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Petit - skład - druk - oprawa Wojciech Guz i Wspólnicy Spółka Komandytowa GENERAL TERM

These general terms of sale, below referred to as GTS, constitute general terms of agreements in the understanding of 384 Civil Code and are applied to agreements concluded by Petit Skład - Druk - Oprawa Wojciech Guz i Wspólnicy Spółka Komandytowa, adres: 20- 210 Lublin, ul. Tokarska 13, registered in the Regional Court in Lublin VI Economic Department of the National Court Register under number KRS 00000292792, NIP: PL712-010-54-26, hereinafter referred to as PETIT. The General Terms constitute an integral part of agreements and are binding for both parties, unless the parties explicitly and in writing agree other terms, thus rendering GTS null and void.

1. Scope of Application of General Terms of Sale
   1. GTS constitutes an integral part of the sales agreement executed by PETIT with the Buyers, and are binding throughout the lifespan of the commercial cooperation (conclusion of an agreement, see: point 1.4). The person authorised to place an order on behalf of the Buyer, upon receipt of GTS, will inform, in writing, by fax or electronic mail, that he is familiar with and accepts the GTS. The execution of the above is an indispensable condition for any commercial cooperation.
   2. The GTS will be applied to orders executed by PETIT for the sale of movable goods manufactured by PETIT, based on and according to the Buyer’s orders, hereinafter referred to as “Products”
   3. An order placed by a Buyer shall be accepted for execution based on a written order supplied to PETIT. PETIT will allow the order to be placed in writing, by fax or electronic mail. A condition for conclusion of a sales agreement will be confirmation of acceptance of the order for execution by PETIT. PETIT will be at liberty at any time to refuse to accept an order for execution.
   4. A statement from PETIT confirming acceptance of an order, which includes alterations or amendments that do not change the essence of the order contents, shall be deemed to be acceptance of such an order, including reservations contained in the statement, and will constitute the conclusion of a sales agreement.
   5. In the confirmation of order receipt for execution PETIT will list the range of the ordered “Products”, the quantity, delivery terms and price. Confirmation of the acceptance of an order for execution may be sent in writing, by fax or electronic mail. As well as sending a confirmation of execution of an order to the Buyer, PETIT will also send a copy of the GTS to the Buyer, so that the Buyer can agree to their implementation (see: point 1.1).
   6. Both parties agree that, in the event that there are any doubts regarding the rights and obligations of the parties resulting from the agreement, the contents of the confirmation of the order for execution sent by PETIT shall prevail.
   7. Any change to the terms of an agreement, or any separate oral agreements, shall require a confirmation in writing by PETIT to ensure their validity and shall be applied exclusively to a given transaction.
   8. Any other terms and agreements with different content, which are binding on the Buyer’s part, will not be accepted by PETIT.
   9. Apart from the provisions included in GTS, PETIT will permit the conclusion of individual cooperation agreements and reserves itself the right to accept orders in part, or to refuse them without giving any justification.
   10. This is to exclude the application of art. 68(2) Civil Code in relation to PETIT.
2. Prices and Payments
   1. Prices for PETIT products shall be binding in loco PETIT warehouse and they do not include tax on the added value VAT, costs of delivery to the Buyer’s or other additional services. Any other costs that may arise during the execution of an order, e.g. packing, cutting, re-loading, customs duty and other charges and taxes binding while an order is executed, shall be borne by the Buyer. Prior to the acceptance of an order for execution by PETIT, the Parties may agree other terms.
   2. Announcements, advertisements, price lists, catalogues, brochures and other related information, referring to the general offer of products and services by PETIT, shall not constitute an offer in the understanding of art. 66 Civil Code and et seq., and they may be considered only to be an invitation to the conclusion of an agreement.
   3. Invoices issued by PETIT will be payable without any deductions within the terms specified in the invoice, calculated from the date of their issuance. The parties may agree other terms of payment.
   4. In the event that a payment is late, PETIT may – unless there are higher costs on their side – calculate, in accordance with the existing regulations, interest for the delay of the statutory value, commencing from the day on which the term of payment specified in the invoice expired.
   5. In the event of a delay in payment by the Buyer or any other actions of his to the detriment of PETIT, PETIT reserves itself the right to stop deliveries or render any service until the existing impediment affecting the execution of an agreed service has been removed.
   6. In the event that the Buyer withdraws from an order which has been already executed by PETIT, the Buyer shall bear full responsibility for any subsequent loss that has arisen on this account. Any prepayments made by the Buyer in relation to this order shall be calculated on account of the abovementioned contractual penalty.
   7. Deliveries ordered by the Buyer and executed by PETIT for the first time may require a pre-payment of 50 % of the ordered goods.
   8. The expression of consent to a deferred term of payment may occur as a result of the existing cooperation with the Buyer or, in the case of a new customer, it should be preceded by a check of his financial standing and an analysis of a list of unreliable payers, or in any other manner adopted by PETIT.
