§1 General principles
1. These Terms and Conditions of Sale shall apply to all transactions involving the supply of goods or services by Dobplast Sp. z o.o. with its registered office in Osielsko, Szosa Gdańska 48, 86-031 Osielsko, KRS 0000733342, share capital 350000.00 PLN. Exclusion of validity or amendment of the Terms and Conditions may be made only in writing otherwise it shall be null and void.
2. The Terms and Conditions are available at https://www.dobplast.pl/en/terms+of+cooperation
3. At the Buyer's request, Dobplast Ltd. will deliver the Terms and Conditions in email or paper form.
4. Submission of an order by the Buyer shall be deemed acceptance of the Terms and Conditions of Sale.
§2 Orders
1. Orders should be placed by email to biuro@dobplast.pl. In the case of telephone orders, the Buyer assumes all risks of errors arising from this form of communication, in particular, the Parties make a presumption that the quantity, price and characteristics of the goods resulting from the documents prepared by Dobplast sp. z o.o after acceptance of the telephone order (e.g. invoices, specifications, order confirmations, etc.), are in accordance with the will of the Parties.
§3 Prices
1. Prices quoted in the offer and order confirmation are always net prices, and VAT shall be added to them, if provided for by applicable law and in the amount resulting from these regulations.
2. EXW terms are applied, which means in particular that the price does not include transport costs.
§4 Payment
1. Invoices are payable within the period indicated on the vat invoice.
2. With the first three purchases Dobplast Sp. z o.o. requires 100% prepayment in order to be bound by the order.
3. In the course of further cooperation Dobplast Sp. z o.o. may agree with the customer different payment terms. Regardless of the granting of a possible credit limit during the course of cooperation, Sp. z o.o. may, when confirming the order, demand a partial or full prepayment without indicating the reason.
4. In the case of any delay in payment, the Buyer shall be obliged to make prepayment for subsequent deliveries, and any agreement to the contrary shall cease to be binding on the parties.
5. Submission of complaints or making other claims by the Buyer does not entitle him to withhold payments due to Dobplast Sp. z o.o.
§5 Warranty and guarantee
1. All products supplied by Dobplast Sp. z o.o. are covered by a 24 month manufacturer's warranty from the date of sale.
2. The parties exclude warranty for defects Dobplast Sp. z o.o. as to goods and services sold by Dobplast Sp. z o.o.
3. The Buyer's claims under all titles are limited to the value of the delivery to which the damage is related. Dobplast Sp. z o.o.'s liability is limited to the ordinary foreseeable consequences of Dobplast Sp. z o.o.'s acts or omissions.
4. Any claims by the Buyer for defects in the goods (in particular claims for consequential damages) are excluded.
5. If the Buyer could raise claims for damages also against members of the board, employees or subcontractors of Dobplast Sp. z o.o. the limitations of liability contained in sec. 3 and 4 also apply to members of Dobplast Sp. z o.o.'s board, employees or subcontractors.
6. Liability of Dobplast Sp. z o.o. for delayed delivery is in each case limited to the value of the goods whose delivery has been delayed. Notwithstanding the above limitation, Dobplast Sp. z o.o. shall only be liable for delay if the delay has occurred due to intentional fault or gross negligence of Dobplast Sp. z o.o. employees.
7. Interference with products supplied by Dobplast Sp. z o.o. by persons not authorized to do so shall void the warranty.
8. The warranty covers defects inherent in the products, but does not cover in particular:
a) mechanical damage caused by negligence not attributable to Dobplast Sp. z o.o.
b) mechanical damage resulting from fortuitous situations (e.g. acts of vandalism, stones lying on the road, vehicle traffic that should not normally take place, e.g. military vehicles equipped with tracks, construction machinery).
c) chemical damage (e.g., the effects of cleaning products with inappropriate chemicals).
d) damage caused by external forces (e.g., lightning).
e) occurrence of corrosion of cast iron (corrosion of cast iron is a natural process, which after it is covered with a layer of iron oxide significantly slows down, without having a technical impact on the use during the useful life of the product.
f) damage caused by malfunctioning of self-powered products due to insufficient insolation of photovoltaic cells caused, among other things, by their installation in the forest or in the vicinity of tall buildings casting shade (no LEDs shining or poor LED shining).
g) damage caused by improper installation of the product or improper operation.
