General Terms and Conditions of Sale of 08.05.2012
These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions of Sale") determine the rules of the cooperation of the parties related to the sale of the Seller's products to the Buyer and shall form an integral part of the order / agreement unless their respective provisions are expressly excluded in writing on the order form or in the agreement.
1 - Persons entering into the agreement declare that they are entitled to represent the entity on whose behalf they act and in the event of exceeding their authorization they shall be personally liable for the agreement entered into.
2 - Additional orders of the Buyer will be executed, provided they are explicitly confirmed by the Seller. Any other change of the order also requires approval of the Seller.
1 - The Seller undertakes to provide the Buyer with the goods listed in the order / agreement fulfilling the conditions specified in the current offer or price list of the Seller.
2 - Prices of goods are expressed in EURO unless otherwise stated in the order / agreement.
3 - Net prices are increased by the value added tax on goods and services applicable on the day of sale, with 0% rate for intra-Community supplies and exports.
4 - In the event of an increase in customs or tax rates, or any change of laws in force in the Republic of Poland resulting in the imposition of additional statutory charges on the Seller (customs duty, tax, etc.), the Seller shall be entitled to burden the Buyer with these charges by way of a written notification with an indication of the cause.
1 - Unless the parties agree otherwise, the price shall be paid in advance before delivery.
2 - If it is agreed that the price is payable in instalments, partly before and partly after delivery, the prepayment paid for the goods ordered shall be credited against the price. Unless otherwise agreed, the payment term (of the remaining price), shall be 14 days from the invoice date. In the event of unjustified withdrawal by the Buyer from the order, the Buyer shall be obliged to pay the full price.
3 - In case of late payment of the price (of the remaining price), the Seller shall be entitled to statutory interest.
4 - The ownership of the goods shall pass to the Buyer at the time of payment of the total price and other sales related charges to the Seller.
5 - The date of payment of the price shall be the date when the amount payable is credited to the bank account of the Seller.
6 - Any delay in payment of the prepayment or any other instalment of the price shall cause the delivery date to be shifted by the same amount of days.
1 - Unless otherwise agreed, the agreed prices shall be EXW Poznań (Incoterms 2000).
2 - The cost of transport shall be borne by the Buyer.
3 - At the request of the Buyer, the Seller may assist in arranging the transportation, however, the cost and risk of transportation shall be borne by the Buyer. Such wish expressed in email constitutes the authorization to enter into an agreement of carriage on behalf of the Buyer.
1 - The term of delivery of the goods shall be each time stated in the offer or individually agreed on and clearly confirmed by electronic means.
2 - The Seller shall exercise due diligence to deliver the goods on time. However, the Seller shall not be liable for failure to observe the delivery term resulting reasons beyond its control. The Seller will inform the Buyer about such a delay.
3 - If the Buyer is obliged to perform any actions that condition observance of the delivery term by the Seller, the Seller shall not be liable for any delay in delivery resulting from failure to perform these actions by the Buyer.
4 - If the Buyer fails to meet its obligations in due time, the Seller shall have the right to refrain from fulfilling its obligations until fulfilment of the obligations or execution of the payment by the Buyer.
1 - The risk of accidental loss or damage of the goods shall pass to the Buyer at the moment of delivery of the goods to the Buyer or its authorized representative, or employee (including the carrier). It is understood that the employees in the warehouse of the Buyer or the driver of the freight company receiving the goods are authorized to receive the goods together with the documents and to acknowledge receipt thereof.
2 - In the event of advising the Buyer of the receipt of goods, the Buyer shall be obliged to collect the goods on the date set in it. Failure to pick up the goods within the specified time limit will result in its storage at the expense and risk of the Buyer (the Seller is entitled to charge the Buyer with the storage costs at the actual rates incurred or at a flat rate of EUR 10 for each commenced day). If the goods are transported by a carrier, the Buyer shall cover the downtime imposed by the carrier.
3 - Delivery shall be deemed accepted without reservations in quantitative terms and without defect upon the signing of the consignment note by the representative of the Buyer.
4 - In the event of damage to the goods in transport, the Buyer shall be obliged to mark this fact in the transport documents and to follow the other obligations provided for in the transport law.
5 - The cost of insurance for the goods during carriage shall be borne by the Buyer.
1 - The Seller is responsible for defects of the goods under the Polish Civil Code.
2 - The Seller may grant a warranty by expressly indicating it in the offer (pro forma invoice). The rights and of the Buyer and obligations of the warrantor are described each time at www.kwiatkowskidesign.pl. The Buyer shall lose its warranty rights in the event of misuse of the product, or in any other cases specified in the Terms and Conditions of Warranty. The Buyer shall also lose the above rights if the goods are repaired by an entity not approved by the Seller.
3 - The Seller shall not be liable for any physical defects resulting after the risk of loss or damage has passed to the Buyer.
4 - The Buyer is obliged to calculate the quantity of goods released to it at the time of issue. Any subsequent quantitative complaints will not be considered.
5 -Submission of any complaints or reservations about the content of the invoice shall not entitle the Buyer to suspend the payment of any amount resulting from the agreement or order.
6 - In the event of submitting a complaint, the Buyer, if requested, shall be obliged to make the goods subject to complaint available to the Seller.
7 - Any return of goods justified by legal regulations or separate contractual arrangements (e.g. in case of withdrawal) shall be accepted provided that the returned goods are of full value and have the original packaging. The return shall take place at the expense of the Buyer and only with a written consent of the Seller.
8 - Any liability of the Seller related to the sale of goods, regardless of its title, may not exceed the total value of the goods delivered.
9 - The Buyer shall bear the costs of filing unreasonable complaints.
1 - Any change of the agreement, the order or the General Terms and Conditions of Sale must be made in writing under pain of nullity.
2 - Any disputes arising out of the Agreement will be resolved amicably and in the event of failure they shall be resolved by the court of competent jurisdiction for the premises of the Seller.
3 - In matters not regulated in the General Terms and Conditions of Sale the relevant Polish law shall apply.