GENERAL CONDITIONS OF CONTRACTS | AUTOMATION TRADER

 

§1. General provisions

 

1. These general terms and conditions apply to all Agreements relating to the sale or provision of services by Automation Trader Maciej Szczotka based at ul. Browarowa 21, 43-100 Tychy, NIP: 6462558521, REGON: 243655030, entered by the Minister of Economy into the Central Register and Information on Economic Activity.

 

2. The general terms and conditions of the contracts define the mutual rights and obligations of entities being a party to the above-mentioned Agreements and the terms and conditions of the Provision of Services.

 

3. General terms and conditions of contracts, hereinafter also referred to as "GTC", constitute an integral part of all Agreements concluded with Automation Trader Maciej Szczotka based in Tychy.

 

4. The definitions used in these GTC mean:

 

4.1. Contractor - Automation Trader Maciej Szczotka based at ul. Browarowa 21, 43-100 Tychy, NIP: 6462558521, REGON: 243655030, entered by the Minister of Economy into the Central Register and Information on Economic Activity,

 

4.2. Ordering Party - an entity that is the other Party to the concluded Agreement - a natural person running a business, legal person or an organizational unit without legal personality, which uses the Goods and Provision of Services by the Contractor,

 

4.3. Agreement - a contract for the provision of services within the meaning of the Civil Code (Journal of Laws No. 16, item 93, as amended), concluded with the Ordering Party in Polish via the website www.automationtrader.com,

 

4.4. Service - all services provided by the Contractor to the Ordering Party based on these GTC,

 

4.5. Provision of services - sale of goods, sale of goods together with their delivery or Service of Goods to the Ordering Party based on these GTC,

 

4.6. Goods - all goods, including their parts, which the Contractor have to deliver to the Ordering Party in accordance with these GTC,

 

4.7. Service - acceptance by the Contractor of the Goods for the purpose of carrying out the necessary repairs together with the replacement of the required components of the Goods at the expense of the Ordering Party,

 

4.8. Offer - presentation of the terms of the service to the Ordering Party, incl. specification of the type of goods, price, date and method of payment as well as other rules of order fulfillment in accordance with these GTC,

 

4.9. Offer acceptance - acceptance of the type of goods, price, payment date, terms of implementation and these GTC in order to conclude a contract,

 

4.10. Conclusion of the contract - acceptance by the Ordering Party of the terms of the Offer presented by the Contractor or confirmation by the Contractor of the acceptance of the order for execution,

 

4.11. Delivery date - the day on which the Goods are supposed be delivered to the Ordering Party,

 

4.12. Business day - every day of the week except Saturdays, Sundays and public holidays,

 

4.13. Confidential information - any information provided by the Contractor to the Ordering Party in oral or written form regarding the Offer or the concluded contract and its terms, which cannot be made available to third parties,

 

4.14. Parties - Ordering Party, Contractor,

 

4.15. Force majeure - external events that are impossible to foresee and prevent, in particular: disruptions in the operation of the plant, sudden serious industrial and technological failures, suspension of energy supplies, limitations caused by war, strike, natural disaster or the management of national and local authorities preventing the implementation of the subject of the contract, etc. 

 

5. General terms and conditions of contracts are an integral part of the Agreement concluded by the Parties,

 

5.1. If the Ordering Party is in permanent trade relations with the Contractor, its acceptance of the General Terms and Conditions of the Contract with one order shall be deemed to be their acceptance for all other orders and Agreements, until the GTC is changed, when the Contractor informs the Ordering Party about the new terms of cooperation before concluding another Contract.

 

5.2. The provisions of these GTC may be changed unilaterally by the Contractor by changing the content of the document available on the website www.automationtrader.com at any time, about which the Contractor will inform the Ordering Parties by publishing information about the change no later than 7 days before the new GTC enter into force. The new GTC shall apply only to Agreements concluded after their publication - orders placed before their publication or as a result of the acceptance of the Offer presented by the Contractor prior to their publication, will be implemented based on the GTC valid on the date of placing the order or presenting the Offer.

