General Terms and Conditions of Sale B2B TEKAEM DG Sp z. o. o.

Version 1.0 Date of issue: 13 December 2021

TEKAEM DG sp. z o.o.
62-052 Komorniki, Poznańska 47a

General provision

The General Terms and Conditions of Sale (hereinafter referred to as “GTC”) define the rules for concluding contracts for the sale of goods, in which the seller is TEKAEM DG sp. z. o.o. with its registered office in Komorniki, address: Poznańska 47a, REGON number 520457168, NIP 7773381309.
The GTS form an integral part of all sales contracts concluded by TEKAEM, including contracts concluded in the form of the buyer submitting an offer prepared by TEKAEM, whereby in a situation where the parties have agreed their rights and obligations in a separate written contract, the provisions of such a written contract shall apply in the first instance, and the provisions of these GTS shall apply only to the extent not regulated in the agreement.
The GTS are made available to buyers in writing at the TEKAEM headquarters, as well as in electronic form on the website www.TEKAEM.eu. If the purchaser is in a permanent business relationship with TEKAEM, their acceptance of the GTC for one sales agreement shall be deemed to be their acceptance for subsequent sales agreements concluded with TEKAEM, unless the Parties have agreed otherwise.

Glossary

offer– the sum of order items defined and supplemented by TEKAEM on the generated form as separate files, together with the quantities assigned to them in natural units of measurement (pieces, running metres, square metres, etc.), with the proviso that TEKAEM is the only party authorised to complete and change the content of order items (which does not apply to the purchaser’s signature)

essential items – specification of length, type and layout of cladding, type of profiling, colours, workshop drawings, type of lock, type and length of undercut,

preliminary offer – an offer prepared by TEKAEM without specifying all essential items (essential items are understood to mean the specification of length, type and layout of cladding, type of profiling, colours, workshop drawings, type of lock, type and length of undercut) and submitted by the Customer, constitutes an invitation to TEKAEM to submit offers and does not result in the creation of an obligation final offer – an offer prepared by TEKAEM indicating all relevant items and submitted by the Customer additional conditions for the execution of the offer – additional conditions stipulated by TEKAEM for the execution of the final offer and the conclusion of the contract (such as: advance payment, delivery method, destination, type of unloading), which affect the postponement of the date of execution and the estimated time of execution of the contract

purchaser – a natural or legal person or other entity without legal personality purchasing goods offered by TEKAEM on its own behalf

recipient – an organisational unit of the buyer or another entity indicated by the buyer to which the goods are to be delivered or issued, and which may perform the buyer’s obligations

TEKAEM – the seller, TEKAEM DG sp. z. o.o. with its registered office in Komorniki.

Sales agreement – a sales agreement or delivery agreement concluded between TEKAEM and a natural or legal person purchasing goods offered by TEKAEM

goods – a finished product subject to the production process at TEKAEM, as well as a product line or invoice item not subject to the production process at TEKAEM, including products from other manufacturers, which are owned by TEKAEM or may be offered for sale by TEKAEM

physical defect – a significant quality feature of the goods which causes them to fail to meet the conditions set out in the Polish construction standard adopted by the Polish Committee for Standardisation for the goods covered by the sales contract or another standard indicated by TEKAEM; the goods offered by TEKAEM have the functional properties provided for by the standards to which TEKAEM refers, and features that are not relevant to their use, such as scratches, dirt or chips, do not constitute grounds for any claims by the Buyers.

payment date – the date specified in the contract and these GTC on which the obligation is to be paid (if a specific date is indicated), or the period between the date of origin and the date of maturity of the claim by TEKAEM (if a period of time is indicated)

claim – TEKAEM’s right to demand that the debtor fulfil a monetary or material obligation; in business transactions – all anticipated cash revenues from various sources

handling fee – a contractual fee charged by TEKAEM on the basis of these GTC for costs related to the performance of the contract for the sale of goods

assignment – the sale by the purchaser of their claim to TEKAEM

claim – the creditor’s right to demand that the debtor (including the purchaser) behave in a specific manner

surety – a type of agreement in which the guarantor undertakes to TEKAEM to perform a specific obligation in the event that the debtor fails to perform that obligation

delivery date– the date of release of the goods or the date confirmed in writing by TEKAEM for delivery of the goods to the agreed location or the date of collection determined on the basis of the content of the contract or a separate agreement, which may be unilaterally postponed by TEKAEM if the purchaser fails to meet the requirements necessary to activate the order resulting from the final offer in a timely manner (including failure to pay for the goods), as well as in the event of an unforeseen change in the organisation of production and delivery (in the event of the prepared offer being submitted at a time other than the date of its preparation by TEKAEM).

estimated delivery time – the estimated period of time entered by TEKAEM on the offer, allowing for the determination of the delivery date, taking into account the other terms of the offer and actual events.

