MAC-GRAF Sp. z o. o. Limited

These  General Conditions of Sale and the provision of services, hereinafter referred to as the GCS, created by Mac-graf Sp. z o.o., shall apply to all sales or service provision transactions with Recipients (Contractors, business entities) in which MAC-GRAF Sp. z o. o. acts as the Supplier or the Seller. The GCS constitute an integral part of all offers submitted by the Supplier and Agreements concluded by it, unless otherwise agreed individually with a specific Recipient in writing. The condition for the conclusion of the Delivery Agreement is the order accepted by the Supplier, and the order placed by the Recipient containing a detailed specification of the ordered goods, products or services (product catalog code, detailed description of the goods, in the case of specific applications, the conditions in which it is to be used), their quantity, delivery date , terms of payment, terms of delivery, place of delivery, as well as confirmation of order acceptance by the Supplier. By placing an order by the Recipient, he accepts these GCS without reservations.

I. Form of Sale

• Direct retail and wholesale sales take place at the company’s headquarters or branches: Bydgoszcz, ul. Bydgoskich Przemysłowców 21, Sosnowiec ul. Baczyńskiego 2
• Sale of goods with delivery by transport and forwarding companies.

II. Offers and orders

• Inquiries are accepted in writing, by e-mail or by phone, this applies to regular customers in the scope of a permanent form of cooperation.
• The offer includes: a list of goods, quantity of goods, net price, payment terms, payment date, delivery date, offer validity date. The bidder reserves the right to sell the offered goods until your order is received.
• Direct sales orders are accepted in oral or written form. They do not have to be preceded by an inquiry.
• Mail orders are accepted in writing, via e-mail, by post to the addresses of company branches, or by phone in relation to regular customers in the scope of a permanent form of cooperation in accordance with the content of the following points. They do not have to be preceded by an inquiry.
• In order to conclude a contract, the Order Taker sends a sales order, products or services or accepts a purchase order from the Ordering Party in writing, via e-mail, by letter to the addresses of company branches or by phone, specifying at least a detailed specification of the ordered goods, products or services (catalog code goods, detailed description of the goods, in the case of specific applications, the conditions in which it is to be used, their quantity, delivery date, delivery conditions, place of delivery. the quantity of goods, and will indicate binding price conditions and payment terms. The supplier has the option to refuse the offer without justification.
• Fulfilling the above-mentioned requirements will allow for error-free and quick execution of the order. The supplier is not responsible for any price inconsistencies on the VAT invoice, non-availability of the goods, as well as non-compliance with the specific parameters of the goods specified in the original order in the absence of its confirmation in writing, via e-mail or by letter to the addresses of company branches.
• The Supplier shall not be liable for errors and omissions made by the Recipient in the content of the order, as well as for the faulty selection of the ordered goods or services by the Recipient.
• Any technical advice on the part of the Supplier is for informational purposes only and does not result in the Supplier’s liability for this.

