DEFINITIONS
Terminals appearing in these General Terms and Conditions:
Supplier – means Cons-Med. Sp. z o.o. based in Gdynia;
Shopper – means any contracting entity w goods within the scope of conducted business activity;
Pages – means the Purchaser and Supplier;
Towar – means all goods and products manufactured, delivered and sold by the Supplier;
Order’s order – means an order constituting an irrevocable declaration of will to purchase the Goods submitted in writing, w including by fax or e-mail, signed by the Purchaser or any entity authorised to act on behalf of the Purchaser in this respect.
UWAGA: The Supplier reserves the right to accept as an Order an order placed orally i to execute it under the conditions specified below.
1. APPLICATION RANGE
1. 1) O unless the Parties agree otherwise in a separate agreement, these General Terms and Conditions of Sale (hereinafter also referred to as “GTS”) shall apply to all sales transactions of the Goods by the Supplier w within its enterprise. If the Supplier has made an offer or the Parties have concluded a separate agreement, the provisions of such an offer or agreement shall replace the provisions of GCS to the extent regulated by them.
1.2. Any general terms and conditions of orders or other regulations of the Purchaser, including additional or different provisions of these GTS placed on the Order, do not bind the Parties to transactions related to the purchase of Goods to the extent that they do not coincide with the provisions of these GTS, unless directly confirmed by the Supplier.
2. GENERAL DELIVERY CONDITIONS
2. The order binds the Buyer from the moment of its receipt by the Supplier and binds the Supplier only in in the case of its written confirmation by an authorized employee of the Supplier with subject to the provisions of 2.3.1.
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2.2 The Supplier shall specify the delivery time in the acceptance of the Order directly in the Order acceptance confirmation or by explicit acceptance of the deadline indicated in the received Order.
2.3. The Order completion time shall be given to the Purchaser w as follows:
2. 3. 1 For Orders with time of completion not exceeding 48 hours from the date of placing the Order – only by joining the implementation of the Order and issuing an invoice;
2.3.2 For Orders with time of completion exceeding 48 hours from the date of placing the Order – by written confirmation, fax or email.
2. 4th Confirmation of acceptance of the Order with reservations or supplemented w in a manner not violating the essential conditions of the Order shall be deemed acceptance of z reservation of changes or supplements contained in the confirmation, unless the Purchaser makes a declaration of cancellation of the order within 48 hours from the date of receipt of the Order with modifications.
2.5. Unless expressly indicated separately in the agreement between the Parties or acceptance of the Order, the Purchaser shall be obliged to collect the Goods from the seat of the Supplier and to accept a VAT invoice, as well as to sign all required return documents.
2.6. The Purchaser shall be obliged to check the Goods in terms of quantity and quality before loading them on the means of transport or immediately after their delivery in the event of the Supplier’s determination outside the premises of the Supplier. If any inconsistencies or damages are found, the Buyer shall draw up a protocol of inconsistency in the presence of an employee of the Supplier and at the same time report a complaint.
2.7 In the case of delivery of the Goods in a mode other than collection at the seat of the Supplier, the risk of loss and destruction of the Goods in transport shall lie with the Buyer. In the event of any discrepancies or damage, the Purchaser should:
2. 7.1 Note this fact in the w waybill attached to the consignment before signing it;
2.7.2 Draft a protocol of inconsistency signed by the Purchaser and the carrier or forwarder;
2.7. 3 W within 48 hours from the date of receipt of the Goods report a complaint via:
a) Phone number: +48 607221623
b) email: lk.smoker@gmail.com
c) Fax number: ++48583547305,
and w each of the above modes provide the following information:
– Name/name i name and address of the Purchaser,
– Title of complaint,
– Value of the Goods in question and the basis for its determination,
– Number i date of invoice and
– Copy of the protocol of inconsistency signed with carrier or forwarder.
WARNING: No notification pursuant to requirements of paragraphs 2 and 3. 2.6. and 2.7. constitutes acceptance of the Goods without reservations.
The Supplier shall take all reasonable steps to enable and facilitate the Purchaser to pursue possible claims for damages from the carrier, including possible assignment of claims in this respect.
2.8. The Purchaser is not entitled to assign or transfer any rights and/or obligations under the contract or the Order to any third party without the prior written consent of the Supplier.
2.9. Ownership and risk of loss of i damage to the Goods shall pass to the Purchaser in accordance with Ex Works rule (Incoterms 2000).
2.10. Damaged for reasons for which the sole responsibility is borne by the Supplier or inconsistent with the Order Goods may be returned / not accepted under the terms and conditions set out in these GCS, provided that it is complete and does not bear signs of use.
