GENERAL SALES CONDITIONS
§1 General terms
- The General Sales Conditions GSC (OWS in Polish) relate to the sale of products by ZTS Uniplast Limited Liability Company Limited Partnership (hereinafter referred to as Seller) to the customer (hereinafter referred to as the Buyer) and form the basis of each sale and an integral part of any sales agreement concluded by the Seller. Other general or special conditions shall apply for the consent of both parties only.
- The buyer is solely responsible for the application and use of the products supplied. In particular, the Seller is not responsible for technical consulting and other similar services, unless they are referred to the contract drawn up in writing, signed by both parties.
§2 Order, delivery, prices, payment.
- Order may be made in writing, via fax or e-mail. It is not allowed to place orders by phone.
- he seller realizes the delivery on DDU terms (DDU, Incoterms 2000) – for orders involving larger quantities of goods, or EXW (EXW, Incoterms 2000), or on other terms and conditions agreed by both parties
- Prices of goods defined in a given currency are net prices. Payment shall be made in the currency specified in the invoice.
- Payments for the goods shall be proceeded according to the terms entered on the invoice.
- The day of payment is the day of registering the receivables on the Uniplast bank account specified in the invoice.
- Interest on late payment shall be set at the statutory rate. Interest shall be payable without issuing additional accounting documents.
- Seller reserves the right to price adjustments due to currency fluctuations or other changes in the market, eg. a change in raw material prices.
- All bank charges related to the execution of payment to the Seller are charged to the Buyer.
- Any complaints are not a basis to withhold or delay payment.
- Goods remain property of the Seller until receipt of payment.
§3 Brochures, catalogs, documents related to the order, technical documentation, drawings.
- Data, information and drawings contained in brochures, catalogs, documents related to the contract, technical documentation, and another from the Seller are not binding.
- Seller is not responsible for the correctness of the documents provided by the Buyer relating to its orders, especially drawings, material specifications and similar documents.
- All immaterial property rights of the Seller to the plans, technical documentation and other, as well as related rights remain the sole property of the Seller, with the possibility of the express written grant of certain rights to use them by the Buyer.
§4 Deadlines, delays.
- Seller will make efforts to meet the delivery / collection dates.
- Time of delivery / collection is counted from the date of the order confirmation, the completion of formalities required by law, making due payments and determination of the most important technical matters.
- Determined delivery dates are subject to change in the following cases:
- due to lack of timely information needed to perform the order or change this information at a later date;
- due to non-fulfillment of contractual obligations by the Seller’s suppliers;
- obstacles or unpredictable events that cannot be avoided (including force majeure, war, international tension, riots, lack of raw materials, breakdowns, epidemics, strikes, etc.).
- In the cases specified in point 3 Seller shall not be liable for any damages (damnum emergens and lucrum cessans).
- Subject to the mandatory legal provisions, Seller shall not be liable for damages resulting from non-delivery, late delivery, too early delivery, or delivery either incomplete or larger quantities than ordered.
§5 Receiving inspection, notification of defects (complaint).
- Buyer carries out inspections delivered products.
- Buyer notifies any defects immediately and at the latest within 30 days from receipt of goods.
- Complaints are submitted by registered letter, fax or electronically.
- In the case of the quality complaint, Buyer is obliged to provide samples of defective goods with the label from the packaging and pallet specifications. Seller reserves the right to investigate defects or damages by its employees or appointed expert at the discretion of Seller after receiving complaint and samples.
- Liability for incidental damages or arising from loss of profit, customers or other losses in connection with the defect of the delivered product is excluded. This limitation of liability also applies to contractual and statutory liability of Seller in connection with damages from acts or omissions of legal representatives, staff and Seller’s representatives, as well as the personal contractual and statutory liability of these people.
- Return of goods by Buyer can be made with the approval of the Seller only.
§6 Cancellation, withdrawal, rejection of order.
- Cancellation of the order by Buyer requires the Seller’s approval, whereby in connection with such the approval, Buyer agrees to reimburse the costs of materials, salaries and other expenses incurred for the execution of the order.
- Complaints of the buyer regarding the quality and quantity of the product, etc. do not give the right to cancel the order.
- Seller reserves the right to withdraw from the obligations of orders, if Buyer misled Seller in terms of its financial condition, or if the financial condition of Buyer becomes noticeably deteriorated.
- Sellers have the right to refuse any order without giving reasons.
§7 Safety Regulations.
- Observance of general and local safety regulations, as well as instruct Buyer’s personnel or its Customers as regards the use the products supplied is the obligation of Buyer only.