General terms & conditions for sale of WOST S.A. goods, issued on March 3rd 2016.
I. GENERAL TERMS
- The present general conditions for sale of Commodities (hereafter: OWS) follows the contract and orders (hereafter: Contract), sales of goods by WOST S.A. (hereafter: Alienor) unless the content of the Contract says otherwise.
- The documentation, catalogues and the price evalution is sent only for informational purposes only, and the Alienor’s offers are not legally-valid without a written or online (e-mail) order confirmation. In case of lack of other provisions or their amandments, whether concerning the changes made the customer in the contract or any other documentation, are not binding for the Alienor, unless the Alienor clearly accepts it in writing.
- Used by hereafter OWS stand for:
„Commodity”- goods sold by WOST S.A.
„Buyer”- legal person or corporate entity, who acquires Commodity of WOST S.A.
„Salesman”- WOST S.A.
„Contract”- the order of the Buyer
„OWS” general selling conditions of WOST S.A.
II. TERMS OF CONTRACT
- If the Buyer represents third- paty beneficiary (employer) it indicates that the Buyer entitles this person on his behalf and in his favour declaration of will, including the changes of Contract content.
- Under pain of invalidity the change of Contract content might have a written or electronic form – e-mail.
- In the events, caused independently of the Alienor and concerning the the producer of the feedstock himself, should the Alienor be able to process the contract neither in full nor partly, it’s his prerogative to apostatise the law. The Alienor is not responsible for presumptive arisen damages.
- Decisions of OWS form the entire part of the Contract.
III. PROPERTY RIGHTS
- The Alienor conditions that the property right of sold product is handed over to the Buyer at the first time of receiving the the total payment for the Commodity in favour of the Salesman.
- The chance of losing or damaging the product is passed from the Salesman to the Buyer in the moment of delivering the product to the Buyer, as well as in the case of confiding the product to the hauler, regardless who bears the costs of transport.
IV. TERMS OF DELIVERY AND COLLECTIONS
- Should the content of the contract point out the name or the address of the third- party beneficiary, the Buyer entitles desirable party to collection of the Commodity on his behalf and on his own risk.
- Terms of Commodity delivery state everytime particular Contract terms- especially pointing out the conditons acc.to Incoterms 2010, subject to point III, OWS.
- The Salesperson reserves the right to deliver the Commodities batchwise or fully before the stated delivery deadline. Incomplete delivery of purchased Commodities within the appointed deadline cannot be the base of refusal their latter pick-up by the Buyer.
- The Buyer is obliged to carefull inspection of product in the moment of its pick-up in terms of quantity, consistency with technical specification as well as in terms of presumptive , visible flaws. Having had the goods checked, the document of release will be singed. Signing the document of release is an equivalent of ascertaining compliance of mentioned parametres with the contract and with the lack of flaws as well, which could be detected while meticulous Commodity examining.
- The parties settle that the Alienor is charged with the costs of loading, and the Buyer bears the costs of unloading.
- The Commodity weight measurement acc.to weight indication is used for settling the agreement execuction and its reckoning in the moment of taking the Commodity over by the hauler. Tolerance of draft (+/-10%) in proprtion to the Contract is acceptable.
- If the Buyer does not pick up the Commodities within the settled deadline, then the Alienor is authorized to make a move, which is:
a) consignation of goods at the Buyer’s expense, b) VAT invoicing of the carrying cost of investory at the Buyer’s expense, c) contractual fine which will be increased by the amount equivalent to 0,2% of the value of the Contract for every day of pick-up delay.
V. PRICE AND PAYMENT
- The price of the sold Commodity will be determined each time in the offer and confirmed in writing.
- the Buyer is bound to make a payment acc.to the settled gross price in the currency, in which the the price of the products is specified in an invoice.
- The Buyer is bound to make a payment within the period settled in the invoice. The Payment is considered to be made in the moment of money transfering to the Alienor’s bank account.
- the Buyer is disqualified from charging resulted from deals made by any other parties.
- The Alienor provides the Buyer with a warranty on the grounds of hereafter OWS only.
- The Alienor provides a warranty that the Commodities are made form materials from a quality consistent with the Contract as well as the Certificate of Quality in compliance with the requirements of PN-EN 10204. Should the nomenclature of the Commodities be described in the Contract as a sample portion, the responsibility for presumable flaws is not considered.
- The Sale person is responsible for the flaws over the span of 3 months starting from the moment of delivering the Commodities to the Buyer.
- The Buyer is bound to inform the Alienor about detected flaw in writing up to 12 hours startng from the moment of flaw declaring.
VII. ”FORCE MAJEURE”
- The Alienor is not responsible either for unfulfilled or improper Contract performing fully or partly, if ”force majeure” occurs.
- ” Force majeure” is as unanticipated event, the occurence of which could not be foreseen by the Alienor and which interrupted or precluded the performing of a Contract. Factors contributing to ”force majeure” are: war, earthquake, flood, conflagration, walkout, embargo, device malfunction, lack of feedstock on the market, legal regulation, delay in transport.
- 3. The Alienor is bound to inform the Buyer about ”force majeure” occurance in writing within 3 days starting from the moment of accident declaring. At that time, both of the parties can contract out.
VIII. INAL PROVISIONS
- The Buyer cannot transfer appurtencances in the respect of implementation of the Contract without the prior, written constent of the Alienor.
- Polsih Law is applied to all Contracts, which constituent parts are present OWS, if it is not stated otherwise.
- All the disputes, resulted from the Contracts of both Parties, will be resolved by the home court of the Alienor.
- Lawful means mentioned in prsent OWS are exclusive.