GENERAL TERMS AND CONDITIONS OF SALE
I. General provisions
1.1. These General Terms and Conditions, hereinafter referred to as „GTC”, constitute general terms and conditions of contracts within the meaning of art. 384 of the Civil Code of April 23, 1964.
1.2. The GTC regulate the principles of cooperation between MEGA Trailers Sp. z o.o., hereinafter referred to as „Supplier”, and entities placing orders, hereinafter referred to as „Ordering Parties”.
1.3. The GTC are an integral part of the contracts and bind the parties in their entirety from the moment the contract was concluded by the Supplier and the Ordering Party (signing the order by the Ordering Party), provided that they were made available to the Ordering Party via the following internet link: https://mega-trailers.pl/o- company / general-commercial-terms in the content of the contract contract (when signing the order by the Employer).
1.4. The GTC are available to the Ordering Party on the website https://mega-trailers.pl
1.5. If the Purchaser makes many transactions within the framework of binding parties to commercial relations with the Supplier, its acceptance of the GTC on one order shall be considered as their acceptance for all other orders.
1.6. Deviations from the GTC are possible only through their express and written acceptance by the Supplier and the Customer.
II. Orders of goods
2.1 The transaction between the parties is carried out based on the order placed by the Employer. It is addressed to the Supplier only in writing (by post or fax) or electronically, by sending the order by electronic mail by a person authorized to place orders on behalf of the Purchaser.
2.2. Orders and any changes during the duration of the order require a written form and written confirmation by the Supplier.
2.3. Orders signed and sent by the Purchaser to the Supplier may not be canceled, unless the Purchaser’s declaration of cancellation of the order comes with the Supplier.
III. Prices and delivery time
3.1 The prices of individual goods are determined on the basis of the price list applicable at the Supplier’s on the day of placing the order. When ordering an unusual product not included in the Supplier’s price list, the price is determined on the basis of an individual valuation.
3.2 The prices specified in the price lists sent to contractors are binding until the Supplier notifies them in writing of the change.
3.3 The buyer bears full responsibility for any additional payments related to any changes he makes after placing the order, in particular: – structural changes, – equipment changes, – changes in the specifics of the ordered goods, – delivery of damaged and incorrect components, – non-delivery of sub-assemblies or parts for the implementation of goods within the time limit set by the Supplier.
3.4 The Buyer is responsible for additional payments or changes to the dates of the contract resulting from the Employer’s delays in presenting the documentation necessary to perform the contract.
3.5 The price and date set for the day of signing the contract may change during its implementation, in the cases specified in the points below.
3.6 Any changes related to the production process made during the performance of the contract affect the extension of the deadline for this order.
3.7 Subsidies and extension of the deadline are specified by the Vehicle Construction Department in consultation with the Supplier, individually for each order.
3.8. For the delay in the performance of the Order due to the fault of the Supplier, the Supplier shall pay the Purchaser a contractual penalty of 0.5% of the value of the object of the contract for each week of delay, but not more than 2% of the total value of the order. The contractual penalty will be charged after exceeding 30 days of delay.
3.9. The Supplier shall not be liable for the lack of execution of the order or delay in the execution of the order, if they occurred as a result of force majeure. However, the Supplier is obliged to immediately inform the Ordering Party in the form of his choice of events that caused full or partial inability or delay in the performance of the contract. Events referred to as force majeure include, among others disturbances in the functioning of the producer’s plant not caused by the Supplier, restrictions caused by the management of the authorities, natural disaster, strikes, etc.
3.10 The delivery date is binding for the Supplier, when both the Supplier and the Ordering Party have accepted it in writing.
3.11. Delivery conditions start only after the Supplier has received the order.
3.12. The delivery date is counted from the date of receipt of the agreed down payment amount on the Supplier’s bank account. If, after the conclusion of the contract (signing the order) within 14 days, the Supplier does not record the payment of the above deposit, the order is considered canceled.
4.1. Payment for the received goods should be made immediately after issuing the VAT invoice, but not later than on the date indicated on the VAT invoice or according to the payment terms agreed in writing. These deadlines are in each case specified in days and are counted from the date of invoice.
4.2. Unless otherwise agreed by the Supplier and the Purchaser, payments shall be payable to the Supplier’s bank account indicated in the invoice. The date of payment is the date of posting the entire agreed price on the Supplier’s bank account. The costs of making the payment, including costs related to conversion, are borne entirely by the Ordering Party.
4.3. The Supplier reserves the right not to release the goods if the entire amount constituting the payment for the given goods is not credited to the Supplier’s bank account.
4.4. The Purchaser is obliged to collect the goods within 30 days of the Supplier submitting the full order. After this time, parking costs will be charged at 0.5% of the value of the subject of the contract for each day, but no more than 5% of the total value of the order.
4.5 If the Purchaser fails to collect the ordered goods within 2 months of the Supplier’s full notification of the order, after this time the Manufacturer reserves the right to charge the vehicle parking costs in the amount of 1% of the value of the object of the contract for each day, but not more than 10% of the value of the object order, and the right to sell the subject of the contract to a third party and in this case retain the deposit paid by the Employer. The aforementioned costs of parking the vehicle will be charged by the Supplier until the subject of the order is sold to a third party or until the goods are collected by the Ordering Party.
V. Retention of title
5.1. The ordered goods remain the property of the Supplier until the Purchaser has paid the entire sale price.
5.2. Until the payment of the total sale price, the Purchaser may not dispose of the ordered goods or put them into use.
6.1. The delivery is carried out on EXW terms – the goods are delivered when the Supplier puts them at the disposal in the warehouse located at their premises.
