General terms and conditions of sale

Last updated: 2024.09.29

1) General provisions

a) This document, General Terms and Conditions of Sales (hereinafter referred to as GTS) defines the rules of concluding sales agreements of goods and services offered by MOVIMET AIR Romuald Moździerz, NIP 6171541361; or MOVIMET Daniel Moździerz, NIP 6080126136; with its registered seat at Józefów 68, 63-313 Chocz, Poland, hereinafter referred to as the Seller.

b) The provisions covered by GTS are an integral part of all contracts concluded between the Seller and an Entrepreneur, hereinafter referred to as the "Buyer", who is not a consumer within the meaning of the Civil Code, defining the rights and obligations of the Seller and the Buyer, unless the contract concluded in writing provides otherwise.

c) Seller and Buyer are hereinafter collectively referred to as "Parties".

d) Notification in writing or by e-mail of non-acceptance of the GTS by the Buyer may constitute grounds for cancellation of the Order by the Seller or refusal to accept the Order for execution.

2) Offers, orders and their execution

a) Quotations and orders should be sent to biuro@movimet.pl.

b) The Seller shall make every effort to ensure that the information on the properties, prices and availability of goods posted on www.movimet.pl is up-to-date and factually correct. However, this information does not constitute an offer, and the Seller reserves the right to withdraw from the conclusion of the sales contract in case of an error in the above information.

c) The price presented in the offer does not include the cost of packaging, the cost of transportation of the Goods to the Buyer, the cost of insurance in transit, or other costs associated with the dispatch, delivery or collection of the Goods - unless otherwise specified.

d) Unless otherwise specified, the validity of the offer is 14 days from the date of issue.

e) The Buyer may accept the offer presented by the Seller without reservation, reject the offer, or report to amend or supplement the contents of the offer.

f) Placing an Order for Goods and/or Services by the Buyer implies acceptance of the offer.

g) Placement of an Order does not bind the Seller until confirmation of its acceptance, and the absence of a response from the Seller, shall not mean "tacit acceptance of the Order", unless the Seller immediately proceeds with its execution.

h) Buyer is responsible for the accuracy of the data provided on the Order or in the documents attached to the Order. The Buyer may not refuse to accept the goods delivered in accordance with his Order. Provision of incorrect data in the Order or the Contract by the Buyer shall not constitute grounds for withdrawal from the Contract by the Buyer.

i) If the Buyer makes changes to the Order in relation to the contents of the offer received, the Order shall be subject to recalculation and clarification of its terms, and the Contract shall be concluded only upon confirmation in writing or by e-mail by the Seller of acceptance of the Order with changes or reservations. Failure to confirm such Order shall mean that the Contract has not been concluded. The Parties exclude all possibilities provided by law for tacit (implied) conclusion of the Contract.

j) Offered Order completion dates are anticipated dates, most probable in the opinion of the Seller taking into account the state of knowledge at the time of issuing the offer. These deadlines are not binding and their failure to meet them shall not constitute grounds for claims. If the expected completion date is exceeded by more than 30%, the Buyer is entitled to withdraw from the contract, provided that the subject of the contract is not a product made to the Buyer's special order.

k) The Seller stipulates that in the case of overdue payments, non-payment of interest for late payments and other actions to his detriment, the execution of pending Contracts and acceptance of subsequent Orders shall be suspended until the relevant payments are made, which shall automatically extend the execution time of the relevant Contract, and the Buyer shall not be entitled to any claims on this account against the Seller.

l) Any amendments to the Contract shall be made in writing, including those that may be made by e-mail, whereby any amendment to the terms of the Contract or separate arrangements shall be valid upon written confirmation by the Seller and shall apply exclusively to the business transaction in question.

m) The purchase of goods by the Buyer shall not constitute any basis for the use of the Seller's intellectual property, in particular reproduction, copying, reverse engineering. Any such activities are illegal and constitute an infringement of the Seller's intellectual property.

(n) Unless otherwise specified, painting of the products shall be performed on the exterior surfaces. Interior surfaces remain in raw state, traces of paint may appear on them.

o) Any illustrations, drawings, 3D models provided by the Seller are for illustrative purposes only, and unless otherwise stated in the offer or on the sales document, they do not constitute any kind of obligation related to the delivery. The Seller reserves the right to make design changes to products.

(p) For pipes, increased length tolerances apply due to metallurgical deviations in sheet width and the fact that the pipe edge is turned up in the case of pipes joined by ties. For pipes with welded flanges, the above tolerance is +30/-10 mm, while for pipes with turned-up edges it is +5/-15 mm for wall thicknesses up to 1 mm and +25/-15 for larger wall thicknesses.

3) Delivery

a) Any change made by the Buyer to the previously agreed terms of sale and delivery may result in the Seller postponing the previously agreed delivery dates.

b) The Seller's offers for goods are for delivery according to Incoterms EXW terms. According to the EXW rule, the goods are considered delivered and orders are considered fulfilled at the time the goods are released from the Seller's warehouse. Shipping is at the expense of the Buyer and at his risk. Arrangement of transportation, which may be included in the quotation or invoice as a separate item, is a separately performed, additional paid service, the performance of which does not change the understanding of the moment or manner of delivery of the goods.

c) The buyer is obliged to take delivery of the goods within the agreed term. Unless otherwise agreed, this deadline is 14 days from the communication to the Buyer about the possibility of collection. If this obligation is not fulfilled, the Seller reserves the right to deliver the goods at the expense and risk of the Buyer and/or to charge the Buyer for storage costs. The Seller may also withdraw from the contract of sale within 14 days from the date on which the Buyer should have collected the goods.

c) The Buyer is obliged to check the quantity of the delivered goods immediately after delivery. Quantitative complaints may be filed within no more than 5 working days after delivery.

