1. For the purposes of these terms of sale, the following definitions are determined: a) GTSD – these General Terms of Sale and Delivery; b) Seller – PetRing Sp. z. o. o. with registered office in Przylep, ul. Ogrodnicza 5, 66-015 Zielona Góra , Poland, NIP 973-084-97-93; c) Buyer – it is a natural person running its own business and also an entity, which is the other party of the sale agreement; d) Party/Parties – Buyer or Seller and also two of these entities together; e) Goods – items offered by the Seller within current commercial offer; f) Order – expression of intent to conclude the Agreement with the Seller; g) Agreement – agreement of sale of goods and provision of services concluded between the Seller and Buyer, in result of order for the Goods placed by the Buyer, which is a confirmation of Seller’s acceptance of the order, on terms indicated in this Agreement and in these GTSD.
2. These GTSD comprise an integral part of agreements of sale of goods and provision of services concluded between the Seller and Buyers.
3. Changing or excluding of individual provisions of GTSD can be made only with prior written consent of the Seller and shall otherwise be null and void.
4. In the case of discrepancy between the content of these GTSD and the content of agreement between the parties, the provisions of the agreement shall be applied.
5. In the case of existing of Buyer’s standard agreement, the provisions contained in it are applicable only if they are not in conflict with these GTSD.
1. Concluding of the agreement is conducted through submitting of written order by the Buyer and its acceptance by the Seller. An order can be sent via: a) electronic correspondence, b) fax.
2. An order placed by the Buyer should include in its contents: product symbol, colour, quantity, expected date of order implementation, receiving method of the Goods (in registered office of the Seller, via transport company – in this case there’s a need to determine the cost of transportation), all other comments regarding the delivery (delivery address) and full details of the Buyer – address of the registered office, full name according to the entry in the National Court Register (pl. KRS).
3. While placing an order, the Buyer submits to the Seller the copies of the following documents: a) valid transcript from the National Court Register (KRS) or from Business Activity Central Register and Information Record; b) decision regarding the granting of REGON number; c) decision regarding the granting of NIP number.
In the case of any changes of personal data of the Buyer, company name, address, partners or persons representing the company and having the authorization to make statements in relation to the company, the Buyer is obliged to immediately notify the Seller about this.
4. The obligation to present the documents referred to in paragraph 3 does not apply to orders placed by the Buyers, which remain in continuous business relations with the Seller.
5. Packagings due to their specificity and the occupied storage space are manufactured to the specific order and in most cases, there’re not on inventory.
1. Confirmation of the order acceptance is issued by the Seller within two working days from the date of Order receipt and sent via fax or e-mail to the Buyer.
2. Confirmation of order acceptance will be issued only upon the determination of all details with the Buyer and after the Buyer provides all documentation needed for the implementation of transaction (paragraph 2).
3. Written confirmation of the order acceptance is confirmed with its following elements: a) product name, product symbol along with additional technical parameters; b) colour; c) quantity; d) net unit price; e) due date of payment and method of payment; f) date and place of goods receipt; g) method of goods receipt; h) method of packing; i) quantity of pallets and their dimensions; j) cost of additional preparation of products for shipment and price of pallet, if such method of packing is used in the case of given order; k) transportation cost; l) date of order implementation.
4. Confirmation of order acceptance that contains data different, than the ones contained in the Order, the Seller will consider to be accepted by the Buyer. Buyer has the right to submit objections within 1 working day from the date of confirmation of order acceptance receipt.
5. Unless otherwise reserved by the Seller, the sale proposition submitted to the Buyer by the Seller is valid 30 days from the date of its sending by the Seller. Price proposed by the Seller does not include the costs of possibly required by the Seller certifications, attestations, examinations and packing of the goods, which will be added to the price of the goods, unless the parties agree otherwise.
6. Order acceptance for implementation by the Seller requires the written confirmation of its acceptance, issued by the Seller. The confirmation will be sent via e-mail or fax.
7. Order implementation date results from the contents of order implementation confirmation, issued by the Seller – acceptable quantitative-timely implementation margin is + – 10%.
8. The orders are implemented in the amounts that are the multiples of packagings, in which the bottles and caps are packed e.g. basic packaging for the bottles is a pallet and for caps is a cardboard box or a bag. In the case, when the goods require to be repacked for logistical reasons, the additional cost will be charged. There’s a possibility of selling non-full packaging for an additional fee.
