivery date shall be deemed to have been met if the consignment of goods has left the Supplier's warehouse by the agreed delivery date. If dispatch or collection is delayed for reasons attributable to the Purchaser, then the sending of notification of readiness of goods for dispatch or collection, made within the agreed delivery period, shall be deemed to be compliance with the applicable delivery period.
3. If the delay in receipt or dispatch of the goods caused by the Purchaser is longer than 30 days, the Supplier shall be free to dispose of the goods and the Purchaser shall not be entitled to raise any claim for late or non-delivery. The Supplier also has the right to claim from the Purchaser the cost of storing the goods or returning them to the manufacturer.
4. If there will be unforeseen obstacles that hinder the Supplier from fulfilling its obligations or its suppliers from fulfilling theirs, and these obstacles,
resulting from force majeure events or due to reasons beyond the Supplier's control of any kind, especially disturbances at the workplace of the manufacturer or distributor, delays in the delivery of essential raw materials or construction elements, or similar, provided these delays lead to exceeding the delivery deadline, then the agreed delivery dates will be accordingly postponed. If, as a result of obstacles, the Supplier has lost the opportunity to deliver, the Supplier may in such circumstances withdraw from the contract in whole or in part after notifying the Purchaser. The same right is granted to the Purchaser if they do not agree to receive the goods at a delayed date. These hindrances, when they occur, also waive the effects of a delay for which the Supplier is responsible. Further claims for damages by the purchaser are excluded.
5. The supplier may make partial deliveries.
V Delivery performance and passing of risk
1. The risk of delivery of the goods, including loss or destruction, shall pass to the Purchaser upon receipt of the goods by the Purchaser and upon handover to the forwarding agent or carrier. In the absence of detailed arrangements, delivery shall be at the expense and risk of the purchaser.
2. If receipt of the goods is delayed for reasons for which the Purchaser is responsible, the risk shall pass to the Purchaser as from the date on which the Supplier places the goods for collection at the Supplier's premises or entrusts the goods to a carrier or freight forwarder..
VI Reservation of ownership
1.The delivered goods shall remain the property of the Supplier (as reserved goods) until the Purchaser has paid all amounts due.
2. In the event of a request for the return of goods, the Purchaser shall be obliged to return the goods at his own cost and risk (return includes packaging, loading, transport, unloading, insurance for transport and other resulting costs) to the place indicated by the Supplier, within 14 days of the request.
3. In the event of a delay in payment by the Ordering Party or any other action of the Ordering Party to the Supplier's detriment, the Supplier shall be entitled to suspend the performance of other Contracts concluded with the Ordering Party, and the Ordering Party shall not be entitled to claim compensation for damages resulting from the suspension of their performance.
VII Guarantee
1. The guarantee period is 6 months from the date of the invoice for the goods ordered or the date on which the service was provided.
2. The guarantee covers defects caused, in particular, by faulty design, use of inappropriate materials, or poor workmanship.
3. The Supplier shall be notified immediately of any defects in the goods, but no later than within 3 days of the discovery of the defect. The complained goods should be sent to the Supplier for inspection and repair or delivery of a new one.
4. If defects become apparent during the guarantee period, the Supplier is obliged to proceed to rectify the defects within 30 working days of receiving notice of their discovery. The aforementioned deadline may be extended if the rectification of the defect or the delivery of the part depends on third parties for which the Supplier is not responsible and has no influence, or if a longer period of time is necessary due to the type and extent of the defect, or if the situation at the workplaces of the manufacturer or the spare parts distributor requires a corresponding extension of the deadline. In this case, the Supplier shall notify the Ordering Party of a new date to proceed with the rectification of the defects. The Supplier shall not be obliged to reimburse the costs of rectification of defects carried out on its own by the Customer or a third party.
5. The Supplier's liability under the guarantee relates to the obligation to repair or replace, the choice in this regard being the Supplier's. In the event of replacement, the warranty period, as to the replaced part being free of defects, runs anew and is 6 months. The costs of dismantling, insurance and re-assembly shall be borne by the purchaser.
6. Ownership of the defective parts listed shall vest in the Supplier.
7. The Supplier's liability under the guarantee is excluded if the repair, replacement or assembly of the goods has been carried out by persons who do not have the necessary qualifications and technical knowledge, and in particular if these persons do not have the relevant long-term experience and professional training in the field of power hydraulics and the repair, diagnosis, construction and design of hydraulically driven machinery and equipment.
8. The basis for all warranty claims in the case of gearboxes, drive bridges, pumps, hydraulic motors and gearboxes, and other components of power hydraulics
is the delivery of the goods to the Supplier in an undamaged (sealed) condition. Once they are opened at the manufacturer's facility, a detailed technical analysis is carried out, including damage analysis, degree of soiling, oil analysis, etc. Opening the unit or dismantling it into parts, even in the absence of any protections such as seals, results in the loss of warranty. In the case of existing seals, their breaking or failure automatically rejects all warranty claims by the manufacturer and the Supplier.
9. The guarantee does not cover any modifications made on the Purchaser's own initiative or on the initiative of third parties.
