1. These General Sales and Warranty Terms (hereinafter "sales-and-warranty-terms") apply the scope of contracts covering delivery and sales of products offered by Morad Sp. z o. o. with its registered office in Kartuzy, entered into the Register of Entrepreneurs with the following National Court Register number: KRS 0000161342, hereinafter referred to as the Supplier; and entrepreneurs acting as as purchasers of these products, hereinafter referred to as Purchasers.
2. Detailed terms and conditions of delivery and sales contracts between the Supplier and Purchaser may be regulated by a single or framework delivery (or sales) contract specifying the terms of the contract differently than it is specified in the regulated in the sales-and-warranty-terms. In the event of a conflict between the provisions contained in the detailed contract, and the sales-and-warranty-terms, the provisions of the detailed contract are binding.
3. The General Warranty Terms are a part of the sales-and-warranty-terms and apply from the point the products are sold.
4. An order placed by the Purchaser does not constitute grounds for concluding a contract in the event that it is contrary to sales-and-warranty-terms.
1. The price specified in the Supplier's contract or offer is a net price (excluding value added tax) ex the Supplier's seat.
2. If the price of national delivery in USD or EUR is stated in the offer or in the contract, the price shall be converted into PLN according to the exchange rate of of a given currency announced by the National Bank of Poland on the date of invoice issue.
3. The Supplier shall immediately inform the Purchaser about the occurrence or anticipated delay in the deliver and inform the Purchaser about its reasons and possible delivery date. The Supplier and the Buyer together, shall determine the further steps of procedure. A delay in the delivery may not constitute a reason for claims towards the Supplier.
4. The Supplier shall issue a VAT invoice for completed deliveries. The Supplier shall add tax on goods and services to the net prices specified in the offer or in the contract at the applicable rate.
5. If the Parties have not agreed otherwise, the price for the ordered products shall be payable in full before the goods being issued to the Purchaser. In the case of an invoice with a deferred payment date, the date of payment is counted on the day the funds are credited to the Supplier's account.
6. In the case of deliveries of products before payment of the entire price, discovering any possible defects in the deferred products shall not constitute grounds for the Purchaser to withhold payment of any part of the price.
7. Unless the Parties agree otherwise, the Purchaser is obliged to collect the products within two weeks from the date of receipt of information from the Supplier of the readiness of the products to be received. The Purchaser shall pay the Supplier a contractual penalty of 20% of the price of uncollected products, if the Purchaser delays the collection for more than 10 days counted from ineffective expiry of the above-mentioned two-week deadline. If the Purchaser does not collect the ordered products within the prescribed period, the Supplier may also withdraw from the contract. The Supplier shall be entitled to submit a written statement on withdrawal within 60 days from ineffective expiry of the deadline indicated to the Purchaser for receipt of the products. The Supplier's withdrawal from the contract shall not release the Purchaser from the obligation to pay the contractual penalty. The Supplier shall be entitled to claim supplementary compensation exceeding the amount of the contractual penalty.
1. The Supplier shall be entitled to withhold the processing of an accepted order if the Purchaser is in delay in payment of the amount due for the delivery covered by such an order, or delivery carried out earlier.
2. The ownership right to products is reserved for the Supplier until the payment of the entire price is made for such products.
The scope of application of the General Warranty Policy
1. The supplier grants a warranty for the sold products on conditions specified in the sales-and-warranty-terms for a period of 1 year from the date of issue of the products to the Purchaser.
2. Different warranty terms may be regulated by a single supply contract or a framework supply contract concluded between the Supplier and the Purchaser. In the event of a conflict between the provisions contained in the detailed contract, and the sales-and-warranty-terms, the provisions of the detailed contract shall be binding.
3. Pursuant to Article 558 § 1 of the Civil Code, the Parties exclude the Supplier's liability under statutory guarantee.
4. The Supplier shall to sell brand new and functional products.
5. If a defect is discovered, the Supplier, at its sole discretion, will remedy the defect or replace the product with a new one.
6. The claimed products shall be collected by the Supplier from the location to which they were delivered.
7. During the warranty and post-warranty period, the Supplier shall provide advice regarding maintenance and use of products.
8. The supplier grants a warranty only to the first Purchaser. The right of the Purchaser to transfer the rights under the warranty onto a third party is excluded.
9. It is required to store packages in airy rooms, away from acids, lyes and other corrosive substances. In the case of open storage, packages must be unsealed to avoid moisture condensation between the coating and the packaging film, and protected against rain, snow, excessive sunlight, tarpaulins allowing air to come in as well as air circulation.
10. The warranty shall not cover:
a) Products that were damaged during transport other than the Supplier's transport,
b) Products that have been damaged as a result of storage, installation or maintenance that is not compliant with the operation and maintenance manual, instruction manual or recommendations of the Supplier, unless the activities were performed by the Supplier or at the risk of the Supplier,
c) Use of products against the operation and maintenance manual, instruction manual or recommendations of the Supplier,
d) Mechanical damage,
e) Damage that occurred as a result of modifying products without the Supplier's knowledge,
f) Secondary damage that occurred as a result of using the product despite discovering an initial defect, unless the Supplier has been notified and suggesteed further use. The Supplier shall be responsible for assessing the causes for the above defects. The Supplier may remedy or exchange defective products for a fee.
11. The Supplier shall not be liable for damages resulting from product defects, including those resulting from business interruptions, loss of revenue, interruptions in the functioning of systems in which the products were installed, or for all other damages (direct and consequential damages) and related costs resulting from the defectiveness of the products.
12. The Supplier shall not incur costs related to disassembly and reassembly of products, as well as any other costs related to it (directly and indirectly).
The Warranty process
1. The Supplier shall accept any warranty claims of the Purchaser in writing or sent by email at email@example.com. The Supplier shall replace or repair the defective product within 21 business days of delivery of the complaint.
2. The cost of transporting defective products shall be covered by the Supplier, with the reservation that in the case of a groundless complaint, the cost of transporting the product to the Supplier's seat and back to the Purchaser shall be covered by the Purchaser within 7 days of receipt of the request for payment of such a cost.
3. The Supplier shall notify the Purchaser and suggest a paid repair or paid replacement of the product if the Supplier states that it is not liable under the warranty for the submitted defect or damage to the product.
1. The Polish law shall apply in the case of disputes resulting from the concluded contracts. In the event of a court resolution being required, the competent court shall be a court with jurisdiction over the seat of the Supplier.
2. In any other matters, the provisions of the Civil Code shall apply.