GENERAL CONTRACTUAL TERMS AND CONDITIONS
APPLIED BY P.P.H. KAMAR SP. JAWNA J.L. KNAPKIEWICZ
WITH ITS REGISTERED OFFICE IN BYDGOSZCZ, AL. ARMII KRAJOWEJ 254, 85-689,
KRS (National Court Register ID): 0000112163, NIP (Tax ID) 554-039-23-83, REGON (Business ID): 093051226
§ 1 General Provisions
1. General Contractual Terms and Conditions (GCTC) define the terms of cooperation with P.P.H. KAMAR sp. jawna ( spółka P.P.H. KAMAR and constitute an integral part of all agreements and orders, unless their application is expressly excluded in writing, otherwise being null and void.
2. Carrying out any commercial activity towards P.P.H. KAMAR is tantamount to the acceptance of the GCTC.
§ 2 Services and Products
1. Presented by P.P.H. KAMAR services or products, their pictures, drawings, data concerning the size, weight, colours, technical characteristics, do not constitute an offer within the meaning of the Civil Code and therefore are not binding unless otherwise agreed in writing under pain of nullity.
2. Spółka P.P.H. KAMAR reserves the right to change parameters referred to in section 1.
3. Spółka P.P.H. KAMAR reserves all industrial property rights and copyrights to its products.
4. Spółka P.P.H. KAMAR shall not be liable for the functioning of products made on the basis of projects submitted by the Customer.
5. The Customer represents that the documents it has submitted, all related documents and information provided, do not infringe any rights of third parties.
6. In the event the Customer destroys, damages or loses the samples or product templates it was provided, the Customer is obliged to remedy the damage arising from it.
§ 3 Orders
1. The order should be submitted in the form of a document and shall specify the exact name and address of the Customer, type and quantity of the ordered goods and the date of delivery as well as the name and surname of the person authorised to represent the Customer. In the case of an order placed by phone or via another medium, it is confirmed in a documented form.
2. Spółka P.P.H. KAMAR reserves the right to make partial deliveries in accordance with the order execution process.
3. Spółka P.P.H. KAMAR shall be bound by the delivery date only if it confirms the date in writing.
4. If the Customer fails to collect the subject of the agreement or its part on the agreed date for reasons for which P.P.H. KAMAR is not responsible, the Customer shall pay any resulting costs, in particular the costs of transport and return of goods by the carrier to the registered office of P.P.H. KAMAR, and in addition to that, remuneration for the use of storage space equal to 1% of the net price of the uncollected goods for each day of goods storage after the delay in receipt, to which the tax on goods and services will be added.
5. The agreed date of order delivery shall cease to be binding if the Customer fails to provide any objects, documents or information necessary for the execution of the order.
6. Spółka P.P.H. KAMAR may refrain from beginning to or continuing to execute of an order if the Buyer is in default of payment of any receivables due to of P.P.H. KAMAR.
§ 4 Place of Performance of the Agreement, Packaging, Shipment and Insurance of Goods
1. Unless the parties agree otherwise, the place of performance of the agreement is the registered office of P.P.H. KAMAR in Bydgoszcz.
The delivery shall be deemed completed on the day in which the goods are released from the warehouse of P.P.H. KAMAR, i.e. from providing the goods for the recipient's disposal. The Ordering Party is obliged to collect the goods within 5 days from the date of notification, made in any form. The notice shall be effective if the authorised person or an employee of the Ordering Party who is usually responsible for ordering the goods or arranging the collection of goods collects the goods.
If the goods are not collected within 10 days from the date of notification, the Supplier shall be entitled to the following rights towards the Ordering Party:
- the right to withdraw from the sales agreement within 21 days from the day after 10 days following the date of the notification referred to above,
- the right to demand compensation not lower than the agreed price,
- or the right to obtain a contractual penalty from the Supplier for the failure to collect goods, equal to the agreed price for goods uncollected within the agreed period.
