General Terms and Conditions of Sale and Warranty
1. These General Terms and Conditions of Sale and Warranty (hereinafter referred to as "sales-and-warranty-terms") apply to contracts for the delivery and sale of products offered by Morad Sp. z o. o. with its registered office in Kartuzy, entered into the register of entrepreneurs under KRS number 0000161342, hereinafter referred to as the Supplier, concluded between the Supplier and entrepreneurs as purchasers of these products, hereinafter referred to as the Purchasers.
2. Detailed terms of delivery and sales contracts between the Supplier and the Buyer may be regulated by a one-off or framework delivery (or sales) contract, specifying the terms of the contract differently than those regulated in sales-and-warranty-terms. In the event of a conflict between the provisions contained in the specific contract and the sales-and-warranty-terms, the provisions of the specific contract shall prevail.
3. The General Warranty Terms are part of the sales-and-warranty-terms and apply from the moment of sale of the products.
4. The order placed by the Buyer does not constitute the basis for concluding a contract if it is inconsistent with the sales-and-warranty-terms.
5. The company is not responsible for the technical condition of the building, in particular jambs, walls, lintels, ceilings and other structural elements that may prevent or hinder the installation of window joinery.
If, after dismantling the existing joinery, defects, damage, moisture, instability or other irregularities in the building structure are discovered that prevent the proper installation of new windows, the Company shall not be liable for the inability to perform the service or for any resulting delays or costs.
The consequences of removing revealed defects or preparing the doorframes for installation are the responsibility of the Ordering Party, unless the parties agree otherwise in writing.
1. The price specified in the contract or the Supplier's offer is the net price (excluding value added tax) ex the Supplier's registered office.
2. If the price of domestic delivery in USD or EUR is provided in the offer or in the contract, the price will be converted into PLN according to the sales rate of the given currency at the National Bank of Poland on the day of issuing the invoice.
3. The Supplier must immediately inform the Buyer about the occurrence or forecast of a delivery delay and notify about its causes and possible delivery date. Together, the Supplier and the Buyer will determine further steps. Delay in delivery may not give rise to any claims against the Supplier.
4. The supplier issues a VAT invoice for the delivered deliveries. The Supplier adds the tax on goods and services to the net prices included in the offer or contract in the applicable amount.
5. Unless the Parties have agreed otherwise, the price for the ordered products is payable in full before their delivery to the Buyer. In the case of an invoice with a deferred payment date, the payment date is counted on the day the funds are credited to the Supplier's account.
6. If the products are delivered before the full price is paid, the detection of any defects in the deferred products does not constitute a basis for the Buyer to withhold payment of any part of the price.
7. Unless the Parties have agreed otherwise, the Buyer is obliged to collect the products within two weeks from the date of receiving information from the Supplier that the products are ready for collection. The Buyer will pay the Supplier a contractual penalty in the amount of 20% of the price of the uncollected products if the Buyer delays in collecting more than 10 days from the ineffective expiry of the above-mentioned. two-week deadline. If the Buyer does not collect the ordered products within the specified period, the Supplier may also withdraw from the contract. The Supplier is entitled to submit a written declaration of withdrawal within 60 days of the ineffective expiry of the deadline set for the Buyer to collect the products. The Supplier's withdrawal from the contract does not release the Buyer from the obligation to pay the stipulated contractual penalty. The Supplier is entitled to claim compensation exceeding the amount of the stipulated contractual penalty.
1. The Supplier has the right to suspend the execution of an accepted order if the Buyer is in delay in payment for the delivery covered by this order or for a delivery completed earlier.
2. The ownership of the products is reserved to the Supplier until the full price for them is paid.
Scope of application of the General Warranty Rules
- The Supplier provides a warranty for the products sold under the terms specified in the sales-and-warranty-terms for a period of 1 year from the date of delivery of the products to the Buyer.
