General sales conditions
1. General sales conditions (hereinafter referred to as GSC) regulate the rules of sale by PIVEXIN TECHNOLOGY Sp. z o.o. with its registered office in Babice, hereinafter referred to as the Seller. This GSC does not apply to the sale of goods to natural persons who are not economic entities.
2. GSC shall apply to all sales contracts as the sole and exhaustive regulation (with the exception of unambiguously mutually signed separate written obligations of the parties) in particular binding the parties at the time of using the Buyer's general purchase conditions. This GSC shall prevail over any other regulations of the Buyer in relation to GSC.
3. Acceptance of GSC shall take place upon delivery of GSC by the Seller to the Buyer, or upon downloading them from the website www.pivexin-tech.pl and placing an order, and shall remain in force for all further orders of the Buyer.
1. The Buyer orders goods from the Seller using the nomenclature applicable to the Seller, as specified in catalogues or on the website. In case of the necessity to make changes to the offered products (individual adjustment, deviations, etc.), the Buyer is obliged to precisely specify the requested changes. All individual deviations from the goods sold are made in writing at the cost and risk of the Buyer.
2. The Buyer, when placing an order, is not entitled to make any reservations or changes (including those not substantially changing the content of the offer) to the content of his order in relation to the Seller's offer - under the penalty of their non-application.
3. When the Seller receives the offer, the conditions specified therein remain in force for the period specified in the offer. The Buyer, when placing an order on the basis of the offer, is obliged to specify its symbol.
4. Ordering by the Buyer is done in writing, by post, fax, e-mail or telephone. At the time of ordering, the Seller reserves the right to confirm the acceptance of the order for processing. The lack of appropriate confirmation of the acceptance of the order placed by the Seller within 3 working days is equivalent to not making the sale on the terms specified in the Buyer's order. When ordering by the Buyer on the basis of a previously obtained offer from the Seller, the Seller is not obliged to submit confirmation of the acceptance of the order placed.
5. Offers, advertisements and other announcements of goods offered by Pivexin Technology Sp. z o.o. are of an informative nature only. Patterns, schemes and drawings attached to the offer by Pivexin Technology Sp. z o.o. are of an illustrative nature only.
6. The goods delivered by Pivexin Technology Sp. z o.o., as well as all cost estimates, drawings and offer documents related to them, are protected under the provisions of the laws governing economic transactions and intellectual property rights. Cost estimates, drawings and offer documents are the property of Pivexin Technology Sp. z o.o. and may not be made available to third parties without the written permission of Pivexin Technology Sp. z o.o., unless they are intended for advertising purposes. They should be returned to Pivexin Technology Sp. z o.o. immediately if no order is placed.
1. The price for the goods is determined by the Seller's price lists, catalogs, or has been specified in the offer or order confirmation. In case of discrepancies between the price specified in the Buyer's order and the offer or order confirmation of the Seller, the correct price will be the one resulting from the Seller's documents. If the offer or price lists, catalogs do not specify the net/gross value, then the price is specified in net value and at the time of sale will be increased by the applicable value added tax on goods and services according to the rate in force on the date of the invoice.
2. The price does not include delivery costs, which are borne by the Buyer at the time of their shipment by the Seller.
3. In the case of orders for goods not included in the Seller's permanent offer, individual orders, the Buyer is obliged to pay the Seller a deposit in the amount and within the time specified in the offer.
4. The price expressed in foreign currency is calculated according to the ING bank's exchange rate on the date of issue of the VAT sales invoice, or on the date of issue of the proforma invoice in the case of prepayment before the order is placed.
5. The deferred payment term (unless otherwise stated in the price conditions specified in the offer, contract or order confirmation) is calculated from the date of invoice issuance, and any reservations, complaints or clarifications do not suspend or extend it.
6. The deferred payment term may be revoked by the Seller in the event of a delay in the payment of money to the Seller. In the event of a change in payment from deferred to cash, previously deferred payments become immediately due.
7. Any changes in payment terms - their deferral, extension, creation of payment schedules - for their effectiveness require the Seller's consent, and their non-compliance by the Buyer results in the due date of the remaining installments and all other deferred payments related to other purchased goods.
8. The buyer agrees to receive an electronic invoice or an invoice with the issued goods.
9. The sold goods are subject to the Seller's reserved property rights until full payment of the price.
10. In any case of delay in payment for the sold goods beyond 30 days, the Seller is entitled, at his own choice, regardless of other provisions, without setting an additional deadline, to withdraw from the contract and demand the return of the received but not paid goods in time or demand payment of the sale price and compensation for any damage caused by the delay.
11. With regard to Buyers in permanent trading relations, the Seller may grant a trade credit, the scope, conditions, form and amount of which will be determined in each case in the contract.
1. Release of the goods takes place at the Seller's headquarters, and the date determining the deadline for the order is the date of readiness of the Seller to release the goods.
2. The Seller is free from any liability related to the untimely release of the goods due to the untimeliness of the Seller's suppliers.
3. The Seller is free from any liability related to the untimely release of the goods caused by the Buyer's failure to settle the receivables arising from previous orders.
4. Pivexin Technology Sp. z o.o. is obliged to inform the Buyer of the reasons for the delay or impossibility of delivery, unless circumstances prevent such notification. If the delay period exceeds 30 days, each party has the right to withdraw from the contract without the right to claim any compensation. If the contract provided for the release of the goods in parts, any withdrawal from the contract applies only to the delayed part of the performance and not to the performances provided for at a later date.
