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General Terms and Conditions of Sale

General Terms and Conditions of Sale applied by Involt sp. z o.o. sp.k. They apply to all deliveries from 01.11.2019.

applied by the company

Involt sp. z o.o. sp.k.

§1 General provisions

  1. These General Terms and Conditions of Sale define the rules for concluding sales contracts for products, goods and services offered by Involt sp. z o.o. sp.k. in Wrocław, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna, 9th Commercial Division, under KRS No. 0000772573.
  2. Terms used in the remainder of these general terms and conditions of sale shall mean:
    • Involt sp. z o.o. sp.k. we Wrocławiu
    • Supplier – Involt sp. z o.o. sp.k. in Wrocław
    • Customer – the entity that is the other party to the sales contract (Involt's business partner)
    • Parties – the Supplier and the Customer
    • General Terms and Conditions of Sale or the abbreviation GTC – these "General Terms and Conditions of Sale applied by Involt sp. z o.o. sp.k."
    • Products – cables and wires in the sales offer of Involt sp. z o.o. sp.k.
    • Goods – commercial goods sold by Involt sp. z o.o. sp.k. under an agreement with a business partner
    • Service – services provided to the Buyer through Involt sp. z o.o. sp.k.
    • End user – means a natural person or entity that purchases or receives a product for their own use and not for the purpose of resale
    • Documentation – sales documents and warranty documents (invoices, delivery notes, warranty cards, transport, storage and warehousing instructions) supplied together with the product
    • Specification – a document defining the basic structural, electrical and/or mechanical parameters of the Product
  3. Deliveries of products, goods and services are made solely on the basis of the following GTC, which apply to all deliveries, even where they are not expressly referred to in individual cases.
  4. The GTC form an integral part of all contracts for the sale of products and goods and the provision of services concluded between the Supplier and the Customer. Any amendment or exclusion of particular provisions of the GTC may only be made with the Supplier's prior written consent, otherwise it shall be null and void.
  5. Deviations from the terms arising from the GTC may only result from individual arrangements between the Parties made in separate cooperation agreements concluded in writing.
  6. In the event of any discrepancy between the content of the GTC and the content of the agreement binding the Parties, the provisions of the agreement shall prevail.
  7. If the Customer has its own standard contract terms, the provisions contained therein shall apply only insofar as they do not conflict with these GTC.
  8. The GTC are made available to the Customer for information and acceptance on the Supplier's website: www.involt.pl, in the form of a PDF file.
  9. Placing an order by the Customer is deemed acceptance of the GTC for the current order as well as for all other orders and sales contracts concluded between the Parties, until the content of the GTC is amended or their application is withdrawn.
  10. These GTC apply to all contracts for the sale of products and goods and the provision of services concluded from 01.11.2019 onwards.

§2 Industrial property rights and copyright

  1. Confidential information constitutes a trade secret of Involt sp. z o.o. sp.k. within the meaning of Article 11 of the Act of 16 April 1993 on Combating Unfair Competition.
  2. Confidential information means any information, data and knowledge, in particular of a commercial, organizational, financial or legal nature, disclosed to the Customer directly, as well as in any documents and in any possible form.
  3. We reserve ownership, copyright and rights arising from patents and utility models to documents provided or made available to the Customer upon conclusion of the agreement. The documents are intended solely for purposes related to the offer and may not be reproduced or made available to third parties without the prior express written consent of Involt sp. z o.o. sp.k.
  4. The confidentiality obligation also applies where no agreement is concluded between the Customer and Involt sp. z o.o. sp.k. and contact ends at the negotiation stage.
  5. All technical documentation, catalogues, brochures, certificates, samples, leaflets, price lists, etc. are the property of Involt sp. z o.o. sp.k. and are subject to applicable law regarding their reproduction and distribution.

