Section 1

These General Terms and Conditions of Supply (hereinafter: GTCs) shall apply to all agreements between Prec-Odlew Sp. z o. o. (hereinafter: the Supplier) and the entity or entities obligated to receive the goods and pay the price for the goods (hereinafter: the Recipients), based on which the delivery of the goods by Prec-Odlew Sp. z o.o. takes place, unless these agreements provide otherwise.

 

Section 2

  1. Release of things to the consignee shall take place at the time of their collection from the Supplier’s warehouse by the Recipient or the person or persons authorized by him.
  2. The Supplier shall have the right to refuse to release the items if there are irremovable doubts as to the existence of authorization to receive the items on behalf of the Recipient. The Supplier shall not be liable for any delay in the delivery of the item for this reason. Subsequent confirmation of the authorization by the Recipient shall not give rise to the Supplier’s liability for the delay in delivery of the item.
  3. With the consent of the Supplier, the Recipient in the order may authorize the Supplier to arrange transportation of the goods to a specified place at the expense and risk of the Recipient. The risk of damage to the goods passes to the Recipient as soon as the goods are loaded at the Supplier’s warehouse. In this case, the cost of delivery shall be paid by the Recipient on the basis of an invoice issued by the Supplier.

 

Section 3

The Recipient or the person or persons authorized by him shall confirm the delivery of the goods in writing.

 

Section 4

  1. The Recipient or the person or persons authorized by him to receive the item shall be obliged to examine the item in a customary manner and immediately notify the Supplier of any defects.
  2. The Supplier shall not be liable for quantitative shortages of things if the Recipient, the person or persons authorized by him have taken the things unreservedly from the Supplier’s warehouse.

 

Section 5

  1. The Supplier shall be liable under the warranty if the notice of defects is delivered no later than 6 months from the date of delivery of the item, but no longer than 1 year from the date of delivery of the item.
  2. The period referred to in the preceding paragraph shall not be extended if the defect is removed or replaced with a defect-free item.

 

Section 6

Where the goods are marked with the Supplier’s trademarks, the Recipient undertakes to leave the trademarks intact, unless leaving them will prevent the use of the goods in accordance with the purpose communicated to the Supplier by the Recipient before the conclusion of the agreement.

 

Section 7

The Supplier’s liability for damages shall be limited to the actual damage to the Recipient, but not higher than the price specified in the agreement. This does not apply to the case of damage caused by wilful misconduct.

 

Section 8

The Recipient shall be jointly and severally liable to repair the damage caused to the Supplier by the person or persons authorized by him.

 

Section 9

  1. Neither Party shall be liable for non-performance or improper performance of an obligation caused by force majeure.
  2. Force majeure shall be considered extraordinary circumstances, impossible to foresee, which could not have been foreseen or prevented despite the exercise of due diligence.
  3. The Party claiming limitation of its liability due to force majeure shall at the same time prove the fact of its occurrence and the causal connection between its occurrence and improper performance or non-performance of the obligation.

 

Section 10

In matters not regulated in the GTC, the provisions of applicable law shall apply.