1. These General Terms and Conditions, hereinafter referred to as the “GTC,” standardise the principles regarding conclusion and performance of agreements for the sale of goods by PNEUMAT SYSTEM Sp. z o.o. to other entities, hereinafter referred to as “Buyers” or a “Buyer.” The GTC shall be an integral part of every agreement for the sale of goods concluded between PNEUMAT SYSTEM Sp. z o.o. and Buyers. Change to or exclusion of particular provisions of the GTC may occur only with the prior written consent of PNEUMAT SYSTEM Sp. z o.o., otherwise being null and void.
2. In case of any discrepancies between the content of these GTC and the content of an agreement binding the parties, the provisions of the agreement shall apply.
3. These GTC shall apply to all agreements for the sale of goods concluded in the period from 1 February 2017, concluded by and between PNEUMAT SYSTEM Sp. z o.o. and Buyers being Entrepreneurs within the meaning of the Act on Freedom of Economic Activity.
4. The General Terms and Conditions shall be notified for a Buyer's acknowledgement and acceptance not later than when the Buyer places an order, they are also available at: https://www.pneumat.com.pl/warunki_handlowe)
5. PNEUMAT SYSTEM Sp. z o.o. conducts sales only to entities conducting business activities. The company reserves the right to verify documents regarding the business activities, i.e. a current excerpt from the National Court Register (when the Customer is a legal person) or an entry to the Central Registration and Information on Business (when the Customer is a natural person conducting business activities) before the order is executed.
1. Pneumat System Sp. z o.o. shall sell the goods to a purchaser at the prices in line with the current price list. Potential discounts shall regard special offers or individual arrangements with a customer. Pneumat System reserves the right to change the prices without notifying the customers in advance, unless this has been previously agreed upon on an individual basis.
2. Any discount provided by PNEUMAT SYSTEM Sp. z o.o. shall require individual written arrangements between the parties to the agreement.
3. The “super cena” (“super price”) and “super hurt” (“super wholesale”) prices presented on the website shall apply only to purchases made via the website.
1. An order shall be placed by either:
a) submitting it to the Seller in a written form (by a registered letter, electronic mail) with at least: stating the name of the goods, quantity of the goods with the catalogue number, measure unit, place and address of delivery, the exact name, address, and phone number of the Buyer, and the Buyer's contact person, details allowing for issuing the VAT invoice, and a statement on consenting to receive VAT invoices without the signature of the Buyer, signature and stamp of the person authorised to place orders, company stamp;
b) in electronic form on the PNEUMAT SYSTEM Sp. z o.o. website, in line with the terms and conditions for placing orders on the PNEUMAT SYSTEM Sp. z o.o. online shop.
2. Furthermore, every order should indicate the manner of delivery (own transport or transport organised by the company, with or without unloading). Transport cost shall be determined individually for each order.
3. Orders shall be executed after the customer provides their written acceptance to the terms of delivery, presented in the “Order confirmation” document. In case of an advance payment, the order shall be executed (including submitting the order to the manufacturer or the supplier) after the payment is posted to the PNEUMAT SYSTEM Sp. z o.o.’s account.
4. Lack of objections from the customer:
a) within 2 hours from sending a document for orders with a 24-hour lead time,
b) within 8 hours from sending a document for orders with the abovementioned 24-hours lead time shall be deemed to be an acceptance of the presented terms and conditions, with no objections
5. Any catalogues, presentations, etc. materials of PNEUMAT SYSTEM Sp. z o.o., including those that have the features of an offer (including the name “offer”), intended for both the general public and a specifically designated Customer/Contractor, shall be solely informative and non-binding for the Seller, constituting only an invitation to place Orders by the Buyers, based on the goods descriptions declared therein and the terms of Delivery, including the prices. Under no circumstances shall they constitute an offer within the meaning of Article 66 et seq. of the Civil Code, unless the Seller provides its express written consent to them being deemed as such.
6. A VAT invoice shall be issued for every executed order.
7. For orders of more than 10.000 PLN exchange to EURO or USD according to the current exchange rate, the Seller reserves the right to execute the order only after the sale agreement is signed.
