GTC

The General Terms and Conditions of Sale (hereinafter: GTC) govern the rules of goods sales by PIVEXIN TECHNOLOGY Sp. z o.o. with its registered office in Babice, hereinafter referred to as the Seller.
The GTC apply to all sales contracts as the sole and exhaustive regulation (excluding clear, mutually signed separate written agreements between the parties). In particular, the parties are bound by the GTC at the moment the Buyer uses general purchasing terms. These GTC shall have overriding application over any differing regulations of the Buyer.
Acceptance of the GTC occurs at the moment the Seller delivers the GTC to the Buyer or when they are downloaded from the website www.pivexin-tech.pl and an order is placed, and remains valid for all subsequent orders of the Buyer.

The Buyer orders goods from the Seller using the nomenclature applicable to the Seller, as specified in catalogs or on the website. If changes to the offered products are necessary (custom adjustments, deviations, etc.), the Buyer is obliged to precisely specify the requested changes. Any individual deviations concerning the sold goods must be made in writing at the cost and risk of the Buyer.
When placing an order, the Buyer is not entitled to introduce any reservations or changes (including those that do not significantly alter the content of the offer) to their order in relation to the Seller’s offer—under penalty of their invalidity.
Upon receipt of the offer by the Seller, the terms specified therein remain valid for the period indicated in the offer. When placing an order based on the offer, the Buyer is obliged to indicate its reference number.
The Buyer places an order in writing, via mail, fax, email, or phone. At the moment of placing the order, the Seller reserves the right to confirm acceptance of the order for execution. The absence of appropriate confirmation of receipt of the order by the Seller within 3 business days is equivalent to the sale not being concluded on the terms specified in the Buyer’s order. When the Buyer places an order based on a prior offer from the Seller, the Seller is not obliged to confirm acceptance of the submitted order.
Offers, advertisements, and other announcements of goods offered by Pivexin Technology Sp. z o.o. are for informational purposes only. Models, diagrams, and drawings attached to the offer by Pivexin Technology Sp. z o.o. are solely illustrative materials.
Goods supplied by Pivexin Technology Sp. z o.o., as well as all related cost estimates, drawings, and offer documents, are protected under the rules specified in economic trade protection and intellectual property laws. Cost estimates, drawings, and offer documents are the property of Pivexin Technology Sp. z o.o. and may not be disclosed to third parties without written permission from Pivexin Technology Sp. z o.o., unless intended for advertising purposes. They must be returned to Pivexin Technology Sp. z o.o. immediately if no order is placed.

The price for the goods results from the Seller’s price lists, catalogs, or is specified in the offer or order confirmation. In case of discrepancies between the price specified in the Buyer’s order and in the Seller’s offer or order confirmation—the price specified in the Seller’s documents shall be deemed correct. If the value is not specified in the offer or price lists, catalogs, with reference to net/gross value description, then the price is specified as net and will be increased by the applicable VAT rate on the invoice date.
The price does not include delivery costs, which are borne by the Buyer at the time of shipment by the Seller.
In case of ordering goods not included in the Seller’s standard offer, or for custom orders, the Buyer is obliged to pay a deposit to the Seller in the amount and within the period specified in the offer.
The price expressed in foreign currency is converted at the selling rate of ING Bank on the date of issuing the sales VAT invoice, or on the date of issuing the Pro Forma invoice in case of prepayment before order initiation.
The deferred payment term (unless otherwise specified in the pricing terms in the offer, contract, or order confirmation) is counted from the invoice date, and any reservations, complaints, or explanations do not suspend or extend it.
The Seller may revoke the deferred payment term if the Buyer delays in settling monetary obligations to the Seller. When changing payment from deferred to cash, previously deferred payments become immediately due.
Any changes to payment terms—their deferral, extension, or creation of payment schedules—require the Seller’s consent to be effective, and non-compliance by the Buyer results in the maturity of remaining installments and all other deferred payments related to other purchased goods.
The Buyer consents to receiving electronic VAT invoices or invoices along with the goods.
The sold goods remain the Seller’s property until full payment is received.
In case of delay in payment for sold goods exceeding 30 days, the Seller is entitled to, at its discretion, terminate the contract and demand the return of goods received but unpaid on time or demand payment of the sale price and compensation for any damage caused by the delay.
For Buyers in ongoing business relationships, the Seller may grant trade credit, the scope, terms, form, and amount of which will be specified each time in the contract.

