General Terms and Conditions of Sale B2B TEKAEM Grzegorz Engelbrecht

Version 1.0 Issue date: 2019.06.13

TEKAEM Grzegorz Engelbrecht

1 General Provisions

The General Terms and Conditions of Sale (hereinafter referred to as “GTC”) set out the rules for concluding sales contracts for goods in which the seller is Grzegorz Engelbrecht conducting business under the name Tekaem Grzegorz Engelbrecht with its registered office in Komorniki, address: Poznańska 47a, holding REGON number 383629333, Tax ID 5881030505 (hereinafter referred to as Tekaem).
The GTC constitute an integral part of all sales contracts concluded by Tekaem, including contracts concluded in the form of submission by the purchaser of 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 written contract shall apply first, and the provisions of these GTC only to the extent not regulated in the contract.
The GTC are made available to purchasers in written form at Tekaem’s registered office, as well as in electronic version on the website www.Tekaem.eu. If the purchaser remains in permanent trade relations with Tekaem, their acceptance of the GTC for one sales contract is considered acceptance for subsequent sales contracts concluded with Tekaem, unless the Parties stipulate otherwise.

2 Glossary

offer – the sum of order items defined and completed by Tekaem on a generated form as separate cards together with their assigned quantity in natural units of measurement (pieces, running meters, m2, etc.), with the reservation that Tekaem is the only party entitled 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, color scheme, workshop drawings, type of lock, type and length of undercut

preliminary offer – an offer prepared by Tekaem without indicating all essential items (essential items are understood as specification of length, type and layout of cladding, type of profiling, color scheme, workshop drawings, type of lock, type and length of undercut) and submitted by the Client, constitutes an invitation for Tekaem to submit offers and does not result in the creation of an obligation

final offer – an offer prepared by Tekaem with indication of all essential items and submitted by the Client

additional conditions for offer execution – additional conditions reserved by Tekaem for the execution of the final offer and conclusion of the contract (such as: down payment, delivery method, destination, type of unloading), which affect the postponement of the execution date and estimated time of contract execution

purchaser – is a natural or legal person or other organizational unit without legal personality acquiring goods offered by Tekaem in their own name

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

Tekaem – seller, Grzegorz Engelbrecht conducting business under the name Tekaem Grzegorz Engelbrecht with its registered office in Komorniki, address: Poznańska 47a, holding REGON number 383629333, Tax ID 5881030505

sales contract – a sales contract or supply contract concluded between Tekaem and a natural or legal person acquiring goods offered by Tekaem

goods – is a finished product subject to the production process at Tekaem, as well as an offer line or invoice item not subject to the production process at Tekaem, including products of other manufacturers, which products constitute Tekaem’s property or may be offered for sale by Tekaem

physical defect – an essential quality characteristic of the goods causing it not to meet the conditions provided for in the Polish construction standard adopted by the Polish Committee for Standardization for the given goods being the subject of the sales contract or other standard indicated by Tekaem; goods offered by Tekaem have utility properties provided for by the standards to which Tekaem refers, and non-essential utility features such as scratches, dirt or chips of goods do not constitute grounds for Buyers to make any claims.

payment term – a day determined on the basis of the contract and these GTC on which the obligation should be paid (in the case of designation by a specific date), or the period between the day of creation and the day of maturity of the receivable by Tekaem (in the case of designation by a period of time)

receivable – Tekaem’s right to demand from the debtor the performance of a monetary or material obligation, in business transactions – all anticipated income of funds from various titles

handling fee – a contractual fee determined on the basis of these GTC collected by Tekaem for costs related to the execution of the goods sales contract

assignment – transfer by the purchaser of their receivable to Tekaem

claim – is the right to demand by the creditor from the debtor (including from the purchaser) to behave in a specific way

guarantee (surety) – is a type of contract in which the guarantor undertakes to Tekaem to perform a specific obligation in the event that the debtor fails to perform that obligation

execution date – is the date of issue of goods or the date confirmed by Tekaem in writing of placing the goods for collection at the agreed place or the collection date established on the basis of the content of the concluded contract or separate agreement, which may be unilaterally postponed by Tekaem in the event of failure by the purchaser to meet the requirements necessary to launch the order resulting from the final offer in due time (including failure to make payment for goods), as well as in the case of unforeseen changes in production organization and supply organization (in the case of submission of the prepared offer at a time other than the time of its preparation by Tekaem).

estimated execution time – entered by Tekaem on the offer, an estimated period of time allowing, taking into account the remaining conditions of the offer and actual events, to determine the execution date.

