OWS

I. General provisions
1. These general terms and conditions of sales agreements constitute general terms and conditions of agreements within the meaning of art. 384 of the Civil Code and apply to all agreements for the sale of goods and services concluded by PPHU POLIMAT Sp. z o.o. as the Seller and constitute an integral part of the agreement.

2. The provisions of these Regulations shall not apply if the Buyer is a natural person who acquires items for purposes unrelated to their business or professional activity.

3. The terms used in the further part of these general terms and conditions of sales agreements mean:
- General Terms and Conditions - these "General terms and conditions of sales agreements carried out by PPHU POLIMAT Sp. z o.o. with its registered office in Kruszwica"; 
- Seller - PPHU POLIMAT Sp. z o.o. with its registered office in Przedbojewice;
- Buyer - the entity that is the other party to the sales agreement (the contractor PPHU POLIMAT Sp. z o.o. with its registered office in Kruszwica);
- Parties - Seller and Buyer;
- Goods - commercial goods and products manufactured and/or sold by PPHU POLIMAT Sp. z o.o. under an agreement with the contractor, or based on the contractor's order.

4. These General Terms and the confirmation of order acceptance are the complete and sole contractual regulation binding the parties in the scope of the sale of goods. The use of any other contract templates than these General Terms and Conditions is excluded, in particular general terms, contract templates and regulations used by the Buyer. Any deviation by the Seller from any provision included in these General Terms and Conditions cannot be interpreted as a waiver of the right to exercise the rights in question.
5. In special cases, the parties may conclude in writing, under pain of nullity, a mutual sales agreement with provisions different from those contained in the General Terms and Conditions. The amended provisions shall apply only to a given commercial transaction.

6. Announcements, advertisements, price lists and other information addressed to the general public or to individuals shall, in case of doubt, be considered not as an offer, but as an invitation to conclude an agreement.

7. All materials concerning the Goods are the property of the Seller. They may not be copied or distributed. All information contained in Catalogs, folders, advertising and informational letters shall not constitute an offer within the meaning of the provisions of the Civil Code. Information regarding dimensions, colours, weight, descriptions or drawings in commercial information is for informational purposes only, unless otherwise indicated.

II. Conclusion of the agreement
1. The agreement is concluded solely on the basis of an order placed by the Buyer.

2. The day of receipt of the order shall be considered to be a business day by 2:00 p.m.
3. In special cases (e.g. in the case of a very large order for one type of product), the Seller, in consultation with the Buyer, will send a delivery schedule. The Buyer is obliged to check it immediately (within a maximum of 2 business days) and confirm it in writing. In the event of any reservations or the need to introduce changes, the order will be processed upon the final confirmation by Polimat of the acceptance of the order with changes or reservations.

4. If the content of the order confirmation differs from the content of the order and the customer does not complain about this fact in writing within 1 business day, it is considered that the Buyer has accepted the confirmation.

5. The Seller is not bound by the acceptance of the order if, for reasons beyond his control, in particular due to force majeure, or the behavior of the Buyer or other third parties, the delivery and sale of products is excessively difficult or impossible.

6. If, for reasons beyond the Seller's control, the Seller is unable to perform the contract in whole or in part, he has the right to withdraw from it in whole or in part. Such right applies until the date of delivery/receipt of the goods agreed by the parties. The Seller shall not be liable for any damage caused by the Buyer and/or the Buyer's business partners or contractors. The Seller's withdrawal from the agreement cannot be the basis for any claims against the Seller.

7. The order sent to the Seller by the Buyer must contain the Buyer's data, detailed information about the ordered products, delivery address, name and surname of the person placing the order.

The above data must be provided at the time of placing the order by the Buyer

III. Order fulfillment
1. The beginning of the order fulfillment period is the acceptance of the order by Polimat. The Seller reserves the right to postpone the fulfillment period in the event of a failure, cancellation or delay of deliveries by the Seller's manufacturer or supplier or other unforeseen random events that the Seller could not overcome and which, moreover, it did not foresee and could not foresee.

