OWGIS/ GTCWP

1. These general terms and conditions of warranty and purchase (“GTCWP”) are applied to all purchase agreements, where Inter-Car Spółka z ograniczoną odpowiedzialnością (Ltd.) with its seat in Suchy Las, Obornicka Str. 174 is the Seller.
   If any provisions of these Conditions are deemed invalid, the remaining provisions of GTCWP shall bind the parties to the remaining extent.
2. The Buyer declares that he accepts the GTCWP in full and each of the provisions. Placing an order by the Buyer, accepting the Buyer’s order by Inter-Car or making a sales agreement means acceptance of the GTCWP and its inclusion in the contractual relationship between the parties.
3. The parties may exclude the application of individual provisions of GTCS by means of an individual agreement made before placing an order or before a sales contract is concluded. Inter-Car must explicitly confirm the exclusion of the application of the GTCWP provisions to the Buyer. In the event of a contradiction in the content of the contract with GTCWP, the parties are bound by the contract.
4. The Buyer may act only through his duly accredited representatives, i.e. in person or through an intermediary (in the case of natural persons), partners in accordance with the rules of representation or company intermediaries (in the case of partnerships), or members of the board in accordance with the rules of representation or intermediaries of the company (in case of limited liability/joint stock company). In case of doubts as to the authorization of the person placing the order or concluding the contract, Inter-Car may request delivery of the original power of attorney or its notarial signature (in the case of a trading companies – together with the original copy from the National Court Register) to prove the authorization, under pain of refusal to execute the order, sign the contract, or under pain of withdrawal from the contract within 14 days from the moment of concluding the contract / accepting the order – without meeting additional conditions.
5. Placing an order by the Buyer or accepting an offer submitted by Inter-Car can be done orally, by phone, fax or e-mail. Inter-Car requires the Buyer to confirm the order in writing, place an order in writing or accept the offer submitted by Inter-Car in writing. The last sentence of the preceding point applies accordingly.
6. The offer submitted by the Seller is not binding and may be cancelled at any time.
7. If the offer submitted to the Buyer by Inter-Car does not indicate anything else, the Inter-Car offer may be accepted without any reservations or additions to the content. This applies in particular to the quantity, unit prices, discounts, terms and conditions of payment, the method of delivery and the offer’s binding period. In case of doubts, the prices from the generally available Inter-Car price list are valid. The prices do not include VAT (tax).
8. Prices are calculated ex Suchy Las.
9. If the offer submitted by Inter-Car does not include the date of being bound by the offer, the offer ceases to be binding if it is not accepted immediately by the Buyer. Inter-Car may also withdraw such offers prior to its acceptance by the Buyer. In each case, the offer submitted by Inter-Car does not bind longer than 7 calendar days.
10. Inter-Car may specify in the contract that offer commercial information that certain goods are classified as non-standard. Order for non-standard goods requires a prepayment of 50% of gross prices of non-standard goods, unless Inter-Car clearly indicates that in a given case, it waives to set and collect the prepayment. The amount of prepayment is determined before accepting the order for execution or before concluding the contract, under pain of refusal to execute the order/contract in this respect. In the event of cancellation by the Buyer of an order for non-standard goods, Inter-Car reserves the right to withhold the amount of prepayment as a down payment. In addition, Inter-Car may claim from the Buyer the remaining part of the agreed price for non-standard goods (over the amount of the prepayment), regardless of the amount of the damage suffered. In the event of cancellation by the Buyer of an order for non-standard goods, if no prepayment was made, Inter-Car may claim from the Buyer the entire price for non-standard goods, regardless of the amount of damage suffered.
11. The Inter-Car surety for the goods sold is excluded.
12. The manufacturer provides a warranty for the goods for a period of 2 years from the date of the delivery of the goods. The warranty does not cover defects resulting from improper assembly of the product, use and exploit of the product contrary to the purpose or in a situation where the Buyer has agreed to the delivery of the pre-agreed lower quality product.
13. In the event of defects occurring during the warranty period, the Buyer is obliged to notify Inter-Car in writing of the defect within 14 days of its detection, under pain of the loss of warranty’s power. At the same time, the Buyer is obliged to provide the claimed item at his own expense to the Guarantor’s office or indicate the place where the item is located.
14. In emergency situations, Inter-Car can deliver the replacement goods in place of the claimed, if it is in stock, which does not prejudge the validity of the complaint. The Buyer will be obliged to pay for the delivered goods in the event that Inter-Car does not validate the submitted complaint. Until then, the goods remain the property of Inter-Car.
15. Inter-Car commits to consider the submitted complaint within 30 days from the date of its submission or to inform the Buyer about the new deadline for considering the complaint, if its recognition within this period was not possible. A lack of response from Inter-Car within this period does not constitute grounds for considering that the complaint was validated.