 

5.3. In the event of a conflict between the content of the Agreement and the General Terms and Conditions, the contractual provisions shall apply.

 

5.4. If individual provisions of these GTC prove ineffective or unenforceable, this will not affect the effectiveness and enforceability of the remaining provisions. The parties are then bound by the rights and obligations that reflect the economic purpose of the ineffective or unenforceable provision as much as possible.

 

5.5. The Contractor makes these GTC available free of charge via the website www.automationtrader.com in a form that allows downloading, saving and printing the document.

 

§2. Offer

 

1. All promotional materials, catalogs, brochures, price lists and other documents provided by the Contractor, among others on the website, or otherwise, are for information purposes only and do not constitute an Offer within the meaning of the Civil Code. The contracting authority may not, on the basis of this information, require the Contractor to conclude a contract under certain conditions.

 

2.The offer addressed directly to the Ordering Party contains the appropriate specification of the Goods, their proper description and price. The individual sending of the Offer by the Contractor to the Ordering Party and its confirmation of receipt of the Offer is binding if the Ordering Party accepts the Offer. 

 

3. Any accidental errors and obvious typographical errors contained in the Offer are subject to correction on the part of the Contractor and shall not constitute grounds for the Ordering Party to claim damages from the Contractor in connection with the above. In this case, the Contractor may evade the Conclusion of the Agreement on the basis of a defective Bid, citing an error and submitting to the Ordering Party a declaration of will in the appropriate content. In such a case, the Agreement concluded as a result of the Ordering Party's acceptance of the defective Offer shall be deemed not to be concluded.

4. Only the Contractor's employees or persons duly authorized (written power of attorney) by the Contractor are authorized to submit Offers on behalf of the Contractor. Any Offers submitted by third parties, the rights of which the Contractor will not confirm in writing, shall not be binding on the Contractor.

 

5. It is presumed that the person accepting the Bid submitted by the Contractor and thus concluding the Agreement with him, has the power to represent the Ordering Party. If this presumption is rebutted, the Ordering Party is considered to be the person who placed the order in someone else's name without proper authorization.

 

§3. Conclusion of the contract

 

1. The conclusion of the contract between the Parties takes place by written confirmation and acceptance of the Offer by the Ordering Party personally, via e-mail or fax. The acceptance of the Offer is tantamount to the Ordering Party's commitment to apply these GTC.

 

2. For the conclusion of the contract, the Contractor's confirmation of the acceptance of the order for execution, expressed in writing via e-mail or fax, within a maximum period of 3 working days from the receipt of the order. This does not apply to Agreements the conclusion of which took place pursuant to paragraph 1 above.

 

3. Any changes to the Agreement for the provision of services to be valid require a written form or an explicit agreement of the Parties via e-mail.

 

4. Orders that have been accepted by the Contractor may not be canceled by the Ordering Party without the Contractor's consent. The Contractor may consent to the return of the Goods also in the case of already completed orders, but the cancellation may not be made later than 7 days from the date of delivery of the Goods and must be delivered to the Contractor together with the ordered Goods.

 

5. In the event of cancellation of the order, the Ordering Party is obliged to make a payment in the amount of 30% of the order value for warehouse service. If the price for the Goods has already been paid, the Contractor may deduct the above-mentioned fee on the refunded price.

 

§4. Subject of the contract

 

1. Depending on the provisions of the contract concluded between the Parties, the Contractor undertakes to provide services to the Ordering Party on the basis of these GTC.

 

2. The Contractor is obliged to perform additional works or to perform works in a manner different from that regulated in these GTC only if the provisions of the Agreement concluded in writing between the Parties contain such instructions.

 

3. The binding specification of the Goods is specified in the Offer addressed directly to the Ordering Party, as well as in the Agreement concluded between the Parties.

 

4. The Contractor reserves the right to change the specification of the Goods, if it is required to comply with the safety rules or other requirements imposed by law. Nevertheless, the change of the specification of the Goods may not significantly affect their quality, performance and application.

