The General Terms and Conditions of Sale and Delivery (further referred to as T&C) specify the detailed rules for concluding contracts for the sale and delivery of goods offered by ELHAND TRANSFORMATORY.
These delivery terms are valid for all quotations submitted by ELHAND TRANSFORMATORY,
orders placed with ELHAND TRANSFORMATORY as well as all contracts concluded with ELHAND TRANSFORMATORY for the period of their duration unless otherwise agreed by the parties.
Terms of delivery presented by third parties or by customers of ELHAND TRANSFORMATORY are not binding even if the Seller has not expressed clear opposition to such reservations or terms and conditions.
The Buyer may refer to provisions being a derogation from these T&C only if agreed beforehand with ELHAND TRANSFORMATORY and to the extend established by ELHAND TRANSFORMATORY in written form.
Content of the current T&C is available on the website and in the Sales Department of ELHAND TRANSFORMATORY Sp. z o.o.
The Incoterms 2010 formulas are applicable and form part of these provisions of the general terms of delivery. In case of a discrepancy between the general terms and the Incoterms 2010 formulas, general terms and conditions presented below are applicable.
- Definitions
- Seller: ELHAND TRANSFORMATOR, Klonowa 60, 42-700 Lubliniec; NIP: PL 575 186 29 34, Regon: 241392737,
KRS: 0000342480. - Buyer: business entity ordering goods and services from ELHAND TRANSFORMATORY.
- Order: Declaration made on behalf of the Buyer addressed to the company ELHAND TRANSFORMATORY, by a person authorized to conclude a contract.
- Delivery: Sale of goods or services currently available in ELHAND TRANSFORMATORY catalogue.
- Seller: ELHAND TRANSFORMATOR, Klonowa 60, 42-700 Lubliniec; NIP: PL 575 186 29 34, Regon: 241392737,
- Offers, Orders and Contracts
- Offers
- Seller’s offer is valid for 30 days from its submitting date, unless it contains a different period of validity. All other information provided by the Seller does not constitute an offer within the meaning of provisions of the Civil Code.
- Information contained in advertising materials (catalogues, leaflets, etc.) are not binding, if not clearly defined as binding.
- Data and information contained in general product documentation, catalogs, drawings, descriptions on the website and price lists are binding only if the offer or contract clearly refers to them.
- All offers and additional arrangements must be made in written form (by post, fax or in person) or in electronic form in order to be valid.
- Orders
- Transactions between the parties are based on the order placed by the Buyer with the Seller only in written form (by post, fax or in person) or electronically by sending the order by email by a person authorized to place orders on behalf of the Buyer.
- The sales contract is concluded at the moment of the Seller's confirmation of acceptance of the order for execution. The Seller confirms all orders in writing by sending them by e-mail or fax.
- Confirmation of the order will be issued only after determining all details of the order and delivery of all required documents by the Buyer.
- Confirmation of the acceptance of the order containing data other than those contained in the order shall be deemed accepted by the Buyer, if they do not raise any objections within two working days from the date of receipt of the confirmation.
- If the Buyer has not received the order confirmation within two working days from the date of application, they should immediately contact ELHAND TRANSFORMATORY in order to clarify.
- The Seller's products meet the requirements of Directive 2014/35/WE of the European Parliament relating to electrical devices designed for use within certain voltage limits as well 2014/30/UE Directive concerning electromagnetic compatibility.
- In the event that the product requires certification, it is the Buyer's responsibility to obtain a certificate or other certification of approval for use unless special arrangements between parties are made.
- Prices
- ELHAND TRANSFORMATORY Sp. z o.o. company sells its products at prices given in the price list, offer or confirmation of the order. All prices are net prices (excluding VAT) with EXW Lubliniec (INCOTERMS 2010) terms, unless the offer indicates otherwise.
- The prices do not include taxes, duties, insurance, as well as all costs of special packaging (other than EUR pallets or cartons) and delivery costs that the Buyer must incur, unless a separate offer indicates otherwise.
- The company ELHAND TRANSFORMATORY reserves the right to change the prices of products offered in foreign currency, (converted according to the average exchange rate of Narodowy Bank Polski (the National Bank of Poland) on the day preceding the sale) if the exchange rate increases by 5% in relation to the value of the exchange rate on the day of the offer.
- The Seller may grant discounts after prior arrangement with the Buyer.
- We reserve the right to agree on a different price than the quoted one in case of a significant increase in the prices of the raw materials required for the production of the offered product, or in case the customer introduces modifications in the technical specification of the product.
- Terms of Delivery
- The dates of order fulfillment are specified in the order confirmation and are of informative nature.
- The term of the order may be extended because of the delays being a
result of circumstances independent of the Seller (e.g. late delivery of materials by the subcontractor, force majeure, unforeseen disruptions in the company's work, transport damage, delays in transport and customs). - Failure to complete the delivery by the Seller within the given period of time does not entitle the Buyer to claim additional or substitute damages or failure to comply with any other obligations towards the Seller.
- The Seller reserves the right to withhold delivery and production of products ordered by the Buyer in the event of the Buyer’s failure to meet any other obligations towards the Seller.
- In the case of a delivery made by a transport organized by the Buyer, the Seller is obliged to notify the Buyer about the availability of the prepared goods in his
warehouse and the Buyer is obliged to immediately collect them. In the event of the
Buyer's delay in collecting the goods, the Seller may charge storage costs. - If the Buyer decides to use the delivery carried out by the Seller's means of transport (or its transport service providers), the following regulations will apply:
- The Buyer ensures that access roads to the place of unloading guarantee the entry and exit of a car with a 10.0 tons load per one axle, trailer length 13.6 m and height 4.0 meters. The Buyer is obliged to inform the Seller in writing about the possible
difficulties at the time of placing the order, - The Seller is entitled to a partial delivery. If the delivery is carried out in parts, each part is treated as a separate transaction, while the Seller has the right to invoice it separately.
- The Buyer ensures that access roads to the place of unloading guarantee the entry and exit of a car with a 10.0 tons load per one axle, trailer length 13.6 m and height 4.0 meters. The Buyer is obliged to inform the Seller in writing about the possible
- In the absence of detailed arrangements between the parties, delivery takes place
according to the Seller's standards.
- Offers
- Ownership and Risk
- The Seller reserves the ownership of the goods until the full price is paid, unless the parties agree otherwise in a written form.
- The risk of the delivery of the goods passes to the Buyer when handed over to the person authorized to collect, including the freight forwarder or carrier.
- Warranty
Warranty conditions are described in a separate document.
- Final Provisions
- Polish law is the only applicable law, excluding the United Nation Convention of 11.04.1980 on Contracts for the International Sale of Goods.
- Issues not covered by the general terms of warranty shall be governed by the rules of the Civil Code, especially rules related to the delivery agreement and sales agreement.
- Assignment of rights resulting from the agreement concluded or order placed with the Seller is not allowed without written consent of the Seller.
- The Parties agree to settle the possible disputes amicably in the first place. If the parties will not succeed it should be brought before the common court of law having jurisdiction over the company’s seat. The Seller reserves the right to bring an action before the court having jurisdiction over the company’s seat if it hastens the settlement of the dispute.
Release Date: 01.01.2019