- Different warranty terms may be governed by a one-off or framework supply agreement between the Supplier and the Buyer. In the event of a conflict between the provisions of the specific agreement and the sales and warranty terms, the provisions of the specific agreement shall prevail.
- Pursuant to Article 558 § 1 of the Civil Code, the Parties exclude the Supplier's liability under warranty.
Supplier's liability
- The supplier undertakes to sell brand new and functional products.
- If a defect in the product is found, the Supplier will, at its discretion, remove the defect or replace the product with a new one.
- The complained products will be collected from the place where they were delivered by the Supplier.
- During the warranty and post-warranty periods, the Supplier provides advice on the maintenance and use of products.
Disclaimers
- The Supplier provides the warranty only to the first Purchaser. The Purchaser's right to transfer the warranty to a third party is excluded.
- Parcels must be stored in well-ventilated areas, away from acids, alkalis, and other corrosive substances. If stored outdoors, parcels must be unsealed to prevent moisture condensation between the coating and the packaging film, and protected with breathable tarpaulins to ensure air circulation against rain, snow, and excessive sunlight.
The warranty does not cover:
a) Products that have been damaged during transport other than that of the Supplier;
b) Products that have been damaged as a result of storage, installation or maintenance not in accordance with the technical documentation, operating instructions or the Supplier's recommendations, unless the activities were performed by the Supplier or at the Supplier's risk;
c) Use inconsistent with the technical documentation, operating instructions or Supplier's recommendations;
d) Mechanical damage;
e) Damage resulting from the processing of products without the knowledge of the Supplier;
f) Consequential damage resulting from continued use of the product despite the original defect being identified, unless the Supplier has been notified and advised to continue use. The Supplier is responsible for assessing the causes of such damage. The Supplier may repair or replace damaged products for a fee;
g) Maintaining the adhesion of the foil to laminated, multi-layer glass (except for a 50 mm wide edge strip from the edge of the glass and the edge of any opening) after a period of 12 months from the glass delivery. Note: in the case of installation in a very humid environment with average air humidity above 70%, the width of the strip not covered by the delamination warranty is 100 mm;
h) Other reports regarding glass defects will be handled in accordance with the glass manufacturer's factory standards.
The Supplier is not liable for any damage resulting from product defects, including business interruptions, loss of revenue, interruptions in the functioning of systems in which the products are incorporated, or for any other damages (direct or indirect) and related costs resulting from product defects.
The Supplier shall not bear the costs associated with the dismantling and reassembly of the products, nor any other costs related thereto (directly or indirectly).
Warranty implementation process
- The Supplier will accept warranty claims from the Buyer in writing or by email to reklamacje@morad.pl. The Supplier is obligated to replace or repair the defective product within 21 business days of receipt of the claim.
- The cost of transporting defective products is borne by the Supplier, however, if the complaint is found to be unjustified, the cost of transporting the product to the Supplier's registered office and back to the Buyer is borne by the Buyer within 7 days from the date of receipt of the request for payment of these costs.
- The Supplier will notify the Buyer and propose a paid repair or replacement of the product if it determines that it is not liable under the warranty for the reported malfunction or damage to the product.
Subject to the last sentence of this point, the Consumer has the right to return the purchased goods within 14 days of delivery. The Buyer has the right to return without giving reasons as part of the withdrawal from the contract. The returned Product should be sent back without visible traces of prefabrication, in the original packaging. In the event of destruction of the original packaging, the Buyer will provide appropriate packaging of the goods for transport. At the same time, we inform you that we do not accept packages sent to us cash on delivery. The money will be returned in accordance with the Act within 14 days by bank transfer to the account indicated by the Buyer in the return form. The right to withdraw from the contract and return the Product does not include a Product that was previously painted or individually modified by Morad on the Buyer's request.
1. The goods are delivered to the Buyer on L, C and A type racks and baskets for profiles, hereinafter referred to as racks for simplicity, which can be returned to the Seller.