The goods are delivered at the Seller’s premises, and the date determining the order fulfillment is the date the Seller is ready to hand over the goods.
The Seller is not liable for any delays in delivering goods caused by the Seller’s suppliers.
The Seller is not liable for any delays in delivering goods caused by the Buyer’s failure to settle payments from previous orders.
Pivexin Technology Sp. z o.o. is obliged to inform the Buyer of the reasons for delay or inability to deliver unless circumstances prevent such notification. If the delay exceeds 30 days, either party has the right to terminate the contract without the right to claim any compensation. If the contract stipulated partial delivery, any termination concerns only the delayed part of the performance, not those due at a later date.
The risk of loss or damage transfers to the Buyer when the goods are handed over to the carrier (acting on behalf of the Seller, Buyer, or final recipient).
The Buyer is obliged to inspect the packaging before receiving the goods and, in case of packaging or goods damage, must immediately file objections and draw up a relevant complaint report concerning the packaging condition or goods quantity/quality, with the carrier’s signature, under penalty of losing the right to file claims or their rejection.
If goods are not collected from the Seller’s warehouse or the carrier, the Buyer will be obliged to pay the due remuneration along with a “storage” fee for each commenced week of storage, at a net rate of PLN 50 per each m2 of occupied space.
The Seller is not liable for indirect damages or lost profits. Compensation for damages caused to the Buyer due to non-performance or improper performance of the contract is in any case limited to the net price of the goods covered by the contract.
If the Buyer is in payment delay, the Seller is entitled to refrain from any actions related to warranty or guarantee claims.
Pivexin Technology Sp. z o.o. is not obliged to accept returns of goods sold under the contract. The return of purchased goods is only permitted based on individual written agreements between the Buyer and Pivexin Technology Sp. z o.o., whereby all costs and risks of return are borne by the Buyer.
Pivexin Technology Sp. z o.o., in case of the Buyer’s request for parcel collection or shipping under the Buyer’s account number, charges a lump-sum “packaging costs” fee depending on the goods’ specifications.

The Buyer is obliged to check the completeness, general technical condition, quantity, and documents that, according to the order/offer, should be issued upon release of the goods, following the procedure specified in §4.
The Seller provides (unless otherwise specified in the offer) a 3-month warranty and a 12-month guarantee on the sold goods, counted from the invoice date.
In case of a defect in the sold goods, the Buyer is obliged to immediately submit a written claim under the warranty or guarantee no later than within 2 working days from the defect’s occurrence, under the penalty of losing rights. The Buyer is required to deliver the defective goods at their own expense or, upon the Seller’s explicit request, make them available for inspection.
If the goods are not manufactured by the Supplier, the Supplier, to the extent possible, transfers all rights under the manufacturer’s warranty to the Buyer, provided that the goods have been accepted and paid for.
A submitted complaint will be resolved within 14 days, with the proviso that this period may be extended if there is a need to confirm the existence of the defect and its causes through a technical examination. In such a case, the Seller will take a position on the defectiveness of the goods after obtaining the appropriate examination.
The guarantee and warranty do not cover defects resulting from repairs, modifications, and structural changes made independently or by an entity other than the Buyer, resulting from operation inconsistent with the Seller’s or manufacturer’s instructions, improper operation and maintenance, use of improper operating materials, e.g., lubricants, or caused by force majeure (e.g., lightning strike, flood, power grid overvoltage, etc.).
If the complaint is accepted, the Seller undertakes to repair or replace the defective goods free of charge within a period depending on the delivery time from the manufacturer. If the exchange of goods is impossible or entails additional costs for the Seller, the Seller has the right to refuse the exchange and refund the Buyer an appropriate part of the price. Resolving the complaint in the manner described above excludes the possibility of demanding further compensation.
The Supplier is not responsible for any advice or recommendations provided by its employees, representatives, agents, subcontractors regarding storage, application, use, or any statements or actions related to the goods and services, which have not been confirmed in writing.
In the case of delivering product samples to the Buyer and subsequent orders of the same products, and if such samples are accepted upon receipt, the Buyer relies solely on their own opinion about these samples, and the sale of such products is treated as the sale of samples. The Supplier is not liable for complaints related to such goods, provided they are consistent with the accepted samples.
The Seller does not guarantee the suitability of a particular product for a specific application. The risk of purpose and application of the goods under the contract lies solely with the Buyer. In the case of an unjustified call to Pivexin Technology Sp. z o.o. under the submitted complaint to exchange or repair the product, Pivexin Technology Sp. z o.o. will charge the Buyer all related costs.
Regarding works related to assembly, disassembly, inspection, and commissioning, the conditions and rates of Pivexin Technology Sp. z o.o. concerning the delegation of service workers and others apply.
If no separate warranty document is issued, the provisions specified in §5 determine the scope and conditions of the granted warranty.

Any disputes that may arise from the sale of goods will be submitted to the court locally competent for the Seller’s registered office or the District Court in Bydgoszcz.
For matters not regulated by the GTC, the provisions of the Civil Code apply accordingly.
If some of the contractual provisions included in the GTC turn out to be invalid, this does not mean the invalidity of the remaining provisions.

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