9. In the case when the Buyer orders non-standard goods (i.e. which Seller does not have on stock) and there weren’t at least three transactions conducted before between the Seller and Buyer, the Buyer is required to pay an advance payment in the amount of 30% of the gross value of the ordered goods, unless the parties agree otherwise. This advance payment will be settled during the receipt of goods or their last batch. When the goods are not collected, the advance payment is kept by the Seller as a form of contractual penalty.
10. In the case of delay of order implementation that is occurring independently from the Seller, the order implementation date shall be extended by the duration of the obstacle preventing the timely implementation of the order by the Seller. In the case of delay of order implementation, the Seller shall immediately inform the Buyer about the reason of delay and a new expected order implementation date.
11. Seller reserves the right to refuse the Order acceptance, without giving any reason and without any claims from the Buyer.
12. All technical data of the products presented in catalogues, on the website or in specification are approximated data, and therefore before placing an order, please ask about the patterns, designs in order to avoid any confusion.
13. In the absence of proper grammage or type of preform, there’s also available a blowing service from the preform provided by the Client – in such case the blowing service is priced – provided preforms may be stored free of charge up to 3 months and beyond this period of time the cost of storage is 20 PLN/month per pallet or basket.
1. The agreement is concluded at the moment of placing an order by the Buyer and written confirmation of order placement by the Seller.
2. Current price for the goods is given with the order confirmation. Price of the goods depends on a single receipt volume, current price of raw material and exchange rate.
3. Prices update takes place on 10th of each month and is dependent on the raw material prices.
4. There’s a possibility of paid implementation of transparent preform or bottle sample, which is not on stock or in sample room – cost of such service is 300 PLN, which will be credited as an advance of payment, if the order will be placed in accordance with the manufactured sample.
5. There’s a possibility of paid implementation of coloured preform or bottle sample, which is not on stock or in sample room – cost of such service is 600 PLN, which will be credited as an advance of payment, if the order will be placed in accordance with the manufactured sample.
6. The provided prices are EXW Przylep – all changes require written confirmation.
7. If the price rates will be determined in a currency other than Polish Zloty (PLN), then the price on the invoice will be equivalent in PLN of the given currency rate, according to sale exchange rate of the given currency, announced by the NBP on the day preceding the day of invoice issuing.
8. In the case, when in the contents of parties’ arrangements there’s no indication, whether the given rates are net or gross, it shall be always considered that they are net rates, to which the tax on goods and services will be added, in accordance with the currently applicable rates (in particular VAT).
9. If the period of time from the moment of order confirmation to the moment of production start is longer than ninety (90) days, the Seller reserves the right to change the prices accordingly to the changes of raw material prices.
10. The purchase price shall be paid in full within the determined time limit.
1. Buyer shall pay for goods the price determined by the Seller in the order confirmation or directly in the VAT invoice.
2. Proforma invoice as a prepayment or other similar document shall be issued for the New Buyers. After three orders paid with prepayment, the Buyer can apply for payment date, after providing all financial documents and acceptance by the insurance company.
3. When placing an order, the Buyer confirms its payment and credit ability.
4. In the case of agreeing on prices and possible subsequent changes in the base costs, comprising their basis, the Seller is authorized to adjust such prices accordingly to the occurring change in the cost amount.
5. The Buyer shall bear the costs of all taxes, duties and other fees, which he is required to pay upon receipt of delivery, unless the Seller has committed in writing to pay such costs.
6. If after the conclusion of agreement, there will be introduced any import fee or fee associated with intra-community acquisition of goods, tax or any other public law, or if there are going to occur changes in such fees, taxes or charges, or a change – by more than 5% (five percent) – in raw material prices or change in currency exchange rate, the Seller may appropriately change the price, even if this wasn’t included in the agreement between the Parties.
7. The payment must be made in a period of time indicated in the invoice content – according to arrangements of the Parties.
8. If the Buyer fails to make receipt of the goods, through no fault of the Seller, in the determined period of time, the price and other obligations must be paid as if the delivery of the goods was conducted in accordance with the order.
