General Terms and Conditions of Sale
of "ALINOX" SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
Purpose, scope of regulation and application of GTCS
- The purpose of the General Terms and Conditions of Sale, hereinafter referred to as GTCS, is to regulate the mutual rights and obligations resulting from conclusion of the sale contract regarding products offered by "Alinox" spółka z ograniczoną odpowiedzialnością with registered office in Mysłowice, ul. Partyzantów 7, entered in the Register of Entrepreneurs kept by the District Court Katowice-Wschód in Katowice, 7th Commercial Division of the National Court Register under KRS number 0000279327, share capital PLN 2 150 000.00, tax identification number NIP 6431705926, hereinafter referred to as the Seller.
- The GTCS are binding for the parties concluding the sale contracts with the Seller, hereinafter referred to as the Buyers, except for natural persons who conclude a sale contract with the Seller not related directly to their business or professional activity.
- The GTCS form an integral part of the sale contracts concluded with the Seller and determine the rights and obligations of the Seller and Buyer. Any deviation from the GTCS must be made in writing or else shall be null and void. In case of any discrepancies between the conditions of the contract and GTCS, the conditions of sale provided for in the contract concluded between the parties shall apply.
- The GTCS are presented to the Buyer for familiarisation and acceptance no later than at the time of order placement and are available on the website www.alinox.pl. Placement of an order by the Buyer is equivalent to acceptance of the effective GTCS of the Seller. If the Buyer remains in continuous commercial relations with the Seller, acceptance of GTCS by the Buyer when placing the first order is considered as their acceptance for all other orders and contracts of sale until their content is amended or their applicability revoked. The Seller is not bound by any terms and conditions of sale or reservations of the Buyer that are not compliant with the GTCS, even if the Seller does not raise an express objection against such terms and conditions or reservations.
- All information regarding offered goods, conversion rates, dimension and weight tolerances as well as quality presented by the Seller in the catalogues, advertising brochures and on the website is of informative nature. The documents presenting all technical information in detail are the effective national and European standards.
- The goods are sold quantitatively, according to the units of sale (e.g. m, kg).
- Responsibility for technical data, quality and quantity meeting the Buyer's needs lies with the Buyer. The Seller accepts no liability for proper selection of the ordered product for the specific application by the Buyer or its further contractors.
- If no quality requirements are specified for the goods in the contract, it is assumed that the tolerances are to be compliant with a relevant standard.
- The Seller is obliged to supply the goods according to the contract. The Seller reserves the quantitative accuracy tolerance in performance of the contract at the following level for the particular items:
1) +/- 15% for orders from 1 to 500 kg in a single product range;
2) +/- 10% for orders exceeding 500 kg in a single product range.
- The Seller shall, if so required by the Buyer, confirm the technical data of the goods attaching it with a copy of the relevant attestation or quality certificate. The Seller can charge a fee for such a copy according to the effective rates, unless the parties agree otherwise.
- Unless the contract stipulates otherwise, the goods shall be collected from the Seller's seat.
- Unless the contract stipulates otherwise, the Buyer shall collect the goods immediately after the notice of readiness for release. In case of a delay in collection, the Buyer may be charged with the storage costs and storage of the goods can be entrusted to a third party at the expense and risk of the Buyer, reserving other rights of the Seller.
- If the delivery to the Buyer is performed using the Seller's means of transport, the Buyer is obliged to ensure the possibility of accessing the place of unloading to the trucks, ensure equipment and personnel for unloading as well as verification of quantity and quality of the supplied Goods. The Seller accepts no liability for any damage to the goods or delays in delivery caused by the Buyer's failure to fulfil the above obligations. The Seller can charge the Buyer with the costs of unjustified standstill.
- The Seller accepts no liability for delays in contract performance and the lead time shall be extended by the duration of the damage resulting from circumstances beyond the parties' control, including but not limited to: untimely delivery of material by the Seller's contractors, force majeure events, unpredictable disturbances in the Seller's operation, including carriage and customs delays, damage in transit, including road blockades, time limitations in heavy road transport, electric energy shortages, material and raw material shortages, etc. The Seller's failure to meet the delivery deadline due to the above reasons shall not grant the Buyer the right to raise any claims for rectification of any damage sustained as a result of failure to perform the contract or to perform it on time.
- If the Buyer is in delay with regard to payment for goods or collection of the goods, the Seller shall have the right to withhold execution of further orders until the relevant payments are made or the goods are collected.
- The Seller shall ensure goods packaging adequate for the mode of carriage.
- Materials used to secure the goods are the Seller's own cost and are not subject to return, except for wooden pallets, wooden crates, metal containers, big-bag type packaging. The Seller can charge a security deposit for the returnable pallets at an amount agreed with the Buyer.