Incoterms – a set of international sales terms that are widely used around the world. The rules divide the costs and responsibilities between the buyer and the seller (the purchaser and TEKAEM) and reflect the type of transport agreed upon. The Incoterms 2000 version is used.

warranty – the seller’s liability to the buyer (TEKAEM to the purchaser) for physical and legal defects of the item sold, regulated in Articles 556-576 of the Civil Code, taking into account the changes resulting from these GTS

warranty – all additional contractual rights that TEKAEM may grant to the buyer, the granting of which is documented each time in a separate document provided upon conclusion of the sales contract

Complaint – notification by the purchaser of claims under warranty or guarantee or any other title, whereby the purchaser is obliged to indicate at the time of filing the complaint on what basis the claims are being made, under pain of the claims being considered as made under guarantee,

WZ document (external release) – a document issued by TEKAEM confirming the release of goods to the buyer or a person authorised by them, in particular the loading of goods onto a means of transport, which may be marked with the symbol WZ, WZ(O) or O-, as appropriate.

force majeure – an extraordinary, external and unavoidable event which could not be avoided even with the utmost care on the part of the Parties, recognised as force majeure by TEKAEM in accordance with § 8(3) of the General Terms and Conditions.

Obligations of the Parties

The Parties are obliged to perform the sales agreement and to cooperate in its performance in accordance with its purpose and the provisions of the GTS.
The Purchaser undertakes, in particular, to comply with the terms and conditions set out in the GTS:
Payment of the agreed price, in accordance with the agreed terms
Collection of goods
Compliance with the required deadlines and forms appropriate for the complaint procedures
Describing all circumstances of the case in complaints, under pain of considering them non-existent in any compensation proceedings
Allow access to the area where the defective goods are located in order to carry out activities in the course of the complaint procedure
Delivery of defective items mentioned in the complaint</li>
Conclude a sales contract in the event of abandonment specified in § 12 of the GTC
Proper and complete fulfilment of all other obligations provided for in the sales contract or GTC
TEKAEM, on the terms specified in the GTS, undertakes in particular to:
Performing the subject matter with due diligence, without defects, in accordance with the rules provided for in the offer, the sales contract and the GTS
Deliver the goods covered by the sales contract
Issuing a warranty document, if granted
Consideration of correctly submitted and complete complaints
Compensation for damage if the complaint is upheld

Performance and execution of contracts

Information published on the TEKAEM website, in catalogues, brochures, leaflets, advertisements and other publications or printed materials of TEKAEM – (hereinafter referred to as “Publications”) – does not constitute an offer within the meaning of the Civil Code, even if it includes a price, unless otherwise expressly stated in the Publication. Publications concerning Goods offered by TEKAEM are for information purposes only, while models and samples displayed by TEKAEM are for illustrative and exhibition purposes. Detailed technical data provided in the Publications are subject to change at any time, including due to the rapid pace of change in the technical industry. The current version of the Publication will be published on the Internet or made available at the TEKAEM headquarters, where the purchaser can also obtain confirmation of the current data necessary to formulate an offer.
The condition for the effective conclusion of a sales contract is the generation of a final offer by TEKAEM, followed by the submission of this offer by the purchaser (also by fax or e-mail) and the fulfilment of additional conditions for the execution of the offer (such as: advance payment, delivery method, destination, type of unloading). Once the offer has been given the status of “final offer”, TEKAEM has accepted it for execution and, after the additional conditions for the execution of the offer have been met, is obliged to deliver the goods on the basis of the offer, subject to §5.
TEKAEM’s preliminary offers are invitations to the customer to submit offers and, unless TEKAEM undertakes to perform the contract, they are binding on TEKAEM in terms of price for the period specified therein (offer validity period), but no longer than 14 days from the date of their dispatch. The submission of another offer by the buyer is only permissible before the offer has been given the status of a final offer and automatically invalidates the previous preliminary offer.
Until the offer obtains the status of a final offer and the additional conditions are met, the buyer shall not be entitled to claim the conclusion of the contract or any other claim for damages (TEKAEM’s liability is excluded to the fullest extent permitted by law).
The buyer has the right to withdraw from the contract on the basis of the final offer submitted, but for this purpose it is necessary to deliver, during business hours, i.e. between 8:00 a.m. and 4:00 p.m., in writing to TEKAEM, no later than 24 hours after the final offer has been submitted, unless it has already been executed (if the deadline for withdrawal falls on a public holiday, it shall be postponed to the same time on the next working day).

