General Terms and Conditions of Sale of Tesko Steel Sp. z o.o.
of 30 June 2014
§ 1 General provisions
The Buyer shall purchase goods at the prices and in accordance with the terms and conditions indicated in the quotation submitted by Tesko Steel Sp. z o.o. and in these General Terms and Conditions of Sale of Tesko Steel Sp. z o.o. If there are any discrepancies between the quotation by Tesko Steel Sp. z o.o. and the General Terms and Conditions of Sale of Tesko Steel Sp. z o.o., the quotation by Tesko Steel Sp. z o.o. shall prevail. The quotation provided by Tesko Steel Sp. z o.o. shall be valid for 3 days of its submission or while stocks last. The quotation shall not be tantamount to the booking of materials.
§ 2 Pricing and payments
1. The prices specified in the quotation are net prices. VAT and other regulatory liabilities in accordance with the applicable regulations in force should be added to the price.
2. Payment terms:
a) insurance limit, subject to the provision of paragraph 3 below,
b) later order date,
c) the payment date shall be counted from the date of issue of the VAT invoice,
d) the effective payment date shall be considered to be the day on which the bank account of Tesko Steel sp. z o.o. is credited,
e) the transfer costs shall be paid by the Buyer,
f) if the Buyer is in delay with payment, Tesko Steel Sp. z o.o. shall be entitled to charge statutory interest, as well as to exercise other rights under the applicable law.
3. Payment terms other than those specified in paragraph 2 shall require the security indicated by Tesko Steel Sp. z o.o. to be established, as well as the express consent of Tesko Steel Sp. z o.o., or a prepayment to be made in the amount of 100% of the order price.
§ 3 Deliveries
1. The basic form of sale is the release of the goods at the location of Tesko Steel Sp. z o.o., unless the parties decide otherwise, subject to the provisions of §1 and §5, paragraph 1. In that case, further provisions of this §3 shall apply.
2. The goods shall be delivered within the dates and to the address indicated in the quotation submitted by Tesko Steel Sp. z o.o. in accordance with INCOTERMS 2010.
3. Tesko Steel Sp. z o.o. shall not be liable for delays in the delivery of goods if that delay is caused by circumstances independent of Tesko Steel Sp. z o.o. In particular, such circumstances shall be deemed to mean force majeure, such as earthquakes, natural or industrial disasters, strikes, and delays on the supplier’s side.
4. Tesko Steel Sp. z o.o. may deliver the goods using its own transport, or using a forwarder or carrier.
5. Default of Tesko Steel Sp. z o.o. in the delivery of goods shall entitle the Buyer to withdraw from order fulfilment in relation to the part of the order in default, subject to the provision that, before exercising that right, the Buyer shall be obliged to call upon Tesko Steel Sp. z o.o. in writing to deliver the goods and to set an additional appropriate date for that purpose, and if the additional period thus set expires ineffectively, the Buyer shall be entitled to exercise the right to withdraw from the agreement, in relation to the part of the goods the default concerns.
§ 4 Goods acceptance and complaints
1. The Buyer shall be obliged to inspect the goods with regard to quantity and quality immediately after obtaining them, as well as to notify the Seller immediately about any non-conformities found during that inspection.
2. Complaints related to the quality of the goods must be reported immediately, and in any case not later than within seven days of the date of receipt of the goods.
3. Complaints related to the quantity of the goods must be reported immediately, and in any case not later than within one day of the date of receipt of the goods.
4. Complaints shall be examined only with regard to goods in the condition in which they were delivered, with no further damage.
5. The complaint procedure shall be initiated provided that the Buyer delivers the following, in writing or by e?mail or by fax:
a) a brief description of the reason for the complaint – material defect, quantitative or qualitative shortage,
b) photographic documentation.
6. If the complaint is found to be groundless, the costs of the complaint procedure shall be charged entirely to the Buyer.
7. If the complaint is found to be justified, reasonable and documented costs of the complaint procedure shall be charged entirely to the Seller.
8. Lodging a complaint shall not free the Buyer from the obligation to pay for delivered material in a timely manner.
9. Tesko Steel Sp. z o.o. reserves a quantitative tolerance in conformity with the quantitative tolerance confirmed by the mill in the fulfilment of the order, in the range of +/- 10%.
10. Requirements related to technical performance, qualitative parameters and certificates of any kind should be specified by the Buyer in an express and direct manner in the request for quotation, in response to which Tesko Steel Sp. z o.o. submits its quotation.
11. Any certificates and other documents confirming the quality of the goods shall be delivered together with the delivery of the goods or immediately after its completion.
12. Failure to meet the conditions referred to in paragraphs 1 to 5 may lead to the refusal to accept the complaint, depending on the decision of Tesko Steel Sp. z o.o.
13. Liability of Tesko Steel Sp. z o.o. under statutory warranty shall be excluded.
§ 5 Final provisions
1. If any provision of these General Terms and Conditions of Sale of Tesko Steel Sp. z o.o. are invalid, the other provisions shall remain in force, and the invalid provision shall be replaced with one whose contents are as close as possible to the one replaced.
2. The General Terms and Conditions of Sale shall be available on the Tesko Steel Sp. z o.o. website www.teskosteel.com.pl, under the tab “Ogólne Warunki Sprzedaży” /General Terms and Conditions of Sale/, and they shall be made available in such a way as to enable the Customer to store them and to reproduce them in ordinary course of business.
3. These General Terms and Conditions of Sale of Tesko Steel Sp. z o.o. may be amended for important reasons at the discretion of Tesko Steel Sp. z o.o. and the amendment shall take place by means of publication of the contents of the amendments and of the uniform text [including the amendments] on the website www.teskosteel.com.pl, under the tab “Ogólne Warunki Sprzedaży”, and it shall be effective for agreements concluded after the amendments have entered into force.