GTC

2.1 Orders will be submitted electronically to the Supplier’s email address.
2.2 Acceptance for execution of each order should be confirmed in writing by the Supplier within 2 days from the date of receipt. A written confirmation is understood as a paper document, fax, or email sent by the Supplier to the Buyer. The lack of written confirmation by the Supplier within the above-mentioned period will be treated by the Buyer as tacit acceptance of the order for execution under the terms specified in the order and in accordance with the General Terms and Conditions of Purchase.
2.3 Acceptance of an order by the Supplier with deviations requires written confirmation by the Buyer within 3 days. The lack of written confirmation by the Buyer of all deviations introduced by the Supplier results in the cancellation of the order.
2.4 Execution of the order by the Supplier will take place under the conditions resulting both from these GTC and the conditions (requirements or reservations) indicated in the content of the order, including:
– according to the prices indicated in the order,
– with the delivery and payment deadlines specified in the order.

3.1 The ordered goods must be delivered in accordance with the order, within the deadline indicated in the order.
The place of delivery is the Buyer’s registered office, with the reservation that if the place of delivery were different from the Buyer’s registered office, this place will be indicated in the order.
3.2 The delivered goods must be new, properly made and packaged, have the parameters and properties indicated in the order, and be fit for use in accordance with their intended purpose and the conditions specified in the order.
3.3 The purchased goods must also be free from physical and legal defects. The Seller is liable to the Buyer for all defects, including hidden ones, and quantity deficiencies of the goods delivered.
3.4 Unless otherwise agreed, the costs of transport, insurance, and packaging are borne by the Supplier.
3.5 The Supplier is obliged to conclude an insurance contract for the goods during transport to the Buyer for the sum insured corresponding to the value of the placed order.
3.6 In the event of a delay in the execution of the subject of the order, the Buyer has the right, at its discretion, to withdraw from the order not fulfilled on time, in whole or in part, up to 7 days from the date specified in the order, without the obligation to pay any compensation and/or charge the Supplier with a contractual penalty in accordance with point 4.
3.7 The Buyer reserves the right to claim compensation from the Supplier for improper execution of the order under the general principles specified in the Civil Code and reimbursement of costs incurred due to substitute execution of the order.
3.8 In the event of detecting a shortage and/or defects in the goods after unloading, the Buyer reserves the right to leave the material at the Supplier’s disposal. In such a case, the collection of the goods left at the Supplier’s disposal should take place within 7 days from the date of notification of this fact by the Buyer, under penalty of charging the Supplier with storage and handling costs. Release of the goods will take place after covering the transport and storage costs, based on the VAT invoice issued by the Buyer.

4.1 For non-performance or improper performance of the order, liability is established in the form of contractual penalties in the following cases and amounts:
The Supplier pays the Buyer contractual penalties in the amount of:

• 10% (ten percent) of the gross order value in the event of the Supplier’s withdrawal from the execution of the order or the Buyer’s withdrawal from the execution of the order, for reasons attributable to the Supplier
• 0.6% (six tenths of a percent) of the gross order value, for each day of delay, this also applies to intermediate deadlines
• 0.4% (four tenths of a percent) of the gross order value, for each day of delay in the removal of defects identified at the acceptance of the order subject or during the warranty and guarantee period, counted from the expiry of the deadline set by the Buyer for the removal of defects
• 1000/2000/5000 PLN (at choice) for each violation of the confidentiality clause specified in point 7.1.

The Buyer has the right to deduct the calculated penalties from liabilities to the Supplier. In the event of a delay by the Supplier in the execution of the order subject or non-fulfillment by the Supplier of the obligation specified in point 3 of the General Terms and Conditions of Purchase, the Buyer may – without waiving the right to charge contractual penalties and supplementary compensation – use one or more of the following rights:

• demand execution of the order in whole or in part
• make a purchase from another entity, at the expense and risk of the Supplier
• withdraw from the order for reasons attributable to the Supplier without setting an additional deadline, with written notification to the Supplier

If the contractual penalty does not cover the incurred damage, the Buyer may claim supplementary compensation under generally applicable principles.

5.1 The Supplier assures and guarantees that the products sold to the Buyer come from current production, are carefully made, tested, and that they meet the required technical documentation, standards, and specifications specified in the order, legal requirements regarding safety and environmental protection.
5.2 The Supplier provides a 36-month warranty period for the delivered goods, counted from the moment of its acceptance by the Buyer, unless the parties agree otherwise in writing.
5.3 The Supplier agrees to transfer the warranty to a third party who is the recipient of the goods or equipment delivered by the Buyer in which the goods purchased by the Buyer from the Supplier have been included.
5.4 The Supplier is liable to the Buyer for all defects, including hidden ones, in the delivered products/services. The Buyer notifies the Supplier of any defects found in the delivered goods. Defects identified at the acceptance and during the warranty period shall be removed by the Supplier within the deadline set by the Buyer. The Buyer reserves the right to return all defective goods at the Supplier’s expense or request their replacement. The Supplier shall take all necessary steps to ensure the replacement or repair of defective goods at its own expense with due diligence. If the Supplier does not remove the reported defect within the set deadline, the Buyer may remove the defect on its own or order substitute execution by a third party, at the expense and risk of the Supplier, after prior written notification to the Supplier.
5.5 The above does not prejudice the Buyer’s rights regarding contractual penalties, supplementary compensation, and suspension of payment of the Supplier’s invoices, nor does it release the Supplier from liability under the warranty.
5.6 Regardless of the warranty rights, the Supplier is liable to the Buyer for the warranty under the provisions of the Civil Code. The warranty period granted by the Supplier is equal to the warranty period granted by him.

6.1 The invoice must contain the following information:

• number and date of the Buyer’s order,
• delivered quantity and unit for each item,
• unit price and value for each item.

6.2 The payment deadline is counted from the date of delivery of the original VAT invoice to the Buyer.
6.3 Agreed prices are fixed and unchangeable, and price increases after their determination are not allowed.
6.4 Failure to meet the above conditions results in non-recognition of the invoice and it is considered as not issued. Unless otherwise agreed, one invoice should be issued per order.
6.5 The payment deadline for incorrectly issued invoices is counted from the moment of receipt by the Buyer of corrective invoices and extended by the time that has elapsed from the date of receipt of the VAT invoice to the date of receipt of the corrective invoice.

7.1 All information, specifications, technologies, drawings, projects obtained from the Buyer, both in oral and written form, will be considered confidential and will be used only for purposes related to the execution of the contract under the penalty of compensation liability.

8.1 Any disputes that may arise from the execution of purchases/orders of goods will be submitted for resolution to the court locally competent for the Buyer’s registered office or the District Court in Bydgoszcz.
8.2 In matters not regulated by the GTC, the provisions of the Civil Code apply accordingly.
8.3 If any of the contractual provisions contained in the GTC prove to be invalid, this does not mean the invalidity of the remaining provisions.