General terms and conditions of sale at AGROWIEC Remigiusz Weżgowiec.

General provisions

1. These General Terms and Conditions of Sale (hereinafter referred to as GTCS) determine the rules for concluding contracts of sale of goods, which the Seller is: AGROWIEC Remigiusz Weżgowiec.
2. GTCS are an integral part of any sales contract concluded by AGROWIEC Remigiusz Weżgowiec offered to the Purchaser.
3. GTCS are available to the Buyer before the conclusion of the contract in writing at the office of AGROWIEC Remigiusz Weżgowiec or on company main website agrowiec.eu/ogolne-warunki-sprzedazy.
4. These GTS are a contractual arrangement binding the parties to the sale of goods. The parties exclude the use of other contractual templates (general terms and conditions of contract, terms and conditions of sale, sample contract, regulations, etc.) used or established by the Buyer.
5. Resolutions contained in these GTS may be amended only in writing under pain of invalidity. Conclusion of a separate sales contract excludes application of these GTS only in the scope regulated in it in a different manner.
6. Different arrangements between the parties agreed and confirmed in writing have priority over regulations of these GTS.

Nomenclature

The terms used in these General Terms and Conditions of Sale shall mean:

1. Seller AGROWIEC Remigiusz Weżgowiec, Starczówek 88a, 57-220 Ziębice, NIP 887-176-10-48.
2. Buyer – a legal person, an organizational unit without legal personality, a natural person conducting business, a natural person not conducting business.
3. Payment date – the day on which the amount due for the goods becomes required.
4. Goods – movables, services, goods to be sold under a contract of sale, between the Seller and the Buyer.
5. Order – an offer to purchase products made by the Buyer in writing, delivered in person, by letter, courier or e-mail, including at least: the name of the ordered product, quantity, the Buyer’s data, necessary for issuing a VAT invoice and data about the company, contact details, method, date and place of collection of the ordered products.
6. Confirmation – the Seller’s written statement of acceptance of the order, made to the Buyer upon receipt.

Conclusion of contract

1. Information provided on the Seller’s website, catalogs, brochures, leaflets, advertisements and other publications – do not constitute an offer within the meaning of the Civil Code, even if accompanied by a price.
2. Buyer’s order should contain the following data:

• Buyer’s name, first and last name of the Buyer who is a natural person – along with an indication of the exact address,
• Tax identification number or equivalent,
• Indication of the offer number if applicable,
• Identification of the indicated goods by trade name,
• Quantity of the ordered goods,
• Date, place and terms of delivery/collection of the goods.

3. The condition for the effective conclusion of a contract of sale is the placement of an order by the Buyer and written confirmation of the order by the Seller (in the form of e-mail, by letter). Written order confirmation means that the Seller has received the order and accepted it for execution. Placing an order by the Buyer does not bind the Seller, and the absence of his response does not mean tacit acceptance of the order. By placing an order, the Buyer agrees to the validity of these GTS in relations between the Seller and the Buyer.
4. The Seller may withhold the execution of the sale in case of doubts concerning the authenticity of the data contained in the documents referred to in §3 item 2 of GTS.
5. If the Seller’s inability to perform occurred due to force majeure, the Buyer shall not be entitled to any claim for non-performance or untimely performance of the contract. Events referred to as force majeure include, in particular: natural disasters, fire, strike, embargo, suspension of foreign exchange transfer, energy restrictions, loss of electronic communication, war, etc..
6. The Buyer has the right to cancel the order. Cancellation of the order shall be made in writing or by e-mail. Cancellation of the order will be effective, provided that the Seller has not already incurred costs associated with the implementation of the order – in which case the cancellation is treated as a return of goods.

Prices

1. In case of discrepancies between the Seller and the Buyer concerning the price of the goods, the price of the goods shall be the price resulting from the order confirmation.
2. The prices quoted by the Seller are always netto prices to which tax will be added at the rates in effect on the date of the invoice. When gross prices are presented by the Seller, there will be an appropriate notice next to the price. In the absence of any agreement to the contrary, the EXW shipping rules apply. (INCOTERMS 2020) and the Seller’s standard packaging.

Payment

1. The Buyer shall pay the amount due for the sale of goods by the date indicated on the invoice.
2. The date of payment shall be the date on which the payment is credited to the Seller’s bank account specified on the invoice, or the date of payment in cash.
3. In the event of non-payment by the Buyer within the prescribed period, the Seller shall be entitled to charge statutory interest for each day of delay, as well as to demand prepayment for goods from subsequent orders already accepted for execution.
4. Failure to pay the amount due within the period specified on the invoice entitles the Seller to discontinue the delivery of goods and stop the execution of orders already accepted. The Seller may make the execution of a new order placed by a Buyer who is in arrears with payments or pays invoices late subject to an advance payment on account of the Buyer’s new order.
5. Filing a complaint does not relieve the Buyer from the obligation to make payment for the goods within the agreed time limit.

