GENERAL TERMS AND CONDITIONS OF AGREEMENTS
I. Data of the company (the contractor)
FOLMI Szeliga Michał
Targanice ul. Beskidzka 48, 34-120 Andrychów, Poland
VAT Number: PL 5512433495
tel: +48 888 999 304
II. Scope of applicability of the terms and conditions of agreements
1. The terms and conditions of agreements shall apply to all sales and service provision agreements concluded by FOLMI with customers who are not consumers in the meaning of Article 22 of the Polish Civil Code.
2. The terms and conditions of agreements are publically available at www.folmi.pl, which the Customer is made aware of before conclusion of the agreement. By concluding a sales agreement, the buyer confirms that these terms and conditions have been made available to him and consents to them as to an integral part of the agreement. The terms and conditions may also be sent to the Customer electronically at any point upon his request.
III. Agreement, order conclusion
1. Conclusion of an agreement shall take place upon receipt by the Customer of order confirmation issued by FOLMI.
2. Any changes to the agreement must be made in writing, otherwise being null and void.
3. In the order, the Customer describes: the name of the product, type of material, order size (quantity in the relevant unit of measurement – kg, m2, linear metre, number of packs), desired delivery date, address and conditions concerning the delivery, compatible with the terms and conditions of agreements. Should the Customer withdraw from the agreement more than 3 days after order confirmation or after the start of carrying out the order, the customer shall cover the full cost of the works carried out and the materials purchased by FOLMI. A person who signs the order and/or confirmation, and is not authorised to act in the name of the Customer, bears full personal liability with their full property towards FOLMI pursuant to Article 103 § 3 of the Polish Civil Code.
4. If the Customer has placed an order, in case of any doubts as to the contents of the agreement, the contents of the order confirmation sent to the Customer by FOLMI shall prevail, taking into account the provisions of these general terms and conditions of agreements.
IV. FOLMI's obligations
1. FOLMI shall carry out the order in accordance with the order or its confirmation, package the product in the standard way according to the properties of the product, inform the Customer that the product has been made ready for receipt and hand over the product, and upon request, provide information concerning the properties, purpose and material composition of the product.
2. Orders are carried out with a quantity tolerance of +/- 10%.
3. The length of the sack given in the sizing is the section from edge to edge of the sack, and not to the seam.
4. FOLMI shall not be liable for the content of the printing on the products made; any errors should be caught by the Customer during approval of the graphic design and any comments should be communicated to FOLMI. If the Customer has approved a design containing errors and FOLMI has already produced the matrix, modifications in the matrix or changing of the matrix shall be charged to the Customer.
5. Products made from regranulate have a lower lifetime and durability and also have a more intensive odour than products made from raw materials.
V. Price and payment terms
1. The current price of a product is contained each time in the order confirmation, unless FOLMI accepts the price given by the Customer.
2. For printed products, a pro forma VAT invoice is always issued, payable for 100% of the order value before carrying out of the order, unless FOLMI and the Customer agree otherwise.
3. If the payment is done via transfer, the date of crediting FOLMI's bank account is the date of making the payment.
4. Statutory interest shall be charged for overdue payments.
VI. Release, storage and use of the product
1. The product is released from FOLMI's warehouse or a place indicated by FOLMI. Release of the product to the Customer (receipt) is confirmed with a document signed by a person authorised to represent the Customer. Upon receipt on FOLMI premises or elsewhere, the person acting on behalf of the Customer shall present a written authorisation. Otherwise FOLMI may decline to release the product.
2. If the product is consigned to a carrier, the document confirming performance of the delivery shall be the consignment note or other shipping document.
3. Risk of product loss or damage shall pass to the Customer upon its issue to the Customer, his representative or a carrier.
4. If receipt of the product is delayed, FOLMI shall be entitled to charge a contractual penalty for storage of the goods of PLN 30 per pallet per week.
5. In the case of deliveries carried out by shipping companies, forwarding, couriers, during receipt the Customer should check the condition of the product and, in case of damage, draw up the proper document containing a description of the damage, and should file a complaint with the transport company.
6. Products made of plastic film should be stored in appropriate conditions, in dry premises, in temperatures no lower than +5 °C and no higher than +35 °C, at a distance no lower than 1m from heating devices; the film should also be protected from direct exposure to sunlight. The customer is responsible for documenting the performance of these conditions.
7. Should defects affecting further processing be found, the Customer shall immediately halt the production process and inform FOLMI of the problems, otherwise the Customer shall lose its rights to make claims against FOLMI.
VII. Retention of title
FOLMI shall retain the ownership title to the product sold until the Customer has paid the full price.
VIII: Changes to the terms and conditions
Any arrangements changing or annulling any of the provisions specified above shall be made in writing, otherwise being null and void.
IX. Force majeure
Neither party shall be liable for failure to perform or improper performance of the obligations arising from the agreement if caused by force majeure.
Force majeure shall mean any circumstances resulting from phenomena which could not reasonably have been foreseen or prevented, external to the parties and not caused by a party, or by any party that a party to the agreement is responsible for.
X. Place of performance, competent court
Polish law shall apply in the interpretation and application of this agreement. Any disputes arising from this agreement shall be examined by the common court with jurisdiction over the seat of FOLMI.