General terms & conditions of sale at BIBUS MENOS Sp. z o.o.

I. SALE OF GOODS

1. The Buyer acknowledges that these General Terms and Conditions of Sale constitute an integral part of the sale and purchase agreement and each confirmation of the sales order.
2. Goods shall be sold on the basis of a written order/letter, fax, e-mail, dealer/in person system, or in the case of permanent commercial contacts on the basis of a telephone order.
3. BIBUS MENOS Sp. z o.o. undertakes to protect the personal data of its Customers in accordance with applicable regulations in this regard.
   The minimum amount of the order is PLN 50 net. In the case of lower orders, a handling amount of PLN 30 shall be added, unless the individual agreement provides otherwise.
4. Due to the fact that BIBUS MENOS sp. z o.o. does not sell to Customers who are Consumers, the provisions of this document do not apply to the relationship between the Seller – the Consumer and therefore do not take into account the rights of the Consumer under the warranty for physical and legal defects of the product sold, nor the rights contained in the Act of 30 May 2014 on Consumer Rights (consolidated text: Journal of Laws of 2017, item 683).

II. CUSTOMERS

1. The order placed by the Customer should contain the following information: – type of goods, quantity and proposed date of execution or planned dates of acceptance/collection in the case of framework orders, – company identification data, – manner of collection of goods, – delivery address if different from the invoice address, – number of our offer.

III. METHOD, CONDITIONS AND DEADLINES OF DELIVERIES

1. On the basis of the orders placed and after analysing the execution capabilities, the Seller prepares an order confirmation for the Customer.
2. Failure to respond in writing by the Buyer within 2 working days from the receipt of the confirmation of the sales order shall be tantamount to consent to the performance of the order and acceptance of the General Terms and Conditions of Sale.
3. Ordered goods which, at the moment of receipt of the order, are stored in the warehouse shall be delivered in Poland within 3 working days from the date of receipt of the order to the address indicated by the Buyer, unless an individual agreement provides otherwise.
4. Each time the outer page of the consignment bears a VAT invoice envelope. At the Customer’s request, the invoice may be sent by post to the indicated address or by e-mail as an e-invoice to the indicated e-mail address.
   In the case of own collection, the Seller prepares the ordered goods for collection within the agreed time and in the agreed place.
5. The Buyer is obliged to examine the goods as soon as they are received in terms of compliance with the order. In particular, it is obliged to check the condition of the consignment and the quality, quantity and range of goods delivered, and to immediately notify the carrier and the Seller in writing of any reservations in this regard.
6. Failure to raise objections by the Buyer immediately after the receipt of the goods shall be considered as confirmation of the correctness of the delivery.
7. The Seller shall not be liable for any damage or loss of the consignment in transport or delay in the delivery due to the fault of the carrier. At the time of receipt of the consignment, the Buyer is obliged to verify whether the consignment has no damage arising during transport, as well as to take a record at the time of delivery, in the presence of a courier, of the condition of the consignment in the event of suspicion of damage. In the absence of such a damage report, the complaint for damage to transport shall be automatically rejected.
8. In the event of a delay in the delivery of goods beyond the Seller’s control, the deadline for the execution of the order shall be extended by the duration of the obstacle preventing the Seller from timely execution of the order. In the event of a delay in the delivery of goods, the Seller shall inform the Buyer about the reason for the delay and the new expected date of execution of the order.
9. Orders containing changes to an offer or supplementing its content shall not be considered as acceptance of the offer but as a new request for the purchase of goods, which requires a new offer. In such a case, the existing offer shall expire.
10. Withdrawal by the Buyer of the order in whole or in part after the conclusion of the sales agreement, as well as amendments to the order, shall not be accepted. The Buyer shall be liable to the Seller for any and all damage resulting from unjustified resignation from the order in whole or in part.

IV. TRANSPORT COSTS

A logistics fee of EUR 12 net (applies to domestic transports) is collected by us for consignments with an invoice value of up to PLN 700 net.
For oversized consignments exceeding 2.5 m in length and in the case of goods dispatched abroad, logistics fees for transport shall be determined on an individual basis.