 

§5. Sale of goods

 

1. In the event that the subject of the contract is the sale of Goods itself, the Contractor undertakes to sell and deliver the Goods to the Ordering Party in accordance with the order placed, and the Ordering Party undertakes to pay the agreed price in accordance with §7 and §8 and collect the Goods in accordance with §9 of these GTC, unless the contract between the Parties contains different regulations.

 

2. The sale of Goods is made on the basis of written or e-mail orders placed by the Ordering Party. The order of the Goods should contain the full specification, i.e. the quantity and name of the Goods, the price, and the date and place of receipt of the Goods.

 

3. The costs of collecting the Goods are covered by the Ordering Party, unless the terms of the Agreement concluded between the Parties provide otherwise. The Parties may agree that the Contractor will deliver the ordered Goods to the place indicated by the Ordering Party for additional remuneration, to be agreed by the Parties in the Agreement.

 

4. The Contractor undertakes to exercise due diligence in the performance of its obligations related to the Provision of services.

 

§6. Service

 

1. In the event that the subject of the contract is the Goods Service, this Service - at the discretion of the Ordering Party - consists of:

 

1.1. Carrying out the necessary repairs by the Contractor along with the replacement of the required component parts of the Goods in accordance with the order placed - in the event of the Contractor providing the Ordering Party with the defective Goods or its components, or the release by the Contractor of another, non-defective used Goods or its components - provided that the Ordering Party releases its defective The goods or its component parts.

 

1.2. In the cases referred to in the preceding point, the Ordering Party undertakes to pay the agreed price in accordance with §7 and §8 and to collect the goods in accordance with §9 of these GTC, unless the contract between the Parties contains different regulations.

 

2. In the case referred to in point 1 lit. b of this paragraph, the Ordering Party is obliged to hand over its defective Goods or parts thereof in accordance with the Contractor's recommendations and instructions, the Ordering Party will be charged the full price of other, non-defective Goods used, if:

 

2.1. The Ordering Party does not deliver its defective Goods to the Contractor within 7 days from the date of reporting the need for the Service

 

2.2. The defective Goods provided by the Ordering Party turned out to be impossible to repair, about which the Contractor will inform the Ordering Party by e-mail.

 

3. In the cases referred to in point 1 of this paragraph, the costs of collecting the Goods are covered by the Ordering Party, unless the terms of the Agreement concluded between the parties provide otherwise. In particular, the Parties may agree that the Contractor will deliver the ordered Goods to the place indicated by the Ordering Party for additional remuneration to be agreed by the Parties in the Agreement.

 

§7. Price

 

1. The prices of the Goods and Services provided by the Contractor are provided to the Ordering Party in the directly addressed Offer and are valid on the day of submitting the Offer, until the Contractor has informed in writing about their change.

 

2. Any changes to prices can only be made by agreement in writing or by e-mail and by the Contractor's approval of their size.

 

3. The Contractor reserves the right to change prices and to inform the Ordering Party in writing, each time before sale and delivery, if the price change is due to reasons beyond his control, including an increase in delivery costs, changes in exchange rates, changes in the costs of customs and taxes, materials the contractors of the Contractor who supply the Goods required for the production or prices of goods.

 

4. Unless the Parties have agreed otherwise in the Agreement, the prices include packaging costs.

 

5. The Contractor reserves the right to grant the Ordering Party percentage or amount rebates for individual Goods and Services. The Contractor decides about the discounts granted.

 

6. The prices expressed in the Offer are net prices, they do not include VAT, excise duty, any sales taxes or fees of a similar nature, which are imposed and collected by the competent tax authorities, and which the Ordering Party is obliged to transfer to the Contractor.

 

§8. Terms of payment and billing

 

1. In the event that the subject of the Agreement is only the sale of the Goods without their delivery, the Ordering Party is obliged to pay the price for the purchased Goods at the latest upon their receipt from the Contractor. The Contractor undertakes to inform the Ordering Party about the possibility of collecting the Goods and to issue a VAT invoice for the sale.

