I. Agreement.

 

1. Entering into a contract on the basis of submitted by the buyer’s written order (also sent by mail or fax), on the basis of the offer made by the Seller and / or Buyer’s offer to purchase. Orders placed by the Buyer to the Seller constitute an offer to purchase goods. Order shall be deemed accepted if the seller submits a written confirmation of its acceptance (also by e-mail or fax), and the Buyer within three days will send back a signed acknowledgment of a note on its acceptance or within 3 days of receipt of confirmation does not submit objections to the conditions confirmation. On the basis of the Buyer sent confirmation of the order and after the expiry of the 3 day period Seller shall accede to the contract.

2. Where the buyer places an order for the product is available from stock if the seller issues an invoice (by prior arrangement method of payment and shipping method) without the written confirmation of its acceptance. In the case of goods, which is not on stock levels, the Seller shall issue the order confirmation specifying the date of execution and the method of payment and delivery method.

3. Where the buyer submits an verbal order, the order is important when the buyer within 3 days of the verbal order confirms the terms of the contract in writing (at least by e-mail or fax). No written confirmation of the order release Seller from performance of the contract. The term of the Seller’s obligations begin to run from the moment a written confirmation of the order submitted verbally.

4. The sales contract is concluded upon confirmation of the order by the Seller. To the agreement, the provisions of the Civil Code, as amended by the content of OWS. OWS are an integral part of the sales contract, on which Buyer agrees.

5. The offer referred to in point 1 is binding on the Buyer’s part concerning the technical conditions of the goods and can not be changed or supplemented in the course of negotiations between the parties. Amend, supplement or any other arrangements reported by one of the parties after the date of the order require for their validity written confirmation.

6. The Seller reserves the right to change specifications and design, resulting from technological progress.

7. proof of performance of the contract is evidence of release of products / proof of delivery / bill of lading / invoice.

8. Order for their validity requires the signature of the person authorized to represent the Buyer outside and to borrow on behalf of financial liabilities.

 

II. Price and terms of payment.

 

1. Payment terms each specify an offer or order confirmation.

2. Prices are valid ex warehouse of the Seller. Be added to the price est price package. The parties may determine the price ex warehouse recipient, taking into account the costs of transport and insurance costs during transport. Buyer authorizes the Seller to issue VAT invoices without the signature of the Buyer.

3. Payment for the goods delivered shall be in accordance with current price list including individual discounts Buyer (according to the order confirmation and offer if you were exposed) after adding VAT due. are settled in Polish zlotys by the sale of U or USD PKO .P. of the invoice or in the currency of U or USD by prior written agreement of the parties.

4. The invoice is delivered to the Buyer with the delivery of goods or in any other place specified in the order. Notification by the Buyer any objections, comments or complaints and examining them does not suspend the payment deadline. the complaint will be dealt with according to the terms of the warranty card and / or by paragraph V of these OWS.

5. The amount due under the agreement shall become immediately due if the buyer will be raised by the Court in bankruptcy or when initiated liquidation proceedings against him.

7. The basic form of payment is a transfer to the Seller’s account or pay cash at the box office of the Seller. Payment in cash to the Seller is allowed to the extent that it does not infringe the current legislation to make between economic non-cash settlements.

8. Other forms of payment to be agreed between the parties. The settlement between the parties, the date of recognition of the account of the Seller.

9. In the case of exceeding the date of payment by the Buyer Seller is entitled to charge statutory interest.

10. If the buyer is delayed in payment of the amounts due. The seller regardless of the rights of interest for late payment shall be entitled to:

1. bring all claims for goods delivered in foreclosure,

2. carry out outstanding deliveries only after payment of arrears and after the Buyer prepayment of a fixed amount by the Seller,

3. demand from the Buyer damages on the basis of art.471 of the Civil Code

 

III. Contractual penalties.

 

1. Buyer shall pay to the Seller a contractual penalty amounting to 10 gross value of the goods in case of withdrawal from the contract, for which the Seller is not responsible.

2. Notwithstanding contractual penalty pages reserve the right to claim compensation on general principles.

 

IV. Retention of title.

 

1. Seller reserves the right to ownership of the delivered goods until payment of the claim by the Buyer.

2. In the event of cancellation by the Seller, the Buyer is obliged to give the Seller delivered, and constitutes his property goods within a period no longer than 3 (three) days of such request, in the same state in which it is located. Seller shall be entitled to request from the Buyer appropriate remuneration for wear or damage.