- The Buyer is obliged to return the returnable packaging referred to in para. 2 to the Seller within 30 days. If the Buyer fails to return the packaging or the returned packaging is damaged or destroyed in a manner precluding its further use, the Seller shall charge the Buyer with the costs of returnable packaging according to the effective rates. Until returned, the Buyer is liable for damage or destruction of the packaging.
- The Buyer is obliged to notify the Seller about the planned date of packaging return for the purpose of proper organisation of its collection.
Prices and Terms of Payment
- The specified prices are net prices - they do not include value added tax, unless the contract stipulates otherwise.
- The costs of delivery to the Buyer and other additional services are agreed individually when the order is placed. All other costs that may result during order execution, e.g. re-packaging, cutting, foil wrapping, transloading as well as other fees and taxes effective at the time of order execution shall be charged to the Buyer, unless the parties agree otherwise.
- The Buyer is obliged to pay for the ordered goods in the manner and within the time limit specified in the VAT invoice. The Seller considers the day of payments as the day on which the funds are credited in the Seller's account.
- The Buyer's submittal of a warranty claim does not release it from the obligation to make the payments resulting from the issued VAT invoices on time.
- In case of a delay in payment, the Seller reserves the right to charge statutory default interest and is entitled to seek, in addition to the principal and default interest, also the court fees, enforcement fees, attorney's fees and all costs related to enforcement of the Seller's receivable.
- The Buyer undertakes to strictly observe the instructions regarding further processing of the goods (production instructions), installation, start-up and operation (instruction manual). The Seller's liability is excluded in case of the Buyer's failure to observe these instructions or the Buyer's failure to meet the conditions of approval for operation or approval of a building product for trade and common use or, potentially, approval for trade and individual use, as prescribed by the law.
- The Buyer is obliged to inspect the goods in quantitative and qualitative terms on the day of collection. All objections with regard to the quantity and quality of the supplied goods must be entered in a document signed by the supplier (e.g. in the CMR, delivery note) and in case of collection at the Seller's seat - by the employee releasing the goods.
- The Buyer is obliged to submit the quantitative claim in writing immediately upon goods collection, no later than within 3 days from goods collection, or else the rights arising from quantitative shortage shall expire.
- The Buyer is obliged to submit the qualitative claim in writing immediately upon goods collection, no later than within 3 days from goods collection, and if the defect is revealed only later - immediately, no later than within 3 days from its discovery, or else the rights arising from such defects shall expire.
- The Buyer can submit the qualitative claims no later than within 1 year from the day of goods release.
- The written claim must be enclosed with a document specified in para. 2, a document confirming purchase of the goods from the Seller.
- In any case, the basis for claim review by the Seller is preparation of the warranty claim protocol and photographic documentation by its sales representative immediately after the Buyer submits the claim.
- The goods subject to the Buyer's warranty claim must be available to the Seller in an unprocessed form, allowing to carry out visual inspection and tests as well as secured against further processing or loss of value until the Seller reviews the claim. At the Seller's request, the Buyer is obliged to supply a sample of the goods subject to the warranty claim.
- If the warranty claim is considered justified, the Seller can, at its own discretion, replace the goods for new, free from defects, or remove the defect. Processing the warranty claim in the manner described above excludes the option to pursue additional claims.
- If the Buyer accepts the goods as meeting its requirements despite the revealed defects can request a relevant price reduction.
- If, among things sold, only some are defective and can be separated from the defect-free things, the Buyer's right to withdraw from the contract is limited to the defective things.
- The Seller's liability for any damage resulting from the defect if the rights arising from it are exercised is excluded.
- The Seller shall notify the Buyer about the warranty claim review result within 14 days from receipt of the claim. This time limit can be extended if carrying out tests and issue of expert opinions so require.
- The Buyer undertakes to notify the Seller immediately in writing about any change of its name, registered office or place of residence and correspondence address or telephone number. The failure to notify results in deliveries made to the previously known address effective.
- In case of any disputes resulting from performance of contracts these GTCS apply to, the Seller and Buyer shall aim at their amicable resolution. If amicable resolution of the matter is not possible, all disputes arising indirectly or directly from such contracts shall be resolved by common courts of proper venue serving the address of the registered office of the Seller. The legal relationships with the Buyer are governed by the Polish law only.
- Invalidity of any provisions of GTCS shall not affect the validity of the balance of GTCS.
- Assignment of any rights arising from any contract concluded with the Buyer or any placed order onto any third parties requires a written consent of the Seller.
- Concluding the contract, the Buyer accepts the GTCS and grants consent for processing of its personal data by the Seller and entities acting on its instructions in the country and abroad in connection with performance of the contracts of sale of the goods offered by the Seller as well as for marketing purposes related to the business activity conducted by the Seller. The Buyer has all rights prescribed in the Personal Data Protection Act of 29 August 1997 (Journal of Laws of 1997, No. 133, item 883, as amended), including but not limited to the right of review of own personal data.