General terms and conditions of sales and deliveries

GENERAL TERMS AND CONDITIONS OF SALES AND DELIVERIES

General terms and conditions of sales

 

General terms and conditions of sales specified herein constitute general conditions of Contracts in view of Article 384 of the Polish Civil Code and they are applied by PEBEK Sp. z o.o. with registered office in Świdnica at ul. Metalowców 14, hereinafter referred to as PEBEK. General Terms and Conditions constitute an integral part of Agreements and orders and they are binding for all parties of Agreement, provided that they do not include expressly opposing provisions in writing. All amendments, additional agreements, suspensions or terminations of terms and conditions require written agreement of PEBEK. Following terms used in the wording herein signify:

  • “products” – all movables produced by PEBEK
  • “goods” – all movables available in the PEBEK’s trade offer
  • “carrier” – person that delivers goods upon customer’s order.

 

  1. Provisions concerning concluding and performance of sales agreements.

 

  1. Agreement shall be deemed concluded, when Purchaser receives a declaration on accepting an order along with the wording of General Conditions included that was submitted by PEBEK, or at the moment, when PEBEK has commenced the performance of a submitted order.
  2. All correspondence shall be made in writing. Correspondence is deemed duly delivered, if sent by an email, fax or other means of distant (electronic) communication.
  3. Price of goods and products shall be established on the basis of PEBEK’s price list valid on the day of issuing an invoice or on the basis of a separate written offer submitted to Purchaser by PEBEK in writing, or established in a separate agreement. Purchaser may not rely on his/her lack of knowledge as regards to the PEBEK’s price list. PEBEK reserves the right to grant discounts, rebates and organize sales campaigns involving goods at a company’s sole discretion.
  4. Price includes the load of goods or products onto the means of transport, unless an offer or agreement provide otherwise.
  5. The goods and products must be checked regarding quantity and quality on delivery. Possible defects shall be reported at the Stock Issue Confirmation/ dispatch note (dokument WZ).
  6. Goods and products received by Purchaser or carrier without reservations shall be deemed to have no apparent defects.
  7. Any risks, and in particular risk of damage or loss of goods or products, passes to Purchaser upon handover thereof. If goods or products are released by and through a carrier, any risk passes to Purchaser upon releasing thereof to the carrier.
  8. PEBEK may deliver goods or products to Purchaser with PEBEK own means of transport. In such an event, Purchaser shall be charged with additional costs of transport and unloading of goods, unless the parties decide otherwise.
  9. VAT invoice shall be issued by PEBEK at the latest within seven days from the date, on which goods or products are issued to Purchaser. Purchaser shall pay the due price within the period indicated on the invoice, while the period is always counted beginning from the day of issuing the invoice by PEBEK.
  10. Payment shall be made via bank transfer to the bank account indicated on the invoice.
  11. Parties accept that the day of payment shall be the day of reception of funds on the PEBEK’s bank account.
  12. In the event of any delay in making any payment due to PEBEK by Purchaser, PEBEK shall be entitled to contractual interest specified in the agreement, and if the agreement does not provide the amount of interest, PEBEK shall be entitled to the statutory interest.
  13. In the event of delay exceeding three days in making any payment due to PEBEK by Purchaser, PEBEK is entitled to suspend further deliveries to Purchaser, and all other payments become due regardless of their maturity dates agreed earlier. If PEBEK exercises the rights specified herein, Purchaser shall not be entitled to any claims against PEBEK for the damage due to the fact that PEBEK exercised these rights.
  14. Goods and products remain the property of PEBEK until the full payment. In any event of delay in payment for goods and products, PEBEK may demand that goods and products received but not paid be returned (regardless of the right specified in the point 13). In such an event Purchaser is obliged to return all unpaid goods on his own cost and risk (return includes uploading, transport and unloading in spots indicated by PEBEK) within three days from the moment, when PEBEK demanded return thereof.
  15. Purchaser that receives goods on his own or by a carrier is obliged to give a driver an authorization to receive goods, which shall include following data:
  • first and last name of a person authorized to receive goods,
  • number and series of their identity card,
  • registry number of a vehicle.

The authorization should be signed by a person authorized to make a declaration of intent on behalf of Purchaser. PEBEK has right not to release goods to an unauthorized person and shall not bear any liability for the damage caused to Purchaser or to the third parties due to the exercise of this right. Purchaser is liable towards PEBEK for the damage incurred by PEBEK (particularly costs of warehousing goods) due to the lack of such authorization.

