General terms and conditions

//General terms and conditions
General terms and conditions 2017-05-12T12:43:42+00:00

General terms and conditions

GENERAL TERMS OF SALE
 
ENQUIRY – INFORMATION CARD

DEFINITIONS

The company shall mean TUBES INTERNATIONAL® Sp. z o.o. with registered office at Bystra Street 15a, 61-366 Poznan, entered to National Court Register (KRS) kept by District Court in Poznan, VIII Commercial under the number: 0000124055, VAT number: 781-00-46-084, share capital: 275000 PLN.

The customer shall mean a buyer who made an agreement to purchase products from the company (verbal or written agreement).

The order shall mean a stated intention to buy specific products or services.

The products shall mean the subject of an agreement between the customer and the company.

Standard terms of sale of products and services offered by the company are stated in the conditions given below. No other terms will apply unless the parties agreed in writing. The conditions of sale are also available at our website and in all branches of the company.

GENERAL GUIDELINES

Catalogues, brochures, price lists and other publications about products offered by the company are issued only by means of indication and should not be treated as trade offers as stated by the Polish law. Product samples should be treated as trial and display materials. All technical data included in the catalogues, price lists and other advertising materials are approximate only and are not binding unless clearly stated in an agreement. The company owns copyright to all documents. The customer must provide information needed to complete an order successfully. It is customer’s responsibility to provide details of working conditions in which ordered items will be used, the quantity and the precise name and address of both the purchaser and the delivery point. The acceptation of the conditions of sale when placing the first order means subsequent accepting them at all following orders if the customer maintains regular trade relations with the company.

SALE OPTIONS

Two ways of sale of products and services are available:

  • direct sale in the company branches,
  • mail order when the goods are delivered by forwarders.

PLACING AN ORDER

Placing orders can be done in two ways:

  • verbally where a signature is a confirmation or in a written form both during direct sale,
  • in a written form, by fax or email when using mail order.

When an order is placed, code numbers and precise names of products must be taken from our latest catalogue. If an order concerns an offer made earlier, the number of that offer must be included in the order. Following the above standards allows for precise and fast completion of an order. The customer is always responsible for giving the correct data both in an order and in documents enclosed in an order. Each time an order is submitted a written confirmation is sent (by fax or email) within 7 days from the date of its submission unless agreed differently. Execution of an order starts either when confirmation is sent or according to the agreements of a contract, but not earlier than before all necessary documents are delivered by the customer and before the payment conditions are met.

Delivery date is considered to be reached if the products left the warehouse by the agreed time or the purchaser was acknowledged that the goods are ready to be sent. The delivery date can be postponed by reason of a force majeure. The force majeure is the appearance of obstacles that are not caused by the company and cannot be overcome in any way. The company acknowledges the customer immediately if any of the above happens and tells the expected date of delivery.

DELIVERY

The company is obliged to deliver the products that meet the conditions outlined in the confirmation of an order, which include delivery date, quantity, type of products and price. Any changes made in the delivery conditions require written approval. When the products are passed to the customer from the company warehouse or are taken by forwarders, all responsibility regarding any gains or burdens connected with the products and danger of its accidental loss or damage are transferred to the customer. Delivery charges are not included in the product prices. The products are delivered by forwarders at the expense of the customer to the address indicated in the customer’s order. The products delivered by the company remain the property of the company until the payment is made. The company reserves the right to choose a forwarder and to refuse the return of any products that are sent back by the customer without any prior notice.

PAYMENT

Payment options:

  • by cash or cheque (in case of a mail order, payment is collected by forwarders),
  • money transfer within 7 days from the date of an invoice),
  • money transfer (within 14 days from the date of an invoice)..

Any other conditions of payment are agreed upon individually with a Sales  Department Manager. Money transfer is available for customers who have already bought products from the company and provided following:

  • valid extract from National Court Register (KRS) or Business Activity Register,
  • copy of VAT number or REGON statistical number,
  • a completed money transfer application (available in our branches and at www.tubes-international.com).

If the customer does not pay on time or exceeds credit limit, execution of orders paid with money transfer will be suspended until all overdue payments are made by the customer.

In case of overdue payments, the company has a right to:

  • demand from the customer to pay interest for default,
  • withdraw a contract and demand to return products,
  • suspend order execution,
  • suspend money transfer orders and withdraw granted discounts,
  • suspend all allowances the customer is entitled to having the customer credit.

PRODUCT QUALITY AND WARRANTY

The company guarantees meeting all technical parameters of offered products. These technical parameters are determined by the information outlined in the sale correspondence (enquiry, offer, order, order confirmation). The customer is fully responsible for providing correct and detailed information regarding all technical parameters (working conditions) of ordered products. Proper attests, certificates, letters of conformity or other documents that confirm product quality are provided with the product if such a requirement was stated in the order. There can be additional charge for those documents. The company will not accept liability in the event of product failure caused by mechanical damage, abuse of the products or when incorrect technical parameters of the products were provided by the customer. The company is not responsible for faults resulting from defects not lying in the product itself. In particular it is not responsible for faults resulting from accidental damage or its results, damage done by incorrect handling or storage by the customer or design and implementation mistakes  performed  by  the  third  party. The  warranty  shall  not  apply  to  defects  resulting  from  incorrect  usage  or modifications of the products performed by the purchaser or the third party. In case of justified claims in virtue of defects, the company will not accept liability to compensate lost profits, production loss, etc.

In case of machines and equipment sold by the company, the warranty conditions are stated in a warranty card.

COMPLAINT PROCESS

Lodging a complaint does not entitle the customer to defer payment for the purchased goods or for its part. The company has a right to postpone the performance of provisions of a claim until all overdue payments are settled.

The ground to lodge a complaint is an immediate complaint in writing to the company. The complaint must include a detailed specification of the defect along with all documents justifying the complaint. We aim to resolve all complaints within 14 days of a receipt. If performance of tests, examination or repair at manufacturer is needed, the complaint is to be resolved at longer time agreed by both sides. The customer shall be informed about the outcome of the complaint by mail, fax or verbally by an authorized employee of the company or in any other agreed upon way. If a complaint is acknowledged and delivery of defect-free products is agreed, the goods which are the subject of a complaint should be sent back to the company. If the complaint is resolved in any other way, the company shall repair the defective product. The customers do not have a right to eliminate defects themselves or have someone else repair it at the expense of the company.

FINAL STATEMENTS

We do not allow the cession of rights resulting from any agreement with the company to the third party without the written permission of the company. For an agreement to be completed, the customer has to accept the right of the company to process personal data for marketing purposes. For issues not settled hereunder Polish law applies.
The company shall try to settle all disputes resulting from the agreements between the company and the customer out of court. If the dispute is not settled out of court, a court assigned to the city of Poznan decides.