2. Readiness for collection of the order

The standard delivery time is 3-5 working days. A standard order means an order for mixed products from the POLIMAT catalog for an amount of up to PLN 5,000.00 net, with the reservation, however, that the indicated deadline does not apply to products that, due to the specificity of the product production, require a longer time. The delivery date of such an order will be agreed individually with the Seller's sales department. However, Polimat reserves the right to send the goods even the next day after the Buyer places the order, if the goods are available "immediately". 3. The deadline for the completion of an order for an amount exceeding the value of the standard order will be agreed individually with the Seller's sales department. 4. Orders for products of one type exceeding 100 pieces must be preceded by a forecast submitted a month before placing the order. Such a forecast is not binding on the Buyer, but is necessary to secure raw materials. 5. In special cases, the Seller may require the Buyer to pay a deposit for the ordered goods.
6. The Buyer may cancel a standard order up to 1 day after placing the order, provided that Polimat gives its prior consent and provided that the order is not completed (sent) earlier by Polimat. In such a situation, in the event of completing the order, as well as refusing to accept it, the Buyer is obliged to bear the costs of delivery of the sent order, both ways. The customer will not be charged with shipping costs only if they are not charged by the courier company.

7. The delivery date is considered to have been met if the notification of readiness for collection was made on the agreed date, and the actual collection did not take place for reasons attributable to the Buyer. The Seller reserves the right to issue an invoice for the ordered goods with the date of readiness for collection placed at the Buyer's disposal in the Seller's warehouse.

8. In the event of incomplete completion of the order for reasons not attributable to the Seller, the Seller treats it as a differential order and undertakes to complete it as soon as possible.
9. The delivery dates indicated by the Seller are for information purposes only, and their failure by the Seller to meet them does not entitle the Buyer to pursue any claims and cover damages for delays in delivery. In the event that delays in the delivery date resulting from reasons beyond the control of the parties, e.g. force majeure, epidemic, transport delays and problems, shortages of raw materials and materials, etc. exceed 90 days from the expiry of the indicated delivery date, each party has the right to withdraw from the contract. 10. The Seller shall not be liable for force majeure. The concept of force majeure should be understood as an event that could not be foreseen while exercising the care required in commercial relations, which is external to the Seller and which he could not oppose by acting with due diligence. Force majeure events include in particular: general strike, internal conflicts in the country or abroad, blockade of border crossings, ports or other commonly used entry or exit points, export or import bans, earthquakes, floods, epidemics and other events of elementary forces of nature, problems with the supply of raw materials that the Seller could not overcome, and which, moreover, the Seller did not foresee and could not foresee.

IV. Prices
1. The price level for the goods sold is specified in the contractor's form. Unless otherwise agreed when placing the order for deliveries made by the Seller, if their value is higher than the amount of PLN 1,000 net after discount, the price includes transport to the place of delivery indicated in the contractor's form and the cost of packaging.

2. The Buyer undertakes to pay the price for the purchased goods within the time specified in the VAT invoice issued by the Seller.

3. The Parties hereby agree that VAT invoices will be issued and delivered by e-mail without each time the Buyer's signature as the recipient of the invoice. By placing an order, the Buyer hereby authorizes the Seller to issue a VAT invoice without his signature.

4. Payment is deemed to have been made when the funds are credited to the Seller's bank account.

5. The prices provided by the Seller are net prices and will be increased by the value added tax at the applicable rates.

6. In the event of a justified concern by the Seller that the Buyer will not fulfill his payment obligation, the Seller has the right to demand, before the goods are released and regardless of previous payment arrangements, payment of the entire amount due before receiving the goods, or, with the Seller's consent, an obligation to provide other guarantees or security in payment.

7. In the event that the Buyer applies for a deferred payment date, he undertakes to provide financial data to the Seller's insurance company. The credit granted in the purchase agreement 

cki (payment with deferred payment) can be withdrawn or changed at any time. This right applies to all agreements and orders, the subject of which has not yet been issued to the Buyer. In such a case, i.e. lack of order insurance, the Buyer is obliged to pay for the goods before it is issued.

In a situation where the value of the order exceeds the insurance amount - the Buyer will be obliged to overpay in the form of a prepayment the difference between the value of the insurance and the value of the order.

