1. These General Terms and Conditions of Sale are an integral part of the contract of sale of goods and services offered by LASERTECHNIKA Spółka z ograniczoną odpowiedzialnością with its registered office at ul. Dworcowa 9A, Borzytuchom 77-141.
2. Definitions used in the General Terms and Conditions of Sale of LASERTECHNIKA Spółka z ograniczoną odpowiedzialnością:
GTS – General Terms and Conditions of Sale.
Seller / LASERTECHNIKA – a company operating under the name of LASERTECHNIKA Spółka z ograniczoną odpowiedzialnością, based in Borzytuchom.
Buyer / Customer – a legal person, an individual, as well as an organizational unit without legal personality, who has addressed to LASERTECHNIKA a commercial inquiry or an order concerning products and services on the offer.
Offer – a price quotation for a product or service submitted by LASERTECHNIKA in response to an inquiry from the Buyer / Customer.
Order / contract – a written statement made by the Buyer using available means of communication addressed to LASERTECHNIKA containing the necessary elements of the sales contract, in particular the offer number the type of product, quantity and its price.
3. The GTCs are an integral part of the contract of sale of goods and services. Any deviations or changes in the terms and conditions of GTS require written form under or otherwise shall be null and void.
4. The Buyer is obliged to familiarize himself with the GTS before placing an order. Submission of an order by the Buyer shall be treated as tantamount to reading and accepting the GTS for application. Lack of acceptance of these GTS by the Buyer entitles LASERTECHNIKA to withhold the execution of orders and deliveries of goods until their acceptance through a written statement by the Buyer.
Partial or complete receipt of goods or services is tantamount to acceptance of the GTS.
5. The parties may exclude the application of individual provisions of the GTS and amend some of their provisions only in the form of a written agreement.
6. Information on the applicable GTS is given each time in the offer, footer under the e-mail are for the information and acceptance of the Buyer at the latest when placing an order by the Buyer, moreover, they are available on the website www.lasertechnika.pl. If the Buyer remains in permanent business relations business relations with the Seller, the Buyer’s acceptance of GTS at the time of the first order shall be deemed to be their acceptance for all other orders and sales contracts, until their content is changed or until the cancellation of their application.
1. The contract is concluded on the basis of an order placed by the Buyer and confirmation of its terms made by LASERTECHNIKA. The order and confirmation of its acceptance may be made in writing, by fax or by e-mail. Persons acting on behalf of the Buyer must demonstrate authorization to act on behalf of the Buyer and, at the time of the first order, copies of documents confirming the Buyer’s status as an entrepreneur (entry in the register of economic activity certificate of tax number, certificate of National Business Registry Number).
2. LASERTECHNIKA reserves the right to refuse an order within 5 working days from the date of its reception. Cancellation of an order by the Buyer must be made in writing, otherwise it shall be null and void. In case of non-acceptance of the order or its cancellation by the Buyer, the contract is not concluded.
3. LASERTECHNIKA shall not be obliged to verify whether the technical documentation (drawings, templates and designs) submitted to it with the order infringes the rights protecting the intellectual property of third parties. The Buyer shall be liable to the rightful third parties whose intellectual property is infringed or threatened to be infringed.
4. In addition to the regulations contained in the GTS, LASERTECHNIKA allows the possibility of concluding individual contracts and reserves the right to accept orders in part and to reject them without giving any reason.
5. Deviations or amendments to the GTS shall apply only once to a given commercial transaction unless otherwise agreed in writing, otherwise it shall be null and void.
6. If the Buyer supplies materials for the completion of the contract, LASERTECHNIKA is obliged to make products from materials supplied by the Buyer only if the contract so provides. In other cases, it is entitled to use other materials with parameters corresponding to the materials supplied by the Buyer for manufacturing. If the material supplied by the Buyer does not have the properties necessary for the proper manufacturing of the products, or if the material has defects, as a result of which during the manufacturing of the products damage occurs to machinery or equipment, then the Buyer is obliged to repair the damage caused within seven days from LASERTECHNIKA’s notice.
7. The Seller shall not be liable for changes in the characteristics of the Buyer supplied material, caused by its processing, performed in accordance with the order.
8. If, by mutual written agreement with regard to the change of the accepted order, the subject of the contract and/or the quantity were changed, as well as if there were changes in any other terms and conditions of this order, LASERTECHNIKA reserves the right to change the price of the subject.