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

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

guarantee – is the totality of additional contractual rights that Tekaem may grant to the purchaser and whose granting is documented each time by a separate document provided upon conclusion of the sales contract

complaint – submission by the purchaser of claims under warranty or guarantee or any other title, whereby the purchaser is obliged to indicate at the time of submitting the complaint on what grounds they are submitting claims, under penalty of recognition that claims are submitted under guarantee

WZ document (external release) – a document issued by Tekaem, confirming the issue of goods to the purchaser or a person authorized by them, in particular loading of goods onto a means of transport, which may be marked depending on the case with the symbol WZ, WZ(O) or O-.

force majeure – is an extraordinary, external and unavoidable event that could not be avoided even in the case of maximum diligence of the Parties, recognized as force majeure by Tekaem in accordance with § 8 section 3 of the GTC.

3 Obligations of the Parties

The Parties are obliged to execute the sales contract and cooperate in its execution in accordance with its purpose and the provisions of the GTC.
The Purchaser, on the principles specified in the GTC, undertakes in particular to:
1. Pay the agreed price, observing the agreed deadlines
2. Collect the goods
3. Observe the required deadlines and forms appropriate for complaint actions taken
4. Describe in complaints all circumstances of the case under penalty of considering them non-existent in any compensation proceedings
5. Allow entry to the area where defective goods are located to carry out activities during the complaint procedure
6. Deliver defective items exchanged as part of the complaint
7. Conclude a sales contract in the case of omission specified in § 12 of the GTC
8. Properly and completely fulfill all other obligations provided for in the sales contract or GTC
Tekaem, on the principles specified in the GTC, undertakes in particular to:
1. Execute the subject with due diligence, without defects, in accordance with the principles provided for in the offer, sales contract and GTC
2. Deliver goods covered by the sales contract
3. Issue a guarantee document if one is granted
4. Consider properly submitted and complete complaints
5. Repair damage if the complaint is accepted

4 Execution and Implementation of Contracts

Information posted on Tekaem’s website, in catalogs, brochures, leaflets, advertisements and other publications or printed publications by Tekaem – (hereinafter referred to as “Publications”) – does not constitute an offer within the meaning of the provisions of the Civil Code, even if marked with a price, unless something else clearly follows from a given Publication. Publications concerning Goods offered by Tekaem are purely informational, while patterns and samples exhibited by Tekaem are illustrative and exhibition in nature. Detailed technical data provided in Publications may change at any time, including due to the speed of changes occurring in the technical industry. The current version of Publications will be published on the Internet or made available at Tekaem’s registered office, where the purchaser can also obtain confirmation of current data necessary to formulate an offer.
A condition for effective conclusion of a sales contract is the generation by Tekaem of a final offer, and then submission by the purchaser of this offer (also by fax or e-mail) and fulfillment of additional conditions for offer execution (such as: down payment, delivery method, destination, type of unloading). Obtaining by the offer the status of “final offer” means that Tekaem has accepted it for execution, and after fulfilling the additional conditions for offer execution is obliged to deliver goods on its basis, subject to §5
Preliminary offers from Tekaem are invitations to submit offers by the client and unless Tekaem undertakes to execute the contract, they are binding for Tekaem in terms of price for the period indicated on them (offer validity period), but not longer than 14 days from their sending. Submission of a subsequent offer by the purchaser is only permissible before the offer obtains the status of a final offer and causes automatic invalidation of the previous preliminary offer.
Until the offer obtains the status of a final offer and fulfillment of additional conditions, the purchaser has no claim for conclusion of a contract, nor any other compensation claim (Tekaem’s liability is excluded to the widest extent permitted by law).
The Purchaser has the right to resign from contract execution based on the submitted final offer, for this purpose it is necessary to deliver, during working hours, i.e. between 8:00 and 16:00, written resignation to Tekaem, no later than 24 hours from the moment of submission of the final offer, unless it has been executed before (if the resignation deadline falls on a statutory holiday, it is postponed to the same time on the nearest working day).

5 Offers and Prices

Prices of Goods specified in 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 offers generated and sent by Tekaem and is finally determined on the day of submission to Tekaem by the purchaser of the final offer and fulfillment of conditions necessary for delivery execution (unless something else results from the content of the submitted final offer – e.g., if the validity period of the offer in terms of price was indicated). If the final offer submitted by the purchaser contains a price different from that in force on the day of execution of additional conditions for offer execution, Tekaem will provide the purchaser with an offer taking into account the new price, and the contract is concluded if the purchaser does not submit resignation on the terms specified in § 4 section 5 of the GTC.
An offer submitted by the purchaser after obtaining the status of “final offer” may only be canceled by Tekaem at the written request of the purchaser after submitting another final offer agreed with Tekaem. Cancellation of an offer takes place upon confirmation by Tekaem of offer cancellation and results in the contract being terminated by mutual agreement of the parties, and Tekaem and the purchaser have no claims from the offer cancellation.
All written documentation, including drawings, cost estimates, offers, etc., may not be made available to third parties and are intended solely for the purpose of concluding a specific sales contract.
In the event that after submission by the purchaser of a final offer, their financial situation deteriorates significantly or significant circumstances not known to Tekaem on the day of offer submission come to light (also in the case of their disclosure in appropriate publications), and causing the execution of the contract to be significantly threatened, in particular until the purchaser fulfills additional conditions, Tekaem is entitled to withdraw from the contract in whole or in part and seek recovery of costs incurred in this respect.

