General Conditions of Sale and Delivery
§ 1. General provisions
1. General Conditions of Sale and Delivery are the general conditions of the contracts within the meaning of art. 384 of the Civil Code and they are used by M & M Rulak (hereinafter referred to as Seller) with its registered office at Słupca, 62-400 (post code) Kotunia 99, NIP 6670004575. General conditions are an integral part of the contracts and are binding upon both parties to the contract, if they do not agree otherwise in writing. Any changes, additional agreements, suspension or termination of conditions require written permission from M & M Rulak.
2. General Conditions of Sale and Delivery (hereinafter referred to as „GCSD”) are an integral part of all the sale contracts with M&M Rulak.
3. Terms of the buyer do not apply, unless otherwise agreed in writing.
4. Placing an order means an accepting of the „GCSD”.
§ 2. Definition
References in this Contract mean:
1. „GCSD”– General Conditions of Sale and Delivery
2. ”Seller” – M&M Rulak with its registered Office in Słupca 42-400, Kotunia 99, NIP 6670004575.
3. ”Customer” – Any legal entity, a natural person, an organizational unit without legal personality, which sent the order to the Seller from the offered products.
4. ”Offer” – Proposal for the sale of goods with clearly defined conditions under which the sale would take place.
5. ”Order” – a statement of the customer or persons duly authorized to act on his/her behalf, addressed to the Seller, including acceptance of the offer and wish to enter into the contract and the essential elements of the contract of sale, ie. a type of goods, quantity and price.
§ 3. Offers and orders
1. The maximum time of the the offer is always determined by the Seller and the Customer to whom the offer is addressed.
2. All commercial offers for the Seller are submitted without commitment.
3. The contract is effective upon a written submission by the Customer.
4. E-mail or text message addressed to the Seller is also recognized as a written submission of the offer.
§ 4. Prices and payment
1. If not agreed otherwise, prices given by the Seller do not include transportation costs.
2. The prices in the offer are quoted in PLN (Polish zlotys) or Euro.
3. Unless otherwise agreed, the Customer is obliged to pay a total contract value of the deliveries on the date specified on the invoice received.
4. If the Customer fails to comply within its payment obligations, he will be considered in law as in default. In this case, the Seller has the right to charge the Customer with statutory interest.
§ 5. Delivery condition
1. Delivery of goods takes place at the moment of receipt of goods by the Customer or its designated carrier from the warehouse of the Seller.
2. If the Customer does not specify a carrier in the contract, the Seller may freely, with due diligence, choose the carrier and the conditions of carriage at the expense of the Customer.
3. If the Customers determines the carrier, he/she is obliged to fulfill all the paperwork connected to transport.
4. From the moment of handing over and loading the products/goods to the Customer or the carrier, the Seller shall not be liable for damage in the cargo and its packaging.
5. Seller will send immediately (after handing over of the goods to the carrier) the sales document (invoice with CMR) to the Customer via e-mail, if the Customer expressly requests, also by mail.
6. Any terms of receipt or delivery as agreed between the Customer and the Seller are only approximate. Seller is not responsible for the consequences of delays in delivery, if transport is organized by the Customer.
§ 6. Gwarancje i reklamacje
1. Seller warrants that the products which are the subject of the contract will correspond to the requirements of the relevant EU legislation relating to i.e. fresh vegetables.
2. Seller is not responsible for damages caused by improper transportation, storage and disposal of the delivered goods.
3. Customer shall receive from the Seller any information regarding the ordered goods to the best knowledge of the Seller.
4. The Customer is obliged to confirm receipt of goods and carefully check their status (quantitative and qualitative reception) on the day of receipt. In the event of non-compliance the Customer shall immediately notify the seller.
5. If the delivery takes place by the carrier, the shortcomings in quantitative and/or damage to the goods or other must be stated in the form of a protocol on the date of receipt/delivery by an authorized person within the meaning of § 2 point 2 of the document and driver who transported the abovementioned goods.
6. Within the meaning of § 2 point 3 signing WZ and/or transport documents (CMR), without any additional note, by authorized persons or the carrier means the receipt of goods without quantitative and/or damage reservations.
7. In the case of receipt of goods from Seller’s warehouses by the Customer’s means of transport, the seller is not liable for quantitative deficiencies when the weight of the loaded goods is consistent with the ordered quantity.
8. Complaints concerning defects in the delivered goods must be reported to the Seller immediately after their discovery, but no later than within 3 days of receipt of goods (due to the nature of the product in comparison with other goods).
9. In case of complaint, compensation for damages incurred by the Customer paid by the Seller cannot exceed the invoice value of the products delivered, provided that the fault lies with the Seller, or if the Seller has committed a willful neglect.
§ 9. Final provisions
1. Customer accepting these GCSDs consents to the processing of his/her personal data by the Seller to perform the contract, as well as to marketing purposes related to its activities.
2. Customer is entitled to all rights resulting from the provisions of the Civil Code.
3. Any disputes that may arise between the parties shall be settled by the court competent for the Seller.
4. In case of any disagreement on the meaning and / or interpretation of the provisions (GCSD) hereof, text in Polish will be decisive and binding.