 

V. Delivery.

 

1. Delivery of ordered goods shall be the date indicated on the order confirmation. The term of delivery is, however, the extension in the event of circumstances that could not be foreseen at the date of receipt by the Buyer of the order confirmation. For the duration of involuntary by the Seller to extend the delivery deadline Seller is not responsible.

2. If the seller prepared the goods for shipment and the Buyer raises new demands associated with the delivered goods, delivery of the goods is changed. In this case, the Seller shall not be liable for delay in delivery of goods.

3. If the seller prepared the goods for shipment and shipment is delayed for reasons attributable to the Buyer, the Seller has the right to charge the Buyer the cost of storage of goods, both in their own warehouse and in the stock owned by third parties.

 

VI. Acquisition of risk.

 

1. The risk of accidental loss or damage to the goods passes to the Buyer upon the issue of a product or part thereof by the Seller. Release of the goods is also made at the moment when, in order to deliver the goods to the destination Seller entrusted the goods to a carrier.

2. Seller is not responsible for the selection of goods on offer proposed and carried out by the Purchaser. Placing an order is unambiguous acceptance make this choice. The situation does not apply in cases design different applications and under another contract.

3. The Seller is not responsible for incorrect selection of goods by the Buyer and / or misinterpret the information and technical data contained in catalogs, brochures, website and other materials received or obtained by the Buyer.

 

VII. Liability for defects in the goods.

 

1. The buyer is obliged to inspect the goods in terms of quantity and quality immediately after their arrival, but no longer than 3 days from the date of delivery. Exclude the possibility of adopting a complaint after the deadline. The seller is obliged to remedy any defects or deviations, involving errors in design, materials and workmanship, submitted in writing by the Buyer within the aforementioned period.

2. After the deadline specified in paragraph 1 of the Buyer shall be entitled to claim only in respect of the guarantee granted by the Seller, if the specific product has been granted a separate document or determined by a separate agreement. Hidden defects (if you emerge within the warranty period) should be reported to the Seller immediately after their disclosure. Application must contain an accurate description of the fault (shot possible, time of occurrence, place of origin faults, operating conditions., Etc.)

3. If the defect in the delivered goods was notified in due time. Seller after consideration of the complaint (transportation, maintenance during storage, installation, operation, etc.) Evaluates whether the product will remove the defect or replace the goods free of defects.

4. The basis of the complaint is the sales invoice and other documents related to the delivery.

5. The liability of the Seller is limited to defects that occur during the warranty period calculated from the date of delivery. This time will be reduced accordingly if the delivery item is operated operated a day longer than predict the findings of the technical selection.

6. Seller and Buyer exclude on the basis of art. 558 § 1 of the Civil Code, the liability of the Seller under the warranty for goods delivered by him. Disclaimer of Warranties do not apply to consumers within the meaning of the Civil Code art.22§1.

7.  Liability of the Seller covers only defects resulting from causes inherent in the sold item and only to the extent of its value. Any liability of the Seller related to the contract or making the sale of goods, regardless of the title of its responsibility, does not include compensation for damage relating to the expected benefits, loss of profits, loss of production.

 

VIII. Return of goods.

 

1. Return of goods caused by by incorrect dispositions of the Buyer regarding the goods will be accepted for consideration only if the Seller is notified about the situation and they confirm that the return.

2. The maximum deadline beyond which possibility of return shall not be considered is 14 days from the date of sale.

3. It is possible to create a written agreement between the parties about the date of return of the goods to which the seller must agree.

4. Returned merchandise must be unused, undamaged, free from defects and in the original packaging.

5. Return of goods to the warehouse is conducted at the expense of the Buyer.

 

IX. Termination of the contract.

 

1. The Buyer may withdraw from the contract if:

1. its performance has become impossible by fault of the Seller,

2. The seller did not perform the contract in spite of the additional period for its implementation,

3. Seller did not remove the defects of the goods or if the repair of the goods is impossible.

2. The seller may withdraw from the contract if:

1. performance of the contract has become impossible by fault of the Buyer,

2. The buyer did not submit a written confirmation of the order referred to in section l pkl.3

3. To resolve any disputes arising between the parties, the competent court will be common for the seat of the Seller.