General Terms and Conditions of Sales

  1. The general terms and conditions set forth below apply to all sales performed by Pol-Nil Sp. z o.o. Any different terms or conditions, which have not been clearly accepted in writing by the Pol-Nil Sp. z o.o., shall not be binding, even if not rejected directly. Verbal agreements will become effective only if Pol-Nil Sp. z o.o. confirms them in writing. The process of sale of the product is based on the Buyer’s order, which must include all the details concerning the product, quality, packing, etc.
  2. Pol-Nil Sp. z o.o. has the right to refuse the order in the following cases:
    a) the order is not in accordance with the submitted offer;
    b) the order was placed after the offer expired;
    c) the order does not include all the crucial (especially: quality related) information required to complete it.
  3. Pol-Nil Sp. z o.o. is obliged to deliver the product in accordance with the terms listed in the Order Confirmation. Packing of the product and means of delivery are always aligned with the manufacturer’s quality requirements. The Buyer’s suggestions on packing and transportation, that are different from manufacturer’s requirement can be met only if mutually agreed.
  4. The Order Confirmation lists also the payment terms which apply to the invoice issued for the goods. The Buyer has no right to deduce any sums from the invoice, even if a complained is filed. In the case of delayed payment Pol-Nil Sp. z o.o. has the right to stop further deliveries and to debit the Buyer with interest rate.
  5. Exact delivery instructions, if not included in the Order, should be given by the Buyer at least a week before the delivery date listed in the Order Confirmation. If Pol-Nil sp. z o.o. does not receive shipping instructions before the delivery date from Order Confirmation, Pol-Nil sp. z o.o. is entitled to ship the goods to the address of the Buyer. The Buyer will be charged for any additional costs that may occur due to lack or inadequate delivery details.
  6. Pol-Nil Sp. z o.o. shall not be held responsible for the delay or inability of shipment if it is caused by the force majeure i.e. fire, floods, droughts, wars, riots, strikes, pandemic, epidemic, damage of factory, or any other cause beyond  Pol-Nil Sp. z o.o. control. In the event of force majeure Pol-Nil Sp. z o.o. shall inform the Buyer of such delay or inability.
  7. Buyer is entitled to file the claim against Pol-Nil Sp. z o.o. if the goods have not been delivered in accordance with terms of Order Confirmation. Any quantity and/or quality claims of the goods must be filed by the Buyer in writing, immediately after their discovery but not later then:
    a) 20 days for quantity claims and
    b) 30 days for quality claims

after the delivery/dispatch date (whichever comes first) .

  1. 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 must be understood according to Incoterms Rules 2020. Any changes and additions to the Order Confirmation are binding if communicated to Buyer before the delivery date listed in Order Confirmation.

Warszawa, 21/07/2020