- The general terms and conditions set forth below apply to all deliveries effected by Pol-Nil S.A. for sale. Any different terms or conditions as dictated by the Buyer which have not been expressly accepted in writing by the Seller shall not be binding, even if Seller has not expressly rejected such terms and conditions. Verbal agreements will become effective only if the Seller confirms them in writing. The sale of the products is effected against the Buyer’s order including all details concerning the ordered product.
- The Seller has the right to refuse the accept of the order in the case that:
- the order is not in accordance with the submitted offer
- the order was placed after termination of the offer
- The Seller is obliged to deliver goods conforming to the specification of the Order Confirmation. Packing should be adjusted to the specific of goods and to the kind of transport for their delivery, or according to Buyer’s instruction.
- Invoices for the goods delivered are to be paid in full value in the way foreseen in the Order Confirmation. Any claim which would arise out of this or any other contract’s sale will be dealt with separately and no claimed amount shall be deducted from the invoice value. In the case of delayed payment Seller has the right to stop further deliveries or to debit the Buyer with interest rate.
- Shipping instructions if not included in the Order should be given by the Buyer as soon as possible. Any costs incurred by Buyer’s failure to give such instructions in due time or by the subsequent change of the instruction previously given are to be borne by him. If the Seller does not receive shipping instructions in due time, he is entitled to ship the goods to the address of the Buyer.
- The Seller will not be responsible for the delay or hindrance of shipment or manufacture of the goods specified in the Order Confirmation when it is caused by the force majeure i.e. fire, floods, droughts, wars, riots, strikes, damage of factory, or any other cause beyond Seller’s control. In this case the Seller must give prompt written notice to the Buyer of such delay or hindrance.
- Buyer is entitled to lodge the claim against the Seller if the goods have not been delivered in accordance with terms of Order Confirmation. Any claims for quantity and (or) quality of the goods must be lodged by the Buyer in writing, immediately after their discovery but not later then:
- 20 days for quantity claims and
- 30 days for quality claims from the date of dispatch
- The Parties agree that all disputes, controversies or difference which may arise from the contract or in connection with it and which relate to its validity or interpretation as well as to the validity of this arbitration clause, will be settle with the exclusion of common court, by Court of Arbitration at the Polish Chamber of Commerce, Warsaw, Poland according to its Rules.
Commercial terms and abbreviation, used in this Order Confirmation should be understood according to Incoterms Rules 2010.
Any changes in and additions to the Order Confirmation shall not be binding until accepted in writing and signed by both parties.