§6 Delivery
1. If it does not appear from the written confirmation of the order that the established delivery dates are of a non-extendible nature, it is assumed that the dates are indicative. Dobplast Sp. z o.o. will endeavor to make the delivery within the agreed date.
2. If not otherwise apparent from the written order confirmation, partial deliveries are permitted. If, as a result of partial deliveries, transport costs increase, they shall be covered by the Party for whose reason the delivery was split.
3. Dobplast Sp. z o.o. shall not be liable for delay caused by force majeure, which shall be considered in particular wars, riots, terrorist acts, natural disasters, strikes, technical failures and other disruptions of operations and communication failures and accidents involving goods, as well as conditions and events that delay transportation.
4. Force majeure shall also be considered the actions of authorities, in particular, the establishment of restrictions on the circulation of goods or their transportation.
5. A delay in delivery shall not constitute grounds for refusal of goods by the Buyer.
§7 Reservation of ownership
1. The delivered goods remain the property of Dobplast Ltd. until the total price is paid.
§8 Complaints
1. Complaints about quantity, in order to be effective, must be sent to Dobplast Ltd. within 7 days from the date of delivery, under pain of termination of Buyer's rights thereunder.
2. The Buyer is absolutely obliged to check the goods before each use/assembly. Any confusion involving the use of the wrong goods, e.g. due to their similarity, cannot constitute grounds for claims for damages against Dobplast Sp. z o.o.
3. Complaints, with the exception complaints of quantity, should be submitted within 14 days from the discovery of the defect to the email address biuro@dobplast.pl.
4. Complaint will be considered within 30 days from the delivery of the defective product to the manufacturing plant of Dobplast Sp. z o.o., 2A Filmowa St., 85-836 Bydgoszcz, Poland
§9 Personal data protection
1. The administrator of your personal data is: "DOBPLAST" Spółka z ograniczoną odpowiedzialnością based in Osielsko 86-031, 48 Szosa Gdańska Street, Poland tel. 0048 500 720 700, e-mail: biuro@dobplast.pl.
2. Information Clause No. 1 ("GDPR") for contractors, business partners, suppliers, customers of Dobplast Sp. z o.o. is available on the website www.dobplast.pl under the tab http://www.dobplast.pl/en/gdpr.
3. The Buyer declares that he has read the Information Clause No. 1 ("GDPR").
4. Information clause No. 2 ("GDPR") for employees, service providers, representatives and attorneys of contractors of Dobplast Sp. z o.o. and employees, service providers, representatives and attorneys of business entities cooperating with contractors of Dobplast Sp. z o.o. - is available on the website www.dobplast.pl under the tab http://www.dobplast.pl/en/gdpr.
5. The Buyer undertakes to provide information clause No. 2 ("GDPR") to its employees, service providers, representatives, attorneys and business entities cooperating with the Buyer for the implementation of the contract concluded with Dobplast Sp. z o.o.
§10 Final provisions
1. In case the Buyer applies its own general terms and conditions of purchase and delivers them to DobplastSp. z o.o., they are valid to the exclusion of provisions contrary to these terms and conditions. In order to agree on the standards applicable between the Parties, the Parties should enter into negotiations to conclude a framework agreement.
2. If individual provisions of these general terms and conditions become legally invalid or unenforceable, the legal effectiveness of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the provision that is economically closest to the purpose intended therein by Dobplast sp. z o.o.; the same applies to a gap in the regulations.
3. Any disputes concerning the execution of contracts covered by the Terms and Conditions shall be resolved by the court having jurisdiction over Dobplast Sp. z o.o.
4. The above rules of cooperation shall be effective as of January 1, 2019 for all orders placed by the Buyer after this date, until the General Terms are amended or otherwise agreed upon by the parties in writing or shall be null and void.