  1. Purchaser is obliged to ensure in a designated place the presence of a person that has an authorization as stipulated in point 15 hereinabove, if PEBEK delivers goods or products to the place designated by Purchaser. In the event when in the place designated by Purchaser no one has a relevant authorization, PEBEK may release the goods to a person that shall undertake to receive goods on behalf of Purchaser. Purchaser shall bear the risk involved in such operation.
  2. Purchaser (also if Purchaser employs a carrier) is liable for appropriate securing the cargo and is liable for any damage due to the forgoing. PEBEK shall not be liable for any damage related to the transport carried out by Purchaser, a carrier or any other person that delivers goods on behalf of Purchaser.
  3. As an additional service, PEBEK may deliver products to the place of residence of Purchaser or to the construction site indicated by Purchaser. Deliveries may be carried out along with unloading products by means of HDS crane. As a part of basic payments, unloading takes place in one spot immediately after the transport vehicles reach the destination. Purchaser, while designating the unloading destination, declares that reaching immediate proximity of unloading destination is possible for a lorry or a vehicle with a trailer of a total weight 40 tons. In the event of necessary reload or inability to reach delivery destination due to the traffic regulations, PEBEK reserves the right to charge additional fee against Purchaser. In the event when the time necessary to unload products exceeds 60 minutes due to Purchaser, PEVEK reserves the right to charge additional payment against Purchaser in the amount of net PLN 30.00 for every additional 15 minutes. The price of previously agreed reload from a trailer onto HDS truck amounts net PLN 100.00.
  4. PEBEK products are sold on wooden pallets. Pallets are charged net PLN 30.00 each. Pallets should be returned no later than within 30 days from the day of purchase. In such an event, Purchaser shall issue PEBEK an invoice including 100% of paid amount. The basis for issuing an invoice is a reception protocol. Copy of the protocol must be attached to the issued invoice.
  5. After the laps of 30 days PEBEK may grant consent on repurchase of pallets sold. In such case the price shall decrease by at least 50%, unless the parties agreed otherwise in writing. Purchaser may dispose pallets only upon prior written notification of Seller.
  6. Seller reserves the right to reception of solely and exclusively undamaged and complete pallets. Pallets should be arranged according to their type (PEBEK Plus pallet, regular wooden pallet, BP pallet).
  7. Should pallets be mixed and employees of Seller’s warehouse be made to order them according to their type, Purchaser shall be charged with amount net PLN 5.00 for each released pallet.
  8. Other or damaged pallets shall be disqualified and Purchaser shall be obliged to their reception form the PEBEK warehouse on his/her own cost. Upon laps of 14 days not taken pallets shall be destroyed.
  9. Parties are obliged to cooperate in the course of performance of the agreement. Purchaser is obliged to deliver PEBEK any information necessary to fulfillment of an order. Purchaser is liable for providing false or incomplete data in the order that prevent performance of the agreement.

 

  1. Force majeure.
  2. In the event of occurring circumstances that were impossible to predict at the moment of conclusion of the agreement, PEBEK shall be discharged of any obligations provided in the agreement and provided in this General Terms and Conditions as long as such circumstances last.
  3. PEBEK shall promptly inform Purchaser about occurrence of circumstances defined in the point 1 hereinabove.

 

  • Liability

In any event when PEBEK’s liability for damages towards Purchaser arises, it shall be limited to the value of the actual loss.

 

  1. Warranty

 

  1. PEBEK gives warranty for goods or products only if Purchaser received a warranty document upon reception of goods.
  2. PEBEK is exempted from liability for warranty, if Purchaser was aware of defects at the moment of concluding an agreement. In relations between enterprises warranty claims are excluded, unless an agreement or an offer stipulate otherwise.
  3. When the object of an agreement are only fungibles or products that are yet to be made, PEBEK is exempted from liability for warranty if Purchaser was aware of defects upon reception of goods.
  4. Upon discovery of a defect, Purchaser is not entitled to withdraw from an agreement or to demand a price discount.
  5. If the replacement or repair is hampered, or involves significant costs for PEBEK, PEBEK may discount the price of goods or products in an adequate way. In such an event, PEBEK shall issue a corrective invoice.
  6. PEBEK is excluded from warranty for physical defects, which occurred after the risk passed to Purchaser, unless these defects were inherent in products or goods.
  7. If Purchaser has built-in goods or products, which have defects that might have been discovered earlier, PEBEK shall not cover any costs related to disassembly of installed surface or possible repair or replacement of other involved elements.
  8. PEBEK’s liability for damages concerning the warranty shall always be limited to the value of defective products including the content of the Chapter III of this Terms and Conditions.
  9. Purchaser looses the rights due to warranty for physical defects, if he or she fails to notify PEBEK about a defect within seven (7) days from the date, on which the defect is discovered.
  10. The period for examining Purchaser’s claim concerning warranty claims shall be twenty-one (21) days. Following flaws acceptable by relevant norms are not subject to warranty:
  • deviations in sizes and appearance of a product,
  • deteriorations in a surface layer of a product caused by use thereof,
  • calcareous efflorescence in form of a white powder,
  • losses incurred because there were built-in goods or products that were not matured,
  • deviations in color and texture due to a production process, natural physicochemical processes or natural volatility of raw materials.
  1. Warranty claims shall be accepted after Purchaser:
    • fills in a complaint form available at https://pebek.pl/do-pobrania/
    • submits filled in form to the email address: reklamacje@pebek.pl

