General terms and conditions of sale "GLASSIO"
of August 8, 2019
General terms and conditions of sale "GLASSIO" of August 8, 2019
Contents:
- General terms of sale
- Conclusion of a sales contract
- Price
- guarantee of quality
- Conditions of delivery
- Payment date and interest
- Limited liability of the Seller
- Buyer's liability
- Securing the Seller's claims
- Reservations of ownership of the sold goods
- Withdrawal from or termination of the Sales Agreement
- Correspondence
- Authorized persons
- Law and court records
Appendix 1. General warranty conditions for glass products.
Appendix 2. Assessment of the visual quality of glass products.
Annex 3. Certain special properties of insulating glass.
Annex 4. General recommendations for installation, assembly and maintenance.
Appendix 5. General instructions for cleaning glass surfaces.
Annex 6. WZ document.
Annex 7. Report on accidents during transport/assembly
Annex 8. Authorization
GENERAL CONDITIONS OF SALE OF GLASSIO
1. These General Terms and Conditions of Sale, hereinafter referred to as "GTCS", are general terms and conditions of sale within the meaning of Art. 384 § 1 of the Civil Code and are applicable by GLASSIO Konstrukcje Szklane with its registered office in Szczecin, ul. Żupańskiego 12, hereinafter referred to as the "Seller", with legal and natural persons conducting business activity, as well as individual clients, each of whom is hereinafter referred to as the "Buyer". The Seller and the Buyer are hereinafter also collectively referred to as the "Parties".
2. These General Terms and Conditions come into force on the day of their delivery to the Buyer.
3. These General Terms and Conditions may be changed by the Seller. A change is understood to include both the introduction of changes to the existing General Terms and Conditions, as well as their repeal and introduction of new General Terms and Conditions. The changes are binding on the buyer from the date of delivery to the buyer. The amended GTC apply to orders placed by the Buyer after the date of delivery of the amended GTC.
4. The General Terms and Conditions of Purchase shall prevail over the general terms and conditions of purchase from the Buyer.
5. By placing an order, the Buyer fully accepts the General Terms and Conditions, unless the parties agree otherwise in writing.
6. If the Buyer has received the General Terms and Conditions for one order, it is deemed that he also accepts them for all subsequent contracts and orders until the Seller delivers new General Terms and Conditions to him.
§1. Conclusion of the Sales Agreement
1. A Sales Agreement is concluded when the Buyer or a person authorized by him places an order for goods included in the Seller's individual price list intended specifically for a specific Buyer - hereinafter referred to as the " individual price list " or in an individual offer negotiated by the parties for the sale of specific goods, hereinafter referred to as " individual offer " or according to the general price list with an indication of the type of goods ordered, their quantity and delivery date, and the Seller or a person authorized by him in writing, within 3 business days from the date of receipt of the order, will confirm its acceptance regarding the subject of sale, its quantity and delivery date.
2. Within 3 days from the date of placing the order by the Buyer, the Seller may refuse to accept the order by informing the Buyer in writing or by telephone.
3. Other offers, samples, documents, technical catalogs and advertising materials of the Seller are not binding. The Seller reserves the right to change the above-mentioned. information documents, technical parameters and the product set itself.
§ 2. Price
1. In the Sales Agreement, the valid price is the net price of the goods specified in the individual price list or in the individual offer valid on the day of placing the order with the Seller.
2. In the event of a delay in the receipt or execution of the order for reasons attributable to the Buyer, the Seller has the right to charge the Buyer with the costs of storing the goods in the amount of 10% of the value of the goods for each commenced week of storage.
3. The price validity period is included in the individual price list or in the individual offer presented to the Buyer by the Seller.
§ 3. Quality guarantees
1. The terms of the warranty for goods are each time specified in the warranty document constituting Annex 1 to these General Terms and Conditions.
2. The Seller ensures that the goods sold by him comply with the applicable standards included in the table in the document General warranty conditions - Annex 1
3. The conditions for assessing the visual quality of insulating glass units and permissible defects are specified in the document entitled "Assessment of the visual quality of glass products" constituting Annex 2 to these General Terms and Conditions.
4. The properties of insulating glass units are specified in the document entitled "Certain special properties of insulating glass" constituting Annex 3 to these General Terms and Conditions.
§ 4. Delivery terms
1. Delivery times are given in the individual offer. These deadlines may not be met in the following cases:
1.1. failure by the Buyer to comply with these General Terms and Conditions,
1.2. delay in providing the Buyer with information necessary for the Seller to complete the order,
1.3. delays on the part of the Seller's suppliers over which the Seller had no or limited influence,
1.4. damage to goods during transport or reloading,
1.5. delay caused by any unforeseeable event, including force majeure.