1. Execution of an Order shall be commenced from the moment of clarifying any technical and commercial doubts, as well as after the full advance payment is paid by the Buyer if one has been previously agreed upon by the parties. The delivery lead times for the products available at the warehouse of PNEUMAT SYSTEM Sp. z o.o. generally shall be 1 to 2 working days from the moment of placing the order or paying the payment or the advance payment. The deliveries carried out directly from the manufacturer shall be conducted within the period determined between the parties on an individual basis.
2. The delivery lead time provided in the offer shall be estimated on the day of placing the order and may be changed, since it depends on the execution of the order by the manufacturer.
3. The delivery lead times provided hereinabove shall be estimated times within which the majority of orders is executed. The above times may be extended. The time required for the Buyer to receive the products they have ordered shall consist of the time of order picking and the time required for the delivery company to deliver the shipment to the address provided by the Buyer, with only working days taken into account.
4. The shipping cost shall be estimated separately depending on the weight, size, and the destination country of the goods. The above provision shall not apply to industrial hoses, Infinity tubes, compressors, and other large-size goods. The shipment cost for these products shall be estimated on an individual basis, depending on the size.
5. Unless otherwise specified, the goods shall be sent to the customer in line with Incoterms 2020 EXW Pneumat System's head office or branch.
1. Warranty for the purchased goods shall be provided by PNEUMAT SYSTEM Sp. z o.o. for up to 12 months from the date of delivery in line with the above terms and conditions, unless the warranty card specifies otherwise.
2. The parties hereby exclude the liability of PNEUMAT SYSTEM Sp. z o.o. resulting from the implied warranty for physical defects of the goods sold to the Buyer.
3. The warranty liability shall apply only to defects resulting from reasons beyond the control of the customer.
4. PNEUMAT SYSTEM Sp. z o.o. shall not be liable for defects of products resulting from:
a) Incorrect use of the product, inconsistent with its intended use and instructions for use, incorrect installation, maintenance, transport, unloading, storage, Buyer’s errors, and design or execution errors of third parties.
b) Unauthorised repairs, alterations, and structural changes made without the consent of PNEUMAT SYSTEM Sp. z o.o. by an unauthorised entity other than Pneumat System Sp. z o.o. or as a result of the use of part unauthorised by PNEUMAT SYSTEM Sp. z o.o.
c) Any external reasons, such as mechanical, chemical damage, and damage resulting from the ordinary wear and tear, i.e. such wear and tear that does not result from a defect in material or workmanship, fortuitous events, and force majeure.
5. PNEUMAT SYSTEM Sp. z o.o. shall not be liable towards the Buyer due to fault of a product made by the Buyer with the use of products supplied by PNEUMAT SYSTEM Sp. z o.o.
6. A complaint may be submitted only by the Buyer. The rights resulting from the warranty may not be transferred to third parties without the prior written consent of PNEUMAT SYSTEM Sp. z o.o. The warranty liability shall be limited to the value of the net price of the faulty goods covered by the complaint.
7. The Buyer shall be obliged to promptly examine the received products with due diligence required in economic relationships, taking into account the professional nature of the business activities, for obvious faults and quantity shortages. The Buyer shall be obliged to examine every Product before it is installed or used and to promptly inform PNEUMAT SYSTEM Sp. z o.o. of any irregularities. Faults not reported in the manner specified hereinabove shall not be subject to complaint under the warranty.
8. A complaint must be reported in writing (reklamacje@pneumat.com.pl) and should include: sale invoice number, original copy of the warranty card (if applicable), serial number of the product, description of the defect. The complaint report form is available at https://www.pneumat.com.pl/do-pobrania
9. Before the shipment is received (acknowledgement of the receipt on the waybill), the Buyer shall be obliged to very carefully examine the product packaging (and the product itself, if possible) for any potential visible damage in transit and to take any measure intended to determine the carrier’s liability and to draw up an appropriate damage report.
10. Immediately after the shipment is received (acknowledgement of the receipt on the waybill), while the carrier is still present, the Buyer should unpack the product and examine it in terms of quantity and quality, particularly for any visible damage that might have occurred in transit. Any shortage or damage to the product should be noted in the damage report. In case of large deliveries of goods and/or deliveries in collective packaging that would be impossible or too time-consuming to examine in the presence of the courier, the Buyer shall be obliged to carefully examine the goods and report any potential faults to the Seller in writing as soon as possible but not later than within 2 working days from the date of accepting the delivery.
