GENERAL TERMS AND CONDITIONS OF SALE AND WARRANTY

 I. GENERAL PROVISIONS

    1. These “General conditions of sale and warranty” (hereinafter the GTC) are an integral part of all offers submitted by “Bartex” Tadeusz Bartkowiak General Partnership (hereinafter “Bartex”), commercial contracts concluded by “Bartex”, as well as annexes to signed and existing contracts.
    2. . The following terms used herein shall mean:

-Seller – “Bartex” Tadeusz Bartkowiak Spółka Jawna with its registered office in Komorniki (code: 62-052) at ul. Poznańska 66;

-Buyer – the entity being the other party to the sales contract concluded with “Bartex” Tadeusz Bartkowiak Spółka Jawna

-Parties – Seller and Buyer;

-GTC – these “General Terms and Conditions of Sale and Warranty by” Bartex “Tadeusz Bartkowiak Spółka Jawna”;

-Goods – commercial goods sold by “Bartex” Tadeusz Bartkowiak General Partnership under the sales contract;

-Offer – the Seller’s offer expressed in writing delivered to the Buyer electronically or by standard mail, specifying at least the net unit price of the Good, the number of products offered, the date of execution / delivery, terms of payment and the validity of the offer;

-Order – a declaration of will to accept the Seller’s offer by the Buyer effectively delivered to the Seller in writing, the receipt of which the Seller has confirmed

    1. Placing an Order or purchasing a product from the Seller constitutes acceptance of these GTC without reservations and confirms that you have read the content.

II. TERMS OF SALE

    1. The conclusion of the sales contract is made by placing the Order by the Customer in a way that allows the Order to be read and confirmed.
    2. .”Bartex” undertakes to carry out the Buyer’s order after having previously sent the “Order Confirmation” to the Buyer, containing information about the quantity and type of Goods and the net price.
    3. Subsequent changes and additions to the sales contract require written form for their validity.
    4. ”Bartex” reserves all industrial property rights to created documentation and technical solutions, technical drawings, sketches and other similar documents made by “Bartex”. In particular, they may not be disclosed to third parties without the written consent of „Bartex”.
    5. By contracting „Bartex” to make the Good according to his drawings, templates, execution designs, etc., the Buyer ensures that his studies do not infringe the property rights of third parties.

III. TERMINATION OF THE CONTRACT

    1. The Seller reserves the right to withdraw from the contract if the Buyer is in arrears with payment of at least one VAT invoice or part thereof.
    2. The risk of loss or damage to the Goods passes from the Seller to the Buyer upon releasing the Goods, and in the case of entrusting the Goods to the carrier – upon the release of the Goods to the carrier, regardless of who pays the transport costs.

IV. OWNERSHIP

    1. The Seller reserves that the ownership of the sold Goods will be transferred to the Buyer only upon payment of the entire price to the Seller.
    2. The risk of loss or damage to the Goods passes from the Seller to the Buyer upon releasing the Goods, and in the case of entrusting the Goods to the carrier – upon the release of the Goods to the carrier, regardless of who pays the transport costs.

V. PRICE

    1. The prices provided by the Seller are net prices and will be increased by the tax on goods and services according to the applicable rates on the day of issuing the VAT invoice.
    2. If the price of the Good is specified in the offer in a foreign currency, the payment due is calculated according to the average exchange rate of the National Bank of Poland on the day preceding the date of issuing the VAT invoice.
    3. The price for the Goods sold will be specified each time in the “Order confirmation” form or sales contract.
    4. The Buyer undertakes to pay the price within the time limit indicated in the “Order Confirmation” or in the VAT invoice issued by the Seller. The day of making the payment is the day when the bank account belonging to the Seller is credited.
    5. The Buyer has no right to set off any of its claims against the Seller with the claims of the Seller arising from contracts for the sale of goods.
    6. The Seller ensures good quality and proper operation of the Goods.
    7. All components of the sold Good will be brand new, unused and functional.
    8. The Seller also declares that as the manufacturer of the Good he reserves the right to change the technical parameters of individual components (sub-assemblies) of the Good that may occur during the implementation of the Order, and resulting from technological progress or innovation in the production process, while the changes may not worsen the key functions and technical capabilities of the Good.

VI. COLLECTION OF GOODS AND ITS PROPERTIES

    1. The buyer undertakes to thoroughly examine the Goods at the time of their receipt in terms of quantity, quality, compliance with the technical specifications set out in the contract and for any visible defects.
    2. The parties agree that the cost of loading the Goods for transport lies with the Seller, and the cost of unloading with the Buyer, regardless of who pays the cost of transport.

