§1 GENERAL PROVISIONS
- These General Terms and Conditions of Sale govern the sale of goods and services offered by SELVECO and apply to all sales contracts concluded by Selveco as Supplier.
- General Terms of Sale are an integral part of all contracts concluded by the Customers and define the relationship between the Supplier and the Customer.
- These General Terms and Conditions of Business apply to contracts concluded with entrepreneurs and consumers within the meaning of the provisions of the Civil Code.
- Establishment of a business relationship with Selveco means acceptance by the Recipient of these General Terms of Sale as binding.
- Acceptance by the Recipient of any General Terms and Conditions in any contract or contract shall be deemed to be their full acceptance for all subsequent contracts or contracts. In the event of a change of General Conditions, the Recipient and the Supplier are obliged in each case of the General Conditions of Business on the day the order is placed by the Customer..
- Suppliers are not subject to any sale terms or reservations of the recipient that conflict with these terms, even if the supplier has not expressly objected to such terms or reservations..
- All existing terms and conditions are subject to updates to these GTC.
- Terms used in these General Terms of Sale are understood as follows:
General Terms of Sale – General Terms and Conditions, Supplier – Selveco Boats & Ribs Sp. z o.o., Goods – item marked as to the species, delivered to the Recipient on the basis of the order submitted by the Consignee, Price of the commodity – price of the commodity resulting from the price list of the supplier in force On the day of receiving the order by the Supplier. Prices included in the price list are net prices, which will be increased by the amount of VAT in accordance with the regulations in force on the date of VAT invoice. In the case of individual pricing, the amount will be determined by agreement between the supplier and the customer.
§2 OFFERS, ORDERS
- No information contained in the catalogs, folders and advertisements of the supplier does not constitute an offer within the meaning of the Civil Code.
- The contract is concluded on the basis of the order submitted by the Recipient. In the order, the recipient shall provide his details, including the telephone number, quantity and type of ordered goods, agreed upon with the supplier, date and place of delivery.
2.1. The minimum order value is 100,00 PLN.
- Should the Supplier accept the order for execution, he will send the Receiver confirmation of acceptance of the order for execution.
- Placing an order does not bind the Supplier, and the lack of its response will not imply a tacit acceptance of the order and can not be interpreted as acceptance of the offer.
4.1. Adoption of the contract does not bind the Supplier in the event that the aggregate Obligations of the Supplier towards the Supplier exceed the amount of the merchant credit optionally granted to the payee by the Supplier or if the Customer is delayed to pay to the Supplier any receivables.
- The Supplier agrees to deliver the goods ordered by the Customer on the terms and at the dates specified in the order, provided that the Supplier is bound by the delivery date only when it has confirmed this time in writing..
5.1. The consignee is obliged to collect the ordered goods and make payment for it.
5.2. At the latest by the date of receipt of the goods, the Recipient is obliged to submit to the Supplier his registration documents, in particular such as the certificate from the Business Activity Register (in the case of natural persons conducting business activity) or the current copy of the register of entrepreneurs of the National Court Register, REGON certificate, NIP number, under the pain of refusing the order. Activities mentioned above should be done by registered mail or by fax, e-mail.
§3 PRICES, CONDITIONS OF PAYMENT
- The recipient will pay for the goods the price specified by the Supplier in the order confirmation.
- Payments to the Supplier will be made on the basis of a pro forma invoice, VAT invoice within the time specified therein, and in the absence of such a deadline within no more than 7 days from the date of issue of the Goods.
2.1. The recipient authorizes the Supplier to issue invoices without signature for his part.
- Where the parties agree not to indicate whether the rates or prices are expressed in gross or net, it is to be assumed that these are the rates or net prices to which VAT will be added in accordance with the provisions in force on the day the VAT invoice is issued.
3.1. If the rates are expressed in a currency other than Polish zloty (PLN), the invoice price is the Polish zloty equivalent of the given currency exchange rate, according to the exchange rate of the given currency announced by the National Bank of Poland in force on the day the VAT invoice is issued by the Supplier.