Offers and prices

The prices of Goods specified in the price lists made available by TEKAEM at its registered office may be changed by TEKAEM at any time. The price of the Goods is presented in the offers generated and sent by TEKAEM and is finally determined on the date of submission of the final offer to TEKAEM by the buyer and fulfilment of the conditions necessary for delivery (unless otherwise specified in the final offer – e.g. if the validity period of the offer in terms of price has been indicated). If the final offer submitted by the buyer contains a price other than that applicable on the date of fulfilment of the additional conditions for the execution of the offer, TEKAEM shall provide the buyer with an offer reflecting the new price, and the contract shall be concluded if the buyer does not withdraw from the contract under the conditions specified in § 4(5) of the GTC.
An offer submitted by the buyer after obtaining the status of “final offer” may be cancelled only by TEKAEM at the written request of the buyer after the buyer has submitted another final offer agreed with TEKAEM. The cancellation of the offer takes effect upon confirmation of the cancellation by TEKAEM and results in the termination of the agreement by mutual consent of the parties, with neither TEKAEM nor the purchaser having any claims arising from the cancellation of the offer.
All written documentation, including drawings, cost estimates, offers, etc., may not be disclosed to third parties and are intended solely for the purpose of concluding a specific sales contract.
If, after the buyer has submitted a final offer, their financial situation deteriorates significantly or significant circumstances unknown to TEKAEM on the date of submission of the offer come to light (including if they are disclosed in relevant publications), and causing the performance of the contract to be significantly threatened, in particular until the buyer fulfils additional conditions, TEKAEM shall be entitled to withdraw from the contract in whole or in part and to claim reimbursement of the costs incurred in this respect.

Terms of payment

TEKAEM is entitled to demand payment of the price specified on the invoice upon collection of the ordered Goods by the buyer, and if the Goods have not been collected in accordance with § 8(1) of the General Terms and Conditions of Sale, then upon expiry of the deadline for collection of the Goods. The parties may agree in the contract on a different payment date or method of payment, e.g. by indicating this on the TEKAEM invoice. In each case, the payment date is specified in days and is counted from the date of issue of the invoice.
The date of payment shall be the date on which the amount due is credited to the TEKAEM bank account indicated on the invoice or to the account indicated by TEKAEM.
In the event of late payment, TEKAEM shall be entitled to demand interest at the maximum rate specified in Article 359§2¹ of the Civil Code, without additional payment reminders (on an annual basis). Interest for late payment shall be calculated from the day following the payment deadline. In the event of late payment for goods, TEKAEM is entitled to claim, in addition to the principal amount and interest for late payment, reimbursement of court costs, enforcement costs and legal representation costs. In addition, TEKAEM is entitled to claim reimbursement of costs related to the collection of this debt in an amount not exceeding 10% of the total amount of the debt collected.
If the buyer is late with payments to TEKAEM, TEKAEM has the right to apply the payment made by the buyer first to the costs specified in § 6(3) of the GTC, then to the interest for late payment, and then the oldest outstanding amounts, regardless of whether the buyer has indicated which amount they are paying, even if the costs, interest and amounts due result from more than one invoice. This provision repeals the rights of the debtor referred to in Article 451 §1 of the Civil Code.
At the same time, TEKAEM reserves the right to make deductions for other receivables and liabilities, in accordance with the provisions of the Civil Code.
The buyer shall not be entitled to make any deductions from amounts due to TEKAEM.
If the buyer exceeds the payment deadline for the delivered goods, resulting from even one invoice, TEKAEM has the right to make all invoices whose payment deadlines have not yet passed and for which the Goods have been delivered immediately due and payable.
The Buyer is obliged to pay for the Goods within the agreed time limit, even if they have lodged a complaint about the Goods or if there has been a delay in collecting the Goods for reasons attributable to the Buyer.
The Buyer undertakes to immediately notify TEKAEM in writing of any change in its registered office or place of residence and address for correspondence. Failure to notify TEKAEM shall result in deliveries made to the addresses indicated in the offer or in other commercial agreements concluded between TEKAEM and the buyer being considered effective after a single unsuccessful delivery attempt.
The rules for granting credit limits and deferring payment dates are set out in separate regulations available on the website www.TEKAEM.eu and at the registered office of TEKAEM.
TEKAEM has the right to transfer its receivables to third parties.
Pursuant to Article 106n of the Act of 11 March 2004 on Goods and Services Tax (Journal of Laws 2004 No. 54 item 535, as amended), the buyer accepts the use of electronic invoices and their transmission to an email address in PDF format. This acceptance shall be valid indefinitely from the date of conclusion of the first sales contract based on the submitted Final Offer. The email address from which the purchaser corresponds with the seller shall be considered the email address for sending electronic invoices to the purchaser, unless the purchaser has indicated another address in the Final Offer or in an email message as the appropriate address for delivering electronic invoices. If the email address is unknown, the electronic invoice shall be sent to the address disclosed in the Central Register and Information on Economic Activity or in the register of entrepreneurs of the National Court Register, and if these are not available, the invoice shall be issued and sent in the usual form. The buyer may revoke their acceptance in writing with effect from the last day of the month in which the revocation reached the seller. The buyer shall ensure the efficiency of the ICT equipment and cooperating software tools used by the buyer, which enable them to communicate individually at a distance. In particular, the buyer is responsible for their ability to receive correspondence from the seller, and the electronic invoice shall be deemed delivered upon its transfer to the server where the buyer’s mailbox is located or upon its sending to that email address.

