I. GENERAL TERMS AND CONDITIONS OF THE SALE OF EKPOLS SP. Z O.O. PRODUCTS IN PŁOMYKOWO
I. Entering into the agreement
1.1. These rules apply to every transaction that involves the sale of Ekpols Sp. z o.o. products in Płomykowo, hereinafter referred to as “Company”, both in the domestic and international market.
2.1. The buyer should place an order by fax or in writing.
2.2. The order should specify the products and their quantity, price payment deadline as well as delivery date.
2.3. The agreement is deemed concluded once the Company sends an order receipt confirmation by fax or in writing.
3.1. The parties exclude the possibility of entering into the agreement as a result of the lack of the Company’s response to the order.
4.1. The Company’s response to the order containing suggested changes constitutes a new offer.
4.2. If the Buyer accepts the Company’s offer, he/she is obliged to place a new order by fax or in writing.
4.3. The agreement is deemed concluded once the Company sends an order receipt confirmation by fax or in writing.
II. TRANSFER OF OWNERSHIP
1. The Buyer purchases the goods subject to the condition precedent that the Buyer pays the entire price. The subject of the contract remains the property of the Company until the above condition is met.
III. RELEASE OF GOODS
1. Goods are released on the basis of a waybill or a stock issue confirmation.
2. Once the goods are released by the Company to the carrier acting on behalf of the Buyer, the risk of the accidental loss or damage of the goods is transferred to the Buyer.
1. Collecting goods and signing a waybill or a stock issue confirmation means that the Buyer does not have any reservations as to the conformity of the goods with the agreement, including their quality and quantity.
2. The Buyer is obliged to report any reservations concerning the conformity of the goods with the agreement, including their quality and quantity, by making relevant comments on the waybill or a stock issue confirmation. In there are any reservations, the Buyer is also obliged to notify the Company about this fact on the next day after the receipt of the goods by fax or in writing at the latest.
3. Failure to perform the activities referred to in Section 2 results in the Buyer’s loss of its right to lodge a complaint related to the goods, exercise its statutory warranty rights or bring a claim arising from the non-performance or improper performance of the agreement.
V. LAW APPLICABLE TO INTERNATIONAL TRADE
1. Provisions of the United Nations Convention on Contracts for the International Sale of Goods, executed in Vienna on 11 April 1980, and the Convention on the Limitation Period in the International Sale of Goods, executed in New York on 14 June 1974, do not apply to transactions covered by these general terms and conditions.
2. Any disputes that may arise from transactions covered by these general terms and conditions shall be regulated by Polish law.
1.1. Any disputes that may arise from transactions covered by these general terms and conditions shall be settled by a Polish court having jurisdiction over the Company’s registered office.