1. Advertisements, commercials and catalogs about the goods offered by the Seller are for informational purposes only. Samples and designs exhibited by the Seller are for illustration and exhibition purposes only.
2. By accepting an order / concluding a contract, LASERTECHNIKA undertakes to provide products and services in accordance with the Buyer’s order. The Seller shall not be responsible for the correctness of selection of the ordered product in a specific application by the Buyer or his further contractors.
3. LASERTECHNIKA – if the technical documentation provided by the customer does not state otherwise – shall hold a tolerance margin of accuracy for the manufacture of products in accordance with the applicable workshop tolerances of the parts after machining.
4. Approvals, certificates, declarations of conformity, or other documents confirming the quality of the goods, shall be attached to the delivered goods or will be sent electronically if such a requirement is indicated in the order or contract. The Seller does not verify the technical information contained in the attestations, certificates and other documents certifying quality.
5. The Seller stipulates that in the case of products made of corrosion-resistant steel, it is not possible to exclude the existence of defects, as foreseen by the standards. Therefore, the Buyer agrees to subject these products, prior to their use, to the tests appropriate to their purpose, as required by Polish law.
1. Prices for goods offered by the Seller do not include VAT, unless explicitly indicated otherwise.
2. Invoices issued by the Seller shall be payable on the date indicated on the invoice. The day of payment shall be the day of LASERTECHNIKA’s account is credited or the date of issuance of the cash document / cash receipt.
3. Unless other payment terms have been agreed in writing, the customer is obliged to make 100% prepayment of the purchase price or service within 2 working days from the date of acceptance of the order or assignment by LASERTECHNIKA.
4. The customer shall make payments to LASERTECHNIKA in the specified currency, and the day of the payment shall be the day, on which the amount is credited to LASERTECHNIKA’s bank account.
5. The Customer shall not have the right to withhold payments due to warranty or complaint claims, as well as to make any deductions from claims that LASERTECHNIKA has against the Customer.
6. In the event of a delay in payment on the part of the Buyer or other damaging actions from the Buyer – LASERTECHNIKA reserves the right to suspend delivery or provision of services until the obstacle is removed.
6. a. If the Buyer fails to meet the payment deadline, LASERTECHNIKA shall be entitled to charge late interest at the rate of 16% per annum.
6. b. In the event of a delay in payment of amounts due under more than one invoice, LASERTECHNIKA is entitled to credit each payment of the Buyer, first against interest for delay and then against the amount due with the earliest due date, regardless of any instructions to the contrary submitted by the Buyer.
7. In case of ordering the product by the Buyer and then failing to take delivery or any other failure to comply with the provisions of the contract – LASERTECHNIKA shall have the right to charge a contractual penalty in an amount equal to the gross value of the order (i.e., including the value of value added tax, which would have been added if the goods had been received). In this case, any prepayments made by the Buyer, pertaining to this order will be credited against the aforementioned contractual penalty.
8. The deadline for acceptance of the completed workpiece by LASERTECHNIKA is set by the parties at 7 days. In the event of a delay in acceptance, the Buyer may be charged with the cost of storage, subject to other, vested Seller’s rights.
9. In the event that for a period of 30 days the completed parts in accordance with the order and specifications sent by the customer will not be received by the customer, LASERTECHNIKA introduces the procedure of liquidation of the parts (scrapping, disposal, etc.), and the customer is obliged to pay for the parts made according to the order.
10. If the settlement of the order is made in a currency other than the Polish zloty, unless otherwise agreed by the parties, then values on the invoice are determined on the basis of the average exchange rates of the National Bank of Poland on the day preceding the issue of the invoice.
11. The final price of the goods shall be determined on the basis of the prices valid at the Seller on the day of placing the order.
12. Any discounts, reductions, allowances, etc. granted by the Seller shall require individual arrangements in writing.
13. The cost and method of delivery of products to the Buyer and additional services are determined individually during the acceptance of the order. In the absence of arrangements, it is implicitly assumed that the receipt of goods takes place at the registered office of LASERTECHNIKA.
14. Unless otherwise specified in writing, the risk of delivery of the goods / damage or loss shall pass to the Buyer at the time of handing over to a person authorized to receive the goods, including a forwarder or carrier.
15. delivery made within 3 working days of the confirmed date shall be deemed to have been delivered on time.
16. The Seller shall make every effort to ensure that the goods are properly packaged. Materials used for packaging are credited to the Seller’s own costs and are not refundable, except for pallets. The Seller may charge a deposit for returned pallets in the amount agreed with the Buyer.
