GENERAL TERMS AND CONDITIONS FOR THE SALES OF PRODUCTS OF “EKPOLS” SP. Z O.O. IN PŁOMYKOWO

 

I. Conclusion of an agreement.

  1. These General Terms and Conditions shall apply to each transaction involving the sales of products of “EKPOLS” sp. z o.o. in Płomykowo, hereinafter referred to as the “Company”, both domestically and internationally.
  2. The Buyer’s order should be submitted by e-mail or in writing.
  3. An order should specify the assortment and quantity of goods, their price, payment date, and the date and place of delivery.
  4. The conclusion of an agreement requires that the Company send an order confirmation by e-mail or in writing.
  5. The Parties rule out the possibility of concluding an agreement as a result of a lack of the Company’s reply to an order.
  6. The Company’s reply to an order including proposed changes constitutes a new proposal.
  7. If the Company’s proposal is accepted, the Buyer is obliged to place a new order by e-mail or in writing.
  8. The conclusion of an agreement requires that the Company send a statement of order acceptance by e-mail or in writing.

 

II. Release of goods. Container return.

  1. The goods shall be released on the basis of a waybill or an external release (W-Z) document.
  2. Upon the release of goods by the Company to the Buyer or a carrier engaged by the Buyer, the danger of accidental loss or damage to the goods shall pass to the Buyer. The carrier acting for the Buyer shall be responsible for properly securing the goods during transport.
  3. The Buyer is obliged to release containers to the Company, in exchange for containers in which goods were released, on the date of release of those goods. Should the Buyer fail to release containers to the Company within the time limit specified above, the Buyer shall pay the Company a contractual penalty in the amount of PLN 25,00 per unreleased container.

 

III. Complaints.

  1. The collection of goods and signing the waybill or the external release document shall mean that the Buyer has no reservations as to the compliance of the goods with the agreement, including their quality and quantity.
  2. Any reservations as to the compliance of goods with the agreement, including their quality in terms of defects that can be ascertained upon receipt and quantity, shall be reported by the Buyer on the date of their receipt by making appropriate annotations on the waybill or the external release document. In addition, should reservations be made, the Buyer is obliged to notify the Company about them no later than on the next day after receipt of the goods by e-mail or in writing using the Complaint Sheet form available on the Company’s website.
  3. Failure to perform the activities referred to in section 2 causes the Buyer to lose the right to submit a complaint regarding the quantity of the goods and quality defects that can be ascertained upon receipt, to use the commercial warranty rights in the above-mentioned scope or to make claims for non-performance or improper performance of the agreement.
  4. The Buyer is obliged to report to the Company any reservations as to the compliance of goods with the agreement, including their quality in terms of quality defects that cannot be ascertained upon receipt of the goods, at the latest within 24 hours from the date of discovery of a possible defect by e-mail or in writing, using the Complaint Sheet form available on the Company’s website, no later, however, than by the expiry date indicated by the Company for a given assortment of the goods.

A notification is considered effective when information is received by the Company using the Complaint Sheet form.

  1. Placing a complaint does not release the Buyer from the obligation to pay for goods delivered.
  2. In the event that the Company accepts a complaint and the defects of goods require to dispose of it, the basis for settlements of the Parties shall be the disposal document produced by the Buyer, issued by an authorized/certified disposal facility.

 

IV. Terms and conditions of withdrawal.

  1. In the event of a delay in payment by the Buyer of all or a part of the price for goods delivered, the Company shall suspend non-completed deliveries of goods and call upon the Buyer to pay the amount due via e-mail. If the amount due is not paid within the additional period of 5 days from the date of sending the request, as defined by the Company, the Company may withdraw from the agreement with immediate effect, without any legal consequences, and any and all claims of the Company against the Buyer resulting from the performance of the agreement shall become immediately due.
  2. In the case referred to in section 1, the Company has the right to charge the Buyer with all costs and losses related to the improper performance of the agreement by the Buyer, including those resulting from the failure to perform other deliveries.

 

V. Force majeure.

The Parties are not liable for non-performance of an agreement in whole or in part due to force majeure events that prevent the performance of the agreement. Force majeure means an external event, impossible to predict and prevent, such as, in particular: catastrophic acts of nature, legal acts or decisions of state or local authorities (e.g. expropriation), disturbances in social life (e.g. epidemics, wars, acts of terror, riots), extraordinary difficulties in communication and transport of goods. In the case of the Company, a case of force majeure is also a technical failure that occurred for reasons beyond the control of the Company.

 

VI. Applicable law in international trade.

  1. The provisions of the United Nations Convention on Contracts for the International Sale of Goods, drawn up in Vienna on 11 April 1980, and the United Nations Convention on the Limitation Period in the International Sale of Goods, drawn up in New York on 14 June 1974, shall not apply in the scope of transactions covered by these General Terms and Conditions.
  2. Polish laws shall apply exclusively to the terms and conditions of transactions and any disputes that may arise from transactions covered by these General Terms and Conditions of Sale.

 

VII. Amendments to an agreement. Court jurisdiction.

  1. Any amendments to an agreement require an exchange of consistent declarations of intention by e-mail or in writing, under pain of nullity.
  2. In the event of disputes that may arise from transactions covered by these General Terms and Conditions of Sale, the only competent court is a court in Poland, having territorial jurisdiction over the registered office of the Company.