3. Reservation of the Right of Ownership
   1. In the event of a delay in the agreed payment terms, exceeding 30 days and resulting from any invoice, PETIT reserves itself the right to claim a return of the delivered goods.
4. Quantity PETIT reserves itself a margin of accuracy in the execution of an order of plus/minus: 5 %.
5. Quality
   1. The Buyer shall be responsible for making sure that the technical data, quality and design of the “Product” specified in his order or an agreement corresponds to his needs.
   2. In the case that an order has been executed by PETIT in accordance with the Buyer’s order, any design changes may be made at the Buyer’s exclusive expense.
6. Delivery, Terms of Delivery
   1. The terms of delivery specified in the statement with regards to the acceptance of an order shall be extended for the duration of any obstacle arising due to circumstances beyond the control of the parties, e.g. a late delivery by a subcontractor, acts of God, unforeseen disturbances within the company, transportation and customs delays, transportation losses, including blockades of roads, traffic time limits due to truck transportation issues, electric energy cutouts, any deficiency of materials and/or raw materials. Additionally, the terms for execution of an order shall be extended in case of changes introduced to the order by the Buyer during the course of its execution.
   2. The Buyer will be obliged to assume delivery of the “Products” by PETIT immediately upon notification of the availability of the delivery. If there is a delay in receipt, the Buyer may be charged with the relevant storage costs, with a reservation of other rights vested in PETIT. Each partial delivery constitutes a separate transaction and may be invoiced separately by PETIT.
   3. If an order is withdrawn, in full or in part, the Buyer shall be obliged to cover all costs incurred by PETIT in relation to the execution of this order.
7. Execution of Deliveries and Transfer of Risks
   1. The delivery risk of the goods will be transferred to the Buyer at the moment they are transferred to a representative of the Buyer who is duly authorised to receive the goods, including the forwarder or the carrier. In the event that, at the Buyer’s request, the Products are left in the PETIT warehouse, after PETIT has reported the Products ready for the receipt, any costs related to the storage of the Products shall be borne by the Buyer, at the prices agreed between the two parties. The Buyer shall cover all risks related to storage of the Products in PETIT.
8. Liability for Defects
   1. The Buyer shall be obliged to inspect the “Products”, in terms of quantity and quality, immediately upon receipt. In case of outers the receipt inspection should be carried out within 30 days of the date of delivery of the Products.
   2. If the Buyer, upon inspection of the Products, finds discrepancies in the quantity, he should immediately notify PETIT about this fact, so that a further course of action can be agreed.
   3. The Buyer shall be obliged to report immediately in writing any possible qualitative defects of goods, and not later than within 7 working days of receipt of the goods or services. In order to comply with the terms, any notification concerning defects of goods sold or services executed should be sent before the expiry of this term by a registered letter, fax or electronic mail.
   4. PETIT will be exempt from any liability on account of warranty, if the Buyer knew about the defect at the moment he concluded the agreement, placed an order, or received a document of Confirmation of Acceptance of the Order.
   5. In the event defects referred to in point 8.3 are found, PETIT undertakes to exchange the goods purchased for goods free from defects or to remove the defect. In such cases an exchange of goods shall occur immediately, if the goods free from defects are available in PETIT’s warehouses. Otherwise, an exchange shall be carried out within 1 month of the date of reporting the defect. In the event that the defect-free goods are not delivered according to the above-mentioned terms, the Buyer shall have the right to withdraw from the agreement related to the execution of his order. The Buyer who, in spite of the discovered defects, accepts the goods as the ones satisfying his requirements, may claim a price reduction.
   6. PETIT may refuse to remove a defect if the costs incurred prove to be too excessive.
   7. If only some of the sold goods are defective, and which can be sorted from the defect-free goods, the rights of the Buyer to resign from the execution of his order or to withdraw from the agreement regarding the execution of his order shall be limited to the defective goods.
   8. If, as a result of physical defects of the goods, the Buyer withdraws form the agreement related to execution of his order or claims a delivery of defect-free goods instead of the defective goods, he may not return the goods without prior agreement from PETIT.
   9. Questioning the quantity or quality of goods shall not give the Buyer the right to stop payments for the executed deliveries.
9. Return of Goods
   1. The return of goods that have been queried by the Buyer and acknowledged by PETIT shall be accepted on condition that they are undamaged, unused in the Buyer’s production processes and identifiable in terms of the parameters specified in the order.
10. Other Provisions
    1. The ceding of the rights resulting from an agreement concluded with PETIT, or an order placed, shall not be allowed in relation to third parties without the prior written consent of PETIT.
    2. The Buyer, in accepting GTS, expresses his consent to the processing of his personal data by PETIT in order to execute an order, as well as to any marketing purposes related to his activity.
    3. In any affairs not regulated by provisions of the GTS, the respective provisions of the Civil Code and the Act of 12 June 12003, regarding terms of payment in commercial transactions, (Polish Bulletin of Legal Acts Dz. U. No. 139 item 1323) will apply.