General terms and conditions of sale
- The following General Terms and Conditions of Sale apply to each sales contract between KOMSERWIS Sp. z o.o. and another business entity.
- The General Terms and Conditions of Sale do not apply to consumers as described in paragraph 221 of the Civil Code (Dz. U. 2014.121).
- Product prices published in the company’s price lists, catalogues, the Internet website and folders sent to buyers, have a purely informative and promotional character, they do not include the costs of transport covered by the buyer and cannot be interpreted as a sellers liability to sell the products at the published prices, i.e. they are not an official offer as described in paragraph 661 of the Civil Code, but only an invitation to place orders or send inquiries.
- The final product prices, the maximum cost of delivery and other terms of sale can be recognised as binding for a particular order, only after confirmation from the seller.
- The sales prices and costs of delivery are defined in net amounts of the currency Polish Zloty, additionally increased by the VAT rate for the day the invoice was issued.
TECHNICAL DATA AND PRODUCT SPECIFICATIONS
- The seller reserves the right to modify the construction, the technical details, the implemented materials, the colourings and other characteristics of the offered products, as well as to remove a specific product from the offer without prior announcement or naming a reason.
- All parameters, technical details, material and colour samples published in print or electronic media, as well as in all other materials distributed by the seller, can be subject to change without prior notice.
ORDER OF GOODS
- The seller starts the processing of orders, if they have been submitted in written form by the buyer and include:
- complete buyer’s data necessary to issue a VAT invoice,
- items described by the code specified in the seller’s catalogue of products, including the total amount and colouring of the ordered products,
- delivery address,
- specification of the time and method of payment.
- Each order must be signed by an authorised person, who is allowed to make such commitments on behalf of the buyer and additionally confirmed by a company seal.
- Each order is going to be confirmed by the seller in written form within five business days. By business days the seller means days from Monday to Friday, excluding public holidays.
- The order confirmation by the seller implies a sales contract, which means the start of processing the order on base of the terms and conditions included in the order confirmation. If the order won’t get confirmed by the seller, the buyer cannot assume, the seller has started processing his order.
- The processing of an order starts on the day, the seller receives an advance payment in the determined amount or on the day of seller’s confirmation, if no advance payment has been agreed.
- The cancellation of a confirmed buyer’s order can only occur by courtesy of the seller and may result in charging the buyer with costs already covered by the seller during the fulfilment of the order. In such case the buyer is obliged to cover the costs of the seller.
- If there is solid reason to believe, that the buyer will be unable to satisfy his financial commitments and depending on the content of the order – when there is no advance payment, full payment or delivery payment in due time, the seller reserves the right to cancel the contract within 14 days from the date the circumstance occurred or to request a security of the seller’s choice.
ACTS OF GOD, LIABILITY
- The seller does not assume responsibility for the failure to realise the contract in its full extent of liabilities, if the reason for the failure has been caused by an act of God or buyer’s fault.
- An act of God is a natural catastrophe or other occurrence irrespective of the seller’s actions, which no one can prevent such as fires, floods and other natural disasters, wars, worker strikes, riots, demonstrations, epidemics, embargos, interruptions or delays in the supply of resources, energy or components, as well as other unforeseen disturbances, mostly the shortening of working hours by the seller or his contractors, major interruptions of production processes, problems of transport companies, decisions of public institutions, changes in the applicable law or similar circumstances.
- Seller’s liability for buyer’s damages (irrespective of the legal base) is limited to the total order value, which failure to complete or faulty completion has resulted in the damages. It includes damages from product defects. The seller does only assume liability for actual damages. The seller does not assume liability for the lost revenue, the buyer could have received, if the damages would not occur (lost revenue).
- The seller does not assume any liability related to surety.
- The seller does not assume liability for the results of uncompleted orders or delays in delivery, if he has maintained proper care in all his actions leading to the completion of the order according to the agreed terms and conditions. The seller is obliged to constantly inform the buyer of any problems related to the fulfilment of the order.