§3 Payment terms

  1. The basic forms of payment for goods purchased from Involt sp. z o.o. sp.k. are: cash, prepayment, bank transfer, and cash on delivery. The form of payment depends on individual arrangements with the Customer.
  2. In the offer, order confirmation, delivery note, etc., Involt sp. z o.o. sp.k. specifies the method and deadline for payment. In each case, this deadline is expressed in days and is counted from the invoice issue date.
  3. Payment for goods received should be made without deductions immediately upon receipt of the invoice or in accordance with the agreed payment terms.
  4. For deliveries based on prepayment, the delivery deadline will be counted from the date the funds are credited to the account of Involt sp. z o.o. sp.k.
  5. The date of payment by the Customer is the date the amount due is credited to the account of Involt sp. z o.o. sp.k.
  6. Involt sp. z o.o. sp.k. has the right to allocate any payment made by the Customer under any invoice first towards statutory interest for late payment, and then towards the oldest outstanding receivables.
  7. If the Customer delays payment of the price for the goods, Involt sp. z o.o. sp.k. may demand statutory interest for the period of delay.
  8. If the Customer fails to make payment by the specified deadline, Involt sp. z o.o. sp.k. has the right to refuse to release the goods until proof of payment is presented.
  9. Failure to pay amounts due on time entitles Involt sp. z o.o. sp.k. to change the form of payment for subsequent deliveries from bank transfer to cash, cash on delivery, or prepayment.
  10. Filing a complaint does not entitle the Customer to withhold payment for the goods or any part thereof.
  11. The Customer is not entitled to make payment by way of set-off against any claims it may have against Involt sp. z o.o. sp.k., regardless of the basis of such claims.
  12. The sales invoice is treated as the first demand for payment.

§4 Ownership of products and goods

  1. The delivery date is deemed to be the date the goods are released from the warehouse of Involt sp. z o.o. sp.k. From that moment, the Customer has control of the goods as owner.
  2. The Seller issues the invoice on the date the goods are released.
  3. The risk of loss or damage to the goods passes from the Supplier to the Customer upon release of the goods, and in the case of entrusting the goods to a carrier — upon release of the goods to the carrier, regardless of who bears the transport costs.
  4. If the Customer fails to pay its obligations to Involt sp. z o.o. sp.k. on time, Involt sp. z o.o. sp.k. has the right to reclaim the goods. Reclaiming the goods does not constitute withdrawal from the agreement.

§5 Delivery terms

  1. Information, price lists, catalogues and other advertising and commercial materials addressed to an unspecified recipient do not constitute an offer, but merely an invitation to negotiate.
  2. Samples and specimens of cables and wires presented by Involt sp. z o.o. sp.k. are for illustrative and display purposes only.
  3. Conclusion of the agreement requires the Customer to place an order. The agreement with the Customer is concluded upon confirmation by Involt sp. z o.o. sp.k. of acceptance of the order or upon issuance of the invoice.
  4. Written confirmation of order acceptance is sent at the Customer's request.
  5. The order should be placed in writing and specify the exact name and address of the Customer, the range and quantity of goods ordered, the unit price, the delivery date and place, the form and deadline of payment, and should bear the company stamp and be signed by an authorized person.
  6. Involt sp. z o.o. sp.k. reserves the right to make partial deliveries and deliveries of quantities (+/–) 5% larger or smaller than ordered, if this results from the production process.
  7. Delivery deadlines will be met by Involt sp. z o.o. sp.k. wherever possible; however, in the absence of a binding confirmation, they are for information purposes only.
  8. Involt sp. z o.o. sp.k. is bound by a delivery deadline only if it has confirmed it in writing.
  9. If the confirmed delivery deadline is exceeded by more than 30 days, the Customer may set a further deadline for performance by the Supplier.
  10. If the Buyer has agreed with Involt sp. z o.o. sp.k. on self-collection, it is obliged to collect the ordered goods within 10 days of the expiry of the confirmed order fulfilment deadline.
  11. The Supplier is not liable for shortages, changes or damage to the goods occurring during transport.
  12. Return of products or goods is possible only with the prior consent of Involt sp. z o.o. sp.k.

§6 Receipt of products or goods

  1. The Customer undertakes to very carefully inspect the delivered products and goods at the time of receipt for quantity, compliance with the technical specification set out in the agreement, and any visible defects.
  2. Signing the receipt document/transport documents is equivalent to confirming that the specified parameters comply with the order and that there are no defects detectable through careful inspection.
  3. The cost of loading products and goods for transport is borne by the Supplier, while the cost of unloading is borne by the Customer, regardless of who bears the cost of transport.
  4. The Supplier has the right to charge the Customer for transport costs if an incorrect delivery address is provided or if unloading is not possible for technical or organizational reasons.
  5. If the Supplier is unable to make a delivery due to force majeure, the Customer shall have no claims for compensation for damage resulting from non-performance or late performance of the agreement.
  6. If the Customer fails to meet payment deadlines or exceeds its credit limits, the fulfilment of further orders will be suspended until the outstanding amounts are settled.
  7. Any certificates, approvals and declarations of conformity provided by the Supplier together with the goods constitute merely the Supplier's information that, according to the manufacturer's declaration, the goods were made in accordance with the specified criteria.