 

2. In the event that the subject of the Agreement is the sale of Goods with their delivery, the Ordering Party is obliged to pay the price for the purchased Goods to the bank account and within the time limit indicated by the Contractor in the issued VAT invoice. The parties may agree on a different form and date of payment, based on written arrangements set out in the Agreement. The payment deadline in each case is defined in days and is counted from the date of issuing the VAT invoice.

 

3. If the subject of the Agreement is the Service, the Ordering Party is obliged to pay the price for the repair of the Good to the bank account and within the time limit indicated by the Contractor in the issued VAT invoice. The parties may agree on a different form and date of payment, based on written arrangements set out in the Agreement. The payment deadline in each case is defined in days and is counted from the date of issuing the VAT invoice.

 

4. The Contractor may request from the Ordering Party a certificate confirming its solvency. During the execution of the order, the Contractor may suspend it until the Ordering Party provides the above-mentioned certificate, in particular if the Contractor has reasonable doubts as to the Ordering Party's solvency.

 

5. The Contractor may demand an advance payment from the Ordering Party, especially if it is sold together with the delivery of the Goods, up to 100% of the price of the Goods, if he has reasonable doubts as to the Ordering Party's solvency.

 

6. If the Contractor demands an advance payment, the Ordering Party is obliged to pay it within 3 working days to the account indicated by the Contractor on the basis of a pro-forma invoice.

 

7. The parties may agree on other terms of payment on the basis of a separate Agreement. Such an agreement may be concluded in writing or by e-mail.

 

8. The day of payment is considered to be the day on which the full equivalent of the price for the Service Provided is credited to the bank account indicated by the Contractor in the issued VAT invoice.

 

9. Until all fees required by the Agreement are paid by the Ordering Party, the Goods are the real property of the Contractor, regardless of who is in their possession, taking into account the provisions of §10 of these GTC.

 

10. The Contractor reserves the right to charge maximum interest in the event of delay in payment by the Ordering Party, even if he has not suffered any damage and the delay is a consequence of circumstances for which the Ordering Party is not responsible.

 

11. For important reasons, the Contractor may postpone the payment date, but it is not possible to postpone the deadline that has already expired. The decision to consent to the postponement of the payment date belongs to the Contractor.

12. If the Ordering Party using deferred payment is delayed with payment or if due to its financial situation the payment on time is in doubt, the Contractor is entitled to suspend the provision of services, despite prior confirmation of the conditions. In this case, the Contractor may withdraw from the preferential payment terms established for the Ordering Party.

 

13. If the Product is damaged or if the Ordering Party detects defects in it before the expiry of the deferred payment period, the initiation of the complaint procedure does not release it from the obligation to pay the price on time.

 

14. If the Ordering Party is in delay with payments due on the basis of more than one VAT invoice, the Contractor has the right to credit any payment made by the Ordering Party on account of any VAT invoice, first against the interest for the delay, and then against the most recently due receivables. This provision revokes the right of the debtor referred to in Art. 451 §1 of the Civil Code. At the same time, the Contractor reserves the right to compensate for other claims and obligations, in accordance with the provisions of the Civil Code.

 

15. The Ordering Party is not entitled to submit a statement on the set-off towards the Contractor.

 

16. In order to implement the provisions contained in the Agreement, the Ordering Party authorizes the Contractor to send VAT invoices by e-mail. If the Ordering Party wishes to use the paper form of invoices, a written instruction amending this point is required.

 

§9. Terms of delivery and collection

 

1. The Contractor provides services to the Ordering Party in the territory of the Republic of Poland. In the case of delivery of the Goods outside the country, the shipping costs will be individually agreed with the Ordering Party.

 

2. The delivery is carried out by the Contractor to the place indicated by the Ordering Party in the Agreement. Delivery is also understood as informing the Ordering Party about the possibility of collecting the Goods at the place and time indicated by the Contractor on the basis of the provisions contained in the Agreement. The parties each time agree whether the Ordering Party will pick up the Goods on their own or whether it will be sent by the Contractor via a courier company.