9. If the Buyer fails to perform any of its obligations within three months from the end of the specified time limit, the Seller has the right to withdraw from the agreement in writing, without the requirement to send any additional, previous requests to the Buyer. In the case of such withdrawal from the agreement, the Buyer charges the Seller with contractual penalty in the amount calculated as the equivalent of 50% (fifty percent) of the gross price of goods covered by the order that the Buyer failed to perform.
10. Buyer’s notifications regarding any possible objections, comments or complaints and their consideration do not suspend the time limit of payment.
11. In the case when the payment is not made within the time limit, the Seller has the right to: a) delay the carrying out of his obligations until the moment, when outstanding payments are made; b) demand appropriate extension of time limit for implementation of delivery or carrying out of services; c) demand payment of the entire outstanding amount.
12. In the case, when the court execution is conducted against the Buyer or the Seller has doubts regarding the paying ability of the Buyer, the Seller has the right to: a) immediately demand all payments regardless of their time limits; b) suspend all deliveries within so far non-implemented agreements and carry out the further deliveries only on the basis of prepayment. In the case of refusal to pay an advance by the Buyer, the Seller has the right to withdraw from the agreement and claim compensation for damages.
1. Cost of storing the goods in the Seller’s warehouse, up to 3 days from placing the goods at the disposal of the Buyer, is included in the price of the given goods. Storing of goods beyond this time limit will result in the right to charge a fee in the amount of 2 PLN/pallet per 1 day.
2. Transportation cost is always covered by the Buyer, unless the parties expressly agree otherwise.
3. Notwithstanding contents of the preceding paragraphs, the Seller claim compensation for damages in the range, in which the damages suffered by him exceeds the value of the reserved contractual penalties.
4. If there’s a reasonable basis to believe that the Buyer will not fulfil his payment obligation, the Seller has the right to demand – before the release of goods and regardless of the previously determined time limit of payment – the paying of total due amount in cash or to provide certain guarantees or other payment securities.
5. After passing of the time limit determined in the previous paragraph, the Seller may also, while maintaining the right to withdraw from the agreement at any time, store these goods in any place at a risk and cost of the Buyer, and demand from the Buyer to implement the agreement and additionally – to pay these costs of storing and contractual penalty as in the case of withdrawal from the agreement (50% of gross price of the goods).
1. Time limit of goods delivery is determined by the Agreement concluded between the parties.
2. Time limit of delivery is extended by the time of the occurring obstacle, if:
a) delay is a result of circumstances, which the Seller could not predict at the moment of Agreement conclusion,
b) delay is a result of circumstances beyond the control of the Seller i.e. force majeure,
c) delay is a result of any action or omission of the Buyer.
3. Receipt of the Goods is always the responsibility of the Buyer. The parties may in the Agreement arrange that for a separate remuneration, the Seller will deliver the Goods to a place indicated by the Buyer. In such case, all costs associated with the delivery, including the costs of loading of Goods, packaging and insurance, are covered by the Buyer, while the risk of accidental loss or damage of the Goods shall pass to the Buyer upon receipt of the Goods. Selection of the routes and means of transports is decided by the Seller.
4. Seller reserves the right to change time and date of delivery, if there are occurring disadvantages over which the Seller has no control. Events caused by force majeure entitle Seller to extend the delivery time limit by duration of the obstacle or – in reference to not yet realized part of the agreement – to completely or partially withdraw from it. Force majeure includes among others: wars, civil unrest, natural disasters, bad weather, road problems, problems with the manufacturing machine, etc. Where possible, the Seller will try to solve the problem as soon as possible, and the Buyer will not submit any complaints associated with the delay of delivery.
5. It is the responsibility of the Buyer to check, whether the goods have been damaged.
6. In the event of occurrence of communication damage, during transport organized by the Seller, the photo of the damaged goods must be taken, along with the registration plates of the transportation vehicle that delivered the goods. On the protocol and CMR waybill, the amount of damaged goods, along with the signature of the driver must be placed.
7. Buyer is obliged to pick up the ordered Goods at a place and date agreed upon and accepted by the Seller in the confirmed Order.
8. Time limit of the delivery is considered to be maintained, if before its expiration, the Buyer will be notified about the readiness of issuing of the Goods or the Goods will be sent with Seller’s transport to the Buyer. At the moment of issuing the Goods to Carrier, the entire responsibility lies with the Buyer.