This shall not release the Buyer from the obligation referred to in Clause 8.
11. Receipt of the goods by the Buyer without the diligence referred to in Clause 8 and 9 shall be deemed to be the confirmation of the correctness of the delivery.
12. A complaint must be submitted from time to time in writing in the complaint report form and delivered with the damage report and photo documentation according to the instructions included in that form.
13. If it turns out that a fault results from circumstances beyond the control of PNEUMAT SYSTEM Sp. z o.o., the Buyer shall reimburse PNEUMAT SYSTEM Sp. z o.o. for any cost related to the complaint process, i.e. particularly the cost of product transport, access, repair and maintenance service cost, legal service cost. Payment of the costs referred to in the preceding sentence shall not exclude the possibility of PNEUMAT SYSTEM Sp. z o.o. claiming damages under the general principles.
14. Any warranty repair, with the exception of rotary-screw and reciprocating compressors made on tanks with a volume of not less than 200 l shall be conducted at the head office of PNEUMAT SYSTEM Sp. z o.o.
15. The cost of shipment of the goods covered by the complaint for the repair and after the repair shall be covered by the Buyer. If the complaint is accepted, the cost of transit to the customer shall be covered by PNEUMAT SYSTEM Sp. z o.o.
16. Claims resulting from a complaint shall not constitute the grounds for withholding the payment for the delivered goods.
1. Goods may be returned only with the consent of the Seller expressed in writing. PNEUMAT SYSTEM Sp. z o.o. may make the consent dependent on the Buyer paying a compensation fee in the amount of 20% (twenty) of the net value of the order or higher if the cost related to the purchase and the execution of order have exceeded that amount.
2. The Buyer shall be entitled to return the goods with the consent of the Seller and under the condition of no damage to the goods and their packaging and covering the full cost of transport of the returned goods to the warehouse from which the shipment was sent to the Buyer.
3. The settlement for the returned goods shall be made by issuing and delivering the corrective invoice to the Buyer along with the accounting note.
4. Cases regarding return of goods shall be processed only for orders up to 3 months from the date of invoice.
5. Within 30 days from the date of accepting the return, the purchaser shall receive the document correcting the current settlements.
6. Due to their nature, custom-made pneumatic actuators, gas springs, hose sections, and other products made or imported on an individual order basis shall not be subject to return.
1. A customer may be granted the right to make a purchase with an extended payment deadline if the requirements specified by the procedures in force at PNEUMAT SYSTEM Sp. z o.o. are met. Information on this is provided by the head of the Pneumat System Sales Department.
1. The exclusive place of performing any obligations resulting from the agreement shall be Wrocław.
2. The GTC shall be governed only in accordance with the Polish law and shall be interpreted in accordance with the Polish law. The agreement shall be governed and interpreted in accordance with the Polish law.
3. For any dispute resulting directly or indirectly from the agreement, the only competent court shall be the court competent for the head office of PNEUMAT SYSTEM Sp. z o.o.
4. To all matters that have not been settled, the provisions of the Polish law shall apply, particularly the provisions of the Civil Code.
5. The titles of particular clauses of these GTC have been implemented solely to facilitate the use of the content and have no legal meanings, therefore, the content of the GTC may not be interpreted on the basis thereof.
6. If any provision of these GTC turns out to be invalid or ineffective, this shall not affect the validity and effectiveness of the other provisions. In such a case, the parties undertake to adopt such provisions that will reflect the prior intention of the parties in an effective manner, and in case of no consensus regarding the above scope, the relevant provisions of the applicable law shall apply.
7. If the agreements or the GTC are drawn up in Polish and a foreign language, the authentic language shall be Polish. In case of any differences between the version in Polish and the version in a foreign language, the content of the Polish version shall prevail.
8. PNEUMAT SYSTEM Sp. z o.o. reserves the right to make changes to these GTC.
9. These GTC shall apply to the sale agreements concluded and deliveries conducted in the period from 1 February 2017.