 

3. The delivery date is specified in the Agreement and is binding on the Parties. However, the Contractor reserves the right to deliver the Goods at an earlier or later date for reasons beyond his control, after properly documented notification of the Ordering Party.

 

4. The deliveries of the Goods are deemed to be made on time if the Contractor informs the Ordering Party about its readiness to deliver on the agreed date.

 

5. The delivery date is extended accordingly in the event of an obstacle preventing or significantly hindering the delivery, for which the Contractor is not responsible, e.g. due to Force Majeure.

 

6. Any changes to the delivery date for reasons beyond the control of the Parties or attributable to the Contractor or the Ordering Party should be immediately notified to the other party in order to establish another delivery date.

 

7. Changes to the delivery date on the part of the Contractor or the Ordering Party or for reasons beyond their control, should be agreed in the documentary form, if possible.

 

8. If the Parties cannot determine the next delivery date or this date is too distant in time, each of the Parties is entitled to withdraw from the Agreement while covering the costs incurred by the other Party or their reimbursement due to the failure to perform the Agreement.

 

9. If the Ordering Party fails to collect the Goods at the indicated place and time, the Contractor may hand over the Goods for storage to the appropriate place at the risk of the Ordering Party. The Orderer shall bear the costs related to the storage and possible insurance of the Goods.

 

10. The Contractor shall not be liable for the delivery of the Goods on a date other than that indicated in the Agreement concluded between the Parties. This applies to situations where the delay is caused by the Ordering Party or for reasons beyond the control of both Parties.

 

11. If the Ordering Party reserves the right to deliver to the hands of the owner of the company, a member of the Management Board or another person authorized to receive it, he is obliged to inform the Contractor about this fact during the conclusion of the Agreement.

 

12. Upon the release of the Goods by the Contractor, the benefits and burdens related to the Goods and the risk of accidental loss or damage are transferred to the Ordering Party.

 

13. If the Parties agree that the Contractor will deliver the Goods to the Ordering Party via a courier company, the Ordering Party, when collecting the Goods, is obliged to check the parcel in the presence of the courier and, if damage is noticed, to write an appropriate protocol. If the Ordering Party neglects this obligation, the Contractor shall not be liable for any damage to the Goods caused during transport.

 

§10. Reservation of proprietary rights

 

1. Until the transfer of ownership to the Ordering Party, he is the owner of the Goods, which obliges him to exercise particular care during the storage and use of the Goods. The Ordering Party is obliged to protect the Goods against possible damage, as well as to eliminate any risk related to damage to the Goods or its components.

 

2. The actual transfer of the ownership of the Goods to the Ordering Party shall pass at the time of payment of the entire price for the Goods and within the period specified by the Contractor. Until then, the Contractor remains the legal owner of the Goods.

 

3. The risk of damage or loss of the Goods passes from the Contractor to the Ordering Party at the time of:

 

3.1. Actual delivery of the Goods to the place and time agreed by the Parties in the Agreement after confirmation of receipt by the Ordering Party,

 

3.2. actual delivery of the Goods to the place and time agreed by the parties in the Agreement without confirmation of receipt by the Ordering Party,

 

3.3. placing the Goods in a substitute place due to the lack of receipt by the Ordering Party.

 

4. In the event of failure to pay by the Ordering Party within the specified period, the Contractor reserves the right to demand the return of the Goods and compensation if the Goods have been used up or damaged, in particular when the value of the Goods received is lower than the amount the Ordering Party should pay for the Goods received.

 

§11. Warranty

 

1. The goods offered by the Contractor are covered by a guarantee. The warranty is provided for 12 months, counted from the date of issuing the VAT invoice, and applies only to the efficient operation of the Goods, i.e. operation in accordance with the description and specification of the manufacturer.

 

2. During the warranty period, on the terms set out in this paragraph, in the event of a defect in the Product, the Contractor's obligations include the provision of a free repair service or, at the Contractor's discretion, replacement of the Product with another, or in the absence of an equivalent, a replacement. If the Product cannot be repaired and there is no equivalent / replacement, the Ordering Party will receive a refund of the price paid.