Reservation of ownership rights

If the purchaser fails to make payment within the specified time limit, TEKAEM shall have the right to demand that the purchaser return the Goods for which the purchaser has not paid on time. TEKAEM may also claim compensation if the value of the Goods has decreased in relation to the value specified on the sales invoice for the Goods as their price, including if they have been used or damaged.
In the event of the return of Goods manufactured to the purchaser’s individual order, even if this is done by agreement between the Parties and concerns undamaged Goods, TEKAEM may charge the purchaser a handling fee for the return of 20% of the value of the Goods being returned.
Upon the commencement of bankruptcy or composition proceedings against the purchaser, the purchaser shall be obliged to mark the Goods in a manner indicating the existence of TEKAEM’s retention of title. In the event of seizure of Goods owned by TEKAEM in the course of enforcement proceedings against the purchaser’s assets, the purchaser shall immediately notify TEKAEM of this fact and cooperate with TEKAEM in exercising its rights against the entity seizing the Goods by all available means. At TEKAEM’s request, the purchaser shall be obliged to immediately provide all information about where the Goods subject to retention of title are stored. TEKAEM shall be entitled to inspect the Goods at their location and to collect them if its ownership rights are threatened by the actions of third parties.
The buyer bears the risk of accidental loss or damage to the goods during the period between their release and the transfer of ownership of the goods to the buyer. TEKAEM may request that the buyer conclude an insurance contract with TEKAEM for the Goods against accidental loss or damage for the above-mentioned period, for an amount corresponding to the full value of the Goods, or transfer to TEKAEM all rights arising from the insurance contract concluded on behalf of the buyer, as well as claims against third parties responsible for the destruction or damage of the goods. In such a case, the buyer is obliged to send TEKAEM a copy of the goods insurance policy immediately after receiving it, as well as to notify the insurance company of the assignment of the claim under the insurance contract to TEKAEM and to send TEKAEM a copy of such notification immediately.
TEKAEM may authorise the purchaser in writing to resell the Goods subject to retention of title within the framework of its business, provided that the purchaser simultaneously assigns to TEKAEM its claim against the subsequent purchaser of the Goods for payment of the price. The assignment constitutes security for TEKAEM’s claim for payment of the sale price by the purchaser and does not release the purchaser from the obligation to pay the remaining part of the price; in the event of further sale of the goods, the purchaser is obliged to immediately inform TEKAEM of the identity of the subsequent purchaser. If the purchaser intends to combine the delivered goods with the property in such a way that they become part of it, the purchaser is obliged to establish in advance other security for TEKAEM’s claim for payment of the price, in particular a guarantee from the owner of the property or an assignment of the purchaser’s claim from the investor.

