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Conditions of Sale

GENERAL CONDITIONS OF SALE HAUBITZ – POLSKA SP. Z OO

I. GENERAL PROVISIONS

1. These "General Conditions of Sale", hereinafter referred to as the GTCS, apply to the sale of Products by Haubitz-Polska Spółka z ograniczoną odpowiedzialnością with its seat in Mirosławice. 
2. The terms used in the remainder of these General Sales Conditions have the following meanings: 

• "Seller" ("Seller", "Haubitz-Polska sp. Z oo) - Haubitz-Polska Limited Liability Company (Sp. Z oo);
• "Buyer" ("Customer") - an entity conducting business activity, being the other party to the sales contract (contractor Haubitz-Polska Sp. Z oo); 
• "Product (s)" - commercial goods (s) sold by Haubitz-Polska Sp. z o. o. 
• "Producer" - the producer of a given Product (s); 
• "Business Day" means any day except Saturday, Sunday or public holidays in Poland; 
• "Area" means the geographical area / area / of the Republic of Poland; 
• "Third Party" means any natural person, partnership, partnership, legal person, state or local government body, or any other entity, institution or organization other than the Seller, Buyer or Customer; 
• "Force Majeure" means any event causing random effects for the Seller, Customer or Manufacturer, such as: natural disaster, accident, explosion, fire, hurricane, earthquake, flood, drought, riots, embargo, riots, war, acts of war, terrorism , unforeseen and significant regulatory action or decision, sudden increase / decrease in raw material prices, economic crisis or other sudden and significant circumstances or events beyond the control of the injured party; 
• "GTCS" means these General Conditions of Sale.

3. The provisions of the GTCS constitute an integral part of the commercial cooperation agreements concluded by the Seller in the sale of Products.
4. On the terms and conditions set out in these GTS, the Seller undertakes to sell Products, and the Buyer undertakes to purchase products from the Seller for a fee for the purposes of business activities carried out on his own behalf and on his own responsibility, in accordance with the terms of the contract, the law and the provisions of the GTS.

II. CONCLUSION OF THE CONTRACT AND TERMS OF PAYMENT

1. Based on the information contained on the website or commercial information made available to potential customers in a different way, the customer may formulate an inquiry to conclude a commercial transaction. The inquiry should be made in writing. It is also allowed to submit inquiries by e-mail or by phone, subject to the need to confirm them in writing within 3 days.
2. The order (offer) placed by the Customer is binding. If the Seller confirms the acceptance of the Customer's order (offer) without reservations within 14 days of its receipt, the contract is considered concluded. Otherwise, all possible conversations and exchanges of correspondence regarding the determination of the terms of the transaction are negotiations. After the final determination of the terms of the transaction, in particular the date of order fulfillment, payment terms and price, the Seller formulates an offer that is sent to the Customer by e-mail or in another agreed manner.
3. Haubitz-Polska Sp. z o. o. reserves the right to perform the contract by delivering the goods in batches.
4. The change of the delivery date agreed in the contract is possible due to circumstances for which Haubitz-Polska Sp. z o. o. is not responsible. Such circumstances include, in particular, unfavorable weather conditions (very low or high temperature), strikes, etc. Each time the delivery date for goods is changed, Haubitz-Polska Sp. z o. o. will inform the customer with a new delivery date. Such change of the contract performance date will not be considered as non-performance or improper performance of the obligation and cannot constitute the basis for any liability of Haubitz-Polska Sp. z o. o
5. The parties are bound by the price amount specified in the finally accepted offer. Tax on goods and services (VAT), which will be added to the price at the rate applicable on the date on which the relevant regulations apply to the tax.
6. Payment for the delivered goods will take place on time and under the conditions specified in the contract, on the basis of the contract issued by Haubitz-Polska Sp. z o. o. invoices.
7. In the event of a delay in paying the invoice, contractual interest will be charged in the amount of twice the statutory interest for the delay, in accordance with the applicable regulations.
8. Charging contractual interest does not result in the loss of claims for damages under the general principles of the Civil Code.
9. Haubitz-Polska Sp. z o. o. reserves the right to change prices in the event of a change in the exchange rate.