Liability, time limit for completion, delivery of goods

1. Seller shall not be liable for any loss, damage or costs (direct or indirect) resulting from Buyer’s claims for delivery errors or delays.
2. Delivery dates resulting from agreements between the parties, are subject to change in case of events for which the Seller is not responsible.
3. If the Buyer does not accept the goods despite placing an order, the Seller has the right to charge the Buyer for transportation and other costs incurred in connection with the Buyer’s failure to accept the goods.
4. The Buyer is obliged to check the compliance of the delivered goods with the order immediately after receiving the goods. He is obliged to check in particular: the condition of the shipment, the quality, quantity and assortment of the delivered goods, and immediately notify the carrier and the Seller of his reservations in this regard, preparing a non-compliance report. The Seller reserves the right to inspect the reported complaint at the place of delivery.
5. The Buyer is obliged to use the purchased goods in accordance with the technical conditions of their use.

Guarantees, complaints, returns

1. The Seller reserves the right of ownership of the sold goods, which means that the Seller is the owner of the goods until full payment for the received goods and other amounts due under the contract of sale regardless of the place of storage or installation in other objects.
2. The Buyer shall bear the risk of accidental loss of or damage to the goods in the period between their release to the Buyer and the ownership transfer of the goods to the Buyer .
3. The Seller and the Buyer exclude warranty liability in relations arising from the sale of goods to the Buyer. This exclusion does not apply if the Buyer is a consumer.
4. The Seller provides a warranty under the terms of the manufacturer – 500 hours of operation or 12 months, whichever comes first (the warranty comes into effect on the date of delivery). Some parts may be warranted by their respective manufacturers and our warranty is limited to sending the equipment to the respective manufacturer. The Seller may establish individual warranty terms for transactions to be agreed upon at the time of sale. The warranty covers the delivery or repair of the part if it shows signs of a manufacturing defect. The final decision in this regard is made by the Seller.
5. Replaced parts become the property of the Seller, who reserves the right to carry out tests on its own to determine to what extent the part has defects in materials and workmanship.
6. In the event of valid warranty claims, the cost of repairing the part shall be borne by the manufacturer. However, it is a condition that repairs are carried out by official service personnel. The warranty period after replacement or repair of parts is not extended. The Seller has the right to determine the time, scope and place of fulfilment of warranty obligations.
7. The warranty terms do not cover costs incurred as a result of the defect, such as loss of income, towing or salvage costs, etc.
8. The Seller, in the event of a defect in the goods, shall be obliged to remove the physical defect in the goods or deliver goods free of defects, provided that the defects become apparent within the period referred to in §7 item 4.
9. The Buyer is obliged to report the existence of the defect in writing or to the following e-mail address: biuro@agrowiec.eu within 24 hours from the day the defect became apparent.
10. The warranty is excluded in the case of unprofessional repairs, actions contrary to the recommendations in the manual, improper conditions of use, poor maintenance, improperly performed service, modifications to the machine or its parts made by the owner, use of non-original spare parts or incorrect lubricants.
11. The Seller allows the return of goods within 14 days of receiving the order. Returned parts must not be used. Parts subject to return and their packaging cannot be damaged. If the return concerns goods that were imported from another supplier at the Buyer’s individual request and, as a result, the Seller incurred costs The Buyer will be charged 30% of the value of the returned parts as operating costs, related to the implementation of the goods return procedure. After positively considering the Buyer’s request to accept the return of goods, the Seller will issue a VAT invoice for the operational costs related to the implementation of the goods return procedure.
12. The following goods are not subject to return: filters, lubricants, oils, electrical components, gaskets, other rubber parts and parts with a broken seal or in damaged packaging.
13. The cost of delivery of returned goods to the place indicated to the Buyer by the Seller shall be paid by the Buyer. The Seller may, at the request of the Buyer, arrange shipment of goods, which will be a service provided for a fee.
14. The decision to accept the return of goods is a discretionary decision of the Seller, for which the Buyer cannot make any claims.
15. Return documents should be sent electronically to biuro@agrowiec.eu.
16. Seller shall not be liable for any direct or indirect losses resulting from equipment failure or downtime.

Data processing

1. By accepting these General Terms and Conditions, the Buyer consents to the processing of his personal data by the Seller and entities acting on his behalf in Poland and abroad, in connection with the implementation of contracts for the sale of goods offered by the Seller.

Exclusions

1. The Buyer may not, without the consent of the Seller, transfer knowledge and information obtained as a result of business contacts with the Seller to third parties in matters covered by trade secrets.

Final provisions

1. The governing law for GTS is Polish law.
2. The text of the contract and GTS in Polish are the original version.
3. In matters not regulated in these GTS, the provisions of the Civil Code shall apply.
4. Annulment of individual provisions does not affect the validity of the remaining provisions of GTS.
5. The parties will strive to amicably resolve any disputes arising from the performance of contracts covered by these terms and conditions. If the matter cannot be resolved amicably, the court competent for the Seller’s registered office will be competent to resolve the dispute.
6. Amendments or additions to the above warranty provisions are not permitted, and the Seller shall not be bound by such amendments or additions, and no obligations arise therefrom.