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.