GENERAL TERMS AND CONDITIONS OF WHOLESALE CONTRACTS
(version dated 19.04.2023).
§ 1 General Provisions
(1) These General Terms and Conditions (hereinafter referred to as “GTCs”) set out the rules for placing wholesale orders (conclusion of sales contracts) only by entities operating economic (hereinafter referred to as “Contracting Authority”) for the products offered by the MITFORM Dominik Cembrowicz based in Sierakow, os. Gen.Władysława Sikorskiego 11/1, 64-410 Sieraków, NIP PL5951348188, REGON 644450637 (hereinafter referred to as “MITFORM”).
(2) An orderer who places an order with MITFORM simultaneously declares that he/she is familiar with the contents of and accepts the provisions of the T&Cs.
(3) The Ordering Party declares that it is an independent entrepreneur, conducting business in in its own name and on its own account, and that it will conduct sales of products purchased from MITFORM at its own risk. For the avoidance of doubt, the Parties unanimously agree that the Ordering Party shall be solely responsible for compliance of the products with the laws of the country on the territory of which it will sell them, including in particular, for making any possible notifications/notifications required by applicable regulations.
(4) The purchaser shall be solely responsible for providing, together with the products, the appropriate instructions/information, etc. Directed to consumers, which are required by the law applicable to the country, in which the products will be sold by it.
5 The T&Cs shall be available to the Ordering Party prior to placing an order:
(a) at MITFORM’s headquarters,
b) on the website www.mitform.com and can be downloaded and saved at any time by Ordering Party.
(6) Any separate arrangements between the Parties shall be binding only upon express confirmation by both Parties at least in documentary form under pain of nullity.
§ 2 Placing orders, delivery
(1) The T&Cs shall apply to all orders placed by the Ordering Party, unless otherwise provided by mandatory laws or by individual separate arrangements of the Parties.
(2) An order may be placed and fulfilled on terms and conditions agreed upon by the parties differing from the following from provisions of the T&Cs with the proviso that they should be made in the form of an email, clearly accepted by both Parties, and in full wording attached to the order, under pain of their void.
(3) The ordering party agrees to place orders for MITFORM products by e-mail.
4. each order must correspond to the minimum order value specified in the terms and conditions of the price offer prepared by MITFORM .
5. MITFORM shall each time, no later than within 5 working days from the date of receipt of an order from the Ordering Party, confirm its acceptance for execution, at the same time indicating the planned (estimated) date of delivery of the ordered products. With this moment, a contract between the parties is concluded. In case MITFORM fails to confirm the order in the above the indicated date, they shall be deemed not to have been submitted.
6. unless otherwise agreed by the Parties under a given order, the ordered Products may be collected by the Ordering Party from MITFORM in person or sent to the address indicated by the Purchaser’s address, via via courier. Upon receipt of the products by the Purchaser to MITFORM or upon delivery of the products to the carrier to the Ordering Party shall pass to the Ordering Party all burdens and risks associated with them, including danger of accidental loss or damage to Products.
7 Delivery costs shall be borne by the purchaser. Delivery costs are determined by MITFORM in message confirming acceptance of the order for processing.
8. MITFORM reserves the right to implement the order in parts, if its implementation at one time will not be possible.
(1) The warranty for defects in the Products is excluded.
(2) If the products were delivered to the Ordering Party via a carrier, and the Contracting authority with their acceptance finds quantitative deficiencies or damage to bulk packaging, the Purchaser shall obliged Require the carrier to verify the number of bulk packages of products and by ordinate complaint report with photo documentation of damaged bulk packaging (packages or pallets). In the case of quantitative deficiencies, the protocol must indicate discrepancies between the products actually delivered and other documentation, including the bill of lading.
3. The ordering party is also required to examine the quantity and the quality of the products found is in bulk packaging. If quantitative shortages or defects are found qualitative, The purchaser shall drawing up a complaint protocol and reporting objections MITFORM together with photo documentation immediately, but no later than in the deadline 7 days from the day of receipt of the products, or the delivery shall be deemed complete and correct.
(4) Notification of any defects in the products by the Purchaser referred to above shall be made by mail to e-mail address: firstname.lastname@example.org.
(5) MITFORM shall consider the Ordering Party’s complaints immediately, but no later than within 30 days from the day of their submission.
(6) The Ordering Party shall be obliged to make the products covered by the complaint available to MITFORM in order to inspect them and to process the complaint by MITFORM within 3 business days from the date of receipt of such request from MITFORM.
(7) In the event that MITFORM acknowledges the Ordering Party’s complaint as:
a) quantitative shortages of the product – MITFORM is obliged, at its sole discretion, to additions The missing quantity of products or a reduction in the price of products by the exposure of the relevant VAT invoice correcting within 14 days from the date of processing the complaint,
b) in the form of quality defects in the products – MITFORM is obliged, according to its own recognitions, to Provide new, non-defective products or reduce the price of products by issuing an appropriate corrective VAT invoice within 14 days from the day of processing of the complaint.
