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.

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

1. The Supplier provides a warranty for the products sold on the terms specified in sales-and-warranty-terms for a period of 1 year from the date of delivery of the products to the Buyer.

2. Different warranty conditions may be regulated by a single or framework supply agreement between the Supplier and the Buyer. 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. Pursuant to Art. 558 § 1 of the Civil Code, the Parties exclude the Supplier's liability under the warranty.

Supplier's liability

4. The Supplier undertakes to sell brand new and functional products.

5. If a product defect is found, the Supplier will, at its discretion, remove the defect or replace the product with a new one.

6. The complained products will be collected by the Supplier from the place where they were delivered.

7. During the warranty and post-warranty period, the Supplier provides advice on the maintenance and use of products.

Disclaimers

8. The Supplier grants a warranty only to the first Buyer. The Buyer's right to transfer warranty rights to a third party is excluded.

9. It is required to store packages in airy rooms, away from acids, lyes and other corrosive substances. If stored outdoors, packages must be unsealed to avoid moisture condensation between the coating and the packaging foil, and protected against rain, snow, excessive sunlight, and with air-permeable tarpaulins that ensure air circulation.

10. The warranty does 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 inconsistent with the technical and operational documentation, operating instructions or recommendations of the Supplier, unless the activities were performed by the Supplier or at the Supplier's risk,

c) Use inconsistent with the technical and operational documentation, operating instructions or the Supplier's recommendations,

d) Mechanical damage,

e) Damage resulting from processing products without the Supplier's knowledge,

f) Secondary damage that occurred as a result of using the product despite the noticed primary defect, unless the Supplier was notified and recommended further use. The person responsible for assessing the causes of said damage is the Supplier. He may repair or replace damaged products for a fee.

g) maintaining the adhesion of the foil to laminated, multi-layer glass (except for the edge strip 50 mm wide from the edge of the glass and the edge of the opening) after a period of 12 months from the delivery of the glass.
Note: in case of installation in a very humid environment, with average air humidity above 70% width of the belt not subject to delamination warranty is 100mm.

h) other reports regarding glass defects will be considered in accordance with the glass manufacturer's factory standards.

11. The Supplier is not liable for damages resulting from product defects, including those resulting from business interruptions, loss of revenues, interruptions in the functioning of systems in which the products are built-in, or for all other damages (direct and indirect) and related costs resulting from product defects.

12. The Supplier does not bear any costs related to the disassembly and reassembly of the products or any other costs related thereto (directly and indirectly).

Warranty implementation process

1. The Supplier will accept the Buyer's warranty claims in writing or sent by e-mail reklamacje@morad.pl. The supplier is obliged to replace or repair the defective product within 21 business days of receiving the complaint.

2. The cost of transporting defective products is borne by the Supplier, with the understanding that in the event of an unfounded complaint, the cost of transporting the product to the Supplier's office and back to the Buyer is covered by the Buyer within 7 days from the date of receiving the request for payment of these costs.

3. The Supplier will notify the Buyer and offer paid repair or replacement of the product if it finds that it is not liable under the warranty for the reported failure or damage to the product.

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.