2. In the absence of any arrangements as to the method of packaging and shipment of goods, P.P.H. KAMAR will perform it taking into account their properties and the expected method of transport.
3. At the Customer's request and expense, P.P.H. KAMAR shall insure the subject of the order within the scope indicated by the Buyer.
4. Complaints regarding the damage to goods during transport and quantitative shortages shall be taken into account only upon the submission of a complaint report signed by the courier.
5. Quantitative complaints shall be taken into account within 3 working days from the date of delivery of the goods to the customer's registered office and upon presentation of a waybill signed by the courier.
§ 5 Payments
1. The Customer shall be deemed the owner of the goods at the moment the payment for the goods is made in full.
2. The date of payment shall be the date on which the receivables are credited to the account of P.P.H. KAMAR.
3. In the event that the Customer is in default of even one payment date, P.P.H. KAMAR shall have the right to demand immediate payment of all outstanding amounts due from the Customer, even if not past due yet, and until the total payment is made, it may refrain from performing its obligations.
4. In the event that P.P.H. KAMAR has well founded doubts as to the Customer’s financial situation, which may prevent the punctual payment of liabilities, P.P.H. KAMAR may demand an appropriate collateral, failing which the agreement shall be revoked. The provision of § 3 (6) shall apply accordingly.
5. Submission of claims under the guarantee, statutory warranty or improper performance of the Agreement shall not entitle the Customer to withhold payment for the goods.
§ 6 The Liability of P.P.H. KAMAR
1. Spółka P.P.H. KAMAR is obliged to exercise due diligence in the execution of accepted orders and, in the event of non-performance or improper performance of an order, it is obliged to remedy damage demonstrated by the Customer in a manner which shall raise no doubts, subject to section 2.
2. Spółka P.P.H. KAMAR is obliged to redress the damage in the full amount if it was inflicted intentionally. In the case of an unintentional damage, the amount of compensation is limited to the net amount of the goods manufactured defectively or in a manner inconsistent with the agreement. Spółka P.P.H. KAMAR is not obliged to redress damage if it shall immediately deliver goods free from defects or defects at the Customer’s first request.
3. Spółka P.P.H. KAMAR is not obliged to pay contractual penalties except for cases in which it has assumed the obligation to pay such penalties in an agreement concluded under the pain of nullity in writing, signed by a person authorised to represent the Company.
4. The Seller is not responsible for local regulations excluding the possibility of relying on the repairs or sale clause of Goods outside the EU to countries that do not recognize the repair clause within the meaning of art. 110 of Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs (Official Journal L 003, 05/01/2002 P. 0001 - 0024).
§ 7 Customer’s Responsibility
1. The Buyer confirms that it assumes the obligation to attach to the sold goods all information required to be provided and attached to the goods by national laws, in particular to submit and attach information about the product and operating instructions in the official language of the buyer's country.
2. The buyer confirms that he has received from P.P.H. KAMAR will ban the sale of certain patented products and marked P on the internet because of patent restrictions.
3. The buyer acknowledges that at the time of the purchase of the product from P.P.H. KAMAR is obliged on it to sell these goods in accordance with the law in force at the place of sale.
4. The Buyer declares that he acquires the Seller's Goods in the form of spare parts only for the purpose of repairing the vehicle in order to restore it to its original form and undertakes to use these parts only for the purpose of repairing the vehicle in order to restore it to the original form ("repair clause").
In the event that the Seller doubts or obtains reliable information regarding the use of spare parts by the Buyer for a purpose other than the one indicated above, the Seller is entitled to refuse to perform the order.
5. The CUSTOMER declares that as of the date of concluding the Agreement it is an active, correctly registered taxable person of goods and services tax. In the event of a change in the status of a VAT taxpayer, CUSTOMER will be obliged to notify KAMAR about it in writing, within 7 days from the occurrence of the event causing the change of its status.
