Terms and conditions of sale
GENERAL CONDITIONS OF SALE PPUH IZAR Krystian Cichocki
Buyer - Material Buyer, Buyer Services;
Seller - PPUH IZAR Krystian Cichocki based in Radwanice, Grafitowa 6;
Sales Agreement - a contract for the sale of services or with the material contained between PPUH IZAR Krystian Cichocki and the Buyer in the manner provided under these Conditions of Sale;
Material - a product, subproduct subjected to sale or processing;
Entrusted Material - the material submitted by the Buyer, in accordance with the principles of the General Conditions of Sale;
I. SUBJECT OF GENERAL CONDITIONS OF SALE
- These General Conditions of Sale shall apply to the sale, delivery and any other services or benefits that will be made by the Seller, except in cases where the seller expressly stated otherwise in its offer or agreement and where the listed conditions are effective as specific conditions relating to the sale and / or delivery, and expressly accepted by the seller. Using any other conditions that have not been expressly and in writing accepted by the Seller is excluded.
- General Conditions of Sale are an integral part of any ongoing contracts.
- General Conditions of Sale are available at the company's headquarters PPUH IZAR Krystian Cichocki and on the website www.izar.pl.
- Placing an order in the company PPUH IZAR Krystian Cichocki is equivalent to accepting the General Conditions of Sale in force at the Seller.
- Any deviation from these General Conditions of Sale shall be made writing under pain of nullity.
- Sales Agreement may contain different provisions than those resulting from General Conditions of Sale. In this case, the parties will be bound by Sales Agreement.
- Application of other conditions used by the buyer is switched off and the other conditions do not bind the Seller, unless the Seller / Contractor will be specifically approved in writing.
- If the parties have concluded a different agreement involved in the regulation governing the sale, in case of conflict of the provisions of the contract with the General Conditions of Sale, the provisions of this agreement are used.
- Any disputes having arise between the parties in connection with the implementation of the agreements on which these General Conditions of Sale apply, will be settled by the court of local and material jurisdiction of the Seller.
- In order to initiate the conclusion of Purchase Agreement, the Buyer shall send the Seller: :
- the question of the possibility and conditions for the acquisition of the products, materials, services indicated in the inquiry;
- an order for the execution of products from material supplied by the Seller or the material delivered.
- All price offers available for customers on their inquiry, written or via e-mail are valid 5 working days, unless the parties agreed otherwise. This is due to the dynamics of the market and which may occur price changes suppliers of goods operational and commercial.
- The commercial offer presented by PPUH IZAR Krystian Cichocki does not automatically book raw materials and any other resources, including working time of machines, needed for the products which are the subject of this offer.
- During the period of validity of the offer Buyer may at any time accept the offer by placing an order for services and materials covered by the offer. Seller has the right to increase prices if after the conclusion of the agreement there were circumstances that lead to higher prices, which meant in particular higher prices of raw materials, the differences in exchange rates, the increase in the tax / contributions, collective wage increases and / or other objective circumstances. This increase in prices does not give the Buyer the right to terminate the contract.
III. ORDERS AND COMPLETION TERMS
- The effective conclusion of the Sales Agreement is an order by the Buyer. Placing an order is tantamount to accepting the offer and these General Terms of Sale without reservation.
- The contract may be submitted in writing in the office, by post, as well as in electronic form or by fax. Acceptance of the Order will be confirmed by the Seller.
- The contract, which has been confirmed to perform must contain all the information needed to perform the contract.
- The buyer is obliged to provide necessary information such as:
- drawing file of format: dxf, dwg or in other format,
- material from which the product is made,
- kind of ordered services,
- information on what quality the details shall be crafted
- and other necessary information.
- If the information provided by the Buyer will be incomplete, the Seller reserves the right to perform the services to the Buyer by the general technical parameters for the service, and based on his own experience as Buyer hereby acknowledges and accepts without reservation.
- The drawings provided in DXF and DWG format or other are considered correct at the time of delivery of them as an addendum to the offer and order. Any changes require a written consent of the Seller.
- The Order that contains changes in relation to the offer or supplementing its content will be treated as acceptance of the offer subject to change, but as a new inquiry for the opportunity to purchase a service or material, which requires a new offer. In this case the existing offer expires.
