General terms of saleweb22023-09-12T12:21:21+02:00
General terms of sale
1 General provisions
General Terms and Conditions of Sale of Zakład Produkcyjne Armatury Przemysłowej AKWA Sp. z o. o. apply to the entire product range and constitute an integral part of all sales contracts concluded with Buyers.
Detailed terms of the contract will be agreed in writing, and in smaller value contracts, by telephone.
P.A.P. AKWA Sp. z o. o. does not conduct consumer sales, and sales are carried out on the basis of commercial cooperation between business entities.
The parties exclude liability under the warranty for the products offered in accordance with Art. 558 of the Civil Code.
Sending an Order by the Customer is tantamount to acceptance of the General Terms and Conditions of Sale.
Different arrangements between the parties agreed and confirmed in writing shall prevail over the provisions of the General Terms and Conditions of Sale.
2 Prices and offers
Unless otherwise stated, all prices are net prices. The given prices do not include VAT, in accordance with applicable regulations.
Price lists are for information purposes only and the prices given therein may change.
If the logistic minimum is not met, delivery and possible unloading costs will be added. The minimum logistic amount is PLN 10,000, unless agreements concluded between Z.P.A.P. AKWA Sp. z o. o. , and Buyers state otherwise.
Pallet and extension packaging are not included in the price of the product and are returnable, except when the packaging was produced especially for the Customer or is disposable. If the packaging is not returned or the damaged packaging is returned, the Customer will be charged their value in accordance with the price list.
Technical data provided in catalogues, publications or on the website may change at any time as a result of constant changes and technological progress.
3 Orders and payments
The condition for the effective conclusion of a sales contract is the submission of a written order and its confirmation by Z.P.A.P. AKWA Sp. z o. o.
Cancellation or correction of the order is allowed in exceptional situations, after prior written agreement on the terms of cancellation or correction between Z.P.A.P AKWA Sp. z o. o. and the Buyer. An order that has entered the execution phase cannot be canceled or corrected, especially when it comes to products made to special order, non-standard or ordered from cooperators. Z.P.A.P. AKWA Sp. z o. o. reserves the right to charge the Buyer the actual costs incurred as a result of canceling or correcting the order.
If the impossibility of performance is due to force majeure, i.e. natural disaster, war, epidemic, riots, strike, random accidents, fire, energy restrictions, shortage of raw materials, government actions affecting production, as well as other non-culpable situations, the Buyer is not entitled to any claims for compensation for damage resulting from non-performance or untimely performance of the contract.
The Buyer is obliged to pay the amount due in the manner, amount and date indicated in the invoice. If payment is not made within the specified period, the execution of subsequent orders or already accepted ones may be suspended until the existing obligations are settled, and all related costs (warehousing, insurance, transport) may be transferred to the Buyer.
The day of payment is considered to be the day when the payment is credited to the Z.P.A.P. account. AKWA Sp. z o. o.
The scope and implementation of the delivery of products and services are governed by the offer and order from the Customer.
Delivery dates may change, especially in the case of events for which Z.P.A.P. AKWA sp. z o. o. is not responsible.
At the Buyer’s request and at his expense and risk, Z.P.A.P. AKWA Sp. z o. o. may organize the transport of goods to any place indicated by the Buyer, provided that road conditions allow it.
Upon release of the goods by Z.P.A.P. AKWA Sp. z o. o. the benefits and burdens associated with the goods and the risk of accidental loss or damage are transferred to the Buyer.
The buyer is obliged, immediately after receiving the goods, to check the compliance of the delivered goods with the order, and in the event of damage, quantitative or qualitative deficiencies, immediately report to the carrier and Z.P.A.P AKWA Sp. z o. o. reservations in this respect when preparing a non-compliance report.The buyer is obliged, immediately after receiving the goods, to check the compliance of the delivered goods with the order, and in the event of damage, quantitative or qualitative deficiencies, immediately report to the carrier and Z.P.A.P AKWA Sp. z o. o. reservations in this respect when preparing a non-compliance report. Z.P.A.P. AKWA Sp. z o. o. reserves the right to check the reported damage by requesting appropriate photo documentation or an inspection at the place of delivery.
5 Warranty and complaints
P.A.P. AKWA Sp. z o. o. provides a standard 24-month warranty for its products, counting from the date of delivery of the goods, unless the concluded contracts indicate otherwise. At the Customer’s request, the warranty will be provided in writing.
Responsibility of Z.P.A.P. AKWA z o. o. for any damage caused by a defective product is limited by the decision of the insurer Z.P.A.P. AKWA Sp. z o. o. on the scope of recognition of damage.
Damage or shortages that were not detectable at the time of delivery must be reported within 7 days from the date of discovery of the defect.
In the case of products that have been manufactured based on technical drawings or models provided by the Customer, the warranty is limited to the quality of workmanship and materials.
The warranty does not cover damage resulting from improper storage, maintenance, failure to follow the operating instructions, overloading, use of media other than those specified in the product card, inappropriate interventions by the user or third parties, use of spare parts not recommended by Z.P.A.P AKWA Sp. z o. o., as well as for other reasons for which Z.P.A.P. AKWA Sp. z o. o. doesn’t respond.
All complaints should be submitted in writing, electronically, to the Control Department of Z.P.A.P AKWA Sp. z o. o. immediately, along with appropriate photographic and descriptive documentation, using the complaint report card.
Quality complaints may only concern the construction, workmanship or material of the delivered product. The validity of the complaint will be determined in a written response within 14 days from the date of its delivery to the Z.P.A.P. Control Department. AKWA Sp. o. o.
The complained goods, the Buyer is obliged, at the request of Z.P.A.P. AKWA Sp. z o. o. deliver it to the company’s headquarters, and in the absence of such a request, store the complained goods in a proper manner to prevent any damage or shortages.
P.A.P. AKWA Sp. z o. o. If the complaint is considered justified, the goods may be repaired, replaced with a new one or refunded in cash to the complainant’s account. The choice of the appropriate method of accepting the complaint is the responsibility of Z.P.A.P AKWA Sp. z o. o.
A complaint submitted after the deadline specified in §4 point 5, 5 point 1 and §5 point 3 results in the buyer losing the right to make a complaint.
6 Final provisions
By accepting these General Terms and Conditions of Sale, the Buyer consents to the processing of his personal data by Z.P.A.P. AKWA Sp. o. o. and entities acting on its behalf in connection with the implementation of contracts for the sale of goods offered by Z.P.A.P. AKWA sp. z o. o.
Acceptance of the order by Z.P.A.P. AKWA Sp. z o. o. does not mean that the Buyer’s terms and conditions are accepted, even if this is mentioned on the order form.
Buyers without the knowledge of Z.P.A.P. AKWA Sp. z o. o. cannot transfer knowledge and information obtained as a result of business contacts with Z.P.A.P. AKWA Sp. z o. o. third parties in matters covered by commercial secrecy.
In matters not regulated by these General Terms and Conditions, the provisions of the Civil Code shall apply.
The declaration of invalidity of individual provisions does not affect the validity of the remaining provisions of the General Terms and Conditions of Sale.
The parties will strive to settle any disputes amicably, and if this is not possible, the court competent for the seat of Z.P.A.P. will be competent to hear the case. AKWA Sp. z o. o.
The headquarters and warehouse of Z.P. products A.P. AKWA Sp. z o. o. is located at ul. Słoneczna 36, 62-200 Gniezno, Poland.
The current product and transport price list can be found on the website www.akwa.com.pl