8. In the event of the Buyer's delay in payment, the Seller has the right to charge default interest in the amount of interest for delays in commercial transactions.

9. In the event of any delays in payments - regardless of the delivery schedule agreed with the Buyer, the Seller has the right to suspend further deliveries to the Buyer, the Buyer is not entitled to any claims against the Seller for damages resulting from the Seller's use of this right.
10. Any reservations, comments or complaints reported by the Buyer, as well as explanatory proceedings regarding the sale and services performed, do not suspend the running of the agreed payment deadline

V. Receipt of goods
1. For delivery carried out by the Seller's transport, the Buyer should check the delivered quantity of goods upon receipt and confirm the delivery on the documents issued by the Seller. All complaints regarding quantity and external damage should be reported upon receipt of the goods under penalty of rejection of the complaint.
2. In the case of delivery via a carrier, the Buyer is obliged to thoroughly check the received package, pallet and, in the event of damage, to draw up a damage report and document the damage in the form of photographic documentation on the same day.
3. In each case, the Buyer undertakes to carefully and thoroughly examine the goods upon receipt in terms of quantity and quality, compliance with the technical specifications specified in the order and for any visible defects. The attached documentation of the goods is also subject to verification. After examining the goods, the document of their issue (wz or transport document) will be signed. Signing the delivery document is tantamount to confirming the compliance of the indicated parameters with the agreement and the absence of defects that could be detected during a careful and thorough examination of the goods during receipt.

4. The minimum order for delivery at the Seller's expense is PLN 1,000 net after the Buyer's discount, with the Seller choosing the route and means of transport, as well as the transport company, unless otherwise agreed.

5. The Parties agree that the cost of loading the goods onto the means of transport is the responsibility of the Seller, and the cost of unloading is the responsibility of the Buyer, regardless of who bears the cost of transport.

6. The ordered goods must be collected within 3 business days from the date of collection set by Polimat. If the Seller sets a different date of collection/delivery, this period is counted from that date.

7. Polimat reserves the right to charge the Buyer for the costs of storing goods placed at the Buyer's disposal but not collected within the agreed time. The process of storing such goods may be transferred outside (to a third party) at the Buyer's expense and risk.

8. The Buyer is responsible for unloading. The Seller is not liable for damages incurred during unloading.

9. Purchased products are not subject to return. In exceptional situations, with the prior written consent of the Seller and the conditions presented by him, the Buyer may return the purchased full-value Goods at his own expense, bearing the costs associated with checking and repacking the product in the amount of 5-20% of the value of the returned Goods. The condition for accepting the returned goods by the Seller is confirmation by the Seller's warehouse employee that the goods are full-value.
Only products purchased directly from the Seller no later than 1 year ago from the production date placed on the production label, confirmed by a sales document sent at the time of reporting the desire to return, are subject to return.
a) In the case of forwarding shipments or delivered by the Buyer's transport, the Seller reserves the right to refuse to accept the returned goods if the Seller's warehouse employee finds mechanical damage to the product, as well as to check the compliance of the return with the arrangements, mechanical, quantitative defects, etc. within 7 working days from the date of receipt of the shipment, and after the expiry of this period, the Seller will decide to accept the return and issue a correction or dispose of the product at the Buyer's expense. Alternatively, to return the goods at the Buyer's expense. b) In the case of collection of the goods by the Customer's own transport, the Seller also reserves the right to check the goods at the Seller's headquarters within 7 working days from its receipt and after the expiry of this period, the Seller will decide to accept the return and issue a correction or dispose of the product at the Buyer's expense, possibly 

ie to return the goods at the Buyer's expense.

c) by issuing the goods, the Buyer accepts the presented conditions regarding a given return.

10. The risk of loss or damage to the goods passes from the Seller to the Buyer at the moment of issuing the goods to the forwarder or carrier from the Seller's plant or warehouse, and the Seller is not liable for any losses or shortages in the goods themselves or their packaging that occur after that moment. In the event that delivery is made by Polimat's own transport, liability passes to the buyer at the moment of unloading the goods at the delivery address.