- Upon acceptance of the offer by the buyer (ie. The order is received by the Seller), the Sales Agreement is concluded, which consists of: Seller's offer, order of the buyer with technical drawings and the General Conditions of Sale.
- The seller may refuse to accept the Buyer's order without giving reasons, notifying him of this within 5 working days from receipt of the order.
- Irrespective of the mode of Sale Agreement, the Seller has the right to make corrections to obvious clerical errors in the Buyer's order of adjustment to be made in the order confirmation. In the absence of the consent of the Buyer to made correction Sale Agreement does not occur. No response of the buyer within 2 working days is tantamount to consent to the execution of the order adjusted by the Seller.
- The customer is obliged to inform the company PPUH IZAR KRYSTIAN CICHOCKI in writing of the required certificates for the material and other conditions quality and technical, demanding documents confirming the quality or origin of the material, detail, service not later than the date of the order. Otherwise, providing such documentation may not be possible.
- Orders of material entrusted guarantees high quality only, provided that the delivered material meets the relevant specifications, and is free from rust, dirt. The sheet is simple and undeformed. Otherwise, the performance of the contract with high quality is not possible.
- The deadline for orders is determined individually depending on the capabilities of technology, material availability and other circumstances.
- The deadline for orders of materials supplied by the buyer shall be counted from the date of delivery of this material.
- The Seller reserves the right to change the delivery time at least 1 day before the date fixed.
- The term of delivery shall be extended accordingly in the event of significant obstacles preventing or impeding the delivery for which the Seller is not responsible, eg. fire, flood, failure of equipment or means of transport, obstacles on the road, the unavailability of a range of goods, the act of a public authority, whether the obstacle concerns the seller or third parties including suppliers and carriers. This also applies to obstacles to the delivery period of delay in delivery.
- Cancellation by the Buyer in whole or in part of the contract after the conclusion of the Sales Agreement as well as changes in the contract will not be considered unless that possibility has been claimed in writing the content of the offer PPUH IZAR KRYSTIAN CICHOCKI or in the order confirmation, the seller has not yet taken any activities related to the performance of the contract, which would entail irreversible costs (for ordering the Buyer's order, pre-treatment of the material as cutting, tinning).
- The Buyer shall be liable to Sellers liability for any damages arising from unwarranted cancellation of all or part of the order after conclusion of the Sales Agreement.
IV. TERMS OF PAYMENT
- Transactions with new contractors are preceded by a pre-paid or paid in cash. After the first transaction, the Buyer may make payments with payment date of no more than 14 days. To get such time of payment the Buyer must provide written or electronic registration of their company to the headquarters of PPUH IZAR KRYSTIAN CICHOCKI.
- The payment periods longer than 14 days are set individually.
- For the realised order a VAT invoice will be issued, according to the data indicated in order. All given prices are net prices and to such VAT applicable at the time of execution of the Sales Agreement will be added. The VAT invoice is also the final request for payment. In the absence of a complaint made in accordance with Section VII. Complaints, the recipient agrees to pay the invoiced receivables in a given period. In the case of overdue payment will accrue statutory interest.
- The Buyer agrees to immediately notify the Seller in writing of any change of its registered office or place of residence and correspondence address. No notification means that deliveries made to the addresses indicated in the contract or in other trade agreements concluded between the Seller and the Buyer, are considered effective.
V. RECEPTION AND DISPATCH OF GOODS
- All of the commercial goods is received in the Seller's premises at the time agreed on the contract. Handing of the goods takes - unless otherwise expressly agreed in a written agreement to be valid - 'ex-works' / 'loco factory' ('Incoterms 2010'). This means that the goods are considered as delivered to the buyer at the moment of leaving the premises of the seller. Risk of damage or accidental loss of the goods passes to the buyer when the goods are handed over to the buyer, or will be loaded on the means of transport or the time at which the goods otherwise leave the building, it is the moment in which the handing is considered to be made. Regardless of whether the buyer signed any receipt for the goods.
- The delivery of goods by the Seller is set individually on request within the deadline set by the Seller, which may differ significantly from the deadline established in the order. The deadline set for the contract is a term of the contract with the receipt of the Seller's premises in Radwanice.