- The buyer is obliged to immediately inform the seller of any changes in the company address or the address of delivery. The seller does not assume any liability for directing written communication to a wrong address, if he has not been informed of such a change in company data.
DELIVERY OF GOODS
- Depending in the decision of the buyer, there are two options of delivery available:
- delivery of goods by a shipping company cooperating with the seller. In this option the delivery is completed under financial conditions and address included in the order confirmation. The change of the delivery address may result in modification of the financial conditions of the delivery,
- personal collection of goods by the buyer directly from the manufacturing plant or a warehouse of the seller.
- In both options the pgoods should be checked by the buyer, especially the amount of delivered units and possible visible damages. Any determined deficiencies or damages must be written down in a protocol in the presence of the courier. The buyer must also immediately inform the seller of the fact. Not-fulfilment of this course of action may result in impeding or cancellation of processing the buyer’s claims. The seller assumes the person claiming the delivery on behalf of the buyer is entitled to this action.
- The seller assumes full liability for the goods until the moment of release from the company warehouse. Sprzedający ponosi pełną odpowiedzialność za towar do momentu wydania go z magazynu. According to paragraph 548 of the Civil Code liability, including the liability for accidental damage or loss of goods related to the release of goods, is transferred onto the buyer with the moment the products are released from the seller’s warehouse, excluding mail order, where liability is assumed by the shipping company. The liability of a shipping company starts with the moment of releasing the package with the goods by the seller and ends with the release of goods to the buyer. All liabilities of the shipping companies are regulated by the Civil Code, especially the regulations concerning transport contracts and the setting of liabilities. The seller does not assume liability for any potential damages during the transport, most of all when the buyer did not properly fill in the report about damage claims and inform the seller, all procedures must be respected for claims to be made possible.
ORDER COMPLETION TIMES
- The effective time of completion is stated in the order confirmation and always stays in accordance with the General terms and conditions of sale, if not agreed otherwise between both partners.
- Order status will be set to completed with the date, the seller informs the buyer of his readiness for delivery. After the buyer has confirmed his readiness to collect the goods, the seller orders the delivery of goods by the shipping company. The seller has no influence on delays, which may occur during the transport and therefore cannot be made liable for them. The seller assures, he will do everything in his powers, to help the shipping company complete the delivery in the shortest time possible.
- The completion of the delivery of goods to the buyer is determined by the buyer’s fulfilment of the agreed payment conditions. In the event when the seller confirms, that a buyer has not completed the payments for previous deliveries or to other companies and there is strong reason to believe, the buyer will be unable to complete the contract, the seller is entitled to stop the deliveries, while the delays resulting from such an action cannot be classified as seller’s fault. In such a situation, the start of deliveries can occur after the buyer has cleared all remaining payments towards the seller and has paid the full contract sum for the current order before delivery.
- The seller and the buyer together determine payment conditions for the goods, which are later included in the order confirmation sent to the buyer.
- The following methods of payment for ordered goods are available:
- advance payment in full or part of the amount,
- money transfer with a postponed date of maturity,
- cash payment on the release of goods from the warehouse at the seller’s headquarters,
- cash on delivery by the courier from the shipping company. Maximum total sum for this option of payment equals 2000 PLN gross.
- Until the payment of the complete price is not fulfilled, the ownership of the goods remains on the side of the seller.
- The total sum of payment includes the prices for the goods and the delivery in accordance with the order confirmation. The payment is completed in the moment the seller’s bank account stated in the invoice is credited with the agreed amount of money.
- Lack of payment for the goods and the delivery at maturity date can result in cancellation of a contract, a following lawsuit, a transfer of claims or the recovery of unpaid goods, even if the goods have been installed for third parties. If the value of the goods has been decreased in any way (damages, wear), the seller can claim recovery of the value.
- If the buyer possesses any expired payments towards the seller, any payments will be in first place accounted to the oldest debts and interest.
QUALITY GUARANTEE AND DEFECT CLAIMS
- The seller grants the following guarantee on the quality of his goods:
- 24 months past the date of purchase for elements made of concrete, steel, cast iron and polymer composite,
- 18 months past the date of purchase for advertising columns,
- 12 months past the date of purchase for wooden elements and litter bin containers.