16. If the Buyer’s complaint is considered justified, Inter-Car decides whether to repair the item or to deliver a new product from the Inter-Car offer. The cost of the validated complaint is borne by Inter-Car.
17. In exceptional situations, when the repair of goods is not possible and Inter-Car cannot provide goods free from defects, Inter-Car can propose to give a discount on the claimed goods or to propose a different product in place of the claimed.
18. Validation of a complaint as justified does not constitute grounds for any further claims on the part of the Buyer due to compensation (loss of benefits or reparation of damage).
19. The Seller is not liable for damages caused by third parties.
20. The Buyer accepts a 10% tolerance regarding the quantity, size and weight of the product purchased.
21. The Buyer was informed about the fact that polyester Flexline Basic is not resistant to UV rays and is not allowed to come into contact with food.
22. The Buyer was informed that polyester has production errors on the roll, which are marked on the protocol and on the roll label.
23. The delivery period is set by the parties involved. The conditions for keeping the delivery period is the parties agreement on all of the essential elements of the contract, in particular the price and technical parameters of the goods, and meeting the Buyer’s obligations (e.g. making a prepayment, providing the requested documents). In the event of the Buyer failing to fulfill his obligations, the delivery period shall be extended accordingly, except where Inter-Car is responsible for not fulfilling these obligations.
24. Strikes, disruptions in traffic, disruptions in communication, war, vandalism, illnesses of employees, financial problems of suppliers, force majeure and other events for which Inter-Car is not liable (with particular regard to circumstances regarding Inter-Car suppliers), extend the agreed delivery period. Inter-Car will notify the Buyer as soon as possible about the expected duration of these circumstances.
25. The delivery date is considered to have been kept, until its expiry, if the product left the Inter-Car warehouse or Inter-Car informed the Buyer that it was ready to issue the goods or the Buyer (or a person acting on his behalf) collected the goods. Inter-Car can deliver goods in parts.
26. In the event of a delay in shipping or collection of goods for reasons on the Buyer’s part, Inter-Car is entitled to charge the Buyer with delay costs in accordance with the price list used by the carrier.
27. In the case of delivery of the purchased goods to the place indicated by the Buyer, the Buyer is obliged to check the completeness of the shipment according to shipping documents, and in the event of destruction, loss or damage to the parcel in whole or in part, complete the damage protocol and complete the formalities required by national and international transport law.
28. Until the full price for the goods has been paid, the goods remain the property of Inter-Car. If the Buyer sells the goods covered by the retention of title, Inter-Car may demand that the Buyer transfer to it the Buyer’s claims for payment of the price up to the amount of Inter-Car’s claim against the Buyer.
29. Inter-Car does not accept returns of goods, nor is it obliged to repurchase goods. Withdrawal from the contract by the Buyer is possible only with the payment of a fee equal to the amount of the goods ordered / gross sale price and no later than the date of payment for the goods indicated on the VAT invoice.
30. In the transaction settlement, Inter-Car issues a VAT invoice to the Buyer. The person collecting goods and a VAT invoice is required to submit a personal signature on a VAT invoice under pain of refusal to issue the goods. In the case of collection of goods on a different date than issued invoice, not receiving a VAT invoice does not exempt from the obligation to pay. The Buyer has the right to request a duplicate invoice in accordance with tax regulations.
31. If nothing else is stated in the Inter-Car offer, the accepted order or contract, the payment for the goods is payable at the latest on the date specified in the VAT invoice. The date of crediting the Inter-Car bank account is considered the date of payment of the payment by bank transfer. Other payment methods and price settlement require individual arrangements.
32. Inter-car payments are subject to statutory interest. In the event of a delay in payments for more than 14 days, Inter-Car has the right to demand, at its sole discretion, the release of the goods constituting its property or payment of the price.
33. The delay in payments by the Buyer exempt Inter-Car from all obligations covered by the contract concluded by the parties.
34. Unless these Conditions state otherwise, any claims for damages (in particular resulting from breaching of the provisions of the contract and related to damages that have not arisen in the purchased goods) will be excluded, unless this is contrary to mandatory provisions of law. Inter-Car is not liable for any damage related to the use of the sold goods in a manner contrary to its intended use and technical conditions.
35. The contract is deemed as concluded at the time of Inter-Car’s confirmation of the receipt of the statement accepting the offer and GTCWP and for the one concluded at the Inter-Car seat.
36. Any changes to the GTCWP must be accepted in writing under the pain of nullity.
37. All disputes arising from commercial relations will be settled by the court competent for the Inter-Car seat.
38. These GTCWP are valid from 01/01/2014.