11. The Buyer is obliged to return the pallets on which the Goods were delivered to the Seller. Otherwise, the Seller reserves the right to invoice the delivered pallets.

VI. Quality
1. Requirements regarding technical and quality parameters, approvals and certificates should be specified by the Buyer in the order. Unless quality requirements for a product or service are specified in the order/agreement, it is assumed that the products and tolerances are to be in accordance with the relevant standard and properties of the material from which they are made. The Seller declares that it has the right to make technological changes to the products offered, and also does not provide detailed information about the technological process of the manufactured product.

The Seller declares that in the case of products assembled non-standardly, e.g. in niches, the Buyer is obliged to ask about the actual dimensions. Taking into account the use of nominal dimensions in trade.

2. All technical information contained in advertising materials, in brochures, on the website is for informational purposes only and cannot be the basis for claims against the seller in the event of discrepancies with the actual state.

VII. Defects of the sold item
1. If the buyer does not submit written reservations within one day of receipt of the goods, the goods are deemed to have been accepted by the buyer. After the specified period, liability for defects that can be detected during normal, proper inspection is excluded. The Seller will not take into account any reports regarding defects, shortages or non-conformity of the goods, if they could be detected as a result of normal inspection and such inspection was not carried out.

In accordance with art. 558 of the Civil Code, the Seller declares that it excludes all liability under warranty, and the Buyer agrees to the above by making purchases under these conditions.

2. Notification of a defect in the goods must be submitted in writing to be valid, and the Buyer undertakes to make the defective goods available for inspection by the Seller at any request. The complained goods should be available at the Buyer's disposal at the Seller's in a form that allows for its examination until the Seller sends written information regarding the closure of the complaint procedure. A necessary condition for considering the complaint is also ensuring the unambiguous identification of the product, as well as a detailed description of the defect/shortage and submitting evidence to support the occurrence of the defect/shortage. In his complaint, the Buyer is obliged, under penalty of rejection and disregard of the complaint, to provide all parameters of the goods, circumstances of purchase, transport, storage, and at each request of the Seller, also other documents, photos, information necessary to consider the complaint. Refusal to provide additional explanations, supplement the necessary documents will be tantamount to rejection of the complaint by the Seller. Polimat reserves the right to verify the reported defects only on the basis of the received photographic documentation, without conducting an inspection in this respect, in the event that on this basis it is able to assess the defect (this is a unilateral right of Polimat). 3. All warranty conditions are specified in the Seller's warranty card. 4. Consideration of the complaint will take place in writing, under penalty of nullity, after the Seller has inspected the complained batch of goods, or after conducting an expert opinion. In the event of acceptance of the complaint, the Seller undertakes, at its unilateral discretion, to remove the defect, replace the defective goods with defect-free goods or return an amount equal to the value of the Goods within the time agreed by the parties. If the exchange of goods is impossible or involves the necessity of incurring additional expenses by the Seller, the Seller has the right to refuse the exchange of goods and return the appropriate part of the price to the Buyer.
5. The Seller is released from liability under the guarantee and for improper performance of the contract in the event that the defects of the goods are caused by improper storage or internal transport at the Buyer's or its business partner's, as well as assembly or use not in accordance with the instructions attached by the Seller to the Goods.
6. The Seller's liability under the guarantee is excluded if the Buyer has repaired the goods without the Seller's written consent, as well as before the inspection and consideration of the complaint

tion sold, processed part or all of the purchased goods himself or through his business partner, having knowledge of their deficiencies, damages or incorrect parameters.

7. The Seller shall not be liable to the Buyer for the sale of goods marked as "second quality", "from display" or with other similar entries, even in the event of providing technical documentation related to them. The Seller's liability under the guarantee and warranty is also excluded in this case.

8. Initiating a complaint procedure does not release the Buyer from the obligation to pay the price for the goods delivered.

9. The Seller is obliged to deliver the goods in accordance with the Buyer's order and is not responsible for their further use. Any use, processing and modification of the Goods by the Buyer shall occur exclusively at his own risk.