2. In the event of a delay in delivery caused by any of the cases specified in § 4 section 1 The Buyer has no right to withdraw from the contract, refuse to accept the goods or submit claims for damages against the Seller on this basis.
3. Information about the type and quantity of products is included in the document entitled WZ constituting Annex 6 to these General Terms and Conditions.
4. Transport
4.1. When making a supplier, the Seller has the right to use the assistance of third parties.
4.2. If the Buyer does not collect the goods from the Seller within the time specified by the Seller. The Seller may demand compensation from the Buyer in the amount of the expenses incurred, including storage costs in the amount specified in §2 section 2 General Terms and Conditions.
4.3. Any damage or loss of goods is checked by the Buyer upon delivery and, if any, is indicated in writing in the document entitled: "Report on accidents during transport/assembly" constituting Annex 7 to these General Terms and Conditions, in the presence of the driver/employee performing the assembly, who retains the original document. In order to receive delivery of goods free from defects, the Buyer is obliged to send the goods on the above-mentioned date of preparation or at the latest on the next day to the Seller who delivered the ordered goods.
4.4. If the height of the goods exceeds 2.40 m or its length exceeds 4.50 m, the Buyer may be charged additional transport costs related to the Seller's rental of specialized equipment necessary for the transport/installation of glass.
4.5. At the Buyer's written request, the Seller may perform decomposition using its own specialized equipment for additional remuneration.
4.6. If access to the place of delivery is limited by an entry ban, the Buyer is obliged to inform the Seller about this fact and to provide the Seller with an appropriate permit which, without violating road traffic regulations, allows the Seller to reach the place of delivery without any collisions.
5. Packaging of goods
5.1. The packaging of the goods consists of returnable wooden crates and pallets as well as reusable metal stands: single-sided type L and double-sided type A. The stands, crates and pallets are the property of the Seller.
5.3. When delivering glass on stands, the Seller makes the stands available to the Buyer for a period of up to 14 days from the date of delivery.
5.4. Each time the racks, boxes or pallets are moved, the Buyer receives confirmation of this movement in the "WZ" document constituting Annex 6 to these General Terms and Conditions. The "WZ" document is prepared in two copies, one for the Buyer and the other for the Seller. The person authorized to sign the WZ on the part of the Seller is the driver of the car delivering the glass to the Buyer. Signatures in the record card should be legible, enabling identification of the signers.
5.5. The stands are collected by the Seller at his own expense on the agreed date. Typically, with each delivery, crates or pallets on which glass was delivered in the previous period are collected from the rack. If there are no expected deliveries in the current period, the Buyer is obliged to agree with the Seller on the date of collection of the racks, boxes or pallets (no longer than 14 days before delivery), on which date the Seller will arrange a vehicle.
5.6. Racks, boxes and pallets are collected from the Buyer's headquarters or production plant or another place agreed between the parties. The Buyer is obliged to load the racks, boxes and pallets onto the Seller's vehicle.
5.7. If the Buyer does not prepare the racks, boxes and pallets for return within 14 days from the date of delivery, the Seller may charge a rental fee for the racks, boxes or pallets in the amount of PLN 20 net/day for each piece, starting from the 15th day after delivery, and determine the final their collection date.
5.8. If the rental value of a stand, box or pallet exceeds the purchase price of their new equivalent, the Seller may issue an invoice for the sale of the stand, box or pallet for the value as in §4 section 5/13. After the Buyer pays this invoice, the rack, box or pallet becomes his property.
5.9. By accepting stands, boxes and plaques, the Buyer undertakes to take care of their technical condition and is responsible for any damage caused by his fault.
5/10. After returning the A- stands equipped with plugs, the driver checks their completeness.
5/11. Twice a year, on dates agreed with the Buyer and in the presence of its representative, the Seller has the right to conduct an inventory of the stands located at the Buyer's premises. Any inaccuracies will be checked against the WZ documents.
5/12 WZ documents and documents from the inventory of racks, boxes and pallets are the only documents confirming their acceptance or return. The buyer should keep the documents for 2 years after delivery.
5/13. In the event of loss or destruction of a stand, box, pallet or failure to return them within the set deadline, the Buyer will be charged the amount enabling the purchase of their new equivalent and not less than PLN 600 net for a type L stand, PLN 1,000 net for a type A stand and PLN 300 PLN net per box or wooden pallet.
