General Conditions of Sale
- An order placed by the Purchaser requires confirmation by the Seller (APM PRO sp. z o. o.), unless the Parties decided otherwise.
- Terms of delivery mentioned in the Purchaser order or in the Seller’s offer are indicative. Seller shall not be liable for any failure to meet the delivery date for reasons independent of the Seller.
- Unless the parties agree otherwise in writing, the delivery date is understood as the date when the Seller prepares the goods to be at the disposal of the carrier.
- Delivery is made on the account and risk of the Purchaser. Release of the goods takes place upon its entrustment by the Seller to the carrier.
- Where transport of goods shall be done by the Purchaser’s transport, Seller shall notify in advance by fax or e-mail about readiness of goods for reception. Purchaser agrees to pick up the goods from the Seller warehouse within the time specified in the notice. If the Purchaser is delayed with acceptance of the goods, the Seller has the right to charge a fee for the additional storage. The Seller may also return the goods for storage at the expense and risk of the Purchaser.
- If the parties have not agreed otherwise, the unit price of the goods does not include the package. Unless the order specifies the packaging of the product, the Seller will send the goods in packaging protecting from damage during transport.
- The Purchaser shall examine the goods in the manner resulting from its properties, the manufacturer’s instructions, customs and laws. The Purchaser is obliged to notify the Seller in writing within 3 working days from the date of receipt of goods about noticed defects or missing goods, and in the event that the defect is discovered only later – from the date of disclosure of the defect. Consequences of failure to comply with these obligations are borne by the Purchaser (Art. 563 §2 of the Civil Code).
- The Seller’s liability under the warranty only covers the replacement of that part of the goods in respect of which defects are found. Warranty terms – if the item is under warranty, Seller determines the warranty document.
- Seller shall not be liable for any damages or losses arising from the use of or inability to use the product. Before using the Purchaser is obliged to determine whether the product complies with the intended use. Purchaser bears all risks and liability associated with the use of the product.
- Unless agreed otherwise in writing, the unit prices of goods are subject to agreement by the parties in each case when placing the order.
- The date of payment shall be the date of crediting the bank account specified by the Seller. In case of delayed payment the Purchaser is obliged – without any additional calling Buyer – to pay arrears plus interest at the statutory interest rate.
- Seller has the right to suspend the realization of further deliveries under the accepted orders until the Purchaser pays the overdue payments. Seller may condition further deliveries on the payment in cash or by prepayment or the establishment of security for claims in the form accepted by the Seller.
- Purchaser may not set off its claims against the claims of the Seller or to transfer these receivables to other entities without Seller’s written consent.
- The Purchaser is obliged to immediately notify the Seller of the change of its registered office or correspondence address. Lack of notice causes notifications made at the previous address considered effective.
- All correspondence between the parties can be be done through registered mail, the letter twice advices and not taken in time, as well as given by fax is deemed to be properly served.
- Any disputes parties shall settle amicably. In the lack of agreement, parties submit the case to the competent court for the headquarters of the Seller.
- Acceptance of the invoice implies that the Purchaser knows the content of these conditions of sale and accepts them.
They are effective from 30 December 2004.