10. The warranty does not cover defects caused by: - improper use, operation, handling, storage, - improper installation by the Purchaser or third parties, - the action of external factors beyond the Supplier's control, - exceeding the technical parameters recommended by the Supplier or the manufacturer, - use of inappropriate media, - commissioning of the device before the repair has been completed, - continued operation despite the occurrence of damage, - making changes and repairs with the help of unauthorised personnel, - use of unsuitable parts or use of additional parts not suitable for the purpose or not approved by the Supplier, as well as with regard to the effects of alterations.
11. The Supplier shall not be held liable if the delivery item has been stored incorrectly or used in a manner inconsistent with its intended use and technical characteristics or in a manner which deviates from its normal use.
12. Liability under warranty is excluded. This does not apply to contracts concluded as part of consumer sales.
13. The Supplier may also undertake to provide post-warranty service services on separately agreed terms.
14. In the event that the Supplier is unreasonably requested to replace or repair a product within the scope of a reported complaint (e.g. goods free of defects or damaged due to incorrect assembly or use), the Supplier shall charge the Customer for the costs incurred.
15. The Supplier shall not be liable if the characteristics of the goods delivered under the Contract do not correspond to the expectations assumed by the Purchaser, although the goods meet the requirements specified in the Contract.
16. The Supplier shall not be liable in any way for the goods having certain characteristics or for the suitability of the goods for the purposes intended by the Purchaser, unless the Supplier has given the Purchaser written assurance to this effect.
17. The basis for any claim in the case of the purchase of new or reconditioned hydraulic pumps, motors and gearboxes is their installation, diagnosis and commissioning by our specialist service. Costs of installation shall be borne entirely by the purchaser. Otherwise, the Supplier's liability under the guarantee is completely excluded.
VIII Return or exchange of goods.
1. In individual cases, with the prior agreement of the manufacturer or distributor, the customer has the right, within 7 days of the invoice date, to return or exchange goods in conformity with the contract and free from defects or damage, excluding electronic and electrical components, seals and hydraulic hoses. In the absence of such agreement, goods are not returnable or exchangeable. Goods produced on special individual order are not subject to return or exchange.
2. The return or exchange is in any case associated with the cost of re-stocking the goods at the manufacturer's or distributor's premises. These costs, in the case of machine manufacturers and manufacturers and distributors of hydraulic components, are between 15% and 30% of the net value of the goods being returned or replaced. Furthermore, these goods must be delivered to the Supplier in the original undamaged packaging at the expense of the Purchaser.
3. Before sending the goods to the Supplier for exchange or return, the Purchaser must always contact the Supplier in advance to determine whether the goods to be returned were not accidentally made to special individual order and whether they have obtained the consent of the manufacturer or distributor for their re-stocking and what will be the total costs of a possible return or exchange.
IX Responsibility.
1. The Supplier shall only be liable to the Ordering Party for actual
losses resulting from the Supplier's gross negligence or which the Supplier has intentionally caused to the Ordering Party, subject to the other provisions of these GTS or mandatory legal provisions.
2. The Supplier shall not be liable to the Purchaser for loss of production, loss of profit, loss of use, loss of contracts or any consequential or indirect loss of any kind. The total liability of the supplier is limited to the value of the contract or order.
3. In the event that a third party makes any claims against the Customer in connection with the goods sold, the Customer shall inform the Supplier thereof by providing written notice to this effect within 14 days.
4. Apart from the claims set out in these GTS, the Purchaser shall not be entitled to any further claims against the Supplier.
5. In the event that the failure to comply with the time limit for delivery of the goods or the non-performance or improper performance of any other obligation under the Agreement is a consequence of circumstances for which the Supplier is not responsible under the provisions of these GTS, including if the failure occurs for reasons attributable to the Ordering Party, the Supplier shall not then be obliged to perform the Agreement within the time limits or conditions specified therein.
6. Failure by the Supplier to meet an additional deadline for delivery of the goods or any other obligation under the contract, for reasons for which the Supplier is not responsible under these GTS, shall not relieve the ordering party of its obligation to perform the contract, including the obligation to take delivery of the goods, pay the price or any other performance.
X Local jurisdiction of the court and applicable law
1. For settling all disputes, the court of the supplier's general jurisdiction is competent.
2. All disputes between the Supplier and the Ordering party shall be exclusively governed by polish law.
XI Final provisions
1.Completing the order form is equivalent to consenting to the storage and processing of the data contained therein for purposes related to the execution and settlement of the order.
2. By placing an order, the buyer declares to have read and accept the Supplier's General Terms and Conditions of Sale and Services
3. The personal data of the party who placed the order will be processed solely for the purpose of fulfilling the placed order, including issuing an invoice or bill. These data are confidential and will not be disclosed to third parties.
4. The Ordering Party, who placed an order and made purchases of goods from the Supplier, has the right to access their own personal data and to their correction, as well as to deletion from the database.
5. The seller undertakes to protect personal data in accordance with the Personal Data Protection Act of 29 August 1997 (Journal of Laws 02.101.926).
*In the event of a discrepancy between the Polish version and translations into other languages of this document (e.g. Privacy Policy, General Terms of Sale), the Polish version shall prevail. Translated versions are provided solely for the convenience of the user and shall not change the meaning of the content contained in the Polish version.
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