§7 Packaging

  1. Wooden cable drums and wooden pallets are packaging sold to the Customer at the time of sale of the product placed on the drum/pallet, in accordance with the packaging price list in force on the invoicing date.
  2. For returnable packaging, Involt sp. z o.o. sp.k. will issue VAT invoices with a VAT rate in accordance with applicable regulations.
  3. On the day of delivery, the Customer is obliged to check the technical condition of the cable drums and pallets. Damage should be noted in a non-conformity report or on the invoice. Otherwise, the Customer is deemed to have received the drum in good condition.
  4. Damaged packaging or packaging not meeting quality requirements is not subject to exchange/return.
  5. The Customer has the right to sell back undamaged and not excessively worn packaging to the Supplier at the purchase price, or to return it within 90 days of the sale date by Involt sp. z o.o. sp.k.
  6. The Buyer undertakes to return returnable packaging to Involt sp. z o.o. sp.k. at its own expense, unless the parties agree otherwise.
  7. Involt sp. z o.o. sp.k. has the right to file a complaint regarding returned packaging within 7 days of its receipt.

§8 Complaints and liability for defects

  1. Involt sp. z o.o. sp.k. ensures that the products, goods and services delivered are of high quality and made in accordance with applicable standards.
  2. The warranty covers products, goods and services delivered by Involt sp. z o.o. sp.k. on the basis of a VAT invoice. The standard warranty period is 12 months from the date of purchase.
  3. The warranty covers defects in the product, goods or service that become apparent after their sale, provided they arise from causes inherent in the products beforehand and become apparent during the warranty period.
  4. Defects within the meaning of the GTC do not, in particular, include defects resulting from:
    • natural wear and tear
    • use of the product inconsistent with its intended purpose
    • excessive current load
    • unprofessional construction work
    • chemical, electrochemical or electrical influences
    • power grid surges
    • modifications made to the delivered product by the Customer or a third party
    • consequences of failure to observe the rules of transport, storage and warehousing
  5. Quality complaints should be reported within 7 days from the date the defect is detected, but no later than 12 months from the date of release of the product, goods or service.
  6. Involt sp. z o.o. sp.k. undertakes to carry out a preliminary assessment of the damage within 48 hours of receiving complete written notification of the defect. The complaint should be resolved within 14 days from the date of the complaint.
  7. If a complaint is deemed justified, Involt sp. z o.o. sp.k. may, at its discretion, either replace the product with a new one free from defects or make an appropriate refund.
  8. In every case, the basis for handling a complaint is the completion of a Complaint Report Form (available for download at www.involt.pl).
  9. Failure by the Customer to observe the prescribed complaint deadlines or conditions results in the loss of rights arising from the warranty granted.

§9 Final provisions

  1. These GTC and all agreements concluded on their basis are governed by Polish law.
  2. In matters concerning the liability of Involt sp. z o.o. sp.k. for defects in sold goods, the provisions of the Civil Code on warranty for physical and legal defects shall apply accordingly.
  3. In matters not regulated by these GTC, the relevant provisions of the Civil Code shall apply.
  4. If certain provisions of the GTC become invalid due to the introduction of different statutory regulations, the remaining provisions shall not lose their validity.
  5. During the term of the contractual relationship, the Customer undertakes to promptly inform Involt sp. z o.o. sp.k. of any change to its address or registered office.
  6. Involt sp. z o.o. sp.k. is entitled to amend these GTC at any time. Involt sp. z o.o. sp.k. will notify the Customer of any changes to the GTC by post or electronically.
  7. If a dispute cannot be settled amicably, the court having jurisdiction over the registered office of Involt sp. z o.o. sp.k. shall have exclusive jurisdiction to resolve it.

Management Board of Involt sp. z o.o. sp.k.

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