- The date of payment is the date of receipt of the receivable to the bank account of the Supplier.
- Prices are based on current Vendor Prices, material costs, storage and transportation. In the event of their growth above 5%, between the acceptance by the Supplier of the order for execution and the date of actual delivery, the Supplier reserves the right to adjust the prices.
- Any additional costs, such as insurance, freight charges, taxes, will be borne by the Consignee unless otherwise agreed.
- Filing a complaint does not entitle the Recipient to withhold payment for the delivered goods.
- If there is a reasonable fear that the Customer will not meet its obligations, the Supplier shall have the right to demand, prior to the delivery of the goods, and regardless of the payment deadline established, payment of the entire payment to the Supplier.
8.1. Exceeding the Settlement Date by the Recipient gives the Supplier the right to demand interest. Unless otherwise agreed, the Providers are subject to statutory interest.
- In the case of a change in the price of Goods by the Supplier, the Supplier is obliged to notify the Customer of the new price list 14 days in advance.
9.1. The Supplier reserves the right to change the price, technical specifications and packaging size specified in the order, as a result of extraordinary circumstances unaffected by changes in prices at its suppliers. About the above, the Supplier will notify the Recipient within 7 days of the Supplier’s notice of extraordinary circumstances. The new price, technical parameters and packaging size must be accepted by the Recipient, otherwise the contract is considered to be terminated. Non-acceptance of the recipient within 7 days is considered for acceptance of the new terms of the contract.
§4 PROPERTY RESERVATION
- Until the total payment is made, the goods remain the property of the Supplier.
- The recipient bears the risk of accidental loss or damage to the goods from the time of issue.
- Until the Customer pays the full price, he or she can: – Make no charge or establish limited rights in rem in the goods, – Return the goods to a third party under any contract, – Transfer ownership of the goods to a third party.
§5 DELIVERY, RISK, STRENGTH
- The contract shall be deemed to have been fulfilled by the Supplier upon delivery of the goods or upon the expiry of the period agreed for receipt of the goods if the goods have not been received within this period.
- The Supplier shall use due diligence to meet the delivery dates it has confirmed.
- The goods shall be released to the Customer at the place indicated by the Customer as the place of delivery, with the proviso that persons active on the premises shall be authorised to collect the goods, unless the Customer indicates in the order the person or persons authorised to collect the goods.
3.1. The absence of the above-mentioned persons at the place of delivery, will result in charges related to the waiting time for their arrival, and in the event that the waiting time exceeds 120 minutes, the Supplier shall be entitled to cancel the order and additionally charge the Consignee with an amount equal to the value of the unclaimed goods and the costs of the losses incurred, including transport.
- The Customer may also collect the goods from the Supplier’s warehouse or any other place indicated by the Supplier with his own transport.
4.1. Responsibility for the goods shall be assumed by the Customer when the goods are released from the Supplier’s warehouse to the person driving the Customer’s means of transport or to another person indicated in writing by the Supplier in the order.
- Upon receipt, the consignee is obliged to examine the goods in terms of assortment, quantity and, if possible, quality (if it is not possible upon receipt, the consignee is obliged to check the quality of the goods within 3 days of delivery).
5.1. Receipt of the goods without examination shall be deemed to be confirmation of the absence of visible defects in the goods
- The Supplier, handing over the goods to the Customer, shall also hand over all documentation (including technical documentation, instructions, guarantee card for the equipment) related to the goods.
- If the Supplier’s or the Customer’s inability to perform has occurred due to force majeure, the parties shall not be entitled to any claims for compensation for damage resulting from non-performance or improper performance of the contract. Events defined as force majeure shall include, but not be limited to, interruptions in the operation of a plant producing the goods concerned for which the Supplier is not responsible, restrictions imposed by orders of the authorities, war, natural disasters, strikes, roadblocks and other situations making it impossible for the Supplier or the Customer to perform.
§6 COMPLAINTS, GUARANTEE, GUARANTEE, SCOPE OF LIABILITY
- For the supplied brand new goods, the Supplier provides a warranty and a 12-month guarantee.