III. Delivery terms and conditions

• The supplier is obliged to deliver the goods meeting the conditions specified in the order confirmation, i.e. the date and place of delivery, quantity, type of goods, price.
• All benefits and burdens related to the goods and the risk of their accidental loss or damage shall be transferred to the Recipient upon the release of the Good from the warehouse (EXW) or upon the release of the Good at the Recipient’s premises (DAP).
• The value of the goods includes delivery costs.
• The goods are delivered (to the address indicated in the order) by Transport (forwarding) companies at the Supplier’s expense. Provisions in the scope of delivery deviating from the preceding sentence are allowed with the consent of the Supplier.
• The goods remain the property of the Supplier until the Recipient pays the entire price for the ordered and delivered goods (security transfer), to which the Recipient agrees unconditionally.
• The delivery dates for the ordered goods are specified in the order confirmation. The Supplier reserves the right to change the delivery date due to circumstances beyond his control, in particular: omissions or delays in the performance of obligations on the part of the Recipient, including delivery of the Supplier: performance specifications, changes to the Recipient’s instructions regarding transport instructions, ordering goods, the need to agree details orders by the Supplier and the Recipient, etc. In the cases described in the preceding sentence, the Supplier shall not be liable either towards the Recipient or its contractors. The Supplier is obliged to immediately inform the Recipient about the occurrence of the above circumstances together with the setting of a new delivery date.
• Partial deliveries are allowed, provided that the Recipient agrees in writing, by e-mail or orally.
• If, in the order, the Recipient has specified in detail the type of receipt of the goods as a personal collection, he should collect it within 7 days from the date of confirmation of the order. If the goods are not picked up, the order will be canceled. In this case, the Recipient undertakes to cover any costs incurred by the Supplier in this respect.
• If the form of prepayment is agreed in the terms of payment, the delivery date may be extended by the period of delay in making the payment. The date of payment shall be the date of crediting the Supplier’s bank account.
• In the event of establishing the cash on delivery method in the payment terms, the Recipient who does not collect the parcel will be charged with the costs of sending and returning the parcel to the Supplier.
• The recipient is obliged to check the received goods upon receipt of the shipment. In the case of deliveries made by transport companies, the complaint about the delivery (damage to the parcel, quantity shortages) must be documented with a damage report prepared by the Recipient immediately after receiving the parcel in the presence of the courier or representative of the transport company delivering the parcel. If the goods are incorrect or with the specifications resulting from the order placed, the Recipient is obliged to notify the Supplier immediately no later than within 2 working days from the date of receipt of the goods, before further use (processing). If the quantity of the Goods is not in accordance with the waybills, The Recipient is obliged to immediately notify the Supplier about it and confirm to the courier or a representative of the transport company the actual amount of the received Goods. The same applies to any visible damage and / or defect that can be identified without requiring additional tests or measurements. Damaged or defective goods should be returned to the Supplier immediately, not later than within 2 working days of notification, but after agreeing the form of delivery with the Supplier. If the Recipient does not fulfill the above obligations, the delivery will be considered accepted without reservations. Unless agreed otherwise, within 30 days, the returned goods will be replaced with goods free from defects or their defects will be removed after the Supplier’s examination of the notification and possible acceptance of the submitted complaints within the scope of delivery.
• The Supplier is not responsible for delays in the delivery of goods caused by the transport and forwarding company and for reasons beyond the Supplier’s control attributable to third parties. The Supplier is also not responsible for the Recipient’s losses related to running the business, loss of profit, loss of time, lost earnings and other indirect losses. In Agreements to which the Supplier is a Party and concluded with entrepreneurs, warranty for defects is excluded.

IV. Administrative permits and decisions

The recipient is obliged to obtain, at his own expense, all permits or other administrative decisions required by law for the delivery, transport or use of the goods in accordance with their intended purpose. In addition, the Recipient will cover any additional costs or expenses incurred by the Supplier in connection with the Recipient’s breach of the GTCS, i.e. additional costs of transport or storage by courier companies of the uncollected goods.

V. Payments and Prices

• The date and form of payment are agreed for each Recipient individually by an authorized employee of the Supplier. The payment deadline runs from the date of issuing the VAT invoice.
• The decision to make a payment by bank transfer is considered for Recipients who have previously made purchases from the Supplier or received the payment date from the Supplier.
• If the payment is made by bank transfer, the date of payment shall be the date of crediting the Supplier’s bank account.
• The basis for determining the selling prices is the current selling price list or the offer submitted by the Supplier on the basis of the Customer’s inquiry.
• All data contained in prospectuses, catalogs, leaflets, announcements, price lists and other materials are only informative and indicative and do not constitute an offer within the meaning of the provisions of the Act of 23 April 1964 Civil Code (Journal of Laws of 1964 No. 16, item 93, as amended).
• In the offers, the product prices are net prices. Value added tax is added to the net prices in the amount in accordance with the applicable VAT rate.
• If the offer is priced in a currency other than PLN, the basis for the settlement of the transaction is the exchange rate used by the Seller. In the case of settlements in the form of prepayment, the basis for settling the transaction is the amount expressed in a currency other than PLN disclosed in the presented and accepted offer.
• The supplier reserves the right to change prices in cases justified by changes in the market situation, the inflation rate, an increase in the prices of goods, raw materials and materials.
• The right reserved in point 9 does not apply to the prices given by the Seller in the term sale offers.
• In the event of overdue payments by the Recipient, the execution of orders is suspended until the appropriate payments are made.
• In the event of payment arrears, the Supplier has the right to:
  • suspend the implementation of already accepted orders,
  • refusal to issue ready orders,
  • suspending the Recipient’s rights to pay by bank transfer and collecting the rebates granted,
  • refusal of any further cooperation, sale.
  • charging statutory interest for late payment