Terms and conditions of collection, delivery and storage

- 1. TEKAEM specifies only an estimated delivery time in its offers to help determine the delivery date. TEKAEM is bound by the delivery date only if it results from the final offer submitted at the time of preparation, completed in all respects (including, in particular, the dimensions of the materials supplied) and the timely fulfilment by the purchaser of additional conditions for the execution of the offer stipulated by TEKAEM (the completion date is verified on the date of fulfilment of the specified conditions) or when TEKAEM confirms it in writing, unambiguously and unconditionally. The purchaser is obliged to collect the goods on the date of delivery, but no later than 7 days from the date of fulfilment of the offer in accordance with the provisions of the contract or notification of the possibility of collection (the date of fulfilment results from the production sessions accepted for fulfilment and is determined at the time of conclusion of the contract, i.e. when the offer obtains final status and the additional conditions for fulfilment of the offer are met, but it also depends on other conditions specified in these GTC). If this deadline is exceeded, TEKAEM has the right to charge the buyer for the storage of uncollected products at a rate of 0.5% of the gross value of the goods for each day of storage, without the need to sign a separate storage agreement with the buyer. The buyer authorises TEKAEM to issue an invoice for the above-mentioned service. If this period is exceeded by 30 days, TEKAEM shall have the right to sell the Goods to a third party on terms and at a price at TEKAEM’s discretion and to credit the price received towards the purchaser’s obligation under the sale of the Goods.
  2. In the absence of written confirmation of the final offer date by TEKAEM, it shall make every effort to prepare the goods for collection, taking into account the interests of the purchaser.
  3. If TEKAEM’s inability to perform is due to force majeure, the buyer shall not be entitled to any claims for damages resulting from non-performance or late performance of the contract. TEKAEM shall be obliged to immediately inform the buyer of the events that prevented the delivery. Events classified as force majeure include, among others, disruptions in the operation of the plant not attributable to TEKAEM, shortages of raw materials, restrictions caused by government orders, natural disasters, strikes, etc.
  4. In the event of late payment, failure to pay interest on late payments, or exceeding the credit limit by the buyer, further deliveries (including final offers submitted to TEKAEM and final offers whose delivery date has been confirmed in writing) shall be suspended until all outstanding amounts have been paid.&
  5. Products sold by TEKAEM must be stored, transported and unloaded in accordance with the recommendations contained in the technical catalogues, transport instructions and unloading instructions prepared by the manufacturers of the goods sold by TEKAEM.
  6. In the event of the buyer’s failure to comply with TEKAEM’s transport and storage recommendations, TEKAEM reserves the right to reject any complaints.
  7. PIR thermal insulation boards must be stored in dry conditions. TEKAEM shall not be liable for damage resulting from improper storage of products, in particular for damage resulting from flooding or wetting of products.
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Shipping

- 1. TEKAEM delivers the ordered goods to the buyer (recipient) at the means of transport and at the moment when the goods are made available to the buyer (recipient) at the agreed place (DDU option, INCOTERMS 2000), whereby upon delivery of the goods by TEKAEM to the buyer or a person authorised by the buyer (including the recipient indicated by the buyer), the benefits and burdens associated with the goods and the risk of accidental loss or damage shall pass to the buyer.
  2. The place of performance by TEKAEM, and therefore the place of delivery of the goods, is the place of unloading in the case of transport organised by TEKAEM or the place of loading in the case of transport organised by the buyer, unless the sales contract or final offer provides otherwise.
  3. The buyer is obliged to unload the goods from the vehicle within 2 hours of its arrival at the destination. If the buyer fails to unload the goods within the above-mentioned time, they shall bear the costs of the vehicle’s downtime. The parking fee is calculated for each commenced hour in the amount of PLN 200 (two hundred zlotys) plus VAT. The buyer has the right to indicate an additional, alternative place for unloading the vehicle with the goods. The costs of unloading the vehicle at an additional unloading place shall be borne by the buyer. If the delivery of goods to an additional unloading location results in a longer transport route or a significant change to it, the additional transport costs shall be borne by the buyer. For deliveries made at the buyer’s request by a special vehicle with a HDS crane, TEKAEM reserves the right to charge the buyer for the cost of using this vehicle – crane, according to the tariff applicable to these deliveries, specified in the TEKAEM price list or according to separate rules applicable at TEKAEM.
  4. TEKAEM shall designate the plant or warehouse from which the goods will be delivered and the method of transport. TEKAEM shall make every effort to accommodate the purchaser’s wishes regarding transport to the greatest extent possible. The buyer is obliged to carefully check the completeness of the shipment immediately upon receipt and to determine any shortages or damage to the goods that may have occurred during transport. If the transport of the Goods is organised by TEKAEM, the Buyer shall accept the quantity of goods upon delivery by signing a statement on the delivery note confirming that the goods have been received in accordance with the specification. Such a statement constitutes proof of receipt of the goods in terms of quantity. Any reservations regarding the condition, in particular the condition of the packaging and its security, shall be reported by the Ordering Party in writing on the consignment note and on a copy of the delivery note upon delivery of the Goods, or a separate acceptance report shall be drawn up with a full description of the damage, signed by both the driver and the purchaser, under pain of losing the right to report them and refer to them at a later date. The consignment note and the WZ document, on which no comments have been made regarding the quantity and quality of the ordered Goods, constitute proof of the performance of the contract concluded on the basis of the final offer without any reservations on the part of the purchaser.
  5. In the event of a qualitative or quantitative defect in the Goods, the buyer is obliged to secure the goods in an undamaged condition, in particular, they are obliged to refrain from installing the defective goods until the complaint has been considered by TEKAEM, under pain of losing the right to any claims against TEKAEM.
    TEKAEM shall not be liable for any damage caused during unloading of the goods at the buyer’s premises.
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Packaging