V. PAYMENT TERMS AND TIME LIMITS

1. The date of payment shall be the date on which the amounts due are credited in the account.
2. The first 2 transactions shall be made either against prepayment or against cash on delivery, and thereafer the 14-day payment deadline shall apply, unless otherwise provided for in the agreement. In the case of goods imported or manufactured specifically for a given Customer, only prepayment shall apply, unless otherwise provided for in the agreement.
3. In the event of failure to meet payment deadlines, the supplier shall have the right to assign an overdue amount due under the agreement on assignment of receivables to the debt collection company, suspend the execution of orders and refuse consent for payment by transfer.

VI. RESERVATION OF OWNERSHIP

1. The delivered goods shall remain the property of the Seller until the Buyer has paid the entire amount due.
2. If the Buyer converts or combines the delivered goods with other goods, the Seller shall be entitled to co-ownership to the new product in proportion to the share of the value of the goods delivered by the Seller up to the total value of all goods used for the construction of the given product.

VII. LIABILITY FOR DAMAGE CAUSED BY THE PRODUCT

The Seller shall not be liable for damage related to the goods after their delivery to the Buyer.

VIII. GUARANTEE

1. The Seller shall provide the Buyer with a guarantee for the purchased goods for a period of 12 months from the date of sale.
2. The Seller shall remove, free of charge, hidden defects or defects caused for reasons attributable to the delivered goods.
3. The Seller shall be liable only for defects which arose despite the proper use of the delivered goods.
4. The Seller shall not be liable for damage to the delivered goods if it has occurred as a result of improper use, improper installation and in the case of modification/ repair in a service other than the Seller’s service, unless the Seller has given its prior consent.
5. The guarantee does not cover goods which, even in some part, were made of materials delivered by the Buyer or in accordance with the specification provided by the Buyer.
6. A complaint may be filed only by the Buyer.
7. The notification must include: sales invoice number, original guarantee card (if applicable), device’s factory number, defect description.
8. The device submitted for complaint must be delivered to the Seller or another place indicated by the Seller in the same condition as the one in which the Customer received it at the time of purchase (complete, removed from other devices, without additional devices).
9. The course of complaint starts with the delivery of the device to the Seller’s service or another place indicated by the Seller.
10. 1In the event of an unjustified complaint request, all related costs – including the costs of carrying out the expert opinion – shall be borne by the complainant.
11. The cost of sending the goods subject to a complaint for repair and after repair shall be borne by the Buyer. If the complaint is accepted, the costs of transport shall be borne by the Seller.
12. The guarantee shall expire if the Buyer fails to comply with the terms and conditions of the agreement, in particular if the payment is not made within the payment deadline.
13. Liability under warranty is excluded. The Seller’s liability for damages for any reason shall be limited to the value of the goods/ services sold. Moreover, the Seller shall not be liable for profits lost by the Buyer or the user of the goods.

IX. RETURNS OF GOODS

1. If it is necessary to return the goods, Seller should be contacted to confirm such a possibility.
2. We accept the return of only undamaged and unused goods. Returns of non-standard goods or goods imported/ manufactured at a special order of the Buyer shall not be accepted.
3. The goods shall be returned by issuing a correcting invoice.
4. Only cases up to 30 days from the date of issue of the invoice shall be examined.
5. Costs of transport for the returned goods shall be borne by the Buyer.

X. FINAL PROVISIONS

1. Any and all amendments to the GTC proposed by the Customer when placing an order shall require a written consent of the Seller.
2. The information provided in catalogues, folders and offers and on the Seller’s website does not entail any obligations but is merely an invitation to negotiate.
3. The Parties shall not be liable for partial or total non-performance of obligations under the agreement if this is due to force majeure. Force majeure means circumstances beyond the control of partners such as fire, strikes, floods, embargoes, energy restrictions/limits, transport disruptions, earthquakes, etc.
4. All Customers shall be bound by the above GTC, unless an individual agreement provides otherwise.
5. The court competent to settle any disputes shall be the court having jurisdiction over the registered office of the Seller.

Last update: 01.09.2021. Approved by: Magdalena Stankiewicz, President of the Management Board.