17. Requirements for packaging, protection or labeling other than standard and related costs thereof shall be agreed upon in writing no later than at the stage of acceptance of the order.
1. The Buyer shall be obliged to examine the delivered goods in terms of quantity and quality immediately upon their reception.
2. Submission of any quantitative and qualitative complaints, must be made immediately upon receipt of goods, but no later than within 3 days of their arrival, under pain of loss of rights regarding quantitative and qualitative deviations. When considering quality complaints, their legitimacy is assessed taking into account the applicable technical standards.
3. A prerequisite for the consideration of a complaint notification is to provide unambiguous traceability of the product confirming its origin from LASERTECHNIKA, as well as an accurate description of the defect / deficiency and submission of evidence supporting the fact of the defect / deficiency, in the form of digital photographs or test results / measurements, according to the scope of the claim.
4. The disputed goods shall be available in an unprocessed form for the disposal of LASERTECHNIKA for the entire duration of the complaint, until it is terminated, i.e. the information is sent by the Seller.
5. If the complaint is considered legitimate, LASERTECHNIKA may, at its own recognition, either replace the goods for a new one, free of defects or remove the defect. Dealing with a complaint in the manner described above excludes the possibility of claiming further compensation.
6. If, of the goods delivered and sold, only some are defective and are separable from the defect-free goods, the Buyer’s right to cancel the execution of his order or to withdraw from the contract regarding the performance of his order shall be limited only to the defective goods.
7. Until the final resolution of the complaint, the Buyer is obliged to store the defective goods in a proper manner, preventing its possible damage or shortages.
8. LASERTECHNIKA shall not be liable for damage caused during the unloading of the goods. LASERTECHNIKA shall also not be liable for damages caused by improper use or storage of the goods by the Buyer.
9. The product returned to LASERTECHNIKA is subject to quantitative and qualitative inspection. LASERTECHNIKA reserves the right to refuse to accept the returned product if the product is found to be damaged to a degree greater than that indicated in the complaint report.
10. Quantitative and/or qualitative questioning of the goods shall not entitle the Buyer to withhold payment for the completed deliveries.
1. LASERTECHNIKA reserves the ownership of the sold item until the price is paid in full.
2. The Buyer, by concluding the contract, accepts GTS and agrees to the collection and processing of his personal data by LASERTECHNIKA for the purpose of order execution as well as for marketing purposes related to its activity.
2. a. The Buyer reserves all rights in accordance with the provisions of the Act of August 29, 1997 on the protection of personal data / Journal of Laws of 2002, No. 101, item 926 as amended / in particular the right to inspect their own data.
3. In the event of legal ineffectiveness or invalidity of individual points of GTS, the remaining provisions and orders executed on their basis shall remain in force. The parties shall make effort to agree on an effective provision replacing the ineffective or invalid provision, whereby it will reflect its meaning and intent as closely as possible.
4. The parties shall subject the legal relationship between them to Polish law.
5. In matters not covered by these terms and conditions, the Civil Code shall apply.
6. If there is a declaration of invalidity of individual provisions of these terms and conditions, this shall not affect the validity of the remaining provisions, unless the parties agree otherwise.
7. If due to force majeure it will not be possible for LASERTECHNIKA to perform the Purchaser’s order in accordance with the contract, LASERTECHNIKA shall be entitled to postpone the delivery date until the force majeure and its effects cease, and if it is not possible to determine the end of the resulting obstacles then it shall be entitled to partially or completely withdraw from the contract without any further obligations resulting therefrom. The postponement of the delivery date and the partial or total withdrawal from the contract by LASERTECHNIKA shall not give rise to any claim by the Purchaser, including compensation.
8. Violation by LASERTECHNIKA of its obligations under the contract with the Purchaser shall not entitle the Purchaser to rescind all contracts linking the parties.
9. The court of competent jurisdiction for the settlement of disputes arising from contracts concluded under the terms and conditions set forth in these terms and conditions shall be the court having jurisdiction over the registered office of LASERTECHNIKA.
10. The Buyer shall be obliged to immediately notify LASERTECHNIKA of any change of its registered office, company, legal form of business and address for delivery of correspondence. Failure to notify shall result in deliveries made in accordance with the data contained in the order shall be considered effective.
11. LASERTECHNIKA shall be entitled to make changes to the GTS. Such amendments shall be binding on the Parties from the moment they are delivered to the Buyer in such a way that the Buyer could become acquainted with their content.