10. The Buyer is obliged to familiarize himself with the technical, quality parameters and properties of the purchased goods, as well as the principles of their storage, preservation and cleaning. The Seller shall not be liable for defects in goods treated contrary to the recommendations regarding the purchased products.

11. The Seller shall not be liable for any damages or losses incurred by the Buyer directly, indirectly or through third parties. The Seller shall only be liable as set out in these General Terms and Conditions, provided that they are proven by the Buyer and resulting from the Seller's gross negligence or intentional action. In any case, the amount of claims and compensation claimed may not exceed 100% of the value of the defective or damaged goods. In no event shall the Seller be liable for the Buyer's lost profits.

This provision shall not prejudice other provisions of these General Terms and Conditions completely excluding the Seller's liability.

VIII. Security
1. The Seller has the right to make the performance of the contract conditional on the Buyer providing security for the Seller's current or future receivables in a form accepted by the Seller, for example in the form of a bank guarantee.
2. The Seller has the right to make the performance of the contract dependent on the allocation of a trade credit insurance limit for the Buyer in the company insuring their receivables.

3. The provision of security should take place before the date of the first sale of the goods to the Buyer. If the Buyer does not provide security within this period, the Seller has the right to refrain from issuing the goods, and thus from fulfilling the order.

4. In the event of the Buyer's delay in paying all or part of the price, the Seller may demand payment of statutory interest for delay in commercial transactions.

5. The Seller reserves that the ownership of the goods sold shall pass to the Buyer only upon payment of the full price to the Seller. In the event of a combination, mixing or processing of the goods, the parties become co-owners of the whole. The application of the provision of Article 193 § 2 of the Civil Code is excluded.
6. Compensation for damages caused to the Buyer in connection with the non-performance or improper performance of the contract is limited in each case to the amount of the net price of the goods covered by the contract, and the Seller may only be liable for foreseeable and typical damages to the Buyer.
7. Due to the fact that all of the Seller's receivables are subject to insurance, the Seller has the right to withdraw from all or part of the contract with immediate effect in the event that the insurer withdraws insurance coverage for the Seller's receivables towards the Buyer. In order to avoid termination of the contract, the Buyer may provide the Seller with additional security, the acceptance or rejection of which is at the Seller's sole discretion.
8. In the event of the Buyer's delay in payment under any sales contract between the parties or when the execution of payments by credit institutions, banks or other institutions executing payments has been rejected due to lack of coverage, the Seller has the right to refrain from the execution of all concluded contracts (including the release of goods) until the Buyer has paid all due amounts. The Seller shall not be liable for any damage resulting from these reasons.

9. If the delay in any payment to the seller exceeds 30 days, the Seller may withdraw from the sales agreement without setting an additional deadline. The Seller's withdrawal from the agreement cannot be the basis for any claims against the Seller.

10. If the Buyer has become insolvent, the Seller may demand payment regardless of the established deadline.

11. If the Buyer delays payment for the goods by more than 30 days, the Seller may charge him with the costs of collecting the debts undertaken to obtain payment for the delivered goods.

XI. Other provisions
1. The Buyer's receivables against the Seller may not be the subject of any legal actions without the written consent of the Seller.

2. Individual titles

The general points of these General Terms and Conditions have been introduced only to facilitate the use of the text and have no legal significance, and therefore the text of the General Terms and Conditions cannot be interpreted on their basis.

3. If individual provisions of these General Terms and Conditions prove to be invalid or ineffective, this will not affect the validity and effectiveness of the remaining provisions. In such a case, the parties undertake to adopt such provisions that will effectively reflect the previous provisions.

4. By concluding the contract, the Buyer accepts the General Terms and Conditions of Sales Agreements and consents to the processing of his personal data in connection with the performance of the contract in accordance with the Personal Data Protection Act of 29.08.1997 (Journal of Laws of 2002, No. 101, item 926, as amended), and in particular has the right to inspect his own personal data.

5. In matters not regulated by the general terms and conditions, the provisions of the Civil Code shall apply.
6. The court with jurisdiction to resolve any disputes will be the court with jurisdiction over the Seller's registered office.

7. Legal relations with the Buyer are governed exclusively by Polish law.