1. General Provisions
1.1 Commercial obligations arising out of fulfilling the order are regulated by the following general conditions and particular requirements determined in the order, as well as in other economic and technical agreements.
1.2 The order shall be binding from the moment when both parties reach a consensus and confirm the conditions of the agreement in writing. The conditions of the agreement are also considered to be accepted by silent approval of the Supplier if they do not raise any comments within 14 days.
1.3 The Supplier may not assign the order to any third parties.
1.4 The Supplier may not assign receivables arising out of the agreement -Article 509 of Polish Civil Code.
1.5 All commercial and technical information concerning fulfillment of the order shall be treated as confidential by the Supplier.
1.6 The order shall be regarded as fulfilled at the moment of quality and quantity receipt of the goods or services by the Ordering Party.
1.7 All disputes which may result from fulfillment of the order shall be settled amicably or by the applicable court.
2. Technical information and commercial property
2.1 Technical information made available to the Supplier (construction, technological or other documentation, instrumentation, samples, masters etc.) shall remain the sole property of the Ordering Party and shall only be used to fulfill the order.
2.2 The Supplier is obliged to protect the Ordering Party’s property, to ensure its unambiguous identification, not to make its content available or reveal it to third parties and to return it on the Ordering Party ‘s request.
2.3 The above-mentioned arrangements shall be binding even after expiration of the agreement.
3. Changes in orders
3.1 At the Ordering Party ‘s written request to make changes to the agreement, the Supplier shall be obliged to conduct subject analyses and take necessary steps to meet the requirements and minimize potential expenses resulting from the changes.
4. Quality and inspection
4.1 The Supplier shall be responsible for constant supervision of the production, control and procedure equipment so as to ensure that all the quality requirements of the delivery are met.
4.2 Pursuant to the arrangements included in the order, the Supplier shall attach to delivery applicable seals of approval, certificates of quality, other certificates or evidence proving that the subject of the delivery has been tested and checked in the appropriate way and meets specific requirements.
4.3 The Supplier shall provide for competent representatives of the Buyer the possibility to check in their premises the course of the processes being the subject of the agreement, to conduct quality audits and to conduct pre-shipment inspection.
5.1 If the subject of the order is physical deliveries (materials, parts, units, instrumentation etc), the Supplier shall ensure their proper packaging, marking, identification and protection from destruction in transport.
5.2 In each case of delay in delivery, the Supplier shall immediately notify the Ordering Party of that fact, giving the reason for the delay and proposing new deadlines.
5.3 If the delay was not caused by force majeure, the Ordering Party may, at their own discretion, accept the proposed deadline, withdraw from the order, demand appropriate compensation or take legal action.
5.4 If the delay happened due to confirmed influence of force majeure, the Supplier shall not be liable for the occurring delay and new deadlines may be established by mutual agreement.
6. Reception of delivery, warranty
6.1 Acceptance of the supply shall occur on the basis of positive outcome of quantity and quality control performed by the Ordering Party. The quality control may involve 100% of the supply or the Ordering Party may perform it randomly / using the statistical method.
6.2 In the case of any discrepancy, the supply may be complained about and the Supplier shall be obliged to handle the complaint in the mode agreed upon with the Ordering Party. One discrepancy found in a given supply may constitute the basis for return of the whole supply to the Supplier in order to be checked and selected again; the costs related to that shall be incurred by the Supplier.
6.3 If such a requirement was agreed on, the Supplier shall give warranty for the delivered goods.
7.1 The prices determined in the order are binding, and changes of them shall only be acceptable by means of mutual agreements confirmed by both parties.
8. Invoicing, delivery notes and payment
8.1 Each invoice must concern a delivery related to a single order, subject to the same tax rate, and must include all the necessary data pursuant to applicable regulations.
8.2 A delivery note, issued in two copies, must be attached to the shipment of goods.
8.3 The Ordering Party shall make payments in accordance with the established deadlines, after receiving correctly filled in documents.
8.4 In case of discrepancy in delivery or attached documents, the Ordering Party may partly or fully refuse to pay until the time of settling the issue.
Zakłady Automatyki POLNA S.A.
ul. Obozowa 23
TEL: 16 678 66 01
FAX: 16 678 65 24
FAX: 16 678 37 10
KRS: 0000090173 z dnia 12.02.2002 r.
Sąd Rejonowy w Rzeszowie,
XII Wydział Krajowego Rejestru Sądowego
REGON: 650009986 NIP: 795-020-07-05 BDO: 000030128
KAPITAŁ ZAKŁADOWY: 5.379.435,80 PLN
KAPITAŁ WPŁACONY: 5.379.435,80 PLN
NUMER KONTA BANKOWEGO: Santander Bank Polska S.A 88 1500 1634 1216 3005 5238 0000