9. In the case of loss or damage to the Goods in transit or unloading, the Buyer shall be liable for its Carrier.
10. At the moment of goods receipt, the Carrier shall in writing confirm that he does not raises any objection to the packing of the received goods. The responsibility of the Carrier is to properly secure the Goods for the duration of transport.
11. If the delivery is delayed due to the fault of the Buyer, PetRing Sp. z.o.o. reserves the right to charge the Buyer with the costs incurred during storage, shipping and other costs incurred in relation to this. In the case of delay of the Buyer in picking up of the ordered Goods more than 10 days, the Seller regardless of the price can demand from the Buyer the return of lump sum costs for storing of Goods, in the amount of 1% of the price of not collected Goods for each day of delay, after expiration of the above-mentioned 10-day period. If the damages incurred by the Seller for this reason exceed the amount of reserved lump sum costs, the Seller is entitled to compensation supplementing for the full amount of the incurred damages.
12. In the case of unfounded refusal to collect the Goods, the Seller has the right, according to his choosing – to demand the receipt of goods by the Buyer and proper implementation of the Agreement, and also to charge the Buyer with the storing costs of Goods (paragraph 7) or to withdraw from the Agreement and charge the Buyer with contractual penalty in the amount of 80% of Goods’ price. In the case, when the damages incurred by the Seller for the above-mentioned reason exceed the amount of contractual penalty reserved for this case, the Seller is entitled to compensation supplementing for the full amount of the incurred damages.
1. Seller shall make every effort to ensure that goods are properly packed.
2. Goods such as bottle, jar are packed on cardboard inserts with the dimensions 80 x 120, and then placed on euro or light pallets (depending on the arrangements of the Parties). The whole thing is wrapped with stretch foil in a manner, which will guarantee that the formed pallet unit and the Goods, will not be damaged during transportation. There’s a possibility of additional protection of the goods through the use of cardboard corners – cost of the use of such corners is 5 PLN net/pallet.
3. Goods are packed on EURO type pallets or disposable industrial pallets or with EURO dimensions pallets – these pallets are paid, non-refundables: disposable pallet 10 PLN net/piece, EURO pallet 32 PLN net/piece, industrial pallet 12 PLN net/piece. Return of undamaged pallets can be made only on the basis of resale at the same prices.
4. Generally, the preforms are packed in non-refundables cardboard octabins with dimensions 120x100x120 or big bags placed on industrial pallets 100×120. Cost of an octabin 30 PLN net/piece, cost of a big bag 10 PLN net/piece. Return of undamaged octabin (without top and bottom flap) and big bag can be made only on the basis of resale at the same prices.
5. Some types of preforms may be packed in metal baskets, which are the property of WGM company – returning of such baskets is carried out at expense of the Buyer within 30 days since the moment of receipt of goods – after expiration of this time limit, the Buyer may be charged with the amount 490 PLN net/basket.
6. Some injection details (caps, jars, bottles, preforms) after prior arrangement can be packed in non-returnable PE bags or cardboard boxes (that require security deposit) with different capacities – costs are determined individually – the entire thing can be placed on pallet (that require security deposit) in accordance with the above price list.
7. There’s a possibility of packing the Goods according to individual recommendations of the Buyer, however non-standard packaging is an extra cost – all special orders of the packagings are fully charged to the Buyer – the packagings will be stored free of charge for a period of 3 months – after this period the cost of storage is 20 PLN/pallet/month.
8. Cost of the non-standard packed product will be priced individually.
9. Cost of repacking of 1 pallet in the case of sending too low transport is 20 PLN net.
1. Change or cancellation of the order by the Buyer requires written consent from the Seller. In the case of any change of the order, time limit for delivery of the goods to the Buyer will be calculated from the date of written confirmation of change of order by the Seller.
2. Consent for cancellation or change of the order may depend on the Buyer’s covering of the costs and losses incurred by PetRing Sp. z.o.o. until the moment, when the consent was issued for cancellation or change of the order, while the due amount in the case of cancellation or change of the order can’t be lower, than 10 % of the determined price of purchase.
