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Kronospan HPL  Sp. z o.o.
ul. Wojska Polskiego 3
PL 39-300 Mielec

tel. +48 14 67 09 500
fax +48 14 67 09 555
e-mail:

Production plant:
Kronospan HPL Sp. z o.o.
Pustków-Osiedle 59E
PL 39-206 Pustków 3

 

Laminates with digital print

We have extended the set of our propositions for a laminate with digital print.

print General Sale and Delivery Conditions

 

GENERAL SALE AND DELIVERY CONDITIONS
 
§ 1
Scope of the conditions
  1. The following General Conditions (hereinafter called “Conditions”) shall apply to the sale and delivery of Goods (hereinafter “Goods”) by Kronospan HPL Sp. z o.o. with its registered office in Mielec (hereinafter “Seller”) performed on the basis of Order Confirmation issued by the Seller (hereinafter “Confirmation”), unless the Parties have agreed otherwise in writing.
  2. The Buyer and the Seller have agreed that the Conditions shall apply to all sales and deliveries of Goods with the exclusion of any general purchase conditions presented by the Buyer.
 
§ 2
Price and Terms of Payment
  1. Net prices (excluding VAT) for Goods purchased by the Buyer are agreed on an EX WORKS basis. However, the Buyer and the Seller shall agree new prices in cases of long-term deliveries (exceeding one month), a significant increase in price of raw materials, increase in wages and salaries, and any other changes in the economic conditions having a significant bearing on price levels. In case of price changes, from submitting the order by the Buyer to the Goods delivery, prices valid at the date of delivery are binding, unless the Parties have agreed otherwise.
  2. The price is established on the basis of current exchange rate of PLN/EUR as per date of the invoice. Each increase of the exchange rate from the set date of payment to the date of actual payment (the date when the sum of payments is entered into Seller’s bank account) shall burden the Buyer, and will be treated as a price rise, which will be settled by an adjustment invoice.
  3. The payments shall be made within 30 days from the date of invoice by the Seller, unless Confirmation states otherwise.
  4. In the case of overdue payments, the Seller may withhold the delivery of Goods until such overdue payment has been settled (including any incurred interests or costs) or request appropriate payment security. The Seller may terminate the agreement after 7 working days without any compensation to the Buyer if the latter refuses of pay or give appropriate payment security.
  5. The payment shall be deemed effective as per the date the amount is entered into the Seller’s Bank account.
  6. In the case of delays in payments for Goods delivered, the Buyer shall be obliged to pay statutory interest under the Act dated June 12, 2003 on the payment term in commercial transactions (Dz.U. of 2003 year, No 139, poz. 1323). Moreover under such circumstances the Buyer shall no longer be privileged to any discounts, rebates, concessions, etc., which have been granted previously. All Buyer’s obligations shall be immediately due and payable, and the Seller shall be entitled to change the conditions of delivery relating to costs of transportation.
  7. The Seller shall have the right to use payments made the Buyer to cover, first of all, outstanding obligations of the latter; and if there are several outstanding obligations, the 'oldest' shall be covered first. If there are any additional costs or interest incurred as a result of a delay, these shall be covered by payments made by the Buyer.
  8. If, at any time after a sale of Goods, there are any substantive doubts concerning the Buyer's ability to pay or his credit rating, or when such fact which has taken place at the time of concluding the agreement is disclosed at a later time, the Seller may, at his discretion, withhold deliveries until all overdue payments including accrued interest and costs are satisfied, and may request appropriate payment security and all the Buyer's obligations shall be immediately due and payable. If the Buyer refuses or fails to pay or submit appropriate payment security, the Seller may terminate the agreement after 7 working days without any compensation to the Buyer.
  9. The price previously agreed between the Buyer and the Seller do not apply when the Buyer submits one-time orders on Goods for which that quantity exceeds the standard quantity that the Buyer has ordered so far.
 
 
§ 3
Ownership Provisions
  1. The Buyer does not become the owner of the Goods delivered until the amount of the selling price and incurred costs and interests, if any, have been paid in full.
  2. Goods which are taken in delivery by the Buyer and to which the Seller has a right of ownership shall be visibly marked by the Buyer as such (with tags, stickers, notices, etc.) as well as appropriate notification of the fact should be made in the commercial books of the Buyer.
  3. The Buyer shall not have the right to encumber or put up the delivered Goods as collateral. Otherwise, any costs resulting from such unlawful use shall be borne by the Buyer.
  4. The Seller shall have the right to improve, without any compensation, Goods being in possession of the Buyer and to which the Seller may have a right of ownership.
  5. The Buyer authorizes the Seller to repossess, at the cost of the former, the Goods to which the Seller may have the right of ownership if they fail to pay in due time or when, after a sale, there are reasonable doubts concerning the Buyer’s ability to, their credit ratings or when such above facts which have taken place at the time of concluding the agreement are disclosed at a later time.
  6. The Buyer authorizes the Seller to carry out inspections on implementation of provisions relating to ownership restrictions.
 