2.11. The Supplier shall not be liable for any damage which could have been avoided or limited in the case of proper inspection, as well as resulting from improper loading and securing for transport, transport, unloading, storage, security at the construction site, assembly.
2.12. Refusal or delay in acceptance of the Goods shall not affect the issue of an invoice and payment conditions, and furthermore entitles the Supplier to calculate remuneration for storage of the Goods at the rate of PLN 25 per day per square metre of storage area.
2.13. Shipments of goods are carried out on working days from 8:00 to 15:00
2. 14th O unless a given offer or agreement provides otherwise, a VAT invoice is attached to the shipment and is placed together with the waybill of the forwarder or carrier.
2.16th The Purchaser obtains the ownership of the Goods w at the time of payment of the full purchase price.
3. PRICE AND PAYMENT CONDITIONS
3. 1 The Supplier’s Price List and offers are made in writing only and are valid for the period of w nich indicated.
3.2 The Supplier has the right to require prepayment of all or part of the purchase price of the ordered Goods before proceeding to execute the Order, however, the Parties may each time agree on different payment terms.
3.3 In the case of delivery at the Supplier’s expense, the costs of delivery shall increase the amount due for the sale of the i they shall be recognized as a separate item on a VAT invoice.
4. WARRANTY
4. 1 The warranty covers only defects in the Goods caused by defective parts, materials or manufacturing defects revealed within the warranty period from the date of the VAT invoice or the delivery of the Goods – w w dependence which of these dates is earlier.
4.2 The Goods may be considered as defective if at the time of sale by the Supplier it does not fulfil the functions specified in the operating instructions, technical conditions or other similar documents made available by the Supplier and the Customer, which existed on the date of purchase of the Goods.2.7. constitutes acceptance of the Goods without reservations.
The Supplier shall take all reasonable steps to enable and facilitate the Purchaser to pursue possible claims for damages from the carrier, including possible assignment of claims in this respect.
2.8. The Purchaser is not entitled to assign or transfer any rights and/or obligations under the contract or the Order to any third party without the prior written consent of the Supplier.
2.9. Ownership and risk of loss of i damage to the Goods shall pass to the Purchaser in accordance with Ex Works rule (Incoterms 2000).
2.10. Damaged for reasons for which the sole responsibility is borne by the Supplier or inconsistent with the Order Goods may be returned / not accepted under the terms and conditions set out in these GCS, provided that it is complete and does not bear signs of use.
2.11. The Supplier shall not be liable for any damage which could have been avoided or limited in the case of proper inspection, as well as resulting from improper loading and securing for transport, transport, unloading, storage, security at the construction site, assembly.
2.12. Refusal or delay in acceptance of the Goods shall not affect the issue of an invoice and payment conditions, and furthermore entitles the Supplier to calculate remuneration for storage of the Goods at the rate of PLN 25 per day per square metre of storage area.
2.13. Shipments of goods are carried out on working days from 8:00 to 15:00
2. 14th O unless a given offer or agreement provides otherwise, a VAT invoice is attached to the shipment and is placed together with the waybill of the forwarder or carrier.
2.16th The Purchaser obtains the ownership of the Goods w at the time of payment of the full purchase price.
3. PRICE AND PAYMENT CONDITIONS
3. 1 The Supplier’s Price List and offers are made in writing only and are valid for the period of w nich indicated.
3.2 The Supplier has the right to require prepayment of all or part of the purchase price of the ordered Goods before proceeding to execute the Order, however, the Parties may each time agree on different payment terms.
3.3 In the case of delivery at the Supplier’s expense, the costs of delivery shall increase the amount due for the sale of the i they shall be recognized as a separate item on a VAT invoice.
4. WARRANTY
4. 1 The warranty covers only defects in the Goods caused by defective parts, materials or manufacturing defects revealed within the warranty period from the date of the VAT invoice or the delivery of the Goods – w w dependence which of these dates is earlier.
4.2 The Goods may be considered as defective if at the time of sale by the Supplier it does not fulfil the functions specified in the operating instructions, technical conditions or other similar documents made available by the Supplier and the Customer, which existed on the date of purchase of the Goods.2.7. constitutes acceptance of the Goods without reservations.
The Supplier shall take all reasonable steps to enable and facilitate the Purchaser to pursue possible claims for damages from the carrier, including possible assignment of claims in this respect.
2.8. The Purchaser is not entitled to assign or transfer any rights and/or obligations under the contract or the Order to any third party without the prior written consent of the Supplier.
2.9. Ownership and risk of loss of i damage to the Goods shall pass to the Purchaser in accordance with Ex Works rule (Incoterms 2000).
