The aim of these General Terms and Conditions is definition of terms concerning Polstal Spółka Jawna Mariusz Słabosz, Arkadiusz Krawiec, known as ‘POLSTAL’ or ‘Seller’, which sell products to Buyers purchasing metallurgical products designated by detailed Conditions For Ordering either Contracts.
Terms shall have the following meanings:
GTC – General Trade Conditions
Buyer – understood as legal or natural person or any organizational unit without corporate existence purchasing products from POLSTAL for business purposes undertaking and carrying out economic activities
Goods – the good or service offered for sale
Parties – Seller and Buyer
GTC are regulated by the parts of the contract. Parties are the integral part of the contracts in which POLSTAL as selling party unless otherwise decided. Trade conditions offered by Buyer apply in case of written acceptance signed by POLSTAL.
For the purpose of entering the agreement with POLSTAL, Buyer shall submit a purchase order according to conditions defined below. Buyer submit purchase order in electronic written form either by fax. Any changes in order should be provided in writing (fax, e-mail) on pain of invalidity.
Any order will be seen as valid if following information included:
Subject of contract either its description and information included in POLSTAL’s offer, quantity of goods either service, price, Buyer’s data, details required to issue VAT invoice and delivery address details if different from address data on invoice, payment conditions and the way of taking over ordered goods; stamp, purchaser’s readable signature, the date of issuing the order.
Receiving the order by POLSTAL does not necessary mean acceptance for execution.
The order will be considered as valid if order confirmation is being sent by Polstal in writing (fax, e-mail).
III. RIGHT OF PROPERTY
Polstal Company has property right for goods which Buyer ordered until Polstal receives total payment from Buyer. Until total payment is made, buyer is not allowed to sell ordered goods (this also applies to the appropriation of security).
Risk of loss or goods demage is transffered from Seller to Buyer from the moment of loading goods on truck. It is no matter who incur expenses for transport costs.
In case of breaking contract by the Buyer, especially in case of payment delay, Polstal is entitled to pick up materials on Buyer costs, after a prior call to return or pay.
IV. PRICES/ PAYMENT TERMS
The price of the goods shall be determined by agreements valid on the day of ordering.
Oral agreements and assurances of the Seller’s employees shall be binding only upon their written confirmation.
In the event of change of fees and costs, affecting the price, arising from the time of the conclusion of the contract and delivery, the Seller reserves the right to change the price to the appropriate extent.
If the Buyer has delayed payment for the delivered part of the ordered goods, Polstal may refrain from providing further parts of the goods by giving the Buyer an appropriate date for the payment guarantee, and after the expiry of the agreed term, may withdraw from the contract.
The seller may require the Buyer to make immediate payment for the purchased goods or to provide a satisfactory guarentee of delivery within the agreed time.
If the Seller receives, after the conclusion of the contract, significant messages about deterioration of the buyer’s financial situation, as a result of which Seller’s claims are threatened, is entitled to demand that they satisfy their independence from the due date.
Quantitative and qualitative complains do not entitle the Buyer to suspend payment for deliveries.
The delivery terms are specified each time in the offer and its subsequent confirmation.
Exceeding the delivery date can not result in cancellation of ordered deliveries.
If shipping is delayed due to reasons for which Polstal is not liable, from the day of readiness to ship all risks are passed on to the Buyer. The Buyer agrees to cooperate with Polstal to the extent necessary to perform the contract.
The following conditions relieve you of any liability for breach of contract . These are: force majeure and any other circumstances beyond the control of the parties, such as labor conflicts, customs, currency and energy restrictions, general shortages of goods, extraordinary government decisions and deficiencies and delays in the performance of orders by Seller's suppliers resulting from any of the Described above reasons.
The Buyer is responsible for ensuring that the technical data, quality and quantity of the material meet his needs.
If the order does not specify the conformity of the material with the standard or does not include a description of the desired quality of the material, it will be delivered as a normal commercial product without liability for special quality requirements.
Approvals and certificates are included with each order in the form of a photocopy. The Seller is responsible for whether the documents submitted relate to the delivered steel, but does not control the information contained therein.
VII. ADMISSION OF GOODS / CLAIMS
The Buyer is responsible for immediate unloading. Unreasonable waiting time for unloading is at Buyer’s own expense.
The Buyer is obliged to inspect the goods in terms of quantity and quality immediately after delivery.
If the Buyer, after examining the goods, finds a non-conformance with the proof of delivery, he shall make a note on the indicated written document and shall immediately inform the Seller in order to agree on the further course of the proceeding.
The seller is obliged to exchange a non-compliant goods if the complaint is made correctly.
The seller is responsible for the goods delivered in accordance with the regulations in force in Poland. The seller is not liable for the economic loss and lost benefit of the Buyer resulting from the submitted and accepted complaint.
VIII. RETURN OF GOODS
Return of goods is permitted only on the basis of a separate agreement concluded between the Parties on this issue.
The condition for accepting returned goods is that they are undamaged and identifiable as to the parameters included in the certificates. In the case of pre-packaged goods, they must be in original, undamaged packaging.
All disputes between Buyer and Seller, which cannot be solved through negotiation, shall be settled by the relevant local and merit courts proper to the Seller.