VII. WARRANTY

    1. The warranty period is 24 months from the date of sale.
    2. Under the warranty, the Seller undertakes to repair free of charge physical defects of the Good revealed during the warranty period, by repairing them free of charge, replacing parts thereof or replacing them with other, without defects.
    3. Complaints under the warranty shall be submitted by the Buyer in writing with acknowledgment of receipt, within 7 days of the date of the defect, directly to the Seller. The notification should include; sales invoice number, description of the defect, number of the Good engraved on the body and photographic documentation.
    4. The Buyer is obliged to deliver the defective Goods to the Seller’s headquarters. The cost of disassembly, assembly and transport of the Goods are on the Buyer’s side.
    5. The delivered Goods must be complete.
    6. The seller undertakes to repair the defective Goods at his own expense, and if this proves impossible or extremely difficult, replace the defective goods for ones free from defects within a period agreed by the Parties, not longer than 10 working days.
    7. The cost of shipping the claimed Goods to the Buyer, if the complaint has been accepted, is covered by the Seller.
    8. The warranty is extended by the time of repair, counting from the day the Goods are delivered to the Seller until the repair service is performed.
    9. The Seller’s liability under the warranty is excluded in the case of: – mechanical damage to the goods after it was delivered to the Buyer

-mechanical damage to the goods after it was delivered to the Buyer;

-improper operation, maintenance, storage of goods;

-making any repairs by unauthorized persons or without the prior consent of the Seller;

-introducing structural changes by the Buyer without consulting the Seller.

    1. . If the Seller does not remove the defects indicated by the Buyer or does not replace the defective Goods for Goods free of defects within the time agreed by the Parties, the Buyer has the right to withdraw from the contract.
    2. The Seller’s liability under the warranty for defects in Goods is excluded in the cases referred to above in the content of paragraph 9 of this point.
    3. Initiating the complaint procedure does not release the Buyer from the obligation to pay the price for the Goods delivered.
    4. The Seller is not responsible for any costs, damages or claims arising from the defect of the Goods.

VIII. DELAYS IN PAYMENTS AND RELEASE, LIABILITY.

    1. In the event of the Buyer’s delay in paying all or part of the price for the goods delivered, he shall pay the Seller the interest in the amount indicated in the Act of 8 March 2013 on payment dates in commercial transactions (Journal of Laws 2013 item 403 – as amended). d.).

IX. FORCE MAJEURE

    1. The parties to this contract shall be released from liability for the consequences of improper or untimely performance of the Contract, which occur through circumstances of force majeure, provided that force majeure directly prevents or hinders the performance of the subject of this Contract.
    2. Force majeure means: a sudden, unpredictable event, independent of the will of the parties, due an external cause which, with the care required by the contract, the parties are unable to counteract, preventing the performance of the contract in whole or in part, such as: extraordinary windstorm, storm, downpour, snowfall, flood, drought, fire, earthquake, martial law, state of emergency, embargo, all hostilities, acts of sabotage, strikes excluding strikes by contract parties, lasting at least several hours exclusion of movement, when it is it is necessary for the performance of the contract, acts of public authority excluding or significantly restricting the possibility of purchasing goods or services necessary for the performance of the contract, external interference in the IT system resulting from security breach and the effects of criminal activities of third parties.
    3. If the force majeure dispappears, the Party which, as a result of its action, was forced to refrain from fulfilling its obligations, is obliged to immediately proceed with the implementation of this Agreement.
    4. Neither party is responsible for the consequences of acts or omissions of public authority.

X.CONFIDENTIALITY CLAUSE

    1. The Buyer undertakes to keep confidential all Confidential Information (as specified below) and will take all steps necessary to keep Confidential Information confidential. The expression “Confidential Information” means any information disclosed to the Buyer or obtained by the Buyer in another way in connection with the performance of the contract, relating to or in any way related to technical or commercial documents, specifications, formulas, drawings, plans, know-how, data, tools, samples and their results as well as markets, customers, products, procedures, plans, operational experience, marketing strategies, organizations, employees, financial conditions or plans and activities of the Seller, prices and deadlines. This confidentiality obligation binds the Buyer, its employees, proxies, representatives, suppliers or subcontractors. This Confidential Information is and will always be the property of the Seller.
    2. The obligation of confidentiality applies throughout the entire period of performance of the contract and for a period of 3 years from its implementation.

XI. ADDITIONAL PROVISIONS

    1. SThe competent court to settle any disputes will be the competent common court competent for the registered office of the Seller.
    2. In all matters not covered by these GTC or the contract, the provisions of the Civil Code shall apply. The provisions of these GTC may be amended only in writing to be valid.
    3. Whenever in the content of these GCS a written form has been established for carrying out the activity, it is assumed that this form is reserved under pain of nullity.
    4. These GTC are effective from March 15, 2018 until further notice.