- The seller may send parcel via courier, but is not responsible for the quality of courier services. Before unloading the buyer must examine the materials delivered in a manner appropriate to its size and the type and method of packaging; in case of any missing or damage that may have occurred during transport, the buyer is obliged to perform all actions necessary to determine the liability of the carrier, including immediately notify the Seller no later than the day after delivery under pain of loss of claims for damages against Seller due this matter.
- The cost of delivery of ordered goods or services is covered by the Buyer, unless the parties agreed otherwise.
- The Seller will make every effort to ensure that the product was ready to be received by the Buyer so that it is not damaged. The Buyer may stipulate a form of preparation for the reception of the goods according to their own arrangements for ordering.
VI. WAREHOUSING AND STORAGE
The goods delivered by the company PPUH IZAR KRYSTIAN CICHOCKI should be stored according to the rules of storage of materials from which they were made, and with regard to the possibility of damage in case of spatial detail.
- The buyer is obliged to inspect goods during handing over in terms of possible irregularities. If the buyer upon receipt or delivery of handed goods finds damage, the buyer is obliged to immediately notify the Seller in writing, of such damages.
- The buyer has the right to lodge a complaint quantity on the delivery date, and the dimensional and quality within 3 working days from the date of receipt or delivery of commercial goods, provided that the items were not previously processed or used for the production (installed, subjected to further production or technical operations).
- Elements processed or further treated are not subject to complaint.
- Complaints will be taken into account where they relate to non-compliance with the arrangements provided with the order by the Buyer.
- Consideration of the complaint will be taken only on the basis of a written notice being given by registered mail, fax or e-mail.
- Lodging a complaint does not suspend the payment deadline and its maturity, unless in the course of investigating the complaint stated otherwise.
- Complaints are not subjected to defects and damages that have arisen as a result of:
- Normal wear and tear,
- Lack of or incorrect maintenance,
- Installation, assembly, modifications or repairs made by the Buyer or third parties.
- Any claims arising from the complaint expire after 30 days from the day of delivery.
- The Seller's liability under the warranty for physical and legal defects is excluded.
- The Seller reserves the right to use the technical documentation provided for the purpose of the contract. The documentation will be used only to implement the above-mentioned contract.
- The Seller shall not be liable for technical documentation supplied.
- The Seller retains ownership of the delivered goods, materials or other items supplied, transferred or sold under the Sales Agreement until the buyer:
- has not paid or will not pay for work done or other to be done resulting from the sales agreement;
- has not paid claims that result from the failure to perform the above sales agreement such as damage, penalties, interest and costs.
- As long as delivered goods rests with reservation of ownership, the buyer shall neither charge nor sell it other than by written prior permission of the seller.
- The seller's liability is limited to fulfill their warranty obligations set forth in Section VII of these General Conditions of Sale. Seller is not responsible for defects / deficiencies in the goods delivered or services performed, with the exception of defects / deficiencies that are caused by intent or gross negligence of the Seller / Contractor.
- The Seller shall not be liable for any errors or omissions in connection with the delivered goods, regardless of their type, when the goods are part or will form part of a larger or broader whole, and not all part of a larger system or a whole have been received from the Seller.
- Seller shall not be liable for lost profits and indirect damages, which include, in particular damages resulting from downtime, loss of profits, the cost of scaffolding, the cost of the port, damages related to environmental pollution, the cost of docks, assembly and disassembly etc. And damages of any kind, including theft and loss, for the goods delivered or owned by the buyer, resulting in time.
- The Seller is not responsible for damage of any kind arising where a vendor for the state of the output necessary for the implementation of the agreement of sale took supplied by buyer incorrect and / or incomplete data.
- The total liability of the seller for non-performance or proper performance of the contract in question is limited to the amount of remuneration payable to the Seller for the execution of the wealthy
The Seller is entitled to amend these General Conditions of Sale. The changes will come into force in the announced date of their entry into force. The Seller will send changed before the General Conditions of Sale to the other party. Unless the date of entry into force of the changes is given, they come into force from the moment the other party is informed about the changes.