4) Payment terms

a) If the Seller has not established any other form of payment, the remuneration for the subject of the contract shall be paid in advance to the Seller's bank account indicated on the VAT invoice.

b) If the Seller has not established any other form of payment other than payment in advance, prepayment shall be a condition for starting the production of the ordered goods.

c) The Buyer becomes the owner of the goods (also during their production) at the time of payment of the total sales price.

d) The Buyer authorizes the Seller to issue a VAT invoice without the Buyer's signature.

e) The date of payment is the date on which funds are credited to the Seller's bank account indicated on the VAT invoice. However, the Buyer is encouraged to send a bank confirmation of payment to biuro@movimet.pl, which will expedite the recording of the payment and the start of production.

5) Documentation, Warranty and Complaints

a) For products that are more complex or require careful handling (such as fans, cellular sluices, cyclones), instructions and detailed warranty terms are drawn up, which take precedence over the terms of the GTS.

b) Instructions and warranty terms and conditions (if applicable to the product) are attached in hard copy along with the product. At the request of the Buyer, the Seller shall also make available their electronic versions, including prior to the conclusion of the sales contract.

c) For products for which this is required by European Union directives, the relevant declarations of conformity are prepared and attached in the original paper version together with the product.

d) For products for which separate warranty conditions are not drawn up, the Seller's warranty lasts 12 months from the date of delivery. The warranty covers defects in quantity, material and quality. Quantitative defects must be reported immediately upon receipt of the goods under penalty of non-recognition of the warranty.

e) The buyer, upon receipt of the equipment, is obliged to immediately check its compliance with the specifications and familiarize himself with its features. Any defects, faults and inconsistencies that may be found during this check should be reported within 14 days after delivery of the device.

f) The Seller shall not be liable for improper operation of the device resulting from poor selection of the device by the Buyer.

g) The Seller guarantees the correct operation of the device during the warranty period.

h) The legitimacy of the complaint is considered on the basis of the specification of the goods, the typical range of deviations for the type of product and the fulfillment of its preset functionality.

i) The warranty does not cover damage resulting from improper transportation, storage, installation, operation or repair.

j) The warranty does not cover normal wear and tear of parts resulting from operation, such as abrasion of sheet metal by transported material.

k) The warranty does not cover damage from external causes such as fire, flooding, aggressive chemicals.

l) Any complaint should be submitted in writing to the address of the Seller with a detailed description of the reason for the complaint and should include, if possible, detailed documentation of the problem.

m) The manufacturer undertakes to act immediately to determine the cause of the complaint and remove the defect within 14 days from the delivery of the device for repair, if it considers the complaint to be in accordance with the Terms of Guarantee. In justified cases, this period may be extended, for example, due to lack of access to spare parts manufactured outside the Seller's manufacturing plant.

n) Repairs are performed only at the manufacturer's premises after the Buyer delivers the device. Before the Buyer proceeds to deliver the device to the Manufacturer, the Manufacturer will recognize the information contained in the complaint and perform a preliminary verification of the validity of the complaint.

o) In the case of warranty actions, the Manufacturer shall not bear the cost of disassembly and assembly of the device at the customer's premises, as well as the cost of loading and unloading of the device at the customer's premises. If the device is delivered on Incoterms EXW basis, then the device after repair is also delivered on EXW basis. The Manufacturer may bear the costs of transportation of the device only in the case of transportation to and from the country where the device was sold, and only if delivery to an address other than the Manufacturer's address was included in the price of the device.

p) By virtue of the warranty, neither the Buyer nor any third party shall have any claim against the Seller for compensation for any damage caused by normal operation or failure of the device. The responsibility for the device and the effects of its operation shall be borne by its user.

6) Final provisions

a) The parties will strive to amicably resolve any disputes arising from business cooperation.

b) In the absence of an agreement, disputes will be resolved by a common court with local jurisdiction over the registered office of the Seller, and the applicable law is Polish law.

c) Assignment of rights under the Agreement concluded with the Buyer or the Order placed with third parties is not allowed without prior written consent of the Seller.

d) In the event that some of the provisions of the GTCS are changed by way of negotiations prior to the conclusion of the Contract with the Seller, the remaining provisions contained in the GTCS shall not lose their validity. The Seller is not bound by any general terms and conditions, rules and regulations or other regulations applicable to the Buyer and they do not apply to Contracts concluded with the Seller, unless the parties decide otherwise in writing, under pain of invalidity.

e) By placing an Order with the Seller, the Buyer accepts the GTCS, at the same time agreeing to the processing of his personal data by the Seller for the purpose of performing the obligations contained in the Contract.

f) The administrator of personal data processed in connection with the implementation of the provisions of these GTS is the Seller. Personal data are processed for the purposes, to the extent and on the basis of the principles indicated in the GTS. Provision of personal data is voluntary. Any person whose personal data is processed by the Seller has the right to inspect their content and the right to update, correct and delete them. A request in this regard may be made, in particular, by e-mail to biuro@movimet.pl.

g) By placing an Order with the Seller, the Buyer consents to the use of the documentation provided for the purposes of the contract.

h) The Seller's general terms and conditions of sale applicable to the date of conclusion of the contract shall apply. The Seller undertakes to make available the GTCs relevant to the selected transaction at the request of the Buyer.