- - 1. TEKAEM will make every effort to ensure that the goods are properly packaged.
    2. The cost of disposable pallets is included in the product price. The purchaser may not resell them at the delivery point. The handling of reusable pallets is governed by separate agreements between the purchaser and TEKAEM.
    3. The buyer is obliged, under pain of losing the possibility of complaining about the products, to remove the protective film from the goods sold by TEKAEM and to clean their external and internal surfaces no later than within 7 days from the date of receipt of the goods. This should be done when the steel cladding is at a positive temperature. This obligation rests with the purchaser regardless of the place of storage of the goods.
    4. PIR thermal insulation boards offered for sale are packaged in protective heat-shrinkable film. The protective film retains 100% of its properties for up to 14 days from the date of delivery/collection of the products. TEKAEM shall not be liable for any damage resulting from the reduction in the protective properties of the film, in particular for any damage occurring during storage at the Customer’s premises after 14 days from the date of delivery/collection of the products. We justify the above decision by the fact that the properties of the protective film are reduced as a result of ageing, long storage, and the influence of atmospheric and environmental conditions. The reduction in the protective properties of the film may also adversely affect the condition of the cladding used in the production of PIR thermal insulation boards, and therefore TEKAEM shall not be liable for any defects that may occur on the cladding, such as discolouration, moisture damage, etc., after 30 days from the date of delivery/receipt of the products. In the case of purchasing PIR boards in quantities smaller than a complete package, factory-packed by the manufacturer, TEKAEM shall not be liable for any defects in the goods that may appear after their collection by the Recipient.
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Complaints

- - 1. The parties are obliged to cooperate in the exercise of complaint rights, in particular to ensure access to defective items, to submit all necessary documents and information for the repair (building plans, technical documentation) and to enable the selected method of redress for the complaint to be implemented.
    2. The seller is liable for the goods in accordance with the regulations in force in Poland, subject to the reservations made in the sales contract or the GTS.
    3. The Buyer is obliged to inspect the goods in terms of quantity and quality upon delivery.
    4. All complaints must be reported to TEKAEM immediately and in writing, otherwise they shall be deemed invalid. As part of the complaint, the buyer shall provide the following information identifying the purchase of the goods: date of purchase, final offer number, reason for the complaint, list of goods complained about, indicating, among other things, their quantity, and specify their claim (value of the claim, expected manner of handling the complaint). If the buyer chooses to exercise their rights under the warranty, they are obliged to provide TEKAEM with the warranty document.
    5. The prerequisite for the purchaser to file a complaint is compliance with the following rules of conduct:
    6. the goods must be stored, treated and processed in accordance with all relevant specialist requirements in this regard, in particular the requirements of technical documentation (permits) and generally accepted technical principles,
    7. in the event of a defect, further processing and treatment of the goods must be discontinued immediately; the goods must be made available to TEKAEM for inspection and, at TEKAEM’s request, samples of the goods subject to complaint must be provided.
    8. Quantity complaints resulting from incorrect loading of the goods or complaints about visible physical defects caused by transport (bent locks, mechanical damage to cladding, abrasions and scratches on the organic coating) should be reported by the purchaser in writing immediately after their discovery, no later than on the day of unloading or delivery of the goods. In addition, in the case of such complaints, it is necessary for the purchaser to make a note on the delivery note of damage to the purchased goods (statement of absence or damage). The annotation on the delivery note must be signed by the driver who made the delivery or the person issuing it on behalf of TEKAEM.
    9. Complaints regarding visible physical defects (e.g. dimensional deviations, surface quality, bends, creases) other than those specified in section 6 above should be reported by the purchaser in writing immediately after their discovery, no later than 7 days from the date of delivery of the goods and only if the goods have not been processed.
    10. Complaints regarding manufacturing defects (hidden quality defects) which could not be detected despite thorough inspection of the goods should be submitted to TEKAEM in writing immediately after their detection, but no later than 30 days from the date of delivery of the goods.

