Terms and Conditions of Sale and Order

Terms and Conditions of Sale and Order

§ 1. Preliminary Provisions

  1. These General Terms of Sale and Order („GTSO”) set out the rules for concluding and performing sales contracts, deliveries and service contracts between ROLMEX Karol Misiuda (ROLMEX Misiuda Sp. z o.o. after transformation), hereinafter referred to as the „Seller”, and natural persons, legal persons or organisational units, hereinafter referred to as the „Buyer”.
  2. Acceptance of the GTSO occurs at the moment of placing an order, signing a sales contract or taking delivery of the Product.
  3. In the event of any discrepancy between the provisions of the GTSO and the provisions of a specific sales contract, the provisions of the contract shall prevail.
  4. The Seller reserves the right to amend the GTSO. The new wording enters into force on the date of its publication, provided that it does not apply to contracts already concluded.

§ 2. Orders

  1. Orders are accepted in written or electronic form.
  2. The Seller confirms acceptance of the order in written or e-mail form. Only the confirmation constitutes conclusion of the sales contract.
  3. In the absence of order confirmation by the Seller, the order is not binding.
  4. The Seller may refuse to perform an order in the event of the Buyer’s payment arrears, lack of production capacity or for reasons beyond the Seller’s control.

§ 3. Prices and Payment Terms

  1. All prices are net prices and do not include VAT, transport costs, assembly costs or other charges, unless otherwise agreed.
  2. The price applicable to the Buyer is the price indicated in the order confirmation.
  3. A condition for activating the full warranty and service protection is the Buyer’s payment in full (100%) plus any accrued interest, for the machine and – if applicable – for the service package.
  4. In the event of non-payment within the agreed deadline, the Seller has the right to withhold delivery or the provision of services.
  5. All payments should be made by bank transfer to the Seller’s bank account indicated on the invoice.

§ 4. Delivery and Acceptance

  1. Delivery of the Product takes place within the deadline indicated in the order confirmation.
  2. The risk of accidental loss of or damage to the Product passes to the Buyer at the moment the goods are handed over to the carrier or at the moment of acceptance by the Buyer.
  3. The Buyer undertakes to inspect the condition of the delivery and to report any objections immediately upon acceptance.
  4. Acceptance of the goods without objections constitutes acceptance of the quantity, type and quality of the delivered Product.

§ 5. Warranty and Protection

  1. The Seller grants a warranty on the Products offered under the terms set out in this paragraph and in the „Warranty Terms” annex.
  2. The warranty applies only upon the joint fulfilment of the following conditions:a) the Buyer has made payment in full (100%) for the Product and the service package, if purchased;b) the machine has been put into operation in accordance with the Seller’s technical documentation.
  3. The warranty covers material and manufacturing defects revealed during the warranty period, provided that the operating rules set out in the user manual are observed.
  4. A condition for honouring the warranty is the performance of the mandatory service and warranty inspections, to the extent that the user manual provides for such inspections.
  5. During the warranty and service period, all repairs, inspections and service activities may be carried out exclusively by ROLMEX Karol Misiuda (ROLMEX Misiuda Sp. z o.o. after transformation) or with its written consent.
  6. Any unauthorised repairs, modifications, alterations or interventions by third parties without the Seller’s consent result in the immediate expiry of the warranty.
  7. Warranty and service activities are provided exclusively within the territory of the Republic of Poland, unless the Parties agree otherwise in writing.
  8. If a complaint is recognised as justified, the Seller shall remedy the defect by repair, supply of a replacement part or replacement of the machine with one free from defects.

§ 6. Service Package

  1. Together with the Product, the Buyer may purchase a basic or extended service package, covering inspection and service activities.
  2. Activation of the package takes place after full payment for the machine and the package and after activation of the warranty.
  3. The scope of services within the service packages is set out in a separate annex or service agreement.

§ 7. Liability

  1. The Seller shall not be liable for indirect damages, lost profits or downtime caused by a failure of the device.
  2. The Seller’s total liability may not exceed the net value of the Product.
  3. The Seller shall not be liable for damages resulting from improper use, storage or assembly of the Product.

§ 8. Force Majeure

The Seller shall not be liable for delays in or non-performance of the contract caused by force majeure, including: natural disasters, war, epidemic, lack of components, transport failures or administrative decisions beyond the Seller’s control.

§ 9. Final Provisions

  1. Any amendments to the GTSO require written form under pain of nullity.
  2. In matters not regulated herein, the provisions of the Polish Civil Code shall apply.
  3. Disputes arising from these GTSO shall be settled by the court having jurisdiction over the Seller’s registered office.
  4. These General Terms of Sale and Order enter into force on 1 February 2023 and remain in effect until revoked or replaced by a new version.

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