Guaranties and complaints.

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.
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