Terms of delivery

TERMS OF DELIVERY

§1. ORDERED OBJECT/TASK

1. The Purchaser Party orders and the Contractor Party accepts to perform the order – in accordance with the Contractor’s offer.
2. The scope of the task covers activities specified in the Contractor’s offer.

§2. DATES OF IMPLEMENTATION

1. Deadlines for the performance of tasks are set within the offer/order/contract.
2. The deadline for completing the task may change in the event of the following:

  1. Suspension at the Purchaser’s Party request;
  2. Occurrences of the so-called force majeure;
  3. Failure of the Purchaser’s Party to make payments;
  4. Delay of the Purchaser’s Party in providing the Contractor with data necessary to make arrangements;
  5. Failure to meet the Contractor ‘s agreed requirements specified in the offer setting the conditions necessary to successfully assembly and start the ordered object (device, machine) at Purchaser’s Party site;
  6. The need to make changes to the project affecting the dates of implementation (all new arrangements in writing, e.g. e-mail);
  7. Storage of the ordered object (at the request of the Purchaser’s Party) for a time exceeding the date of the planned delivery (postponement of the deadline will be as many days as the storage time will last);

§3. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. The Purchaser Party shall be obliged to:

  1. Provide the Contractor with detailed information on technical conditions and situational plans for the place of foundation of the ordered object on the premises of the Purchaser’s Party site;
  2. Preparation of the site for the foundation, assembly and commissioning of the ordered object in accordance with the requirements of the Contractor;
    Ensure the Contractor unrestricted access to the place of assembly of the ordered object at the premises of the Purchaser Party and the necessary technical conditions;
  3. Promptly provide information and explanations related to the task at the request of the Contractor;
  4. Immediate receipt of the executed object, except for those elements of it that have been made contrary to the technical documentation and prior arrangements;
  5. Making timely payments to the Contractor.

2. The Contractor shall be obliged to:

  1. Enable the Purchaser to carry out a full control of the work progress;
  2. Timely implementation of the task subject to §2 point 2 of Term of Delivery;
  3. Implementation of the task in accordance with the order/contract/offer/preliminary project/other written arrangements;
  4. Implementation of the task in accordance with the technical documentation, principles of technical knowledge, applicable technical conditions for the performance and acceptance of preliminary project;
  5. Delivery of the ordered object to the place indicated by Purchaser Party;
  6. Assembly and start-up of the object;
  7. Trainings for Purchaser Party empliyees in the field of handling the ordered object;
  8. Handing over to the Purchaser Party the required documentation.

§4. INVOICES AND PAYMENTS

1. The Purchaser Party shall pay the Contractor the amount indicated in the offer/contract/order in a concerted manner

2. Payments shall be made by bank transfer to the bank account number:

96 1750 0009 0000 0000 2014 7498

§5. FINALISATION OF THE TASK

1. Receipt of the ordered object confirmed by signing the Final Acceptance Protocol by authorized representatives of both parties after handing over the object to the Purchaser Party;
2. If defects are found during the acceptance procedures, the Purchaser Party may refuse to sign the Final Acceptance Protocol until the defects are removed.

§ 6. GUARANTEES

1. The Contractor shall provide the Purchaser Party with a guarantee for the executed ordered object for a period of 24 months from the date of signing the Final Acceptance Protocol.
2. Detailed conditions of the guarantee provided by the Contractor are presented in the section “General Guarranty Conditions”.
3. After the end of the guarranty period, the Contractor undertakes to provide paid replacement parts for a period of 10 years.
4. The Contractor provides paid post-warranty care.

§ 7. CONTRACTUAL PENALTIES, STORAGE FEES

1. Contractual penalties may be applied provided that they are applied simultaneously to the Purchaser Party and the Contractor.
2. The Purchaser Party may demand contractual penalties for the Contractor for exceeding the deadline for completion the task. Such a provision authorizes the Contractor to place a record of contractual penalties for exceeding the payment deadlines by the Purchaser Party.
3. The same percentage of the contract value shall be set for each day of the Contractor’s deadline for completion and for each day the Ordering Party has exceeded the payment deadlines.
4. Enceko-Serwis Sp. z o.o. may, at the request of the Purchaser Party, store the ordered object from the date (agreed in the contract) of the planned delivery to the day of delivery proposed by the Purchaser Party. The condition is that the Purchaser Party complements 100% of the payment to the Contractor. A storage fee of PLN 2.00 net/24 h per 1  m2 of warehouse space is charged.

§8. WITHDRAWAL FROM THE AGREEMENT

1. The Parties agree that in addition to the circumstances set out in these Terms of Delivery and under the Act of 23 April 1964 Civil Code (Journal of Laws 2017 item 459), they are entitled to withdraw from the order/contract within 14 calendar days counting from the date of sending the order/signing the contract without giving reasons for withdrawal. Withdrawal from the contract should be made by submitting an appropriate statement in writing to the Contarctor.
2. After the deadline of 14 calendar days, the Purchaser Party may withdraw from the contract if:

  1. The Contractor shall declare the company bankrupt or dissolve;
  2. An order to seize the Contractor’s property shall be issued;
  3. The contractor stopped the task;
  4. The contractor without the justified reasons did not start the task;
  5. If the Contractor does not perform the task in accordance with this contract.