1. Forms and equipment are the property of the Seller. Possibility is allowed to transfer to the Buyer the ownership of forms or equipment used by the Seller for the manufacturing of packagings, after the Buyer pays the amount for forms or equipment, along with the contribution of the Seller who participated in original production costs, excluding inserts, mounting plates and equipment that remain the property of the Seller.
2. Forms for which the payment was not fully paid remain the property of the Seller.
3. Payment conditions for forms are determined each time individually. The following factors affect the price: type, size, shape of packaging, single order volume or annual receipt plan, determination of form of ownership and territorial availability of packaging.
1. All designs, drawings, models, photos, etc. are property of the Seller.
2. There’s a possibility to transfer the property rights to the Buyer with a separate agreement, after total depreciation of form, along with the covering of all costs incurred by the Seller.
3. There’s a possibility to reserve the generally available product with a separate agreement, after prior determination of all conditions.
4. Buyer is obliged to check at his own expense whether manufacturing, offering, putting into market, exporting, importing or any other form of use of the products supplied by the Seller, is a violation of intellectual property rights of third parties.
5. In the case of pattern with territorial reservation, the Buyer must confirm in writing that he has acknowledged this information and that he will not violate this limitation. In the case of its violation, the Seller will demand the amount of 100 000 PLN as compensation for moral damages and for company that has bought the territorial reservation, and had it written in the agreement. Manufacturer is excluded from any claims between the Buyer (who violates the limitation) and the owner of rights in regard to forms and territorial limitation.
6. Seller shall not be liable to the Buyer, particularly in regard to compensatory liability or liability within warranty for legal defects of the delivered goods in the case, when it is found that the use of goods delivered to Buyer by the Seller, is a violation of intellectual property rights of third parties.
7. In the case of claims against Seller in regard to violation of intellectual property rights of third parties, in connection with the sale agreement implementation concluded with the Buyer, the Buyer shall be obliged to pay all damages incurred by the Seller’s assets, in relation to claims against the Seller from third parties, including in particular the amounts paid as compensation or reimbursement of illegally obtained profits and all other costs, including costs of court proceedings and representation.
1. Buyer is obliged to perform thorough inspection of goods upon receipt. Complaint notification concerning the quantity of the goods may occur only during the loading (in the case of personal receipt) or on the day of unloading or on the day of receipt from carrier’s warehouse.
2. In the case of deliveries performed by Seller or carrier, the fact of quantitative discrepancy (or goods damage) must be noted in the waybill, stated on the waybill and signed by the driver, as well as the person acquiring the delivered goods. In the absence of such entry on the waybill, quantitative complaints based on the claims of quantitative discrepancy will not be considered.
3. It’s the responsibility of the Buyer to check whether the goods are intact at the time of receipt/delivery.
4. Buyer is obliged to check within 3 working days whether the received goods are consistent with the order (type of bottle, colour of packaging, type of thread, grammage).
5. Client does not have any rights to withhold payments due to guaranty claims or other claims, regardless of their type. Seller has the right to suspend the carrying out of Buyer’s guaranty claims, until the time of paying by the Buyer of all outstanding amounts.
6. At the time of complaint, the Buyer is obliged to look through all goods and separate the damaged packagings from the rest. The returned Goods must be unused, undamaged and free from defects, with a complete set of documents and in their original packaging.
7. Basis for any complaint is the immediate transfer of information about the observed problem.
8. Seller replaces only the damaged goods.
9. Seller is liable for damages only in the case of wilful misconduct or negligence on the part of the Seller. Seller is not responsible for consequential losses, in particular for the lost profits.
10. Guaranty of the quality of our goods is granted for a period of twelve months from the date of manufacture.
11. Seller is not liable for defectiveness of the Goods, if they were used not in accordance with their intended use, and the Buyer did not comply with recommendations and instructions of the Goods.
12. Buyer is obliged to provide the Seller with representative samples of the complaint goods, necessary to carry out expertises, as well as allow examining the behaviour of the goods in situ during processing, and also the Buyer must provide necessary information regarding the treatment technology or conditions, in which the goods were used.
13. Responsibility of the Seller for defects and shortages of the goods is limited only to responsibilities described in these GTSD, and it never covers monetary compensation. In particular, in regard to granting the buyer with the above guarantee, the provisions of statutory warranty for defects of the sold product are not applicable.