- The guarantee includes faults related to the construction, the realisation and the materials, which have been revealed during the guarantee period in products purchased from KOMSERWIS Sp. z o.o.
- The guarantee period starts with the day of issuing the VAT invoice to the customer.
- The guarantee does not include:
- normal wear of the goods during daily operations, especially:
- wear of the painted coating on wooden elements,
- damages of the painted coating resulting from impacts, scratches, abrasions and similar,
- degradation of the painted coating resulting from the natural wear of wood influenced by weather conditions i.e. the cracking of surfaces, changes in the structure of wood, warping of elements, hidden resin pockets, lifting of knags, damages of the painted coating from hail and similar.
- damages of the goods, which result from installation, excluding installation by the seller’s workers, damages resulting from improper use and damages inflicted by the user.
- damages and devastation resulting from intentional actions (acts of vandalism).
- normal wear of the goods during daily operations, especially:
- The lack of proper conservation measures may decrease the aesthetic and functional value of the goods, even to the point where it can cause the loss of guarantee services. It is essential to implement the information included in the service and care manual, which has been added to the product data sheet.
- The differences in the natural colouring and the structure of knags in wooden elements are not defects, therefore are not subject to guarantee. The same conditions apply to natural changes and phenomena occurring in wooden components from the effects of weather conditions, especially:
- changes in the colour of wood resulting from the influence of sunlight,
- cracks and warping of wooden elements resulting from changes in the volume of wooden parts, which are caused by weather conditions,
- natural greying of wooden surfaces, also called the wood patination (concerns mostly exotic types of wood).
- The differences in shades of colour occurring in elements made of architectural concrete and sand blasted concrete, are not defects, therefore are not subject to guarantee. The same conditions apply to differences in the structure and texture of such surfaces.
- Complaints for defects revealed and submitted in written form during the guarantee period, will be examined within 20 business days. The seller will inform the buyer of the result of the complaint in written form. In case of a successful complaint, the seller will decide on his own, whether to repair or exchange the product for a new unit free of defects. An alternative is the seller’s offer to sell the faulty products to the buyer at reduced prices.
- The total liabilities of the manufacturer resulting from the guarantee are limited to the amount of money not exceeding the total price of the purchased product, which has revealed defects. The manufacturer does not assume any liability for damages connected to delays in deliveries, including lost revenues, lost profits or other losses.
- If the goods show no functional defects or defects which do not prohibit the normal use of the products, but reveal only aesthetic defects, the buyer can use the products until the complaint is examined and in case of a successful complaint, until the defects are repaired. The period of guarantee services cannot be interpreted as a delay in deliveries.
- Guarantee complaints do not stop the duty of a prompted payment in full.
- The above General terms and conditions of sale determine the basic rules for signing sales contracts for goods from KOMSEWIS Sp. z o.o. and relate to all sales activities conducted by the seller, excluding the terms and conditions which have been regulated otherwise in written form for a particular contract. The seller is not legally obliged to follow terms and conditions conflicting the above stated regulations and other reservations made by the buyer even if seller did not object to these reservations and conditions.
- An order placed by the buyer equals the acceptance of the above stated General terms and conditions of sale and the permission to collect and process personal data by KOMSERWIS Sp. z o.o. and third party contractors, in order to complete the goal of the contract.
- Without prior written consent of the seller, the buyer may not reduce his liabilities through the inclusion of the seller’s liabilities.
- All verbal arrangements between the sides of the contract are only valid, if the sides of the contract confirm them in written form, otherwise they are not applicable or applicable as stated in the General terms and conditions of sale.
- All disputes related to contracts determined by the General terms and conditions of sale will be settled in a public court of the seller’s local jurisdiction.
- These General terms and conditions of sale and the sales contracts based on their regulations are subject to Polish law. In cases not regulated by the General terms and conditions of sale or the sales contract, the laws of the Civil Code apply.