§1. General provisions
1. This document stipulates the terms and conditions of selling and delivering products and services offered by Mariusz Grzelczak, Dariusz Zuber Sp. J. P.H. „DAR-POL-STAL”.
§2. Offers and orders
1. The agreement shall be considered executed after the order placed by the Buyer with DAR-POL-STAL has been reviewed and accepted.
2. Unless the order/agreement specifies quality requirements for the product or service, the products and tolerances are to be compliant with the applicable material standards.
3. Accepting the order / executing the agreement, DAR-POL-STAL obliges to deliver products or services compliant with the Buyer’s order. DAR-POL-STAL shall not be held liable for the fitness of the ordered product for the specific application by the Buyer or their further vendors.
4. Because of the nature of the products offered, DAR-POL-STAL reserves the margin of measurement accuracy in the order performance of more or less 10% when compared to the accepted order.
5. Unless it is specified otherwise in the order / agreement, the product is to be prepared according to internal DAR-POL-STAL standards or process-related standard of the manufacturer.
6. The delivery date shall be any business day of the specific week, unless it is stipulated otherwise.
§3. Prices, terms and conditions of payment
1. The costs and method of delivering the products to the Buyer as well as of any additional services are agreed on a case-by-case basis when accepting the order. In the absence of such arrangements, it is assumed that the goods are to be collected from the seat or respective office of DAR-POL-STAL.
2. If the amendments to the accepted order, agreed by the parties, resulted in amending the subject of the agreement and/or its quantity, or any other terms and conditions of a given order were made, DAR-POL-STAL reserves the right to change the price of the subject of the agreement.
3. The value of the product being sold is determined based on the price specified in the quotation or order / agreement and the product quantity expressed in the unit of measure being grounds for the settlements.
4. If the order settlement takes place in any other currency than PLN, unless the parties decide otherwise, the values in the invoice are determined based on the sale FX rate of a given currency in Bank Handlowy w Warszawie S.A. on the invoice issue date.
§4. Certificates of approval and other documents
1. DAR-POL-STAL, if thus stipulated in the order/agreement, shall present the certificate of approval and other documents agreed in writing.
2. The agreed documents, unless it is stipulated otherwise in the order/agreement, shall be sent by e-mail or traditional mail following the delivery.
§5. Order Processing
1. If the delivery takes place with DAR-POL-STAL transport, the following rules shall apply:
a. The Buyer shall ensure that the access roads to the unloading site guarantee entrance and exit of a wheeled vehicle with the total permissible weight of 42 t, length of 17 m and height of 4 m. The Buyer shall be obliged to notify DAR-POL-STAL in writing of any difficulties or deviations in this respect at the time of placing the order, accepting any delivery delays related thereto. If the difficulties or deviations in the scope described above turn out to be significant enough to prevent or make it significantly difficult to release the goods, the risk and cost of all adaptations in this respect shall be borne by the Buyer.
b. The delivery carried out within 3 business days after the confirmed deadline shall be considered made in due time.
c. The Buyer shall ensure the measures required to unload the vehicle immediately. DAR-POL-STAL may encumber the Buyer with the costs of unjustified downtime.
d. The Buyer shall be held liable for unloading; DAR-POL-STAL shall not be held liable for any losses incurred during unloading.
2. In the absence of any detailed arrangements in the order, the carrier shall be selected by DAR-POL-STAL.
3. The Buyer obliges to ensure acceptance by the authorised representative who will confirm acceptance with their legible signature and possibly present their identity document.
4. DAR-POL-STAL shall not be held liable for any delayed order processing and the lead time shall be extended with the duration of the obstacle resulting from any circumstances beyond the parties’ control, including but not limited to any untimely delivery of material by DAR-POL-STAL suppliers, force majeure, unforeseen disturbances in DAR-POL-STAL work etc. Partial order performance can be the subject of a partial delivery and be invoiced separately by DAR-POL-STAL.
§6. Complaints and return of the products
1. The Buyer shall be obliged to inspect the product in terms of quantity and quality immediately after it has been received.
2. A precondition for complaint handling is to ensure clear identifiability of the product, tracing its origin to DAR-POL-STAL, as well as a detailed description of the defect / absence, with evidence corroborating the defect / absence in the form of digital photos or the results of examination / measurements, as appropriate for the scope of the complaint.
3. If any qualitative or quantitative nonconformity is detected during the delivery acceptance, the Buyer shall record this fact on the copy of the delivery document for DAR-POL-STAL and immediately, no later than within 5 business days following the delivery, informs in writing of the nonconformities detected.
4. If any hidden defects of the product are ascertained, the Buyer shall be obliged to make a complaint in writing immediately, no later than 5 business days after the defects have been detected. Hidden defects must be reported within 1 year after the material production date.
5. The return of the challenged product requires an earlier consent of DAR-POL-STAL and can be effected solely based on the return form received from DAR-POL-STAL. A precondition for accepting the returned product is the retained identifiability, i.e. the ability to prove the product was delivered by DAR-POL-STAL, with retained branding or labels of DAR-POL-STAL.
6. The returned product should be secured in a way preventing further deterioration.
7. The product returned to DAR-POL-STAL shall be subject to quantity and quality tests. DAR-POL-STAL reserves the right to reject the product being returned if it founds out the product is damaged to a degree greater than indicated in the complaint form.
8. Challenging the quantity and/or quality of all the products of a part of them does not authorise the Buyer to postpone any payments for the deliveries made or services provided.
§7. Payments and other settlements
1. Invoices issued by DAR-POL-STAL shall be paid as indicated in the invoice. The date of payment shall be the day when DAR-POL-STAL account is credited.
2. If the Buyer delays payment or acts to DAR-POL-STAL detriment, DAR-POL-STAL reserves the right to suspend deliveries or service provision until the obstacle has been removed.
3. If the Buyer orders a product and then fails to collect it or violates any other provisions of the agreement, DAR-POL-STAL shall be entitled to accrue a contractual penalty in the amount equal to the gross value of the order (i.e. including VAT which would be added if the goods were collected).
4. The above does not waive DAR-POL-STAL right to claim damages exceeding the value of contractual penalties in line with general rules.
5. DAR-POL-STAL reserves the right to transfer the claim it has towards the customer, including but not limited to the insurer insuring a given transaction.
§8. Other arrangements
1. Any legal relations with the Buyer shall be governed solely by the Polish law. Any disputes resulting from the agreement / order performance shall be settled by the court competent for DAR-POL-STAL seat.
2. No rights resulting from the agreement executed with DAR-POL-STAL shall be assigned to any third party without a written consent of DAR-POL-STAL.
3. DAR-POL-STAL reserves the right to retain ownership title to the sold property until the whole price has been paid.
4. The Buyer, when executing the agreement, agrees to have their personal details processed by DAR-POL-STAL to perform the order and for marketing purposes related to the latter’s activity.
5. The Buyer shall enjoy all the rights resulting from the act of 29 August 1997 on protecting personal information (Journal of Laws of 2002, no. 101, item 926 as amended), including but not limited to the right to inspect their own personal details.