5. The transfer of risk of loss or damage to the Buyer shall take place upon delivery of the goods to the carrier (acting on behalf of the Seller, Buyer or ultimate consignee).
6. The Buyer is obliged to inspect the packaging of the goods prior to taking delivery and in case of any damage to the packaging or goods, the Buyer is obliged to immediately make a reservation and draw up a corresponding complaint protocol regarding the condition of the packaging or the quantitative/qualitative condition of the goods, with the signature of the carrier, under penalty of waiving any claims in this regard or non-recognition thereof.
7. In case of non-collection of the goods from the Seller's warehouse or from the carrier, the Buyer shall be obliged to pay the due remuneration together with the fee for so-called "storage" for each commenced week of storage of the goods in the amount of net PLN 50 for each m2 of the occupied area.
8. The seller is not liable for indirect damages and lost profits. The compensation for damages caused to the Buyer in connection with the non-performance or improper performance of the contract is limited in any case to the net price of the goods covered by the contract.
9. In case of delay in payments by the Buyer, the Seller is entitled not to carry out any actions under the warranty or guarantee granted.
10. Pivexin Technology Sp. z o.o. is not obliged to accept the return of the sold goods in accordance with the contract. The return of the purchased goods is only allowed on the basis of individual written agreements between the Buyer and Pivexin Technology Sp. z o.o., whereby all costs and risks of returning the goods are borne by the Buyer.
11. Pivexin Technology Sp. z o.o. in case of ordering the collection of the package or shipment to the Buyer's contract number charges a flat-rate fee "packing costs" depending on the specification of the goods.
1. The buyer is obliged upon delivery of the goods to check their completeness, general technical condition, quantity and documents which, in accordance with the order/offer, are to be issued, in accordance with the procedure specified in § 4.
2. The seller grants (unless otherwise specified in the offer) a 3-month warranty and a 12-month guarantee for the sold goods, counted from the date of the invoice.
3. In the event of a defect in the sold goods, the Buyer is obliged to immediately submit a written claim for warranty or guarantee no later than 2 working days from the occurrence of the defect, otherwise the rights will be lost. The Buyer is obliged to deliver the defective goods at his own expense or, at the explicit request of the Seller, to make the defective goods available for inspection.
4. In the event that the goods are not manufactured by the Supplier, the Supplier shall, to the extent possible, transfer to the Buyer all rights under the guarantee granted by the manufacturer provided that the goods have been accepted and paid for.
5. The consideration of the complaint will take place within 14 days, subject to the possibility of an extension of this period if it is necessary to confirm the existence of a defect and its cause by carrying out a technical expertise. In such a case, the Seller will take a position on the defectiveness of the goods after obtaining the appropriate expertise.
6. The warranty and guarantee do not cover defects resulting from repairs, modifications and structural changes made independently or by a person other than the Buyer, resulting from actions contrary to the seller's or manufacturer's instructions, improper use and maintenance, or the use of inappropriate materials, such as lubricants, caused by force majeure (e.g. lightning strike, flood, power surge, etc.).
7. In the event of the complaint being accepted, the Seller undertakes, at its own expense, to repair or replace the defective goods within a period dependent on the delivery of the goods from the manufacturer. If the replacement of the goods is impossible, or if it entails the Seller incurring additional expenses, the Seller has the right to refuse to replace the goods and to refund the Buyer a corresponding part of the price. The settlement of the complaint in the manner described above excludes the possibility of claiming further compensation.
8. The supplier shall not be liable for any advice or recommendation given by its employees, representatives, agents, subcontractors as to the storage, application, use or for any statement or act connected with the goods and services which has not been confirmed in writing.
9. In the case of supplying samples of products to the Buyer and further orders of the same products and in the case where such samples are accepted upon receipt, the Buyer relies solely and exclusively on its own opinion of such samples and the sale of such products shall be treated as a sale of samples. The supplier shall not be liable for any claims in respect of such goods provided they are in accordance with the accepted samples.
10. The Seller does not guarantee the suitability of the goods for any particular purpose. The risk of the purpose and application of the goods covered by the contract shall be borne solely by the Buyer. In the event of an unjustified call by Pivexin Technology Sp. z o.o. for the exchange or repair of the product under the reported complaint, Pivexin Technology Sp. z o.o. shall charge the Buyer with all costs associated therewith.
11. In case of an unjustified call from Pivexin Technology Sp. z o.o. for the exchange or repair of the product under the reported complaint, Pivexin Technology Sp. z o.o. will charge the Buyer with all costs related to it. With regard to the works related to installation, disassembly, checking and commissioning, the conditions and rates of Pivexin Technology Sp. z o.o. concerning the dispatch of service personnel and others shall apply.
12. In case of no separate warranty document being issued, the provisions set out in § 5 shall constitute the scope and conditions of the warranty granted.
1. Any disputes arising from the sale of goods shall be subject to the jurisdiction of the court local to the Seller's registered office or the District Court in Bydgoszcz.
2. The provisions of the Civil Code shall apply to matters not regulated by the GSC .
3. In the event that any of the contractual provisions contained in the GSC should be invalid, this shall not affect the validity of the remaining provisions.