6.2. The Purchaser, on the day of handing over the goods, has the right to final acceptance at the Supplier’s office.
6.3. Before collecting the goods, the Supplier will enable the Purchaser to evaluate the goods visually.
6.4. The document confirming receipt is the Delivery and Acceptance Protocol, which confirms the compliance of the goods with the order. Signing the report by the Employer or a person authorized by him confirms the compliance of the goods with the order.
7.1. The grades, dimensions, masses, tolerances and quality of goods are specified in the following General Construction Tolerances and European ISO standards:
a) frames, boxes, axles are made according to PN-EN ISO 13920;
b) linear dimensions are made in tolerance class „D”;
c) the dimensions of the angles are made in tolerance class „C”;
d) straightness, flatness and parallelism are carried out in tolerance class „H”;
e) visual examination of welds for steel are made according to EN ISO 5817, in quality class „B” for butt joints of stringers and for fillet joints of stringers with means, all other welds are examined in class „C”;
f) visual inspection of welds for aluminum are carried out according to PN-EN ISO 10042 in quality class „C”;
g) slight stains are allowed inside the frames; h) corrosivity category C3 according to EN ISO 12944-2 and EN ISO 12944-6.
h) Records nn. point 7.1 applies to vehicles available at the manufacturing plant: Durmuş Özgül Otomotiv İthalat İhracat Sanayi ve Ticaret A.Ş., at Konya Organize Sanayi Bölgesi 12. Sokok No: 16 Selçuklu / KONYA – TURKEY and the Supplier is not liable for minor defects during transporting the vehicle to its headquarters.
VIII. Warranty for defects in goods
8.1 The Awarding Entity’s rights under the warranty for defects shall be excluded. This does not apply to the Ordering Party who is a Consumer within the meaning of art. 221 of the Civil Code Act of April 23, 1964.
IX. Warranty claim
9.1. The Supplier grants the Purchaser a guarantee for the purchased goods for a period of 12 months, with no mileage limit.
9.2. The Supplier grants the Employer a warranty on axles for a period of 36 months or 240,000.00 km, whichever comes first.
9.3. The warranty period begins on the day the goods are delivered to the Ordering Party, whereas if the Ordering Party fails to collect the subject of the order within 2 months of the Supplier’s submission of the full order, the warranty period begins automatically on the day following the expiration of 2 months from the Supplier’s full completion orders. The warranty period, however, runs again from the moment the goods are released to a third party referred to in point 4.5 of the GTC.
9.4. The warranty claim should be sent to the Supplier by post, fax or e-mail to the address: firstname.lastname@example.org.
9.5. The warranty claim should be submitted on the form in force on the day of the event and the description must indicate: – Employer’s data; – vehicle identification number; – pictures showing a defect and / or a defect; – a brief description of the fault and / or fault.
9.6. In the event that the Supplier recognizes that the defect and / or fault reported by the Ordering Party is covered by the Manufacturer’s warranty and that it was caused by the Producer during the warranty period granted, the Employer’s rights under the warranty will be exercised through one of the following three methods:
a) The Employer delivers, at his own expense, to the Supplier’s headquarters the goods covered by the warranty claim, and the Supplier repairs it at the Producer’s expense;
b) If repair at the Supplier’s premises is not possible, the Employer provides space and equipment to enable the Supplier to remove the damage;
c) If the repair is not possible at the Supplier’s premises and the Supplier is not able to remove the defect at the Purchaser’s premises, the Supplier sends a repair kit suitable to remove the defect and / or defect, and the costs associated with the assembly, replacement or repair of the goods covered by the warranty claim Manufacturer cover. The cost of assembling, replacing or repairing a good is estimated on the basis of the manufacturer’s internal factory standards indicating the working time for performing specific activities.
9.7. Until the final consideration of the warranty claim, the Purchaser is obliged to store the goods covered by the warranty claim in a manner that prevents its possible damage, destruction and the increase of the reported defect and / or defect.
9.8. The Supplier shall not be liable for faults and defects caused by improper use or storage of goods
9.9. In matters concerning the Supplier’s liability for defects and / or defects of goods, the provisions of Section III on Guarantee shall apply accordingly to the sale of the Act of 23 April 1964 Civil Code.
9.10. All defects and defects that are within the General Tolerances for Welding Structures and specified European ISO standards will not be taken into account when considering the warranty claim.
X. Final provisions
10.1. In matters not covered by these GTC, the provisions of the Act of 23 April 1964 Civil Code shall apply.
10.2. In the event of invalidity of certain provisions of the GTC due to the introduction of different statutory regulations, other provisions of the GTC will not expire.
10.3. In the event of a conflict between the provisions of the GTC and the content of the guarantee book issued to the Employer, constituting a guarantee statement within the meaning of art. 577 § 1 of the Act of 23 April 1964 Civil Code, priority is given to the provisions contained in the warranty book.
10.4. In the event of a conflict between the provisions of the GTC and the Agreement signed between MEGA Trailers Sp. z o.o. and the customer, priority is given to the provisions contained in the signed contract.
10.5. The Supplier and the Purchaser shall endeavor to settle amicably any disputes arising in connection with the performance of contracts covered by these terms. If it is impossible to settle the case amicably, the Polish common court competent for the seat of the Supplier shall be competent to resolve the dispute.
10.6. In the case of contracts with foreign Employers, the text in Polish is decisive for contracts in several languages.
10.7. All contracts concluded by the Supplier are concluded in accordance with Polish law and are subject to Polish law.