14. A client before placing the order is obliged to perform on his own, based on the received patterns, tests for packing of products in PET packagings and adjustment of the closing, as well as checking the possibility of labelling.
15. If the Buyer decides to purchase the packagings without the prior acceptance of samples and the Goods won’t meet his expectations, the Buyer does not have the right to complaint them.
16. Due to specificity of the product and manufacturing, 0,5% of deficiencies in the whole order are permitted – in the case of exceeding 0,5% deficiencies, the Seller is obliged to compensate it quantitatively through replacement or correction of invoice during the next order.
17. Due to the fact that production in the company PetRing Sp. z.o.o. is conducted in two stages, the occurrence of flaws, scratches or streaks is permitted on the surface of a bottle, both on colourless and colourful packagings. Manufacturer has no influence on this and therefore this is not subject to complaints.
18. The complaint should be submitted immediately after noticing the problem and should contain an accurate description of the complaint product, photographic documentation of the product and labels from the defective pallet, cardboard box or basket, as well as how many packagings have been used and what is the approximate % of defective packagings from the bulk packaging.
19. In the case of occurrence of problem with defects, in regard to pallet consumed in 75%, when the ratio of deficiencies did not exceed 10 %, the pallet should be used until the end, and the defective bottles should be separated and assigned to the given pallet, while maintaining the labels of the Seller.
In situation when 75% of the pallet was not used and ratio of deficiencies exceeded 10%, the further use of the packagings from the given pallet must be stopped, and the defective bottles should be separated and assigned to the given pallet, while maintaining the labels of the Seller.
20. It is allowed to omit the need of checking each pallet in the situation, when in 3 pallets with different manufacturing dates the defects exceeding 8% are found, with consumption 10% of packaging from a single pallet – then you need to randomly select 5 pieces of packagings from lower and upper layer (inserts or cardboard box), if the problem will occur repeatedly, you need to immediately set aside the goods, prepare a report and send it to the Seller – time limit for preparing and delivery of such report is 2 days. After exceeding the indicated time limit, the Seller has the right to refuse the complaint or consider it only partially.
21. In the case of occurrence of problems, the Buyer on regular basis tries to inform about the quantity of used goods and occurring deficiencies – consideration of complaint takes places at the moment of using the entirety of the goods or after receiving information that the whole batch has been checked and it’s not suitable for use. Seller reserves the right to receive the samples of defective packagings, before consideration of complaint or to carry out visit in the recipient’s company, in order to verify the validity of the complain and method of using the packagings, with maintaining the confidentiality clause regarding know-how of the company or other elements, which the Seller could see and which the Buyer would be afraid to show.
22. If the notification about the defect will be delivered in appropriate time limit, the Seller at his discretion and choosing may: a) remove defect by introducing corrections; b) replace the goods; c) if the recipients agrees to it – accept the defective goods and recognize the bill as purchase price or grant the price discount.
Seller may delegate to the registered office his employees, in order to check the quality of complaint goods and to select the defective goods, and the recipient agrees to allow them access and make the complaint goods available.
23. A client is not entitled to other rights, including the demand of lost profits.
24. For the express demand of the Buyer, the return of the defective goods may take place, the costs of which are fully covered by the Buyer, after prior arrangement with the Seller and in the case of positive consideration of complaint, the previously determined costs will be returned to the Buyers. In the event of committee’s recognition of the part of complaint (with the buyer’s representative in the committee), the returned costs will be proportional to the % of complaint recognition.
25. If the Seller will fully recognize the complaint and the costs of bringing back the goods will exceed their value, he has the right, with consent from the buyer, to leave the goods free of charge at his disposal; however the Buyer waives claims arising from the storage and disposal of the left goods.
26. Seller will only consider the complaints in the original place of goods’ delivery or incurs the costs of transport to the original place of goods’ delivery, in accordance with the order.
27. Return of the defective goods may take place, when the Seller gives consent to it. If the goods are going to be returned without prior consent, the Seller has the right to refuse the acceptance of returned goods, with possibility of their sending back and chagrining the Buyer with costs of the return shipping costs. If unfounded and unarranged return will be admitted to Seller’s warehouse, there will be charged a storage fee in the amount of 10PLN net/day/pallet.
