GENERAL TERMS OF SALE
Standard terms of sale of products and services offered by TUBES INTERNATIONAL Sp. z o. o. are stated in the conditions given below. These terms apply to every offer and agreement between Tubes International Sp. z o. o. and a purchaser in so far as the parties have not changed these terms (separate terms always in a written form).
Catalogues, brochures, leafl ets and other publications about products offered by TUBES INTERNATIONAL 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 mentioned in catalogues, price lists and other advertising materials are of informative character and are not binding; the qualities of the goods ordered may deviate from the technical data unless clearly stated in an agreement. TUBES INTERNATIONAL has copyrights to all documents. The purchaser is obliged to provide information needed to complete an order successfully. One has to provide details concerning 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.
WAYS OF SALE
Two ways of sale of products and services are available:
PLACING AN ORDER
Placing orders can be done in two ways:
When an order is placed, code numbers and precise names of items ordered should be taken from the catalogue. If an order concerns an offer made earlier, the number of that offer has to be included in the order. Following the above standards allows for precise and fast completion of an order. An ordering side is always responsible for the correctness of the data used both in an order and in documents enclosed in an order. Each time an order is submitted a written confi rmation is sent (by fax or mail) within 7 days from the date of its submission unless agreed differently. Execution of an order starts either when confi rmation is sent or according to the agreements of a contract, but not earlier than before all necessary documents are delivered by an ordering side and before the payment conditions are met. Delivery date is considered to be reached if the goods (that are to be delivered) 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 in case of superior force. Superior force is the appearance of obstacles that are not caused by TUBES INTERNATIONAL and can not be overcome in any way. TUBES INTERNATIONAL will inform the purchaser immediately if any of the above happens and tell the expected date of delivery.
TUBES INTERNATIONAL is obliged to deliver the goods that meets the conditions outlined in the confirmation of an order, which include delivery date, quantity, type of the goods and price. Any changes made in the delivery conditions require written approval.
When the goods leave TUBES INTERNATIONAL warehouse or are taken by a forwarders, all responsibility regarding any gains or burdens connected with the goods and a danger of its accidental loss or damage are transferred to the purchaser. The value of the goods does not include delivery costs. The goods are delivered by forwarders at the expense of the purchaser at the address indicated in the order. The goods delivered by TUBES INTERNATIONAL remain the property of Tubes International until the payment is made. TUBES INTERNATIONAL reserves the right to choose a forwarders and to refuse to accept the goods that are sent back without any earlier agreement.
Any other conditions of payment are agreed upon individually with a Sales Department Manager.
If the purchaser does not pay on time or exceeds credit limit, order execution will be suspended until all payment
obligations are fulfilled by the purchaser.
In case of delayed payment, Tubes International has a right to:
PRODUCT QUALITY AND WARRANTY
TUBES INTERNATIONAL guarantees fulfilling all technical parameters of offered products. These technical parameters
are determined by the information outlined in the sale corespondence (enquiry, offer, order, order conformation).
The purchaser has to provide correct and detailed information regarding all technical standards (working
conditions) of offered 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. Providing the above mentioned documents may be subjected to a payment.
TUBES INTERNATIONAL is excluded from the warranty in the event of mechanical and malicious damage or when incorrect technical parameters regarding working conditions of purchased goods were provided.
TUBES INTERNATIONAL is not responsible for faults of offered products resulting from defects not lying in the
product itself. In particular it is not responsible for faults (of offered products) resulting from accidental damage or
its results, damage done by incorrect handling or storage by the purchaser or design and implementation mistakes
performed by the third party. The supplier bears no responsibility under the warranty to defects arising from incorrect
usage (negligence of working temperature, working pressure or the medium to be transported) or modifications
of the goods performed by the purchaser or the third party. In case of justified claims in virtue of defects, TUBES
INTERNATIONAL takes no responsibility to compensate lost profits, production loss, etc.
In case of machines and equipment sold by TUBES INTERNATIONAL, the warranty conditions are stated in a warranty card.
Lodging a complain does not entitle the purchaser to defer payment for the purchased goods or for its part. TUBES INTERNATIONAL has a right to postpone the performance of provisions of a claim until all overdue payments are settled.
The ground to lodge a complain is an immediate complain in writing to Tubes International. The complaint must include a detailed specification of the defect along with all documents justifying the complaint.
All complaints are examined by Technical Department of TUBES INTERNATIONAL.
We aim to resolve all complaints within 14 days of a receipt. If performance of tests, expertises or repair at manufacturer is needed, the complaint is to be resolved in longer, agreed by both sides time. The result of each and every complain is send to the purchaser in a written form.
If a complaint is acknowledged and a delivery of defect-free products is agreed, the goods which are the subject of a complaint should be sent back to TUBES INTERNATIONAL. The purchaser do not have a right to eliminate defects by itself or by the third party at TUBES INTERNATIONAL expense.
We do not allow the cession of rights resulting from any agreement with TUBES INTERNATIONAL to the third party without a written agreement. When making an agreement, the purchaser accepts the right to process personal data for marketing purposes. For issues not settled hereunder Polish law apply.
TUBES INTERNATIONAL is to settle all disputes resulting from the agreements between TUBES INTERNATIONAL and the purchaser out of court. If the dispute is not settled out of court, a court assigned to the city of Poznan decides.