VI. Complaints

• The basis for commencing the complaint procedure is an immediate written notification of a complaint containing a description of the defect complained about, in the case of entrepreneurs the deadline is 24 hours from the moment the defect was discovered, in the case of natural persons the deadline is 7 days from the moment the defect was found. The Recipient is obliged to notify the Supplier about this by attaching the Complaint Report.
• The reply to the submitted complaint as to the method of its settlement should be given by the Supplier within 14 days from the date of receipt of the advertised product. If a detailed examination, expert opinion or repair of the goods is required at the manufacturer’s, the complaint may be considered in a longer period, subject to the content of point VI.4 of the GTCS, provided that the Recipient is informed before the expiry of 14 days.
• The goods complained about should be returned to the Supplier within 2 working days from the date of filing the complaint, including the Complaint Protocol, however not earlier than after agreeing with the Supplier on the form of delivery and the date of delivery. The Recipient is informed about the result of the considered complaint in writing, orally or as otherwise agreed by the parties, by an authorized employee of the Supplier.
• The Buyer has no right to remove defects at the expense of the Seller on his own or by third parties. Any actions indicated in the preceding sentence result in the loss of the guarantee and warranty, if granted.
• Filing a complaint does not entitle the Recipient to withhold payment for the goods or for part of them. The Supplier has the right to withhold the realization of its claims against the Recipient due to the complaint until the Recipient settles all overdue obligations (not applicable to consumers).
• If the complaint is rejected, the Recipient is obliged to collect the goods under complaint within 14 days.
• All costs related to an unjustified complaint shall be borne by the Recipient.

VII. Guarantee

• The supplier ensures that he relies on his experience in his business and that all technical advice, as well as the offered products and services, are provided with due diligence, subject to the content of point II. 8 GTC
• The supplier provides a guarantee for its goods and products for the product indicated in the product card, counting from the date of receipt of the goods, provided that the goods are used and stored properly and in a manner consistent with its intended use, technical properties, traceability, manufacturer’s instructions or operating instructions and available at the Supplier’s PRODUCT CARD.
• The supplier is not responsible for the consequences of improper or inconsistent with the intended use of the goods, as well as for its use in special conditions that were not indicated in the order.
• The supplier is not responsible for the natural wear and tear of the goods as a result of its proper use.
• Loss of warranty claims and warranty claims for defects is caused by the following actions: – improper operation, – exceeding the technical parameters specified in the relevant product sheets or in offers, – use of inappropriate media, – interference in the structure without the written consent of the Supplier, – interference of third parties in the substance goods, machinery or equipment, including attempts to repair, modify, etc.
• In the case of entrepreneurs, the warranty for defects is excluded.

VIII. Force majeure

If the circumstances are beyond the control of the Supplier and the Recipient, in particular, such as disruptions in the production or transport of goods caused by strikes, factory and equipment failures, accidents, local or national threats, trade disputes, floods, fires, earthquakes, etc., the delivery may be delayed or detained as appropriate, upon written notice, until normal conditions are re-established.

IX. CHARACTERISTICS OF THE PRODUCTS AND CONDITIONS OF USE, STORAGE

• The terms of use and storage of products define
  • product card – product characteristics
  • specific recommendations and prohibitions related to product processing, e.g. cutting, laminating, welding, storage, etc.
    • Processing and storage
      • do not use open fire near the processed or stored product
      • eliminate the possibility of the accumulation of electrostatic charges. Use appropriate grounding of machines and devices processing PE foam, storage racks and employees
      • protect the product against high temperature and direct sunlight
      • protect against moisture
      • ensure good ventilation during storage and processing (applies to rolls, forms and products otherwise processed)
      • protect against the effects of strong oxidants and other substances reacting with the plastic
      • ensure safe stacking of palletized units or the product in other packages
      • the product should be stored in dry rooms, in original packaging, at a distance of at least 1 m from heating devices
    • Housing requirements:
      • cool, dry and well-ventilated
    • Packaging:
      • for safety reasons, store the product in its original packaging
      • protect the packages against mechanical damage
• Indicated in point IX rules of using the product are necessary conditions for the possibility of using the products and have an impact on the implementation of the recipient’s rights under the guarantee and possible warranty.
• By placing / accepting an order that is being carried out by the Supplier (seller), the recipient declares that he accepts all the above conditions and undertakes to strictly perform them.
• The Recipient acknowledges and releases the Supplier (Seller) from liability for damage to products and any other property and persons due to failure to comply with the above obligations.