Failure to submit a complaint within the time limits specified in the sales contract and the GTCS or failure to provide the required documents shall result in the purchaser losing any claims against TEKAEM.

- 1. The buyer is obliged to allow TEKAEM to inspect the goods subject to complaint, including taking samples and performing technical tests, under pain of losing any claims against TEKAEM.
  2. The costs of hiring an Expert Appraiser shall be borne by the Party indicated by the Expert Appraiser as responsible for the damage.
  3. If the buyer’s complaint is deemed justified, TEKAEM reserves the right to choose the final method of resolving the complaint, depending on the extent of the damage and the costs associated with it (repair, replacement with a new, defect-free product or payment of compensation specified by TEKAEM, subject to any different warranty rights, if specified in the warranty document) If TEKAEM accepts the complaint but refuses to repair, replace the goods with new, defect-free goods or pay compensation, the purchaser may demand a reduction in the purchase price or withdraw from the contract.
  4. If the method of handling the complaint chosen by TEKAEM is unsuccessful, the purchaser may resubmit the complaint.
  5. If the buyer hinders or prevents the complaint from being resolved in the manner chosen by TEKAEM, they shall lose any claims against TEKAEM, and in particular, TEKAEM shall be free from any liability for damage arising in connection with the defects complained about.
  6. Satisfaction of the purchaser’s claims in the manner described above excludes the possibility of claiming further compensation in this respect in the future, in particular claiming damages on general terms.
  7. If TEKAEM recognises the right to exchange the goods for goods free from defects, the purchaser is obliged to return the exchanged goods without additional requests. If the purchaser fails to return the goods within 14 days of delivery of the decision to accept the complaint, TEKAEM shall be entitled to suspend the warranty and to consider the replaced goods as second-class goods sold at a price reduced by 20% in relation to the TEKAEM price list.
  8. TEKAEM has the right to suspend the buyer’s claims under the complaint until the buyer has settled all outstanding amounts due to TEKAEM and fulfilled all other obligations towards TEKAEM.
    TEKAEM shall not be liable for any indirect or consequential damages, economic losses or lost profits of the buyer, in particular damages caused by the loss of the designed facility or adjacent equipment, loss of product, loss of interest, remuneration or profit. In any case, TEKAEM’s liability is limited to the net price of the goods sold actually paid by the purchaser.
  9. The purchaser loses all rights to pursue any claims related to the purchase of goods against TEKAEM if they have not inspected the goods upon receipt or if they have inspected the goods and have not immediately notified TEKAEM of any defects or irregularities observed. The loss of rights occurs in particular when the buyer has noticed defects or irregularities and nevertheless has installed the goods.
    TEKAEM shall not be liable for dark-coloured sandwich panels in terms of physical defects resulting from thermal expansion; in particular, these panels, regardless of their length, are not covered by warranty or guarantee.
  10. For all dark-coloured sandwich panels, the designer is obliged to take into account the impact of thermal loads in the technical design (also when determining the list of cuts) and the method of fixing them, including, in particular, determining the correct length of the elements.
  11. For galvanised products made of hot-dip galvanised steel, the presence of dark and light grey areas on the surface, slight unevenness of the outer surface, as well as white rust, provided that the zinc coating still has a minimum thickness, do not constitute grounds for complaint.
  12. TEKAEM shall not be liable for damage that may occur during transport (scratches, abrasions and other mechanical damage to the organic coating) to products made of steel with a coarse-grained coating, as well as Rustika and Malaga, if the purchaser has not purchased a protective film for such products from TEKAEM.lt;/li>
    TEKAEM shall not be liable for damage to coated sheet metal products resulting from their contact with wet concrete or wood, plaster and soil.
  13. TEKAEM shall not be liable for any physical defects in products marked as second-grade goods. In particular, such products, regardless of their type and quantity, are not covered by any warranty, guarantee or other liability for non-performance or improper performance of the contract. The buyer purchases second-grade goods at their own risk, in the condition at the time of delivery, at a reduced price, without the right to any claims related to their quality, and upon delivery of the goods, waives such claims against TEKAEM in the future. In particular, the buyer is not entitled to return or reduce the order, compensation or reimbursement of costs. Second-grade goods may not meet standard quality standards and there is no guarantee that they meet the standards adopted in the user’s country in terms of steel and foam thickness. Second-grade goods may have, for example, certain irregularities, scratches, dents, foam or paint defects (including colour inconsistencies), deviations from the standards adopted for given sizes and thicknesses, other characteristics of steel and foam thickness, etc. Such deviations from accepted standards do not constitute a product defect.
