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General Sales and Warranty Terms

1. These General Sales and Warranty Terms (hereinafter "sales-and-warranty-terms") apply to the contracts for delivery and sales of products offered by Morad Sp. z o. o. with its registered office in Kartuzy, entered into the Register of Entrepreneurs under National Court Register number: KRS 0000161342, hereinafter referred to as the Supplier, made between the Supplier and entrepreneurs as buyers of these products, hereinafter referred to as Buyers.

2. Detailed terms of delivery and sales contracts between the Supplier and the Buyer may be governed by a single or a framework delivery (or sales) contract, which specifies the terms of contract different than those governed in the sales-and-warranty-terms. If there is a conflict between the provisions of a detailed contract and the sales-and-warranty-terms, the provisions of the detailed contract shall be binding.

3. The General Warranty are part of the sales-and-warranty-terms and apply from the moment the products are sold.

4. An order placed by the Buyer is not the basis for concluding a contract if it is inconsistent with the 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 domestic delivery is expressed in the offer or the contact in USD or EUR, the price shall be converted into PLN according to the exchange rate of of a given currency at the National Bank of Poland on the invoice date.

3. The Supplier must immediately inform the Buyer about the occurrence or forecast of a delay in delivery, and inform about its reasons and the possible delivery date. The Supplier and the Buyer shall together agree on the further steps of procedure. Delay in delivery may not be the basis for any claims against the Supplier.

4. The Supplier issues an invoice for the completed deliveries. The Supplier adds the applicable amount of the value added tax to the net prices in the offer or in the contract.

5. Unless otherwise agreed by the Parties, the price for ordered products is payable in full before their release to the Buyer. In the case of an invoice with a deferred payment date, the payment date is counted on the date the funds are credited to the Supplier's account.

6. If the products are delivered before the full price is paid, detection of any defects in the deferred products is not a basis for the Buyer to withhold payment of any part of the price.

7. Unless otherwise agreed by the Parties, 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 of 20% of the price of any uncollected products, if the Buyer delays the collection by more than 10 days from the ineffective expiry of the said two-week period. If the Buyer fails to collect the ordered products within the prescribed period, the Supplier may also withdraw from the contract. The Supplier has the right to submit a written declaration of withdrawal within 60 days from the ineffective expiry of the period prescribed 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 relevant contractual penalty. The Supplier has the right to claim damages in excess of the amount of the relevant contractual penalty.

1. The Supplier has the right to suspend the processing of an accepted order if the Buyer delays the payment for a delivery covered by the order or an earlier delivery.

2. The ownership of products is reserved for the Supplier until their full price is paid.

Scope of application of the General Warranty Terms

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

2. Different warranty terms may be governed by a single or a framework delivery contract between the Supplier and the Buyer. If there is a conflict between the provisions of a detailed contract and the sales-and-warranty-terms the provisions of the detailed contract shall be binding.

3. Pursuant to Art. 558 § 1 of the Civil Code, the Parties exclude the Supplier's liability under the warranty.

Liability of the Supplier

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. Products subject to complaint will be collected by the Supplier from the location they were delivered to.

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

Disclaimer

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

9. Packages must be stored in airy rooms, away from acids, lye and other corrosive substances. When stored outdoors, packages must be unsealed to avoid condensation between the coating and the packaging film, and protected against rain, snow, excessive sunlight using air-permeable tarpaulins that provide air circulation.

10. This warranty does not cover the following:

a) Products damaged during transport other than the Supplier’s transport,

b) Products damaged as a result of storage, installation or maintenance inconsistent with the operation and maintenance documentation, user manual or the Supplier's recommendations, unless the activities were performed by the Supplier or at the Supplier's risk,

c) Use inconsistent with the operation and maintenance documentation, user manual or the Supplier's recommendations,

d) Mechanical damage,

e) Damage as a result of the modification of products without the Supplier's knowledge,

f) Secondary damage as a result of using the product despite the detected original defect, unless the Supplier has been duly notified and recommended further use. The person responsible for assessing the causes of said damage is the Supplier. The Supplier can repair or replace damaged products for a fee.

11. The Supplier is not liable for damages resulting from defects in products, including those resulting from disruptions of business operations, loss of income, disruptions in the operation of systems in which the products are embedded, or any other (direct and indirect) damages and related costs resulting from product defects.

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

Warranty process

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

2. The cost of transporting defective products is borne by the Supplier, provided that in the case of an unfounded complaint, the cost of transporting the product to the Supplier's seat and back to the Buyer is paid 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 propose a paid repair or replacement of the product, if the Supplier finds that they are not liable under the warranty for the reported failure or damage to the product.

Like other materials, stainless steel components must be cleaned and maintained to keep their good appearance and resistance to corrosion.

Tools recommended for stainless steel cleaning:

Fabric, chamois leather, nylon sponge, stainless steel brushes. It is prohibited to use carbon steel wire brushes, scouring wool or steel scouring pads.

The first cleaning is best done before handing over the component. The purpose of cleaning at this stage is to remove any dirt generated during transport and assembly. It is best to use warm soapy water or a mild detergent for cleaning. Then rinse the component with cold water and wipe dry. Any residual cement and mortar should be removed with a solution containing a small amount of phosphoric acid, and then rinsed with cold, preferably demineralised water. Under no circumstances should stainless steel be cleaned with strong detergents or products containing chlorides.

Dirt and sediment remaining on the surface of stainless steel for too long can initiate corrosion and matting, so it is necessary to periodically wash and clean these elements also during use. This procedure should be repeated every 6-12 months in a slightly polluted environment, or every 3-6 months while in a seaside, industrial or urban environment.

Lack of periodic washing and cleaning of stainless steel components, or performing these procedures with inappropriate tools and cleaning agents, may lead to the formation of corrosion.

Under certain conditions of use of products with thermal insulation, an unfavorable physical phenomenon may occasionally occur in the form of profile dilatation, which is the bending of the wing profiles.

The bending of the profiles results from the uneven elongation of the external and internal sections due to their different temperature. Obviously, the greatest deflection occurs during the hours when the wing profiles are exposed to maximum sunlight. The return to its original shape takes place in the following hours, when the insolation is lower. The occurrence of this phenomenon increases with the improvement of the thermal insulation of the profiles. In order to reduce this phenomenon, it is necessary to eliminate at least one of the factors listed below.

The undesirable phenomenon of profile deflection may occur due to the following factors:

  • mounting the door on the south or south-west side of the building,
  • exposing the product to direct sunlight,
  • door filling in a dark color,
  • use of dark color of profiles,
  • the presence of long vertical or diagonal lacings in the door leaf.

1. Polish law will be applicable to the resolution of disputes arising from signed contracts. If a court resolution is necessary, the competent court shall be a court with jurisdiction over the Supplier’s seat.

2. The provisions of the Civil Code apply in any other matters.


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