2.10. Damaged for reasons for which the sole responsibility is borne by the Supplier or inconsistent with the Order Goods may be returned / not accepted under the terms and conditions set out in these GCS, provided that it is complete and does not bear signs of use.
2.11. The Supplier shall not be liable for any damage which could have been avoided or limited in the case of proper inspection, as well as resulting from improper loading and securing for transport, transport, unloading, storage, security at the construction site, assembly.
2.12. Refusal or delay in acceptance of the Goods shall not affect the issue of an invoice and payment conditions, and furthermore entitles the Supplier to calculate remuneration for storage of the Goods at the rate of PLN 25 per day per square metre of storage area.
2.13. Shipments of goods are carried out on working days from 8:00 to 15:00
2. 14th O unless a given offer or agreement provides otherwise, a VAT invoice is attached to the shipment and is placed together with the waybill of the forwarder or carrier.
2.16th The Purchaser obtains the ownership of the Goods w at the time of payment of the full purchase price.
3. PRICE AND PAYMENT CONDITIONS
3. 1 The Supplier’s Price List and offers are made in writing only and are valid for the period of w nich indicated.
3.2 The Supplier has the right to require prepayment of all or part of the purchase price of the ordered Goods before proceeding to execute the Order, however, the Parties may each time agree on different payment terms.
3.3 In the case of delivery at the Supplier’s expense, the costs of delivery shall increase the amount due for the sale of the i they shall be recognized as a separate item on a VAT invoice.
4. WARRANTY
4. 1 The warranty covers only defects in the Goods caused by defective parts, materials or manufacturing defects revealed within the warranty period from the date of the VAT invoice or the delivery of the Goods – w w dependence which of these dates is earlier.
4.2 The Goods may be considered as defective if at the time of sale by the Supplier it does not fulfil the functions specified in the operating instructions, technical conditions or other similar documents made available by the Supplier and the Customer, which existed on the date of purchase of the Goods.
4.3 The warranty does not cover consumables and parts with a defined period of proper functioning of the i subject to natural wear and tear – handles, grill grates, fireplace grates.
4.4 Defects of the Goods revealed during the warranty period shall be removed, depending on the Supplier’s decision, by repair or replacement with a defect-free one. 8 W in order to benefit from the guarantee rights specified in this document, it is necessary to:
4. 8. 1 Report the Supplier’s damage or defect:
a) via (tel. +48607221623; email. Lk.smoker@gmail.com)
b) fill in the document;
4.8. 2 The application will be immediately registered by the Supplier under a unique number, a the Buyer will receive a confirmation of registration of the application.
4. 9 The Supplier reserves the right to charge the Purchaser with the costs of technical expertise, repair, transport (to and from the seat of the Supplier), insurance and customs duties, if the damage was not covered by the Guarantee or if the goods prove to be in working order.
4.10 The goods sent to the Supplier with in breach of the procedure as defined in section 4.8, shall not be subject to the guarantee services and shall be sent back to the Purchaser at his sole expense and risk. In case the Goods are sent by a person who is not the Purchaser, the preceding sentence shall apply accordingly. 11 The guarantee does not cover:
4.11. 1 Mechanical damage to the Goods, damage to the Goods resulting from improper installation, use or other actions contrary to the Supplier’s recommendations, technical conditions of the Goods or customary rules of conduct with the Goods of the respective type;
4.11. 2 Damage to the Goods resulting from incorrect connection of other devices, in particular in a manner inconsistent with the Supplier’s recommendations or parameters of the Goods, and also such damage, which resulted from defects (damage, interferences in the operation of the devices properly connected to the Goods. 3 Damage to the Goods caused by random events, floods, floods, fires, lightning or other natural disasters, war, unforeseen accidents or other external factors;
4.11.4 Goods, w which the Buyer or other persons have interfered in the Goods in any way;
4. 11.5 Defects arising from the use of inappropriate or non-original, also other than those recommended by the Manufacturer or Supplier, consumables;
4.11.8 Damages arising from the fault, negligence or unjustified ignorance of the Purchaser.
4.12. The guarantee shall be provided through Repair of the defective item or replacement of the entire device. Replacement of the defective item or its component shall become the property of the Supplier w upon delivery to the Supplier’s service. The cost of transport of repaired or replaced Goods shall be borne by the Supplier, subject to provisions 4.8, 4.9 and 4.10.