28. In the event of complaint or damage to the goods during transport, the Buyer is obliged to secure and store the defective goods in a dry place, protected from sunlight and in a temperature not exceeding 28°C, until the complaint is considered or until explanations and arrangements are made with carrier or insurer.
1. Seller shall be liable to the Buyer for non-performance or improper performance of the agreement, only for property damages caused intentionally and to the extent of actual losses.
2. Any liability of the Seller related to the conclusion of agreement or carrying out the sale of goods, regardless of the duties under this responsibility, does not include the compensations of damages regarding the anticipated benefits, loss of profits, loss of production, loss of market reputation, etc.
3. Buyer is fully and exclusively liable for the method of use of the goods.
4. If the third party has any claims in regard to the Buyer, which may be related in any way to the goods sold to the Buyer by the Seller or in regard to the products, for manufacturing of which the goods sold to the Buyer by the Seller were used, the Buyer should immediately notify the Seller about this, in order to enable the Seller to participate in proceedings regarding the claims of this party, under penalty of exclusion of any liability of the Seller associated with these claims.
1. GTSD are an integral part of the Agreement, unless the Agreement provides otherwise. Seller issues GTSD to the Buyer during conclusion of the Agreement. Written indication on how to become familiar with the current version of GTSD (e.g. through providing web address http://petring.atthouse.pl/GTSD) is considered to be equivalent to issuing of GTSD to the Buyer.
2. All changes and additions to the Agreement, as well as withdrawal from the Agreement must be in written form to be valid.
3. Applicable law for the sale of Goods carried out on the basis of the Agreement and these GTSD, is the Polish law.
4. For resolving of all disputes that may arise between the Parties and which may be associated with relations, based on the concluded by the Parties sale agreements and other agreements, to which these GTSD would be applicable, exclusively competent will be common court of competent subject matter jurisdiction in regard to registered office of the Seller.
5. Notwithstanding the contents of these GTSD, the agreement between the parties may be subject to appropriate change in the case of introducing mandatory legislation, from which additional responsibilities of the parties will arise. In particular, the Seller may invoke all changes of regulations and circumstances, which may cause changes of operating costs or charges of public law nature, and in results the changes of conditions of the offer submitted by the Seller or already concluded between the parties, but not yet performed agreements.
6. Applicable law for the agreement concluded by the Parties will be the Polish law, with exclusion of the provisions of the Vienna Convention on international sale of goods.
7. These GTSD are applicable to all agreements of sale of goods and provision of services concluded from 01.01.2015.
1. Cost of dyeing is determined individually, depending on the quantity of ordered products and type of the used dye, as well as the type of packaging (size, grammage).
2. In the case of ordering the packaging in the standard colours, which dyes the Seller has on stock, implementation time is much shorter, than in the case of choosing a completely new selection, and the client is not charged with the cost of minimal order of dye.
3. In the case, when the Seller has already developed dye, but does not have it on stock, the waiting time may be up to 4 weeks, the Buyer will be charged with the total cost of the ordered dye (not less than 25 kg – it is the minimal order that can be made with manufacturer), and the unused amount of the dye may be issued to the Buyer at the moment of receipt of goods or saved for the future orders.
4. Prices of dyes depend on the colour, saturation and transparency. Therefore, in the case of non-standard colours or small editions, the cost of dyeing is high.
5. Time of development and selection of new dye lasts about 6 weeks, from the moment of sending the sample or pattern to the manufacturer (it’s comprising of selection time and manufacturing time of the given batch of the dye).
6. Due to high costs of dyeing start-up (loss of raw material, technological process of machine cleaning and materials needed for that), as well as the costs of purchase of the dye itself, it is recommended to order the largest single batch of the goods. It is possible while ordering bottles, jars that the orderer will once order the larger quantity of preforms covering the costs of preforms, and the receipt of bottles and jars can be broken down to smaller receipts, while paying only for the blowing of packaging, which are currently collected. Free of charge storing of the manufactured preforms is 6 months, and after this period of time the cost of storing of 1 pallet is 30 PLN/month. Subtle differences in the shades of dye are allowed due to the fact of manufacturing of subsequent batches.
7. There’s a possibility of paid implementation of preforms sample in the case of selection of new dye – cost of such service is 500 PLN, which will be credited as an advance of payment, if the order will be placed in accordance with the manufactured sample.