    TEKAEM informs that the change in the colour of the polyurethane core in PIR thermal insulation boards does not affect the mechanical and thermal insulation parameters of the product. The colour change occurs both when the products are stored indoors and outdoors. Complaints on this basis will not be considered.
  14. TEKAEM informs that both small bubbles and wrinkles in the coatings used in the production of PIR thermal insulation boards result from the production process, during which polyurethane shrinks, which is a typical phenomenon. Complaints in this regard will not be considered.
  15. TEKAEM informs that in the case of PIR thermal insulation board milling services, the effective coverage area is reduced by 2% to 4%. Complaints in this regard will not be considered.
  16. Complaints regarding the quality or quantity of PIR thermal insulation boards and accessories must be reported before installation. Installed products are considered free from defects and complaints sent to the Manufacturer after installation will not be considered.
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    Warranty and Guarantee
    - - In relations between entrepreneurs, pursuant to Article 558 of the Civil Code, the warranty is excluded, unless the parties agree otherwise or the damage results from intentional fault or gross negligence on the part of TEKAEM. Warranty rights expire 6 months after the date of delivery of the goods.
        The warranty covers only products for which a separate warranty document has been drawn up and issued to the purchaser. The purchaser has no right to claim the issuance of a warranty document.
    TEKAEM reserves the right to modify the technical parameters in relation to the data contained in the descriptions provided in brochures, drawings and other advertising materials in connection with the continuous modernisation of products, increasing their functional qualities.
    TEKAEM is bound by the technical parameters after their explicit written agreement with the buyer, which constitutes a guarantee of the properties of the goods sold.
    TEKAEM ensures that the goods delivered comply with the principles of modern technology, including the requirements specified by the relevant permits in this regard, as well as the contractual agreements made with the purchaser.
    TEKAEM further warrants that the goods sold will function without disruption if used for their intended purpose in normal Central European climatic and atmospheric conditions, not exposed to direct seawater or excessive UV radiation, and free from the effects of intense chemical compounds, including atmospheric pollution. With regard to all values and dimensions of the goods contained in the relevant permits and the contract, the purchaser shall take into account the limits of permissible deviations (tolerances) customary or specified by relevant standards, unless otherwise agreed in writing. The parties accept that there may be differences in the colour shade of the goods, which may occur in the case of separate deliveries of individual batches of goods, as well as in the case of deliveries of goods that vary in terms of production date and sheet thickness.
    - - Warranty rights expire 6 months after the date of delivery of the goods, unless otherwise specified in the warranty document. The warranty shall not be extended in the event of repair of defects, and for items free from defects issued in place of defective items, a new warranty may be drawn up and issued, provided that the period of the new warranty shall not exceed the period of the original warranty.
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    Personal data protection
    By accepting these GTC, the buyer consents to the processing of their personal data by TEKAEM and entities acting on its behalf in Poland and abroad in connection with the performance of contracts for the sale of goods offered by TEKAEM and for marketing purposes related to TEKAEM’s business activities. The purchaser is entitled to all rights under the Act of 29 August 1997 on the protection of personal data (Journal of Laws of 2002, No. 101, item 926, as amended), in particular, they have the right to access their own data.
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    Final provisions
    - - All deadlines specified in the GTS and the sales agreement are reserved for the benefit of TEKAEM.
        In matters not covered by these GTS, the provisions of the Civil Code shall apply.
        If certain provisions of the GTC become invalid as a result of the introduction of different statutory regulations, the remaining provisions shall remain valid.
    TEKAEM reserves the right to use information about investments or design or construction works carried out using TEKAEM products or technologies. Such use shall apply to marketing activities, including in particular informing about such investments and/or works, and recording investments or works in the form of photographs or other graphic forms, and placing them in any advertising materials of TEKAEM.
    TEKAEM and the buyer shall endeavour to settle amicably any disputes arising in connection with the performance of contracts covered by these terms and conditions. If it is not possible to settle the matter amicably, the court competent for the registered office of TEKAEM shall have jurisdiction to settle the dispute.