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4.13. The Supplier shall not be liable for any failure to fulfil contractual obligations, including those set out in the guarantee, if such failure is due to circumstances of force majeure on the part of the Supplier or manufacturer. Force majeure is any event beyond the control of the Supplier that prevents or results in the performance of warranty services that are incompatible with these terms and conditions, which could not be taken into account by the Supplier acting with professional diligence at the time of granting the warranty. <4.15. The Supplier reserves the right to refuse to provide warranty services if the performance of these services would threaten to violate applicable laws. 4.16. The rights under the guarantee do not include the right of the person entitled to warranty services to demand the return of lost profits in connection with defects in the goods. The Supplier shall not be liable for damage to property caused by defective Goods, which does not exclude the Supplier's liability as the manufacturer for dangerous products.
5. INTELLECTUAL PROPERTY RIGHTS
5. 1 All intellectual property rights, copyrights and derivative rights to the Merchandise, its production methods, components and proportions and documentation, w including: trademarks, trade marks, technical specifications and patents from the Supplier or other representatives of the Supplier are reserved i they remain the exclusive property of the Supplier. Making available or providing the Buyer with information constituting intellectual property of the Supplier shall not be considered or interpreted as transfer of any works or granting any rights in relation to the provided information.
5.2 The Buyer shall not be entitled to copy, duplicate, modify, interfere with, decompile, reconstruct or reconstruct the structure of the Goods, design or documentation, as well as may not allow such actions to be performed by third parties without prior written consent of the Supplier.
5. 3 The Buyer is not authorized to copy, duplicate or disclose to third parties any information concerning the technical structure or functioning of the Merchandise or any confidential information, including commercial information, related to the Merchandise and to use such information in any other way than that resulting from the normal use of the Merchandise.
5.4 The Supplier shall indemnify the Buyer from and against any justified claims of third parties resulting from the infringement of intellectual property rights by the Goods produced by the Supplier provided that the Supplier is immediately informed of such claim. The obligation to indemnify the Buyer does not arise in the situation of Goods manufactured in accordance with specifications or design provided, directly or indirectly, by the Buyer or the Supplier, if the Goods are used contrary to their intended purpose or the Supplier’s recommendations.
6.LIMITATION OF LIABILITY
6.2 The Supplier does not give any warranties or undertakings other than those expressly stated in these GTS or a separate agreement with respect to the Goods and services related to the performance of the agreement for the sale of the Goods shall be the exclusive basis for the Purchaser’s claims against the Supplier in the event of a breach of these GTS. The liability for damages of the Supplier of w in each case is limited to the actual damage, but may not exceed the value of a given sales transaction or the amount of 20 000 PLN – the lower value is decisive.
7. PERSONAL DATA PROTECTION
7. 1 The Supplier undertakes to process Buyer’s personal data under the terms and conditions set out in the relevant legal provisions, including in particular the Act on Personal Data Protection of 29 August 1997. (Dz. U. z 1997 r,No. 133, item 883).
7.2 Hereby the Buyer agrees to send his personal data to the Supplier’s partners regardless of their seat, if it is necessary for the proper performance of contracts of sale or services connected with Towarowarem.
7.3 Hereby the Buyer agrees to receive from the Supplier commercial information transmitted electronically.
7.4 The Buyer has the right to reserve the right not to give consent to the processing of personal data of his or his employees in for a specific purpose.
8. ENVIRONMENTAL PROTECTION
8. 1 The Purchaser is responsible for ensuring compliance with applicable environmental regulations in relation to all activities concerning the Goods.
9. I JUSTICE
9. 1 Polish law, z with the exception of its rules or principles of private international law concerning the jurisdiction of the courts and the UN Convention on Contracts for the International Sale of Goods, the validity of which is hereby excluded, shall govern all matters relating to the transactions concluded on the basis of these General Terms and Conditions of Sale.
9. 2 Any disputes relating to the contracts of sale concluded on the basis of these General Terms and Conditions shall be settled exclusively by the court having jurisdiction over the Supplier.
10 FINAL PROVISIONS
10. 1 W in the case of legal ineffectiveness of individual provisions, the remaining provisions of GCS and Orders executed on their basis shall remain in force. The Parties shall individually agree on the provisions replacing the ineffective provisions, which will reflect as closely as possible the economic and legal intentions relevant to the deleted provision.
10.2 GCS are valid since 2000. The Supplier reserves the right to modify the General Terms and Conditions of Sale w in case of occurrence of organizational, legal or other changes concerning KB Dom, w mode and with the effects specified in the Civil Code.
10.3 The Supplier assumes only the obligations directly expressed in these GTS.
10.4 Any waiver of rights, change of contractual provisions, obligations or any contractual rights shall be made in writing with signature of the Supplier under pain of invalidity.
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