Terms of sale

General Conditions Governing the Sale and Delivery of Products by Bamax Poland Sp. z o.o.

§1 Application

1. These terms and conditions are applicable on the sale and delivery of goods by Bamax Poland Sp. z o.o. hereinafter referred to as „Seller” and are applied to all business offers made by BAMAX Poland Sp. z oo, all orders accepted by BAMAX Poland Sp. z o.o and made by our clients hereinafter referred to as „Buyers”., and to all deliveries executed based on the order issued by a Buyer and accepted by the Seller.

§2 Sales Offer and Agreement

1.Seller is not obliged by offers made in the written form of an email or fax.
2. The sales agreement is concluded when the Seller confirms the execution of the order placed by the Buyer by email or telephone and / or executes such orders.
3. In order to conclude the sales contract Buyer submits a written request by mail or by fax. Such order must bear the company’s seal, date, name and signature of the person ordering.
4. Should the Seller change the offer or the Buyer introduce their objections or reservations voiced in the order made, the agreement shall be concluded only upon confirmation by the Seller that they accept the order with the objections or reservations made.

§3 Product Prices

1. Product prices are determined by the offers submitted to the Buyer or by Seller’s confirmations of Buyer’s orders .
2. Product prices are valid for the period of time specified in the offer, or up to a point when the Buyer receives a new offer from the Seller.
3. Prices quoted by the Seller are always net prices. One has to add the value added tax to the price using rates valid at the day the invoice is issued.
4. Prices quoted by Seller include the cost of delivery, unless parties have decided otherwise in the course of trade negotiations
5. Prices quoted in the commercial offers or order confirmations can be given in PLN or any other currency.
6. In the case of long-term delivery (time of delivery takes more than 1 month from the date of order), in the event of a significant price increase due to the economic conditions on which the Seller had no impact, and which have a significant impact on the selling price, the Seller may submit to Buyer a proposal to be agreed upon that adjusts the price of the ordered goods or services. The same privilege applies in the case when the cost of purchase paid to the Seller’s supplier increase in relation to the prices agreed to in the sales agreement.
7. In the event of unforeseen circumstances taking place that justify an increase in prices of ordered goods or services, such as duty increase, additional duty taxes or other public law charges, the Seller has the right to unilaterally increase the prices of goods to the extent takes into account the actual increase in the price level.

§4 Delivery of Goods

1. The Seller shall deliver the goods within a period set during the confirmation of order or during prior arrangements with the Buyer via email or phone.
2. Delivery times result from agreements between the parties. These dates may change for reasons beyond the control of the Seller, for which he is not liable.
3. In case of delay in delivery of the Goods that exceeds two weeks, the Buyer may set an additional later date. After the expiry of this period, the Buyer may, in writing, withdraw from the contract within two weeks.
4. Partial deliveries are allowed.
5. Buyer is obligated to pick up the goods at fixed time and place. (set by the order accepted by the Seller )
6. Acceptance of delivery shall be made by signing the Goods issued note or another document designated by the Seller.
7. Buyer is obliged to carefully inspect the goods at the time of acceptance in terms of quantity, compliance with the technical specifications laid down in the contract and for any visible defects.
8. With the delivery of the goods or with the delivery of documents of sale to the Buyer the Seller shall submit the documents relating to the quality of the goods or defining its parameters. These documents are only an information from the Seller that in accordance with the manufacturer’s declaration the goods have been made according to specific criteria. Mentioned documents, however, do not constitute a confirmation of their data.
9. In case the Buyer fails to accept the goods delivery or commits other negligence on the delivery receipt, he is required to cover any costs resulting from failure to perform his obligations.
10. The risk of accidental loss or damage to the Goods passes from the Seller to the Buyer upon receipt of the Goods.

§5 Payments

1. Term of Payment is determined on the basis of an offer made, or on the basis of confirmation of order, if during the negotiations other terms have been agreed upon.
2. The date on which money is received on Seller’s account shall be considered the date on which the payment was made.
3. In case of delay in payment, the Buyer is obliged to pay statutory interest and interest under the Act of 12 June 2003 on payment periods in commercial transactions (Journal of Laws of 2003 No. 139, item. 1,323)
4. In the event of the term of payment not being met the Seller is entitled not to execute further orders until the outstanding debt is paid with interests or the seller may require appropriate security payment. In case of refusal or failure to comply with the request prior payment or to provide security payment Seller may cancel the contract within 7 working days without compensation to the Buyer
5. The goods remain the property of BAMAX Poland sp. z o.o. until the payment is received from the buyer.

§6 Complaints

1. Buyer will act in accordance with the instructions on the methods of storage and handling of the delivered goods. Upon receipt of the goods, the buyer is obliged to check whether the product has any visible flaws.
2. All visible defects must be reported to the Seller in writing within 5 working days from the date of the goods are received.
3. In case the Buyer cannot discover defects within 5 days from the date of delivery, but hidden defects are discovered, a related complaint should be reported in writing within 30 days from the date of delivery and describe accurately the nature and subject of the complaint and have a photo of the goods attached.
4. Buyer’s right to file complaints due to defects or deficiencies will expire if the defect or damage was reported too late. Even if the Buyer makes a complaint within the prescribed time, he remains required to pay for the goods delivered under the order.
The Buyer is not allowed to suspend any of his obligations to the Seller.

§7 Force Majeure

1.Should a force majeure event occur that results in disproportionate increases in costs, including but not limited to transportation costs, the Seller reserves the right to renegotiate the final price of the goods or services provided under this agreement. For the purpose of this clause, “force majeure” includes any event beyond the reasonable control of the Seller, such as natural disasters, war, acts of terrorism, civil unrest, significant disruptions in supply chains, governmental actions, or labor strikes that materially affect the delivery and cost structure of the goods or services.
2. Upon occurrence of any such force majeure event, the Seller shall promptly notify the Buyer in writing. The parties shall then engage in good faith negotiations to adjust the price in a manner that equitably reflects the increased costs incurred. If the parties cannot reach an agreement on the adjusted price within a reasonable timeframe, the Seller may, at its discretion, terminate this agreement without further liability to the Buyer.

§8 Final Provisions

1. Buyer agrees to the processing of personal data by the Seller solely for the purpose of activities carried out by the Seller and for their own needs.
2. Delivery of the Goods under these conditions shall be governed by Polish law, the code of civil law in particular. The court having jurisdiction for all disputes arising out of the Terms, in connection with the Conditions or agreements concluded in accordance to these Conditions shall be the court having jurisdiction over the Seller’s company seat.
3. In the case of existing disputes, the parties shall seek an amicable settlement. If an amicable settlement is not possible , the court having jurisdiction to settle the dispute shall be the court competent for the seat of