General terms and conditions of sale

I. Definitions.

1. GTC – General Terms and Conditions of Sale
2. Seller – Przedsiębiorstwo Usługowo-Produkcyjne “SKAMER – ACM” Sp. z o. o., with its registered office in Tarnów at ul. Rogoyskiego 26, 33-100 Tarnów, entered into the National Court Register – Register of Entrepreneurs maintained by the District Court for Kraków-Śródmieście in Kraków, 12th Commercial Division of the National Court Register, under KRS number: 0000177543, Tax Identification Number (NIP): 8730006433, National Business Registry Number (REGON): 005706590.
3. Buyer – the person placing the order.
4. Order – means the Buyer’s order for goods. Acceptance of the order by the Seller, taking into account the provisions of the General Terms and Conditions, results in the conclusion of a contract.

II. Conditions for concluding and performing the contract.

1. The Buyer and Seller may hereinafter be referred to as the Parties.
2. The GTC are binding on the Parties if they are delivered. Delivery is deemed to be the availability of the GTC published on the www.skamer.pl website and an excerpt from the GTC on an offer, order confirmation, invoice, or pro-forma invoice.
3. The GTC are binding on the parties only to the extent not otherwise regulated in the agreement between the parties or the Buyer’s individual order. In the event of a discrepancy between the provisions of the agreement or order and the GTC, the provisions of the agreement or order shall prevail.
4. The Buyer should provide the Seller with registration documents: an extract from the National Court Register (KRS) or a certificate of entry in the CEIDG (Central Registration and Information on Business), REGON (National Business Registry Number) and NIP (Tax Identification Number) certificates.
5. The order can be placed by email, fax, post, or telephone. Placing an order by the Buyer constitutes acceptance of these General Sales Conditions.
6. The sale and delivery of goods, including the terms and conditions of delivery and payment terms, shall be made in accordance with the terms of the offer or the accepted terms of the order, unless individual terms of sale have been agreed upon.
7. The order requires acceptance by the Seller. Failure to submit any changes or additions shall be deemed acceptance of the Buyer’s order under the terms contained therein. In the event of any changes or additions to the order, the terms accepted by the Seller shall be deemed binding.
8. The Seller reserves the right to withhold the sale or delivery of the goods subject to the order if, as of the order date, there are outstanding receivables due to the Seller from the Buyer, regardless of the basis for their occurrence, and the payment deadline has passed. The Seller retains this right until the receivables are settled.
9. Amounts expressed in EURO, USD, or other foreign currencies are settled at the National Bank of Poland’s selling exchange rate on the day preceding the invoice issuance date.
10. The invoice also constitutes a request for payment.
11. The goods remain the property of the Seller until all receivables are settled.
12. Failure to pay the receivable on time entitles the Seller to charge statutory interest and to the potential disposal of the receivable.

III. Warranty and Liability.

1. The standard warranty period for physical defects in goods is 12 months, counted from the date of delivery of the goods to the Buyer.
2. Under the warranty, the Seller undertakes to remove the physical defect in the goods or to deliver a defect-free item if such defects become apparent within the period specified in the warranty. In the absence of a manufacturer’s warranty card, the Seller’s invoice is the warranty document.
3. Subject to generally applicable regulations, any other or more extensive liability of the Seller for physical defects in goods than specified above is excluded. The Seller is not liable for the Buyer’s lost profits or indirect losses.
4. The Seller is not liable for non-performance or improper performance of obligations if such non-performance or improper performance was caused by force majeure. “Force majeure” shall be deemed to include all events that could not be foreseen or prevented at the time of placing the order or concluding the contract, and which are beyond the control of either party, in particular: war, civil unrest, acts of terrorism, flood, fire, earthquake, and other natural disasters.

IV. Final Provisions.

1. The Buyer consents to the processing of their data, including personal data, by the Seller solely in connection with its business activities.
2. Any legal disputes arising between the Parties in connection with the execution of orders and agreements covered by these General Terms and Conditions shall be resolved by the court having jurisdiction over the registered office of Przedsiębiorstwo Usługowo-Produkcyjne “SKAMER-ACM” Sp. z o. o.