§ 5. Payment deadline and interest
1. The Seller will issue an invoice no earlier than on the day of delivery/assembly at the Buyer's and no later than 7 days after delivery/assembly. Each customer order is invoiced separately unless otherwise agreed.
2. The Buyer is obliged to pay the Seller for the purchased goods within the deadline specified by the Seller on the invoice, which results from the payment deadline indicated in the individual price list or individual offer delivered to the Buyer, and the deadline will be counted from the date of issuance of the invoice.
3. Each payment for the goods made after placing the order or during the execution of the order before the delivery date constitutes an advance payment towards the price of the goods.
4. The date of the advance payment or payment is the date when the payment made by the Buyer is credited to the Seller's bank account. For delay in payment, the Buyer will pay interest at the statutory rate in accordance with Art. 481 §1 and 2 of the Civil Code
5. In the case of deliveries of goods payable in installments, failure to pay one of them results in the immediate maturity of the remaining part of the amount due.
6. The Buyer's debt to the Seller is the sum of the amounts resulting from unpaid invoices and the value of orders in progress.
7. In the event of a change in the Buyer's financial or legal situation, the Seller is entitled to request that the Buyer provide security for payment of the amount due, including the value of orders in progress.
8. If the Buyer exceeds the payment deadline for the delivered goods, resulting from even one invoice, the Seller has the right to make immediately due the receivables arising from all issued invoices, including those whose payment deadlines have not yet expired. Moreover, if the Buyer is in default in paying any invoice, the Seller has the right to withhold further deliveries until the debt is repaid.
9. If the parties agree that the Buyer will repay the debt by assigning to the Seller the receivable due to the Buyer from a third party, the liability of the debtor of the transferred receivable and the Buyer will be joint and several towards the Seller until the actual satisfaction of the Seller.
10. Filing a complaint by the Buyer does not affect the payment date and price of the goods sold. The Buyer may not set off any of its receivables from the Seller against the Seller's receivables from the Buyer under sales contracts.
§ 6. Complaints
1. The Buyer's rights arising from the received warranty document oblige the Seller only to substitute deliveries, provided that the damage or defect of the goods occurred and was reported within the warranty period and was caused by the Seller's fault.
2. The buyer is obliged to examine the goods immediately after receiving them. Any complaints related to the quantity or visible defects of the goods should be reported by the Buyer at the time of receipt of the goods/assembly by completing the Acceptance Protocol by the Buyer or a person authorized by him. The Report must describe the condition of the received goods, indicating the nature, location of damage, number of deficiencies, and this condition must be confirmed by a Glassio employee after delivery/installation.
3. Complaints regarding hidden defects or damage that cannot be identified at the time of receipt should be submitted within 3 days from the date of detection of the damage or defect, but no later than within 14 days from the date of delivery/installation.
4. Failure by the Buyer to meet the deadlines for reporting a complaint specified in § 6 sections 2 and 3 means that the complaint will not be considered by the Seller.
5. When reporting any complaints, the Buyer is obliged to provide: the reason for the complaint, the order number and the date of delivery of the goods/installation. The Buyer submits a complaint in writing by delivering the document to the Seller by registered letter or fax, or by e-mail on the date of preparation of this document. The document should be drafted in accordance with the rules for creating official letters.
6. In the event of damage or breakage of the goods during assembly, during transport or in the event of a defect in a glass element or other element delivered by the Seller, and after it has been determined that the Seller is responsible for this defect, its liability is limited solely to the delivery of the goods, glass element or other item free from defects, excluding any additional costs (repair, agency, third party labor). In the case of providing an assembly service, the Seller's obligation is to deliver the goods, glass element or other element together with the assembly, the scope of which has been previously determined by the parties in an individual offer.
7. Until the complaint is finally considered, the Buyer is obliged to store the complained goods in a proper manner to prevent any damage or shortages, but no longer than 60 days from the date of delivery. The Seller reserves the right to analyze and inspect the full quantity of the complained goods or to properly pack them for return.
8. In each case of a complaint, the basis for its consideration by the Seller is the "Complaint Protocol" document prepared by the Seller's representative and photographic documentation prepared immediately after the event by the Seller's or Buyer's representative appointed for this purpose.
9. If the complaint is accepted, the Seller is obliged to remove the defects (i.e. in accordance with the standards and properties referred to in § 3 or undamaged) or to deliver the missing goods within a period no longer than the period of execution of the original order.
10. The Seller has the right to suspend the fulfillment of claims against the Buyer until the Buyer has settled all outstanding amounts for the complained goods until they are considered by the Seller.