§ 8 Personal Data Protection
1. I. Liability and Personal Data Protection
1. The personal data controller is P.P.H. KAMAR. Your personal data is processed for the following purposes: (i) the conclusion and performance of the agreement; (ii) the sale of products and services offered by JH; (iii) marketing activities carried out independently by the company or in cooperation with other entities; (iv) creating rankings, reports and analyses; (v) storage of documents; (vi) fulfilment of the Company’s obligations under applicable laws; (vii) seeking possible redress. The legal basis for the processing of your data for the above purposes, based on Article 6 (1) (a-f) of the GDPR, shall be consent granted, the performance of the agreement or undertaking actions aimed at conclusion thereof, the fulfilment of a legal obligation incumbent on P.P.H. KAMAR. The period of processing of your personal data depends on the purpose for which it is processed. The factors taken into account are (i) the legal regulations (e.g. the Accounting Act etc.); (ii) the term of the provision of services; (iii) the term for which the consent was granted; (iv) duration of the agreement. We also inform you that you have: (i) the right to access personal data, including the right to request a copy of such data; (ii) the right to request rectification (correction) of personal data - if the data is incorrect or incomplete; (iii) the right to object to the processing of data - within the scope of processing under a legally justified interest of P.P.H. KAMAR. For this purpose, please contact the company via email: firstname.lastname@example.org, in which case we will stop processing your data for current purposes , unless we demonstrate that the basis for the processing of your data is necessary for the establishment, assertion or defence of P.P.H. KAMAR’s claims or that their processing by the company is required by law. The right to request the deletion of personal data (the so called right to be forgotten) means that you can request at any time that we delete your personal data. The right to request the limitation of personal data processing means that you can request at any time that we limit the processing of your personal data solely to its storage or the performance of other agreed or legally required actions if you believe that we process the data improperly, unduly, or if you wish that we refrain from deleting it because you need it to establish, pursue or defend claims, or for the period of the objection to the processing of data which you submit until it is determined whether legally justified grounds on our side prevail over the basis of the objection.
§ 9 Exclusion of Assignment of Claims
1. The Buyer's claims against P.P.H. KAMAR cannot be transferred to other entities.
§ 10 The Place of Performance, Transfer of Risk, Court Jurisdiction and the Governing Law
1. The place of performance of the agreement is the registered office of P.P.H. KAMAR
2. The Buyer shall bear the risk of a random loss or damage of the ordered goods from the moment of their release (Article 612 of the Civil Code in connection with Art. 548 of the Civil Code).
3. The agreement binding the Parties and the GCTC shall be interpreted and applied in accordance with the Polish law.
4. Any possible disputes arising out of this agreement shall be solved by the Parties by way of negotiations, and in the absence of an agreement, the Parties shall submit them to the common court having jurisdiction over the registered office of P.P.H. KAMAR.
§ 11 Final Provisions
1. The Customer undertakes to immediately notify P.P.H. KAMAR in writing of each change of its address. The failure of such notification shall result in deeming correspondence sent to the address provided in the last agreement, order or another commercial activity as delivered.
2. In the event that only certain provisions of the GCTC are excluded, the remaining provisions shall remain in force.
3. Spółka P.P.H. KAMAR does not accept the Customer’s general terms and conditions or model agreements.
4. The GCTC shall not apply to the sales to consumers in such
a scope in which they are contrary to generally applicable legal provisions regarding consumer sales.
5. Any disputes between the Parties shall be settled by a common court having jurisdiction over the registered office of P.P.H. KAMAR. Disputes shall be settled in accordance with the Polish law (substantive and procedural).
6. To all matters not settled herein the provisions of the Civil Code shall apply.
7. The GCTC shall be communicated to the Customers by publishing them on the website of P.P.H. KAMAR at www.truck-kamar.pl, and in the case of electronic correspondence, by providing a link directing to the GCTC.
Bydgoszcz, January 2016