GENERAL TERMS OF SALE
§1
- These General Conditions of Sale (hereinafter referred to as the GTCS) define the rules for concluding contracts for the sale of goods and services, the seller of which is Bro Investments Sp. z o.o. with headquarters in Dębno, ul. Parkowa 8, 74-400 Dębno, registered in the National Court Register under the number KRS 0000512670.
- The GTCS constitutes an integral part of all sales contracts concluded by Bro Investments Sp. z o.o., including contracts concluded in the form of a written order, offered to the entity that makes the purchase.
- These GTS are contractual regulations binding the parties in the sale of goods. The parties exclude the use of other contract templates (general terms of the contract, terms of sale, contract templates, regulations, etc.) used or agreed by the Buyer.
- The provisions of these GTS may be changed only in writing under pain of nullity. The conclusion of a separate sales contract excludes the application of these GTS only to the extent regulated differently therein.
- Different arrangements between the parties, agreed and confirmed in writing, take precedence over the provisions of the GTCS.
- Form of sale: Sale of goods with delivery by shipping companies.
DEFINITIONS
§2
The use of the terms in these General Conditions of Sale means:
- Seller – Bro Investments Sp. z o.o., ul. Parkowa 8, 74-400 Dębno, NIP: 5971731714, REGON: 321532576.
- Buyer – a legal person, an organizational unit without legal personality and a natural person running a business.
- Payment date – the day on which the payment for goods or services becomes due.
- Goods – movables, services, goods that are to be sold under a sales contract between the Seller and the Buyer.
- Order – an offer to purchase products submitted by the Buyer in writing, delivered in person, by letter, courier or e-mail, containing at least: the name of the ordered product, quantity, Buyer’s data necessary to issue a VAT invoice and company details, contact details, method, date and place of receipt of the ordered products.
- Confirmation – a written declaration of the Seller about the acceptance of the order, submitted to the buyer after its receipt, specifying at least the price of the goods, the total value of the ordered goods, the date of completion, place and terms of delivery / collection and payment terms
OFFERS AND ORDERS
§3
- Information posted on the Seller’s website, catalogs, brochures, leaflets, advertisements and other publications – do not constitute an offer within the meaning of the Civil Code, even if they have a price tag. Publications on the products offered by the Seller are for information purposes only, while the patterns and samples issued by the Seller are for demonstration and exhibition purposes only. Detailed technical data provided in publications may change at any time, including due to constant changes taking place in the technical industry.
- The condition for the effective conclusion of the sales contract is the submission of an order by the Buyer and a written confirmation of the order by the Seller (in the form of an e-mail, by letter to the company’s registered office address, via e-mail). Written order confirmation means that the Seller has received the order and accepted it for execution. Placing an order by the Buyer does not bind the Seller, and the lack of his response does not mean that the order has been silently accepted.
- If the order concerns a previously presented offer, it is necessary to include the number of this offer in the order. If the offer number is not quoted, the Seller shall not be liable for any price inconsistencies on the VAT invoice, non-availability of the goods, as well as non-compliance with the specific parameters of the goods specified in the original order.
- Cancellation of the order by the Buyer is allowed only in exceptional cases, after prior written agreement of the terms of cancellation of the order with the Seller. The Seller reserves the right to charge the Buyer with the actual costs that arose up to the time of cancellation – not greater than the value of the order.
- Any technical advice on the part of the supplier is for information purposes only and does not result in the Seller’s liability in this respect.
- If the Seller’s inability to perform the service was due to force majeure, the Buyer shall not be entitled to any claim for compensation for the damage resulting from non-performance or untimely performance of the contract.
DELIVERY TERMS AND CONDITIONS
§4
- The seller is obliged to deliver the goods meeting the conditions specified in the order confirmation, i.e. the date and place of delivery, quantity, type of goods, price.
- If the “prepayment” form is agreed in the payment terms, the delivery date may be extended by the delay in making the payment. The date of payment shall be the date of crediting the Supplier’s bank account.
- The Seller is not responsible for any losses, damages or costs (direct or indirect) resulting from the Buyer’s claims due to delivery errors or delays caused by the actions of the shipping company.
- All benefits and burdens related to the goods and the risk of their accidental loss or damage shall be transferred to the Buyer upon release of the goods from the warehouse.
- The buyer is obliged to check the compliance of the delivered goods with the order immediately after receiving the goods. He is obliged to check in particular: the condition of the shipment, as well as the quality, quantity and range of the delivered goods, and immediately (i.e. no later than 5 working days) to report to the carrier and the Seller any reservations in this regard by drawing up a non-compliance protocol. The Seller reserves the right to inspect the reported damage at the place of delivery.
- The Seller reserves the right of ownership of the goods sold, which has the effect that the Seller is the owner of the goods until full payment of the amount due for the goods received and other receivables under the sales contract, regardless of the place of storage or installation in other items.
WARRANTY
§5
- The Seller provides a guarantee for its products. The warranty period is 12 months from the date of sale, provided that the goods are used and stored properly and in accordance with its intended use and technical properties.
- Loss of warranty claims and warranty claims for defects is caused by the following actions: improper installation, improper operation, exceeding the technical parameters given in the relevant catalog cards or in offers.
- The seller is not responsible for the natural wear and tear of the goods as a result of its proper use.