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The
regulations of deliveries: § 1 Generally offers are valid for 30 days – unless given offer defines
the term of validity in other way (e.g. „for year 2006 ” or „according to the
current rate of exchange EUR/PLN” ). § 2 Placing
the orders 1. Placing an order by the
Customer is treated as the acceptance of all terms of the offer. 2. Only order confirmed in
writing by the Supplier (with the fax, e-mail) and only in the range of
contracted contents in the confirmation underlies to possible pretensions of
the Customer with relation to of the Supplier in virtue of deliveries. 3. If the acknowledgement of an
order is different from contracted requirements in Customer’s orders (e.g.
regarding the quantity or the delivery time etc.), it should be inversely
accepted in writing by the Customer. The unresponsiveness of the customer on
such confirmation is treated as acceptance. 4. Orders, confirmations of
deliveries and the time-limit of their realization, as well as all concerning
changes of orders one ought to direct under the number of the fax: 033/
81 686 37 or on the following e-mail address: bbhermes@pro.onet.pl 5. Change of the confirmed
delivery term is possible only by a bilateral agreement. § 3 Conditions of delivery 1. The Supplier delivers the
goods with the mean of transport at the expense of the Customer, on the
address indicated by him in the order, unless terms, contracted between the
Supplier and the Customer, do not determine otherwise. 2. In the case when Customer
does not receipt the goods, that are compatible with the written order, whose
parameters are compatible with requirements define in the order, the Supplier
has the right to charge additionally the Customer with shipping charges for
round trip : the store of the Supplier – the place of delivery – the store of
the Supplier. § 4 Conditions of the reception of goods / complaints 1. Every delivery should be
checked (counted, examined, etc.) by the Customer on receipt with the
presence of the representative of the Supplier or the transport agent (the
initial mark). Its purpose is the knowledge, whether the provided goods are
compatible with the order (regarding the quantity, the kind and the quality).
2. In the case of the
ascertainment that delivered goods is different of quantitative or
qualitative from settled requirements or there are visible damages of
multipacks or single package, the written complaint is prepared on the spot.
Copy of this document is given to the Supplier. If the case of the
pronouncement of refuse which were ascertainable at the delivery, such
official record must, for its own importance, contain the signature of the
transport agent. Else the Supplier does not carry the responsibility for
defects or shortage of goods as result of the transportation. 3. Hidden defects (that cannot
be seen at the initial estimation) should be as soon as possible notified to
the Supplier, immediately after their ascertainment. The notification for its
own importance demands the written form, with the announcement: number of the
delivery (or invoice), the productive part or other name tag of the given
product and the kind of the defect (the reason of the complaint). It is
necessary to send the defective product to the Supplier. 4. When the Supplier admits complaint
as justifiable, all costs connected with this complaint (the cost of the
manageable transport of the defective product, the cost of possible research
or estimations of the expert) will be pay back to the Customer. The Supplier
does not carry the responsibility for Customer’s looses, that are consequence
of the use to production of qualitatively defective products or the
productive pause; the Supplier carries the financial responsibility to the
value of the defective product and costs connected with the complaint
procedure. 5. In the event of the unfounded
complaint (e.g. qualitative defects resulting from the unsuitable stockpiling
of products at the Customer) foregoing costs will be not reimbursed. § 5 The price of goods and terms of payment 1. The goods are provided
according to prices contracted in the offer. 2. The term of payment:
according to offers. 3. Payments will be realized by
bank transfer to Supplier’s account given on the invoice. 4. If the Customer does not pay for
delivered goods in given term, the Supplier has the right to retention
further deliveries to the moment of the receipt of receivables. To the time
of the settlement arrears in payments by the Customer, the Supplier is free
of charge from liabilities connected with confirmed orders. 5. In the case of breach of
terms of payment the Supplier has the right to count legal interest. § 6 Qualitative requirements 1. The Supplier is obliged to
delivery the goods as it was ordered by Customer. 2. For the asking of the
Customer, the Supplier adds the document that confirms the agreement to
introduce the goods to the business trade - EU certificates, specifications
of the product, the declaration of the agreement with EU norms or other
required documents for the given product. 3. For the asking of the
Customer, the Supplier delivers requirements concerning stockpiling or
exploitive requirements given by the producer – essential for obtaining
productive efficiency or not losing by the product his qualitative
parameters. § 7 Final decisions 1. The Supplier will not carry
the responsibility for delays in the order’s realization caused by
independent circumstances, such as e.g.: the strike, circumstances resulting
of extraordinary steps undertaken by the government, transportation problems,
or else activities of majeure force. 2. In case of matters that are
not regulated hereby, regulations of the Civil Code are obligatory. § 8 Terms of payment Payment forward or by the money
transfer (prepayment). Eventual payment by the transfer after the delivery
demands individual co-ordinations confirmed in writing. |