- The Customer undertakes to store, apply and use the goods in conditions appropriate to the type of goods supplied by the Supplier. The Customer declares that he is aware of the conditions for storage, application and use of the goods, which are made available in the technical sheets.
- The Supplier undertakes to remove physical defects of goods free of charge, provided that the goods have been examined upon acceptance (the examination should be confirmed by a protocol drawn up for this purpose), and the Customer shall notify the Supplier of any physical defects found in writing within 3 days of their discovery.
3.1 The written notification of physical defects shall include:
1) Precise identification of the goods supplied (name, type, catalogue number, serial number),
2) Description of the defect,
3) Signature of the person authorised to act on behalf of the Customer.
3.2 Failure to report visible physical defects of the goods within the time limit shall result in the forfeiture of warranty rights in respect of such defects.
3.3. If the reported physical defects are considered justified, the Supplier shall proceed to rectify the defects within 30 working days from the date the defects are reported. However, if it is necessary to replace the goods with a new one, the deadline for doing so shall be set individually and shall not be shorter than the deadline for the prior delivery of the goods.wy.
- The Customer shall lose his/her rights under the guarantee if the goods are used contrary to their intended use and the accompanying documentation, if he/she carries out repairs, modifications or alterations on his/her own or if he/she subcontracts them to a third party, if the Supplier’s service department fails to perform a guarantee inspection, if the serial numbers of the goods are altered, removed or obliterated, if he/she uses consumables prohibited or not recommended by the Supplier.
- The guarantee does not cover materials that wear out due to the use of the goods (e.g. oil filters, oils and fluids, etc.).
- In the case of transport damages, under pain of losing any claims under the guarantee, the Customer shall be obliged to report to the person in charge of the means of transport any noticed infringement of the consignment and to state it in a report, including a detailed description of losses and damages and the circumstances in which they occurred..
The consignee shall also be obliged to notify the Supplier immediately of detected defects and damage to the consignment by fax or e-mail, enclosing a copy of the protocol.
- If the consignment received by the Recipient is damaged, the condition for the Supplier to be able to accept the complaint is to submit, together with the complaint, a protocol drawn up for this circumstance specifying the type of defects and the quantity of defective goods.
7.1 A complaint must be made immediately, but at the latest within 3 days of discovering the defect.
7.2 A complaint shall be made in writing to be valid. In the complaint the Customer shall indicate: order number, VAT invoice number, date of delivery, quantity and type of goods complained of and type of defects.
7.3 A complaint accepted by the Supplier, obliges him to immediately remove the defect or, if possible, to replace the goods with new ones.
7.4 The Supplier may withhold the Customer’s claims under a complaint until the Customer has settled all outstanding financial obligations.
8. The Supplier shall only be liable for damages incurred by the Customer as a result of normal use.
8.1 The Supplier’s liability for defects in goods shall be limited to the net value of the goods claimed.
8.2 The Supplier shall not be liable for any damage caused by improper storage, use or application of the goods, for manufacturing and design errors of third parties, also in case the Customer or a third party made changes to the goods. The Supplier shall also not be liable if the Customer uses the delivered goods contrary to their technical purpose.
8.3 The Supplier’s liability in connection with the conclusion of a contract or the sale of goods, regardless of the title of such liability, shall not include compensation for damages relating to expected benefits, lost profit, production losses, etc.
8.4 The Customer shall not be entitled to claim compensation from the Supplier for any damage caused by the goods (including by a hazardous product) or in connection with their possession or use, except for mandatory liability arising directly from mandatory legal provisions.
§7 FINAL PROVISIONS, SETTLEMENT OF DISPUTES
- The Parties shall strive to resolve any disputes arising out of or in connection with contracts concluded under these GTS by way of agreement.
- The court competent to settle disputes shall be the court competent for the seat of the Supplier.
- These GTS shall apply to any contract under which the Supplier sells any goods, if the Customer has been informed about them in any form and at any time or could easily become acquainted with their content.
In matters not regulated by these GTS, the provisions of the Civil Code and other mandatory regulations shall apply
Wojkowice, 01 grudnia, 2022