Terms and conditions

§ 1 General provisions

1. The present document constitutes General Terms of Sale determined by Rotometal Sp. z.o.o headquartered in Świebodzin, ul. Sobieskiego 14 .
2. In the present GTS:
a) „The Seller” is understood as Rotometal Sp. z o.o. headquartered in Świebodzin,
b) „The Buyer” is understood as an enterprise purchasing goods or ordering services with the Seller.
3. The present GTS do not pertain to individual consumer sales.

§ 2 The object of contract and order terms

1. The object of contract are products manufactured by Rotometal Sp. z o.o. of Świebodzin and services rendered by the Seller for the Buyer.
2. Conclusion of a contract for sales or services performed by the Seller is the Buyer’s order lodged via e-mail at the following address: biuro@rotometal.pl.
3. Whenever they are placing an order, the Buyer commits to include the following:
a) Name of the product and quantity thereof,
b) Technical and quality specifications of the product (when the goods are manufactured to the Buyer’s customized order),
c) Goods pick-up information – personal pick-up or shipment,
d) If goods shipment to the Buyer’s address is requested, the following have to be included:
• Exact address of delivery,
• Whether the goods are to be insured, with the proviso that when insurance is not requested by the Buyer the goods will not be insured for the time of transport,
• Selection of forwarding company, with the proviso that if no forwarder is indicated, the forwarding company will be chosen by the Seller,
• Request for non-standard packaging, with the proviso that all costs of packaging out of the Seller’s standard are chargeable to the Buyer. By standard packaging it is understood packing in wooden crates; larger quantities of goods are additionally placed on a palette.
4. Placing an order by the Buyer is tantamount to their acceptance of these GTS.

§ 3 Buyer’s responsibilities

The Buyer is obliged to inform the Seller at the address biuro@rotometal.pl of the request to return their goods (e.g. patterns delivered). After 6 months the Seller may destroy any such goods without further informing the Buyer thereof.

§ 4 Seller’s responsibilities

The responsibilities of the Seller include:
1) Informing the Buyer of total cost of the order,
2) Informing of the status of the order each time when requested to do so by the Buyer,
3) Manufacturing the products and rendering services to their best knowledge and experience. 

§ 5 Terms of payment 

1. By placing their order the Buyer gives their consent to have a VAT invoice issued without their signature and to be sent such a VAT invoice to the e-mail address shown on the order.
2. Date of payment for the goods ordered will be determined by the parties and indicated in the VAT invoice.
3. In the event of late payment for a VAT invoice, the Seller will be authorized to demand statutory interest for such a delay from the Buyer.
4. In the event the Buyer is in default with their payment for at least two VAT invoices, the Seller may designate an additional 2-week deadline upon ineffective completion of which they may withhold the goods manufactured or products on which the service was based until the payment is effected. Such goods/products will be stored at the Buyer’s expense following the provisions of § 3 item 2. Otherwise, the Seller may withdraw from the contract. 

§ 6 Delivery

1. In principle, the Buyer collects the goods from the Seller’s premises at their expense and risk. Any deviation from that principle requires to be incorporated in the order as defined in detail in § 2 item 3.
2. If any of the parties should request a change in delivery/shipment date in the course of fulfilling the order, such a change may only be effected by a written consent of both parties.
3. The Seller will not be held liable for exceeding the delivery date particularly if it is not attributable to their fault but occurred as a result of extraordinary circumstances beyond their fault, e.g force majeure, factory stoppage due to technical emergency which could not be remedied immediately, untimely delivery by the Buyer of materials, patterns or tools.
4. The goods are deemed to have been transferred at the moment they are passed on to the carrier. From the moment of transfer of goods the Buyer assumes the risk of incidental loss or damage to the goods.. 

§ 7 Warranty 

The Seller is not liable under warranty rights for physical or legal faults of goods. 

§ 8 Guarantee 

1. The Seller extends a 12-month guarantee, including the aluminum sleeves, subject to the following working regimes of the tool being maintained:
• Compressed air pressure 6-8 bar,
• Compressed air volume above 12 l/s.
2. Guarantee period commences on the date the goods are collected by the Buyer from the Seller’s premises or on the date they are transferred by the Seller to the forwarding company.
3. Guarantee claims are to be reported to the Seller by an e-mail sent to the address: biuro@rotometal.pl.
4. When reporting a guarantee claim the Buyer commits to send the goods to the Seller’s premises.
5. Cost of transport for guarantee claim goods is borne by the Buyer. If the claim is determined justified by the Seller, the latter commits to reimburse standard cost incurred by the Buyer when delivering the goods to the Seller’s premises (cost of postage or courier delivery).
6. The Seller’s responsibility under guarantee is limited exclusively to repairing or replacing the goods. The choice whether to repair or to replace remains exclusively with the Seller.
7. The Seller is not liable under guarantee in the event when the Buyer:
a) Improperly exploits the goods,
b) Improperly installs the goods,
c) Mounts the goods in a machine which damages them due to its improper functioning,
d) Entrusts operation of the machine which incorporates the goods purchased with their employee who damages the goods through his error,
e) Repairs the goods on their own.
8. The Seller will not be held liable for any damages resulting from the faults in the goods or for any lost profits.
9. The Seller’s liability is limited to the actual value of the goods. 

§ 9 Final provisions 

1. Any alterations to the GTS as well as any further additions thereto require a written consent of the Seller under the pain of nullity.
2. The Parties unanimously decide that Polish substantive and procedural Law will be binding in solving any disputes concerning fulfilment of the order while the territorial jurisdictional competence of the court will be same as the one for the headquarters of Rotometal Spółka z o.o.