 

3. If the sold Goods have defects, the Ordering Party is obliged to inform the Contractor about this fact within 3 working days of discovering the defect under pain of losing any claims in this respect. For its validity, the notification should be submitted in writing, via e-mail or fax. If it is possible, the Ordering Party is obliged to deliver the advertised Goods to the Contractor at his own expense.

 

4. The contractor is obliged to consider the complaint within 21 working days.

 

5. If the complaint turns out to be groundless, the Contractor may charge the Ordering Party with the costs related to the consideration of the complaint - incl. travel costs, expert opinions and tests.

 

6. As part of the offered warranty, and if the Ordering Party's notification is justified, the Contractor undertakes to start removing the defects within 7 working days from the date of considering the complaint, using for this purpose at its own discretion and if necessary - replacement, repair or other measures. If these measures prove to be insufficient, the Contractor may also provide the Ordering Party with spare parts needed to remove the defect.

 

7. The Ordering Party bears the risk related to the use of the Goods. The Contractor is not responsible for the loss of expected benefits and costs incurred resulting from the use or inability to use the Goods under the guarantee.

 

8. The Contractor is responsible for defects resulting only from causes inherent in the Goods sold. The warranty does not cover damage caused after its sale for other reasons, in particular:

 

8.1. resulting from improper operation, assembly, reconfiguration, maintenance, storage or transport,

 

8.2. caused by random events such as fire, flood, military operations, terrorist attack, natural disaster or as a result of damage not attributable to the Contractor, including chemical and mechanical damage,

 

8.3. as a result of damage resulting from improper completion.

 

9. The warranty expires in the event of interference by third parties in the structure of the Goods, in particular in the event of breaking or damaging the security ("seals") placed on the Goods. This mainly applies to repairs of the Goods performed by entities other than the Contractor at the request of the Ordering Party.

 

§12. Responsibility for physical defects

 

1. If defects are found in the delivered Goods, the Ordering Party is obliged to inform the Contractor about this fact within 3 working days from the date of discovering the defect, under pain of losing any claims in this respect. In order to be valid, the notification should be submitted in person, in writing, via e-mail or by phone.

 

2. Filing a complaint does not entitle the Ordering Party to withhold payment for the Goods or for part thereof.

 

3. The Goods under complaint shall be sent by the Ordering Party to the Contractor's address.

 

4. The contractor is obliged to consider the complaint within 21 working days. Within this period, the Contractor will also notify the Ordering Party about the further procedure.

 

5. When submitting a complaint, the Ordering Party may request:

 

5.1. repair of the Goods,

 

5.2. replacement of the Product with a Product free from defects,

 

5.3. lowering the price.

 

6. If the complaint is considered justified, the Contractor may grant the Ordering Party's request regarding the method of removing the defect or, in justified cases, remove the defect in a different way, and if this is not possible - refund the Ordering Party the amount equal to the price of the Goods. The Contractor and the Ordering Party may also agree on a different method of carrying out the complaint procedure and obtaining appropriate compensation - in this case, after obtaining the agreed compensation, the Ordering Party shall not be able to demand further compensation.

 

7. If the complaint turns out to be unfounded, the Contractor may charge the Ordering Party with the costs related to the consideration of the complaint, including transport costs.

 

8. The ordering party should act in accordance with the intended use of the Goods, and in accordance with the instructions for its use.

 

9. The Contractor shall not be liable for defects resulting from improper use of the Goods, improper storage and operation without having adequate knowledge about the Goods, as well as their deliberate damage.

 

10. In particular, the Ordering Party is not entitled to a complaint in situations where:

 

10.1. The Ordering Party or a third party used the Goods in accordance with its technical parameters, instructions for use, properties, or construction art,

 

10.2. The defect resulted from improper assembly or commissioning of the Goods, if these activities were performed by the Ordering Party or a third party on his behalf,

 

10.3. The Ordering Party or a third party made changes to the Goods on their own.

 

11. The Contractor has the right to refrain from the Ordering Party from pursuing claims arising from the complaint, until all outstanding amounts due to the Contractor are paid by him.