3. After the deadline of 14 calendar days, the Contractor may withdraw from the contract if:

  1. The Purchaser Party refuses to accept the subject of the contract without justification.
  2. The orderer will declare bankruptcy or dissolve the company.

4. The withdrawal from the contract after the expiry of the 14 calendar days should take place in writing with justification.

§ 9. HIGHER POWER (force majeure)

In the event of events of force majeure, which prevented the timely performance of obligations – the Parties undertake to jointly define a new deadline for the implementation of the subject of the contract.

§10. FINAL PROVISIONS

1. The Contractor reserves the right to use materials and components with comparable parameters to those proposed in the offer in the event that they can not be obtained in a timely manner enabling them to meet the deadlines set out in the offer/contract.
2. The Parties provide for the possibility of changing the order/contract/preliminary project/remaining written arrangements, if there is a change in the generally applicable provisions of law in the scope affecting the implementation of the subject of the contract.
3. In the event of circumstances caused by external factors, the Parties provide for the possibility of changing the order/contract initial project/other written arrangements, eg the order delivery date, payment terms, change in the order value resulting from the narrowing/extension of the material scope.
4. Any changes to the order/contract/preliminary project/remaining arrangements require the mutual consent of both Parties expressed in writing (e-mail).
5. In matters not covered by the agreements, the provisions of the Act of 23 April 1964 the Civil Code shall apply.
6. Any disputes arising in the course of the implementation of the ordered object shall be resolved by the Common Court with jurisdiction over the registered office.

GENERAL GUARANTEE CONDITIONS

1. SCOPE OF GUARANTEE

  1. Enceko-Serwis Sp. z o. o. gives the Buyer a guarantee for the delivered object in terms of its compliance with the offer.
  2. The warranty does not cover the correct cooperation of the object with other Buyer’s equipment, unless the contact provides otherwise.
  3. The guarantee covers the correct operation of delivered object only if it is operated in accordance with the requirements specified in the technical documentation.
  4. The guarantee expires in case of further resale of the object, unless the sales contract provides otherwise.
  5. The ordered object is subject to servicing by the Manufacturer (Enceko – Serwis Sp. z o.o.) or the Authorized Producer’s Service.
  6. The warranty period is 24 months from the date of signing the Final Acceptance Protocol.

2. EXEMPTIONS FROM GUARANTEE

  1. The guarantee is not subject to:
    1. Data carriers on which software is provided,
    2. Devices whose only disadvantage is incompatibility,
    3. Defects and damages resulting from the Buyer’s fault or in result of force majeure (eg fire, lightning, flood, incorrect supply voltage, etc.).
    4. Fuses, light bulbs, batteries, accumulators, consumables.

3. LOSS OF GUARANTEE RIGHTS

  1. The warranty does not apply if the technical inspection is not performed after the first year of work of the object (device/machine) (counting from the day of signing the Final Acceptance Protocol) or after a time break in its work exceeding the period of 3 months.
  2. The guarranty does not apply in the case of the above-mentioned technical inspection performed by a company other than Enceko – Serwis Sp. z o.o. or a company indicated by Enceko – Serwis Sp. z o.o. for technical inspection.
  3. The buyer loses the right to guarantee in the case of exploitation of the object in a manner inconsistent with the requirements contained in the documentation, or in case of modifications and repairs without the prior written consent of Enceko – Serwis Sp. z o.o.
  4. The costs of repairs not covered by the warranty are borne by the Buyer.

4. PROCEDURE FOR SUBMITTING COMPLAINTS AND SERVICE TERMS

Complaints are filed in writing sent to the address of the registered office of Enceko-Serwis Sp. z o.o. and/or  by e-mail to: enceko@enceko.pl

5. SERVICE AND REPAIRS

  1. Enceko-Serwis Sp. z o.o. undertakes to repair the devices in the complaint mode within 10 business days counted from the date of receipt of the complaint application;
  2. In the case of a repair with a particular degree of difficulty, and if it is necessary to bring parts and/or parts necessary for repair, the repair period is extended to 15 days or an extension of the length resulting from the need to bring the components and/or parts,
  3. Deadlines for repairs do not apply if the delays lasting longer than 7 days are found in the payment of amounts due to Enceko-Serwis Sp. z o.o. In the above case, until the date of payment by the Buyer in full amount, the above-mentioned dates are suspended and does not bind Enceko-Serwis Sp. z o.o.
  4. A condition for performing the repair by Enceko-Serwis Sp. z o.o. is providing the Buyer with unrestricted access to the object and the conditions necessary to perform the repair, in particular ensuring the supply of electricity and the heating medium used in the object.

6. FINAL PROVISIONS

  1. Enceko-Serwis Sp. z o.o. is not liable for damages and losses caused by the Buyer due to the inability to use the delivered device, not resulting from the defects of the device.
  2. Enceko-Serwis Sp. z o.o. is not responsible for the property left by the Buyer inside the device and on data carriers provided to the Enceko-Serwis Sp. z o.o.
    In all matters not covered by these General Guarantee Conditions, the provisions of the Act of 23 April 1964 the Civil Code shall apply.

These rules were published for the first time on August 20, 2017.

Date of last update: November 16, 2018.