§ 4 Price offer.
(1) The parties agree that the Ordering Party shall purchase products from MITFORM at prices specified in terms of the price offer prepared by MITFORM.
(2) Product prices given by MITFORM in Polish zloty (PLN) are BRUTTO amounts and include tax VAT, excluding delivery costs.
(3) Product prices quoted by MITFORM in Euro (EUR) and Dollar (USD) are NET amounts and do not include VAT or delivery costs.
(4) Subject to the provisions of para. 5 below, the payment term for PLN and EUR currencies is 7 days counting from the day the products are shipped by MITFORM or collected in person. For USD currency payment is before shipping.
(5) Payment of the price shall be made by the method specified in the terms and conditions of the price offer prepared by MITFORM, and indicated on the VAT invoice. The date of payment shall be the date on which the bank account MITFORM is credited.
6 The Ordering Party authorizes the Seller to issue an invoice without the recipient’s signature and accepts the use of electronic invoices, i.e. sending invoices, duplicates of these invoices and their corrections in electronic form to e-mail address provided during account registration.
(7) Failure to object within 14 days to the corrective invoice sent to the e-mail address provided during account registration will be considered as its acceptance.
§ 5 Liability.
(1) Neither Party shall be liable to the other Party for damages, penalties or other liabilities, that may arise as a direct result of the inability to perform or execute the z delay obligations under the contract (order), if this was caused by force higher. For the purposes of the T&C force majeure means any sudden, unforeseeable and external events beyond control any of the Parties, in particular: natural disasters, Such as flooding, drought, earthquake, Hurricane, martial law, state of emergency, military action, epidemics, acts of terror.
(2) If the Purchaser fails to pick up the purchased products on the agreed date, MITFORM may appoint a Ordering Party an additional period of time for their acceptance, not shorter than 7 days. In the event ineffective expiration of the additional period for acceptance, MITFORM shall be entitled to withdraw from the withdraw from contract (order). The declaration of withdrawal from the contract (order) may be filed by MITFORM within 90 days, calculated from the date of informing the Ordering Party on readiness of products for acceptance.
(3) Withdrawal from the contract (order) referred to above shall be effected by submitting in indicated deadline, to the mailing or e-mail address of the Ordering Party, a statement of intent of MITFORM on withdrawal. In such case, the contract will be considered not concluded. The parties are obliged to immediately return to each other everything they have provided under the contract with the subject to the following provisions.
(4) In the event of withdrawal from the contract, MITFORM shall be entitled to claim from the Ordering Party a contractual penalty equivalent to 100% (one hundred percent) of the price of the products covered by the order in question.
5. MITFORM shall not be liable in any way to the Ordering Party in case of solution, expiration or termination of the contract (on any legal basis), as well as in the in case of delay in the execution of the contract in relation to the estimated deadline referred to w § 2 item 5 above, including at in particular for damage suffered or lost benefits.
(6) In no event shall MITFORM’s total liability incurred in connection with the conclusion of a contract with an Ordering Party exceed the equivalent of the order placed by the Ordering Party to which this liability applies.
7. reservation of the above contractual penalty does not exclude the possibility of MITFORM claiming damages on general terms, in an amount exceeding the amount of the reserved contractual penalty.
§ 6 Additional notes
1 For products containing small parts, due to the risk of choking, children under 7 years of age should not use them.
(2) Some products may have sharp edges, so children under 14 should benefit z Products only under the supervision of an adult, if there is no additional Risk of choking.
(3) In the event of any claim by any third party or competent authority w towards MITFORM in connection with the sale of products by the Ordering Party not in accordance with the applicable regulations, including in particular due to the lack of appropriate instructions, signs warning and/or to include any additional information on the product that are required in the country, The purchaser will be solely responsible therefrom and undertakes to release MITFORM from liability for such violations, enter into possible court proceedings or, if such accession will not be possible, undertakes to cover all receivables, to cover which MITFORM will be obliged, as well as undertake to cover w the entire cost of legal services and representation process.
(4) At the request of the Buyer, MITFORM will provide a safety data sheet for each batch of products.
5. MITFORM indicates that some castings are aged and machine rubbed, so there may be minimal differences in rubbing and shade of plating, between successive batches of production and this is not grounds for complaint.
§ 7 Other provisions
(1) Matters not regulated in the T&Cs shall be exclusively governed by the applicable provisions of the law Polish, including, in particular, the Civil Code.
(2) Any disputes that may arise in connection with the execution of the order will be resolved amicably and in If the Parties fail to reach an agreement within 30 days of its occurrence resolved will be exclusively by a common court of competent jurisdiction with respect to location of MITFORM.
3. the T&Cs shall come into force as of 19.04.2023. and are applicable to contracts entered into after that date.
(4) MITFORM reserves the right to amend the T&Cs, which it may do at its sole discretion in any time by publishing changes to the T&Cs on the website www.mitform.pl and making them available at its headquarters.
Attachment No. 1 – RODO information clause