 

12. The rights under the warranty for physical defects shall expire after one year from the date of delivery of the Goods to the Ordering Party.

 

13. In matters relating to the Contractor's liability for defects in the Goods sold, the provisions of the Civil Code relating to warranty for physical and legal defects shall apply accordingly, taking into account the provisions of this paragraph.

 

§13. Withdrawal from the contract

 

1. The Contractor is entitled to withdraw from the Agreement in whole or in part if:

 

1.1. The contracting authority will not make the payment within the time limit specified in §8 section 1-3 and 5 of these GTC or within the time limit specified by the Parties in the Agreement,

 

1.2. The Ordering Party has not provided him with all the necessary information necessary for the performance of the Agreement,

 

1.3. For reasons beyond the Contractor's control and relating to the manufacturer of the goods, the Contractor will not be able to perform the Contract in whole or in part, or will not be able to perform the Contract within the agreed time. In such a case, the Contractor will not be liable to the Ordering Party for any damage caused by it, lost profits (damnum emergens), and will not be obliged to pay any claims for damages to the Ordering Party.

 

2. In the event of failure by the Employer to comply with the obligations set out in § 13 section 1.a), b), the Contractor may:

 

2.1 cancel the order of the Goods,

 

2.2.suspend the delivery of the Goods,

2.3. suspend the provision of any services to the Ordering Party related to the performance of the contract,

 

2.4. claim the amounts due to him through amicable proceedings,

 

2.5. claim the amounts due to him through court proceedings.

 

§14. Limitation of Liability

 

1. The Contractor is liable for damage caused to the Ordering Party caused by non-performance or improper performance of the Contract, unless the non-performance or improper performance of the Contract is a consequence of circumstances for which the Contractor is not responsible.

 

2. The Contractor's liability for damages and thus the amount of the Ordering Party's claim may not exceed the value of the services provided.

 

3. The Contractor shall not be liable towards the Ordering Party for loss of profits or any indirect losses, damages, costs and other charges incurred by the Ordering Party in connection with the performance by the Contractor of its obligations related to the Provision of Services.

 

4. The Ordering Party indemnifies the Contractor from liability for damages, costs, expenses in connection with the loss or damage of any equipment, including third party equipment, in connection with the activities of the Ordering Party or its employees related to the delivery of the Goods by the Contractor.

 

5. The Contractor is not responsible for delays in the delivery of the Goods, losses of the Ordering Party towards third parties in connection with the delivery, in particular if it is not due to reasons attributable to the Contractor.

 

6. The Contractor's liability is excluded in the event of death or bodily injury caused by inappropriate use of the Goods by the Ordering Party.

 

7. The Contractor shall not be liable towards third parties for any illegal activities of the Ordering Party when using the ordered Goods.

 

8. The Contractor shall not be financially liable towards the Ordering Party or third parties in the event of loss of profit and deterioration of the financial condition of the Ordering Party in connection with the Agreement being implemented.

 

9. The Contractor shall not be liable towards the Ordering Party, its employees, and third parties for failure to exercise due diligence on the part of the Ordering Party when using the delivered Goods.

 

10. If the Contractor's inability to perform the performance occurred as a result of Force Majeure, the Ordering Party shall not be entitled to any claims for damages resulting from non-performance, incomplete performance or untimely performance of the Agreement. The Contractor is obliged to immediately inform the Ordering Party about the events that resulted in the full or partial inability or delay in the performance of the Agreement.

 

11. The Contractor shall not be liable towards the Ordering Party for damage caused during transport by third parties.

 

§15. Confidentiality

 

1. The Ordering Party undertakes to keep secret the detailed terms of cooperation in connection with the concluded Agreement and the Services provided by the Contractor.

 

2. The Contractor undertakes to use the information and documents obtained only to the extent necessary for the proper and correct Provision of services.