X. Final Provisions

• The Recipient has the right to withdraw from the GCS only if the Supplier blatantly violates the provisions of the GCS
• These GCS and their subsequent versions approved in writing constitute an integral part of the Agreements concluded between the Supplier and the Recipient.
• If any of the provisions of the GCS is declared invalid, the validity of the remaining provisions or other parts of the GCS shall not be affected.
• The GCS apply to all orders carried out by the Supplier, starting with the Recipient, and shall not be entitled to assign the rights under the GCS and the Agreement between the parties without the written consent of the Supplier, otherwise null and void.
• In matters not covered by these GCS, the provisions of the Civil Code shall apply.
• The parties will strive to amicably settle any disputes arising from the performance of orders and complaints covered by these GCS. If it is impossible to settle the matter amicably, the Court of the Supplier’s seat shall be competent to resolve the dispute.
• All provisions deviating from the content of the GCS must be agreed in writing under pain of nullity.
• By placing an order that is accepted for execution by the Seller, the Recipient absolutely and unconditionally accepts the terms of the GCS as binding. The GCS are published on the Supplier’s website www.mac-graf.com.pl and provided to the Recipient upon confirmation of the order or, in the case of new contractors, prior to the commencement of cooperation on the “contractor’s form” constituting the basis for entering the contractor and his data into the Supplier’s systems.
• GDPR Information Obligation  In the performance of the obligation provided for in Art. 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation ) (Journal of the EU. L) (“GDPR). The Supplier provides the Recipient with the following information when obtaining his personal data: The data administrator is MAC-GRAF Sp. z o. o., Bydgoszcz, ul. Bydgoskich Przemysłowców 29, contact details: E-mail: macgraf@mac-graf.com.pl

The Administrator processes personal data for the following purposes, for which the Administrator indicates the following legal grounds for processing:

a) conclusion and performance of a civil law contract with a person with whom this type of contract was concluded provisions governing individual types of contracts in connection with with Article 6 of Act 1 (b) GDPR and Art. 9 sec. 2 letter b) of the GDPR; b) performance of obligations under the law, in particular for the purposes of keeping accounting and tax documentation, health and safety obligations, maintaining the rules of operation on the premises of the plant, IT service, etc. Art. 6 sec. 1 lit. c) GDPR; c) pursuing the Administrator’s claims against a natural person before a common court, art. 6 sec. 1 lit. f) GDPR. The legitimate interest of the Administrator is expressed in the necessity to process personal data of a natural person who has concluded a civil law contract with the Administrator in order to pursue the Administrator’s claims against this natural person before a common court. The recipients of personal data are authorized employees of the Administrator, and in cases of entrusting services to other entities, their authorized employees, as well as administrative bodies, services or institutions that request access to data under the rights resulting from legal provisions or to whom the Administrator will provide personal data to on the basis of the right specified in the provisions of law. The recipients of personal data may also be common courts in connection with the Administrator taking legal action against a given person. Under the conditions set out in Art. 15 of the GDPR, you have the right to access your personal data and to obtain a copy of the data. In the matter of exercising these rights, please contact: Personal data are processed for the periods required for keeping contractual and tax accounting documentation, but not shorter than the period of limitation of tax liabilities and civil claims. You have the right to access personal data relating to your person, rectify it, delete or limit processing, and the right to object to the processing, as well as the right to transfer data. You may object at any time for reasons related to your particular situation to the processing of your personal data. If, regardless of the Provider, the person providing the data provides additional personal data by giving consent, you may withdraw your consent at any time, without affecting the lawfulness of the processing which was carried out on the basis of consent before its withdrawal. You have the right to lodge a complaint with the President of the Personal Data Protection Office, i.e. the personal data protection authority, if you find that the processing of your personal data violates applicable law in the field of personal data processing. Providing your personal data by you is voluntary and at the same time necessary to fulfill the Supplier’s obligations related to the conclusion and performance of the contract. The administrator does not make automated decisions on the processing of personal data, e.g. profiling.

Attachments:

contractor form

complaint form

The Management Board of the general partner Mac-Graf Sp. z o.o.