§ 4
Delivery
  1. The Goods shall be taken over by the Buyer on the date as specified in the Confirmation. In the event of delays in taking over the Goods by the Buyer, any incurred storage costs shall be borne by the Buyer.
  2. Any risk of incidental loss or damage of Goods is transferred from the Seller onto the Buyer at the moment of taking over of the delivery.
  3. In case of delivery delay exceeding two weeks, the Buyer may specify another later date. If the delivery is not performed within the extended period of time, the Buyer may terminate in writing the agreement within two weeks.
  4. Partial deliveries are acceptable.
  5. In the case of ‘call off orders’, the Buyer is obligated to take over the Goods no later than 28 days from the date of production, otherwise, the Goods shall be delivered automatically at the Buyers expense. If the Buyer refuses to take such delivered Goods, the incurred costs of storage shall be borne by them.
 
§ 5
Warranty
  1. Liability if the Seller relating to warranty for defects of the Goods shall only cover the Goods regarded by the Seller as I (first) class Goods and shall be limited to (I) exchange of defective Goods for goods free of defects, or (II) price reduction – whichever is chosen by the Seller. Other claims of the Buyer concerning defects of Goods shall be excluded.
  2. Subject to provisions of the Buyer’s statutory rights under applicable national laws in force, the Seller’s liability under warranty shall be precluded: (I) if less than 4% of Goods of a single delivery are found to be defective, or (II) if the delivered Goods have been charged, processed in any way or stored in harmful conditions, or (III) if the Buyer has not checked the usefulness of the Goods for the specific purpose or application (even after the tests have been made on samples), or (IV) if, in reference to Goods sent out beyond the territory of the Republic of Poland, the Seller has not been informed in writing of the application in the court of destination and the worthiness of Goods for the specific purpose has not been affirmed in writing by the Seller, (V) if applicable Goods sold on sale.
  3. Subject to provisions of the Buyer’s statutory rights under applicable national laws in force, all Buyer’s claims concerning the quality and quantity shall not be accepted unless the Buyer notifies the Seller of a noticed defect or a quantitative discrepancy within 24 hours from the date of delivery. Such notification shall be sent promptly by cable or fax and then confirmed in writing. In case of quantitative discrepancies and damages in transportation, the Seller must be informed of such facts both by the Buyer and the carrier. As for quantitative defects, the Buyer and his quality control service shall verify the defects. The claim shall be accepted for consideration if the Buyer saves and retains the tested samples and unprocessed Goods for the Seller to inspect and give judgment.
  4. The warranties shall not reimburse or cover the damage after any processing of Goods.
 
§ 6
General Limitation of Liability
  1. The Seller shall not be held liable for any failure of perform their obligations as result of force majeure. The parties have agreed that “force majeure” shall specifically include: (I) any circumstances under which the Seller’s performance is impossible, problematic or unreasonably costly to such an extant that the Seller may not be required to perform the agreement, (II) industrial disputes, (III) non-availability of raw-materials, products or services indispensable for performance of order from the Buyer, (IV) wars, (V) natural disasters, (VI) and the like incidents and circumstances.
  2. Subject to the provisions of Buyer’s statutory rights under applicable national laws in force, the parties exclude any other Seller’s liability for damages with the exception of damages caused by Seller’s international fault or gross negligence.
 
§ 7
Final Provisions
  1. The Buyer shall not use trade names and trademarks of the Seller without Seller’s prior consent in writing.
  2. The Buyer hereby agrees to hold and process his data by the Seller only for the purpose of business and his own use and needs.
  3. To avoid doubts and ambiguity, it has been agreed that all notices between the parties must be in writing otherwise being void and null.
  4. Deliveries of Goods performed under the Conditions and the Confirmation shall be governed by and construed in accordance with the substantive laws of Poland and the Polish Civil Code in particular. The Civil Court in Poznań shall have jurisdiction and competence to deal with the disputes arising out of or relating the performance of the Conditions or any agreements concluded in reference to the Conditions.
  5. Any alternations, adjustments and amendments to orders, Confirmations and Conditions shall be void and null unless made in writing and signed by the parties.
  6. The Conditions come into force on 18 of August 2011.

Kronospan Group:       www.kronospan.pl       www.mielec.kronospan.pl       www.kronospan-hpl.pl

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