Delivery and returns

1. DELIVERY AND TRANSPORT

1. The Seller delivers the indicated goods on its own, through carriers or the Buyer receives the goods directly from the Seller – as agreed individually by the Parties.

2. In the case of international transaction, the method of delivery, including the time when the risk passes to the Buyer, shall be specified in the Order Confirmation, in the electronic correspondence or in the agreement concluded between the parties, on the terms of Incoterms 2010.

3. Both in the case of deliveries within and outside Poland, each time the costs of delivery are added to the final price and specified in the Order Confirmation and invoice. The Buyer shall bear all costs related to transport, delivery and its organization.

4. In the case of domestic transactions, upon delivery of the goods to the carrier or to the Buyer, all risks related to the goods, including those resulting from Force Majeure, shall pass to the Buyer.

5. If the Buyer collects the goods with his own means of transport, the transfer to the Buyer of the benefits and burdens associated with the goods and the risk of accidental loss or damage of the goods shall occur upon the release of the goods from the Seller's warehouse.

6. Upon receipt of the goods, the Buyer is obligated to check and confirm by signing that the goods comply with the order in terms of quantity and quality in the presence of the driver. Any discrepancies shall be recorded. Upon receipt of the goods, the Buyer is obliged to check the quality, quantity, condition and weight of the goods, as well as their compliance with the transport documents, raise any objections and lodge a complaint to the carrier, and if necessary to take appropriate legal actions against the carrier within the period prescribed by the law. In addition, the Buyer shall immediately notify the Seller of any such claims and discrepancies.

7. The person collecting the goods on behalf of the Buyer is supposed to be adequately authorized to perform this activity. The Buyer is obliged each time to authorize its representative collecting the goods both to collect the goods and to raise any objections in this respect.

8. Receipt of the goods without objections shall be deemed as correct delivery by the Seller and the carrier.

9. Time limits for delivery is counted from the date of the Order Confirmation. Delivery deadlines of the ordered goods are specified in the Order Confirmation or Invoice.

10. Delivery deadline shall be deemed satisfied by the Seller if the goods left the warehouse before the expiry of the deadline agreed by the parties or the Buyer has been notified that the goods are ready for collection before the agreed delivery deadline. If the shipment or collection has been delayed for reasons attributable to the Buyer, then sending the notification that the goods are ready for dispatch or collect, made before the expiry of the deadline agreed by the parties, is considered as meeting delivery deadline.

11. The Seller shall not be liable for non-delivery of the goods on the date indicated in the Order Confirmation, if there is not as a result of gross negligence of the Seller or Force Majeure –considered as circumstances beyond the Seller's control, i.e. particularly in the case of: a strike, obstacles in transport (e.g. border stoppages, problems at airport terminals), delayed, defective or incomplete supplies of materials ordered from suppliers or contractors liable for the goods, interruptions in the supply of electricity or similar difficulties at the Seller’s or suppliers’ / contractors’ side and the like.

12. Delay in delivery no longer than 21 days shall not be considered as violation of delivery deadline entitling to withdraw from the agreement or claim for damages.

13. If the delivery deadline is exceeded by more than 60 days, both parties to the transaction have the right to withdraw from the agreement. The Buyer exercising the right of withdrawal shall have no right to claim for any damages, if the reason for the delay was one of the circumstances specified in § 3 of the GSC. If the agreement provided for the release of the goods in parts, any withdrawal from the agreement shall apply only to the delayed part of the performance, and not to the part hereof provided at a later date.

14. Regardless of the above, the Seller is not liable for contractual penalties payable to the Buyer’s contractors or for other claims raised by Buyer’s contractors against him due to the delay in delivery of the goods by the Seller.

2. RETURN OF THE GOODS

1. The Buyer is not entitled to withdraw from the contract, including the return of goods, except as provided in these GSC. The Buyer may return the purchased goods upon explicit written consent of the Seller and according to individual agreements of the Buyer and the Seller, whereby all costs and risk of returning the goods shall be borne by the Buyer.

2. In the case described above, the goods may be accepted by the Seller by way of return procedure, if the following conditions are cumulatively met:

a) the goods shall be delivered by the Buyer at the Buyer's expense and risk not later than 14 (in words: fourteen) days from the documented date of its delivery;

b) the returned goods have not been used by the Buyer or a Third Party and shall be delivered to the Seller by the Buyer in the state in which the goods were originally released / collected or delivered to the Buyer with all elements delivered to it;

c) all elements with which the goods have been delivered shall not have any signs of usage or damage;

d) the returned goods shall be accompanied by the original documents with which the goods have been delivered to the Buyer;

e) the goods or its components have not been the subject of the Buyer's special order (unusual order).

3. WARRANTIES AGAINST DEFECTS

1. The Seller grants a warranty on the goods sold, on the terms set out in detail in the Warranty Card.

2. The Seller's liability under the statutory warranty for physical and legal defects of the sold goods is completely excluded. Thus, rights and time limits arising from the statutory warranty, in particular right to withdraw from the contract and request replacement of the goods with a new one are excluded.

3. The Buyer is entitled only to claims arising from the Warranty Card.

4. Any liability of the Seller other than that expressly provided for in the Agreement, GSC and warranty card is excluded, in particular the Seller shall not be liable for any damages or losses of the Buyer caused or related to the purchased goods. Thus, the Seller is not liable for the missed benefits and profits of the Buyer related to the goods, its defect or any other service of the Seller.

5. The rules for submitting and considering claims under the warranty are set out in the "Warranty Card”, available on the Seller's website.