and after Purchaser present the following:

  • original VAT invoice,
  • original goods Stock Issue Confirmation/ dispatch note (dokument WZ),
  • package identification label.
  1. Warranty covers goods only.
  2. For consumer sales, respective provisions of the Polish law apply.

 

  1. Termination of Agreement.
  2. Purchaser may withdraw from Agreement in the event of delay in the order execution exceeding 30 days and by fault of PEBEK, if Purchaser, prior to withdrawal, at least once asked PEBEK in writing to perform Agreement and appointed additional, minimum 7 days period for the order execution.
  3. PEBEK is entitled to withdraw from Agreement without appointing additional period in the event of Purchaser’s delay in payment exceeding 14 days or Purchaser’s delay in reception of goods exceeding 7 days.

 

  1. Final provisions.
  2. The governing law shall be the law of the Republic of Poland.
  3. Any amendments to General Terms and Conditions shall be made in writing under pain of nullity.
  4. If any provision of this Terms and Conditions of Sales turns out to be for some reasons invalid, it will not affect validity of other provisions of this Terms and Conditions of Sales.
  5. The court having jurisdiction over PEBEK’s registered office shall decide over any disputes arising from performance of this Agreement.
  6. Relevant provisions of the Polish Civil Code and other binding regulations of the Polish law shall apply in matters not specified within this Agreement and in Terms and Conditions of Sales.

 

 

Technical conditions.

  1. PEBEK makes products that comply with Polish and European legislative acts.
  2. Flower pots, benches, steps, litter bins and other items of small architecture are products for outside and inside use in public and private places, which are not subject to vehicle traffic or anti-ice salt, for individual or many-items application.
  3. PEBEK may deliver catalogue sheets and additional information about goods on customer’s demand.
  4. Some types of paving stones include half and edge stones, which are offered together with primary stones in a strictly determined amount per square meter. Potential surplus of half or edge stones shall not be subject to return, while their shortage should be complemented through cutting primary stones.
  5. Requirement for a square meter of installed surface includes joints and for that reason products are delivered in such a way so as to install an ordered surface preserving the size of a grid (potential cuttings should be taken into account). Almost all products have special spaces 1.5mm thick, however, they are not sufficient to replace joints, the size of which is from 3mm to 5mm depending on the system.
  6. In order to minimize natural discrepancies in shadowing of the same color, paving stones taken from three pallets should be laid simultaneously.
  7. During the sandblasting or grinding, there occurs removal of a surface layer of products in order to obtain aggregate. Smooth or rough surface that subsequently comes into being may have differentiated texture and granulation. It is a natural phenomenon related to specific production process, which does not affect esthetic values and durability of products made in this way. The producer recommends their blending so as to accomplish better visual effects.
  8. During antique polishing, products undergo horizontal surface processing. During antique polishing, the surface layer of products is invaded and the products may also break. It is a natural phenomenon involved in specific production process, which does not affect esthetic values or durability of paving stones or slabs. The producer recommends their dispersion over the whole surface in order to accomplish better antique effects.
  9. Discrepancies in appearance of the surface, shadowing and hues are inevitable and caused by changing features of raw materials and altering maturing conditions of products.
  10. Some products have a referential item, which serves as a template to evaluate product quality. Apart from that, it may be applied so-called viewing method, i.e. standing in relevant distance for visual examination.
  11. As far as flowerpots are concerned, it is necessary to make expansion joints between soil in a pot and its walls and bottom as it secures a product against damaging by frost. The drainage holes should be permeable through entire service life. Some types of plants require drilling additional drainage holes.