2. Each delivery is accompanied by a list of stands, the acceptance of which is confirmed by the Buyer's representative, which confirms the receipt of the stands by the Buyer. By accepting the stands, the buyer undertakes to take care of their technical condition.
3. The Buyer undertakes to prepare the stands for collection within the time specified by the Seller, but no later than 30 days from the date of delivery, at the Buyer's headquarters or at the place of delivery of the goods.
4. In the case of transport organized by the Buyer, the Buyer is obliged to return the stands to the Seller's plant at its own expense and at no later than 30 days from the date of receipt of the products without separate requests.
5. The stand is returned only on the basis of the stand handover document signed by the Seller.
6. If there is an obligation to deliver the Goods to the Customer at the place indicated by him (e.g. construction site), the risk of accidental loss or damage to the racks with the Goods is transferred to the Customer at the moment of entrusting them to the carrier, regardless of whether the carrier was chosen by the Seller, the Customer or a third party.
7. During loading, transport and unloading, the Customer has the right to use the racks free of charge in accordance with their properties and purpose. If the stands were entrusted to another person, e.g. a carrier, forwarder, construction site security, then the obligation to return the stands also rests with these persons. The Seller's claims for compensation for damage to or deterioration of metal stands shall be entitled regardless of sales claims.
8. If the 30-day return period is exceeded, Morad Sp. z o. o. reserves the right to charge the Buyer with a contractual penalty in the amount of 15% of the net value of the stands for each subsequent month of delay, or to issue a VAT invoice to the Buyer covering the sale of the stands at the above prices, to which the Buyer consents.
- L, C type stand – PLN 900 net,
- type A stand – PLN 2400 net,
- basket for profiles – PLN 3000 net.
The company Morad Sp. z o. o. reserves the right to change the price of the stands to the current market prices.
9. If the Buyer returns a complete, undamaged stand by the end of the following month, counting from the date of issuance of the debit note by the Seller, the Seller will adjust the value of the charged note to PLN 0. For each subsequent month of delay, the Seller will retain 15% of the contractual penalty. In the case of the return of the stands included in the sales invoice, the Seller will issue a correction invoice corresponding to the full value of the stand only if the stands are returned within 30 days from the date of invoice issuance. If the stand is returned after 30 days from issuing the invoice, the Buyer will issue a resale invoice to the Seller, reducing the value of the stand by 15% for each month of delay.
10. It is unacceptable to take the racks outside the territory of the Republic of Poland and use them for purposes other than storing the goods delivered by the Seller without the consent of the Seller.
11. The Seller does not consent to making the stands available to third parties, excluding carriers, forwarders and construction site security.
Elements made of stainless steel, like those made of other materials, must be cleaned and maintained to maintain their good appearance and resistance to corrosion.
Recommended tools for cleaning stainless steel:
Fabric, suede leather, nylon sponge, stainless steel brushes. Do not use carbon steel wire brushes, cleaning wool or steel scrubbing pads.
It is best to perform the first cleaning before handing over the object. Cleaning at this stage is intended to remove any dirt caused during transport and assembly. For cleaning, it is best to use warm water with soap or a mild detergent. Then rinse with cold water and wipe dry. Any remains of cement and mortar should be removed with a solution containing a small amount of phosphoric acid and then rinsed with cold water, preferably demineralized. Under no circumstances should stainless steel be cleaned with strong detergents or products containing chlorides.
Since dirt and sediment remaining on the surface of stainless steel for too long may initiate corrosion and dull the surface, it is necessary to wash and clean these elements periodically, also during use. In an environment with little pollution, this treatment should be repeated every 6-12 months, while in a seaside, industrial and metropolitan environment - every 3-6 months.
Lack of periodic washing and cleaning of stainless steel elements, as well as performing these procedures using inappropriate tools and cleaning agents, may lead to corrosion.
1. Polish law will be applicable to resolving disputes arising from signed contracts. If a court decision is necessary, the competent court will be the court of the Supplier's registered office.
2. In other matters, the provisions of the Civil Code apply.