III. TERMS OF DELIVERY, CONTROL AND STORAGE

1. Unless otherwise agreed, the deliveries of the Products are made by the Seller to the place specified by the Buyer.
2. Seller will not be responsible for any loss, damage or expenses incurred by the Customer as a result of delay in shipping, unless such delay was caused by Seller's negligence or intent.
3. The buyer is obliged to carefully check the condition (quantitative receipt), immediately on the day of receiving the goods. The Buyer is obliged to check and identify any shortages of the shipment and / or Products on the day of delivery, in the presence of the carrier's employee and (if any defects are found) to draw up the appropriate protocol - under pain of passing to the Buyer the risk of loss or damage to the Products upon the release of the Products, i.e. entrusting the Products by the Seller to the carrier, even if the carrier has been selected by the Seller.
4. The Seller is not responsible for quantitative shortages and / or mechanical damage if the agreed terms of the contract include the collection of Products by means of transport at the request of the Buyer.
5. The Seller is not responsible for accidental loss, destruction or damage to the goods during unloading, if the Buyer fails to meet the conditions necessary for the proper unloading of the goods. This applies in particular to the Buyer's failure to provide a place and its appropriate conditions for proper unloading. 
6. The Customer will always ensure appropriate storage of the Product, i.e. storage in conditions that prevent deterioration of the quality, appearance or packaging of the Product, and will also ensure that the Product will be stored in accordance with the materials provided by the Product manufacturer, as well as the applicable legal regulations in the Area. The burden of proving the proper performance of the obligations set out above rests with the Client.

IV. PASSING OF RISK

1. The Seller bears the risk of loss or damage to the Products until they are released, which also includes the delivery of the Products to carriers (postal operators) acting on behalf of the Customer.
2. The Buyer bears the risk of losing or damaging the Products from the moment they are accepted.
3. The Seller is not liable for damages caused by the Buyer as a result of delay in delivery on the part of the carrier and the manufacturer. 

V. WARRANTY

1. The Seller provides the Customer with a warranty for physical defects of the item sold on the terms set out below.
2. The Seller is liable under the warranty for physical defects that existed at the time the danger passed on to the Customer, or resulted from a reason inherent in the item sold at the same time, subject to the content of points 3 and 4 below.
3. Subject to the content of Section III point 3, the Customer loses the rights under the warranty if the Product (goods) is not inspected at the latest within 24 hours from the date of delivery or receipt, and in the event of a potential defect being detected in this way - if this fact is not reported immediately, however, no later than 24 hours from the date of detection.
4. The Seller is released from liability for physical defects of non-standard Products ordered by the Customer, about which the Customer will be notified no later than on the day the order is accepted for execution.
5. If the Customer's claim is recognized under the warranty for physical defects of the sold, the Seller will be obliged to remove the defect by reducing the price or by replacing the item with a defect-free item, at its own discretion or, if possible, at the Customer's choice.
6. The Seller's liability for minor, aesthetic defects of the Products is excluded.
7. The Seller is released from the warranty for physical defects of the item sold or its components, if the Manufacturer of these items or components has not provided an appropriate warranty to the Seller.
8. Complaints about defects in Products should be submitted only in writing, using the complaint form available at www.haubitz.pl ( Appendix 1 ), along with complete photographic documentation, under pain of refusal to consider the complaint.
9. Any comments and complaints regarding the size and quality of the delivered goods should be submitted in writing within 48 hours from the date of receipt of the goods, under pain of losing the right to refer to them at a later date. Damage and defects reported later are not subject to complaint, as they depend on external factors for which Haubitz-Polska Sp. z o. o. is not responsible.
10. The Buyer will be informed about the method of considering the complaint in writing, by e-mail or by phone.

VI. PERSONAL DATA PROTECTION

1. Personal data protection, including data of a special category, is carried out by the Seller on the basis of the adopted Personal Data Protection Policy of Haubitz-Polska Sp. z o. o
2. Information on the processing of personal data, including data of a specific category, is available on the company's website: www.haubitz.pl.
3. All offers and marketing materials may be transferred by phone, letter and e-mail, to which the Customer hereby agrees.

VII. INDEMNIFICATION

1. The Customer will indemnify and release the Seller and its employees and representatives from all liability for all costs and expenses (including legal fees), losses, damages and liabilities arising from any process or proceedings brought against them due to a defect in the Products arising without the sole fault of the Seller. .

VIII. FORCE MAJEURE, FINAL PROVISIONS

1. Both the Seller and the Buyer will be excused for non-performance or delay in performance of any of their obligations arising from mutual business relationships, except for pecuniary obligations, if such non-performance or delay is caused by Force Majeure events, provided that the injured party:
   1. it will immediately notify the other party in writing of the occurrence or circumstances which it intends to invoke in order to justify;
   2. will resume operation immediately after the cause of the delay has been removed
   3. will use commercially reasonable efforts to minimize the duration of such delay.
2. The parties will first try to resolve any disputes arising from economic relations through agreements and negotiations in accordance with good cooperation. Any disputes that cannot be resolved amicably will be settled by a common court having jurisdiction over the seat of Haubitz-Polska Sp. z o. o
3. These GTS together with all appendices and documents, including invoices issued on the basis of GTS, constitute the entire agreement between the parties regarding the sale of Products by Haubitz-Polska Sp. z o. o
4. The Seller reserves the right to unilaterally change the content of the GCS during the term of the commercial cooperation agreement. In the event of changes, the Seller will notify the Buyer by letter, e-mail, by posting information on the Seller's website or on the sales document.