 

3. The Parties undertake to protect and disclose Confidential Information to third parties without the express written order of the other Party or its written consent.

 

4. Confidentiality is valid for the duration of the Agreement and for the period of 10 years after its termination, regardless of the methods of its termination.

 

5. The above does not apply to cases related to the resolution of any disputes between the Parties, as long as it is to protect their interests.

 

6. The parties in particular undertake to:

 

6.1. non-disclosure of Confidential Information to third parties,

 

6.2. not to use Confidential Information for purposes other than those provided for in these GTC or the Agreement concluded between the Parties,

 

6.3. not to copy or disclose Confidential Information.

 

7. Sett. 6 of this paragraph also applies to employees, subcontractors and persons in a relationship with the Ordering Party.

 

8. The Ordering Party is responsible for the confidentiality of its employees, subcontractors and any other persons remaining in a relationship with the Ordering Party.

 

9. Parties may disclose confidential information:

 

9.1. its employees and subcontractors, if it is necessary for the proper performance of the Agreement,

 

9.2. state authorities, if they express an interest in obtaining information considered confidential,

 

9.3. third parties, if such a possibility is provided for by the Agreement concluded between the Parties or these GTC.

 

10. In the event of a breach by the Ordering Party of the provisions of this paragraph, he is responsible for redressing the damage suffered by the Contractor as a result of this breach, on the terms provided for by generally applicable law.

 

§16. Personal data protection

 

1. The personal data of the Ordering Party (and its employees, if he acts through them) are processed by the Contractor only for the proper performance of the concluded Agreement, fulfillment of legal obligations and for the performance of the Contractor's legitimate interests as the Personal Data Administrator.

 

2. Detailed information on the protection of the Ordering Party's personal data can be found in the Privacy Policy document.

 

§17. Copyright

 

1. All content and logos made available on the Contractor's website are subject to legal protection resulting from personal and proprietary copyrights that belong directly to the Contractor or have been used with the consent of third parties having such rights.

 

2. It is forbidden to copy and distribute the above-mentioned content without the written consent of the Contractor or a third party having rights to them. This applies primarily to all written content, photos and other graphic materials.

 

3. The use of the above-mentioned materials without the written consent of the Contractor or a third party having rights to them is unlawful and may constitute the basis for initiating civil and criminal proceedings against the perpetrators of this practice.

 

§18. Final Provisions

 

1. The Parties undertake to exercise due diligence in the implementation of the concluded Agreements.

 

2. The Parties undertake to inform each other about each change of address, telephone and fax number, e-mail address and any data necessary for the performance of the Agreement, within 3 working days of the occurrence of such a change. In the event of failure to comply with this obligation, all correspondence - including invoices sent to the previous address, telephone number, fax or e-mail address, shall be deemed effectively delivered.

 

3. The Parties consider the information provided that is delivered to the Website by post, courier, directly with confirmation of their receipt, as well as information sent via electronic means of communication, telephone, fax, e-mail.

 

4. In matters not covered by these GTC, generally applicable law shall apply.

 

5. The provisions of these GTC that are inconsistent with the provisions of law or recognized by the courts by valid judgments as inconsistent with the provisions of law shall lose their binding force. However, the above does not exclude the application of the remaining provisions contained in the GTC.

 

6. The parties may exclude some of the provisions of the GTC under the agreements and contracts concluded in writing for a specific event.

 

7. Agreements concluded by the Contractor supplement these GTC and - unless they provide otherwise - do not exclude them from application.

 

8. These GTC are regulated and interpreted in accordance with the generally applicable law in the Republic of Poland.

 

9. Any disputes arising from the performance of contracts between the Contractor and the Ordering Party will be resolved primarily amicably. However, if the dispute is not resolved amicably, the court competent to resolve the dispute will be the court competent for the seat of the Contractor.

 

10. The Ordering Party may pursue claims against the Contractor in court only after the complaint procedure has been exhausted.

 

11. The GTC is valid from July 15, 2019.