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General sales conditions

 

The General Sales Conditions are an integral part of agreements of sales and services executed by BE FENCED as well as all companies cooperating and having authorizations by BE FENCED.

I. DEFINITIONS

  1. GSC – General Sales Conditions.
  2. Seller – BE FENCED or authorized distributor.
  3. Purchaser – business entity or private person.

II. GENERAL DATA

  1. Placing a confirmed order or signing a cooperation agreement means that the purchaser has accepted all GSC.
  2. A seller’s commercial offer is a document informing the purchaser of the order realization conditions at the same time.
    BE FENCED guarantees a 7-day offer validity period.
  3. The transaction is realized after placing a written order by the purchaser personally or by e-mail, legibly signed by an authorized person.
  4. The order must include the following data.
    – purchaser’s personal data
    – kind of product
    – amount
    – realization time-limit
    – address of investment and way of delivery
    – price, form and payment time-limit
  5. The realization time-limit runs since a day of confirming the order by the seller.
  6. The purchaser is obliged to collect the ordered product without delay within the fixed time-limit.
  7. If the realization time-limit is not kept by the seller due to vis major, the purchaser has no right to claim for damages.
    The vis major events include among other things:
    – disasters.
    – strikes.
    – breaks in the functioning of the plant not caused by the seller.
    – breaks in deliveries of raw materials necessary for production not caused by the seller.
  8. When the order includes the fence installation service, the purchaser is responsible for ensuring a free realization of the works within the agreed time and place.
  9. All changes in the order may be done in writing within up to 3 days since confirming the order by the seller. After this time any errors in the order charge the purchaser.
  10. The purchaser is obliged to know parameters and purpose of the ordered product.
    The seller delivers the product according to the order and does not assume responsibility for is further use, especially, for the use incompliant with its purpose.
  11. Leaflets, advertising activities, folders, exhibitions are only illustrative actions. The seller reserves the right to introduce technical changes improving the quality and functionality of its products without notifying the purchaser. However, these changes cannot affect the agreed price of the product.

III. PAYMENTS AND PRICES

  1. The price for the ordered product is determined every time in the order’s confirmation.
  2. The purchaser is obliged to pay for the product or service within the time-limit agreed in the order’s confirmation.
  3. The payment is deemed executed when the means are transferred to the seller’s bank account or whey they are paid at the cashier’s window.
  4. When the product is sold with the installation service the payment for the product must be done before its delivery to the site. However, the payment for the installation should be done after the commissioning report is signed by the purchaser.
  5. Lodging a claim does not relieve the purchaser of an obligation of a prompt payment.
  6. When the payment time-limit is not kept, the seller has the right to count interest for default at the amount foreseen by the legal act.
  7. The purchaser becomes an owner of the product after the complete payment (paragraph 589 of the Civil Code)
  8. In case of unjustified refusal of collecting the ordered product or withdrawal of the order by the purchaser after the date of its placing (general data p. 9) the seller has the right to charge the purchaser with a contractual penalty at the amount of 100% of gross value of the order, including paid advance or down payments.

IV. IMPORTANT INFORMATION

  1. The technical commissioning of the fence is carried out inspecting its elements from a distance of minimum 3 meters in a bright, preferably sunny day.
  2. Small cracks or scratches arising during the installation and repaired are not subject to be claimed.
  3. To remove small defects, the seller gives a stick in a colour to every product, small repairs should be done using this stick.
  4. Swelling, light roughness of painted surfaces that may appear on the seller’s products is a result of hot-dip galvanizing and not subject to be claimed.
  5. The hot-dip galvanizing is not a process improving the product’s aesthetics but only extending its lifetime significantly.
  6. All the seller’s products have technological holes at the bottom, invisible after the installation, from which drips may escape during the operation
    The drips may leave stains on the foundation or paving stones. It is recommended to remove possible stains with water and detergent once a year at least when cleaning and maintaining the fence.
  7. All welded connections are executed, using a MIG method according to the standard PN – EN ISO 3834 – 4. At the purchaser’s request, the seller may execute the welded connections according to the other standard provided that a record of such a change is done in the purchaser’s order and it is accepted by the seller in the order’s confirmation.
  8. Limy efflorescence and small cracks may appear on the surface of concrete during its curing.

V. RESPONSIBILITY AND CLAIMS

  1. The seller grants the purchaser a warranty for 36 months since the issue date of invoice.
  2. The seller bears full responsibility for the product
    – When ordered with transport
    till the moment of delivery to the delivery place.
    – When collected by the purchaser
    till the moment of giving out from the warehouse.
  3. The seller grants a full warranty for the product on the following conditions.
    – The fence is installed by an installer authorised by the seller
    – The purchaser orders an authorised seller to carry out annual service inspections.
  4. Only an uninstalled product may be a subject-matter of the claim.
  5. The purchaser is obliged to carry out a qualitative and quantitative acceptance of the delivered product, personally or by means of an authorised person, and confirm the acceptance with a legible signature in the delivery documents.
  6. When any defects are noticed, the purchaser is obliged to prepare a qualitative and quantitative report together with a person delivering the product, and inform the seller of this situation without delay.
  7. The product is deemed automatically accepted if no claims are lodged within 3 days since the delivery date.
  8. The seller does not admit the claims concerning defects which should be discovered as a result of the inspection at the delivery and which have not been inspected.
  9. The claims concerning qualitative latent defects that could not be stated at the delivery should be lodged to the seller in writing after their discovery, however, not later than 45 days since the delivery date. After this time-limit the deliverer’s responsibility expires.
  10. The seller is responsible only for the defects caused by his gross negligence or a production fault that is proved properly by the purchaser. In this case, the seller’s responsibility is limited to 100% of the invoice value for defective or damaged products.

VI. PRODUCT RETURN

  1. The product may be returned only when the return is agreed earlier with the sales department of the seller and this fact is confirmed in writing.

VII. DISPUTABLE MATTERS

  1. The provisions of the Civil Code and the legal act on the terms of payment in commercial transactions (Journal of Laws No. 139 of 12 06 2003) are applicable to the issues not regulated by the provisions of the GSC.
  2. Both, the seller and the purchaser shall strive for an amicable settlement of any disputes. When no agreement is achieved, an appropriate court to settle a dispute is a common court proper for the City of Łódź.

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