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Whenever reference is made to:
Deliveries to the Purchaser may only be made as a result of an order issued by the Purchaser, which the Seller shall confirm by e-mail.
If an order is accepted for fulfilment, the Seller is obliged to confirm its acceptance to the Purchaser, together with the price and delivery date, within 3 days of receipt of the order. If the order is confirmed at a later date, the Purchaser may decide whether it is still committed to the execution of the order placed or whether it abandons the purchase.
The Seller is obliged to include the Purchaser's order number and the symbols, details and markings contained in the order on all documents and correspondence relating to the fulfilment of the order and the delivery of the Goods.
The Seller declares that the Goods are its property, are free from physical and legal defects, and, in particular, are not subject to lien, are free from rights and claims of third parties and are not subject to any enforcement proceedings.
The Seller declares that the Goods do not infringe any rights of third parties under patents, trademarks, copyrights or any other intellectual property rights, and their production and sale is not conducted in violation of the principles of fair competition, and is conducted in accordance with the applicable legal order.
The validity of the Seller's contractual patterns (e.g. general terms and conditions, rules and regulations) shall be excluded, even if they are attached to the order or referred to in the order by the Seller.
The Seller is obliged to deliver the Goods at its own expense to the Purchaser, unless otherwise agreed.
Each time the Seller is obliged to announce the delivery by sending a Stock Issue Confirmation document and details of the carrier to the following addresses: zaopatrzenie@temared.com and addresses resulting from the place of unloading: deliveries to Al. Lotników Polskich 1: dostawy@temared.com deliveries to ul. Kuźnicza 6: lider.wm@temared.com, wysylki.wm@temared.com, magazyn.kuznicza@temared.com.
Together with the delivery of the Product to the Purchaser’s address, the Seller is obliged to provide the Purchaser with: a ) specification of the delivered Goods in the form of a Stock Issue Confirmation document, b ) invoice - sent directly to the address: faktury@temared.com c ) quality control certificate - if required.
The absence of the documents referred to in §3 item 2 shall be deemed by the parties to be non-performance of the contract and shall entitle the Purchaser to realise any claims resulting from non-performance or improper performance of the obligation specified in §4 and §6 or to: a ) send back the Goods in order to complete the missing documents at the Seller's expense; b ) postpone the date of payment, which shall be counted from the date of rectifying the deficiencies.
If the lack of documents referred to in §3 item 2 shall be found after acceptance of the Goods by the Purchaser upon acknowledgement of receipt, the Purchaser shall notify the Seller of this fact setting the deadline for rectifying the deficiencies. If the Seller does not rectify the deficiencies within the designated time limit, the Purchaser shall be entitled to apply the measures indicated in §3 item 3.
The specification attached to the shipment must absolutely agree with the type and quantity of the Goods delivered to the Purchaser. Otherwise, the Purchaser reserves the right to send the entire consignment back to the Seller at the Seller's expense to rectify the discrepancy.
For the time of transport, the Goods must be protected against corrosion and mechanical damage - other conditions of protection are to correspond to those individually indicated by the Purchaser.
In the event that the Seller delays the delivery of the ordered Goods in relation to the dates specified by the Purchaser in the order and accepted by the Seller for implementation, the Purchaser is entitled to: a ) withdraw from the agreement for reasons attributable to the Seller; b ) charge contractual penalties amounting to 3% of the price of the Goods for each day of delay.
If the Purchaser withdraws from the agreement for reasons attributable to the Seller, the Purchaser shall be entitled to charge the Seller a contractual penalty of 30% of the price of the Goods.
If the contractual penalties specified in the agreement do not cover all the damage suffered by the Purchaser, the Purchaser shall have the right to seek supplementary damages on general terms.
If the Seller performs defective Goods from material entrusted by the Purchaser, the Purchaser shall be entitled to charge the Seller with the costs of the entrusted material and all costs resulting from the entrustment and related to production delays.
The Purchaser reserves the right to control the production process and to control the quality acceptance at the Seller’s.
Any ambiguities concerning the drawings or identification of catalogue Goods shall be clarified by the Seller with the Purchaser before the order is executed.
The Product must be marked in a way that enables its unambiguous identification. For Goods manufactured according to documentation, their marking must be in accordance with the description on the documentation. Markings must be done on a tag.
It is permissible to pack small Goods in sets, attaching a label with the number of the item and the number of pieces in the package.
All Goods, regardless of the requirements resulting from the documentation, shall be of high aesthetic quality.
The Goods shall be delivered to the Purchaser clean, washed, without any contamination or traces of substances from the technological process.
The invoice or the specification attached to it shall include the order number in accordance with §2 item 3.
Invoices sent electronically shall be sent to the e-mail address: faktury@temared.com. Invoices sent to a different address shall not be effectively delivered to the Purchaser and in such a case the time limits for payment of the amounts due under the invoices shall not run.
Payment for invoices shall be made by bank transfer, within the period agreed upon, calculated from the date of delivery of the Goods and delivery of the invoice to the Purchaser as indicated in item 3, unless other arrangements have been made.
Deviations from the terms and conditions agreed on the order entitle the Purchaser to apply for a reduction of the selling price, issuance of a correcting invoice and at the same time oblige the Seller to reduce the selling price of the Goods and issue a correcting invoice.
The condition of payment is the delivery of the Goods and correct issuance of an invoice in accordance with the order.
The Seller hereby undertakes to maintain secrecy and not to disclose to third parties, directly or indirectly, any information, materials and documents which came into his possession in the course of works related to the performance of the order, and to use them only for the purpose of its performance.
The disclosure of information, materials and documents referred to in §8 item 1 shall also be deemed by the Purchaser as: a ) culpable, as a result of inadequate security, any loss (also as a result of theft) of information, materials and documents and their disclosure, as a result of such loss, to an unauthorised person, b ) any unauthorised disclosure of Confidential Information by the Seller's employees.
The Seller shall limit the disclosure of information, materials and documents only to its employees related to the execution of the order. At the same time, the Seller shall inform its employees to whom it has disclosed information, materials and documents of its obligation not to disclose them in accordance with these terms and conditions, as well as of its obligation not to use the information, materials and documents for their own benefit.
The parties agree that the Seller shall inform the Purchaser of any attempt to extract information, materials and documents by unauthorised persons or entities. The Seller shall also make due efforts to protect the obtained information, materials and documents from unintentional acquisition by unauthorised persons or entities.
In the event that the Seller's employees violate the prohibition on disclosure of information, materials and documents set out in this agreement, the Seller shall be obliged to take steps provided by law to enforce compliance with the provisions of this agreement.
The above conditions of confidentiality shall also apply after the termination of cooperation for a period of 5 years.
In the event of a dispute arising in connection with the performance of this agreement, the parties shall submit it to the Court having jurisdiction over the Purchaser's registered office.
Informacje zawarte na stronie internetowej nie są prawnie wiążące i nie stanowią oferty handlowej, w tym w rozumieniu art. 66 § 1 prawa cywilnego. Zdjęcie lub render produktu może odbiegać od jego rzeczywistego wyglądu i ten fakt nie może stanowić podstawy zgłoszenia reklamacyjnego.
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