6 Payment Terms

Tekaem is entitled to demand payment of the price specified on the invoice upon collection by the purchaser of the ordered Goods, and if the Goods have not been collected in accordance with § 8 section 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 another payment deadline, or method of payment, e.g., by indicating on Tekaem’s invoice. The payment deadline in each case is specified in days and counted from the date of invoice issue.
The day of payment is considered the date of posting the amount due to Tekaem’s bank account indicated on the invoice, or to the account indicated by Tekaem.
In case of late payment, Tekaem is entitled to demand payment of interest at their maximum amount specified in Article 359§2¹ of the Civil Code, without additional payment reminders (on an annual basis). Interest for delay is calculated from the day following the day on which the payment deadline expired. In case of delay in payment for goods, Tekaem is entitled to recover, in addition to the principal amount and interest for delay, also court costs, enforcement costs and legal representation. In addition, Tekaem is entitled to recover costs related to debt collection in an amount not exceeding 10% of the sum of collected receivables.
If the purchaser delays payments to Tekaem, it has the right to allocate payment made by the purchaser first to costs specified in § 6 section 3 of the GTC, then interest for delay, and then the oldest due amounts, regardless of whether the purchaser indicated which amount they are settling, also in the case when costs, interest and amounts result from more than one invoice. This provision overrides the debtor’s rights referred to in Article 451 §1 of the Civil Code.
At the same time, Tekaem reserves the right to offset other receivables and obligations in accordance with the provisions of the Civil Code.
The Purchaser has no right to offset amounts against Tekaem.
In the event that the purchaser exceeds the payment deadline for delivered goods, resulting from at least one invoice, Tekaem has the right to make immediately payable all invoices whose payment deadlines have not yet expired, and for which the Goods have been issued.
The Purchaser is obliged to make payment for the Goods within the established deadline, also in the case when they have filed a complaint for the Goods and in the case when there has been a delay in collection of the Goods, for reasons attributable to the Purchaser.
The Purchaser undertakes to immediately notify Tekaem in writing of each change of their registered office or place of residence and address for correspondence delivery. Failure to notify results in deliveries made to addresses indicated in the offer or in other commercial agreements concluded between Tekaem and the purchaser being considered effective after a single unsuccessful notification.
The rules for granting credit limits and deferring payment deadlines are specified in a separate regulation made available on the website www.Tekaem.eu and at Tekaem’s registered office.
Tekaem has the right to transfer its receivables to third parties.
On the basis of Article 106n of the Act of March 11, 2004 on tax on goods and services (Journal of Laws 2004 No. 54 item 535 as amended), the purchaser accepts the use of electronic invoices and their sending to an email address using PDF format. This acceptance applies indefinitely from the date of conclusion of the first sales contract based on the submitted Final Offer. The email address for sending electronic invoices to the purchaser is considered to be the email address from which the purchaser conducts correspondence with the seller, unless another address has been indicated by them in the Final Offer or email message as appropriate for delivery of the electronic invoice. Lack of knowledge of the email address results in sending the electronic invoice 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 in their absence, issuing and sending the invoice in ordinary form. The Purchaser may revoke their acceptance in writing with effect on the last day of the month in which the revocation reached the seller. The efficiency of IT equipment and software tools cooperating with them, used by the purchaser and enabling individual remote communication, is ensured by the purchaser. In particular, the purchaser is responsible for their ability to receive correspondence from the seller, and the electronic invoice will be considered delivered when it is transferred to the server where the purchaser’s mailbox is located or sent to that email address.

7 Retention of Title

Tekaem reserves ownership of the sold Goods, pursuant to the provisions of Article 589 of the Civil Code, which has the effect that the purchaser becomes the owner of the Goods at the time of full payment for these Goods, within the deadlines specified by Tekaem.
If the purchaser does not make payment within the specified deadline, Tekaem has the right to demand from the purchaser the return of Goods for which the purchaser has not paid on time. Tekaem may also demand compensation if the value of the Goods has decreased in relation to the value specified on the sales invoice concerning the Goods as its price, including if it has been used or damaged.
In the case of return of Goods manufactured to the purchaser’s individual order, even if it occurs by agreement of the Parties and concerns undamaged Goods, Tekaem may charge the purchaser a handling fee for the return in the amount of 20% of the value of the Goods being the subject of return.
Upon initiation of bankruptcy or arrangement proceedings against the purchaser, they are obliged to mark the Goods in a manner indicating the existence of retention of title in favor of Tekaem. In the case of seizure of Goods constituting Tekaem’s property during enforcement proceedings directed to the purchaser’s assets, they are obliged to immediately inform Tekaem of this fact and cooperate with Tekaem in exercising its rights against the entity seizing the goods within all available means. The Purchaser, at Tekaem’s request, is obliged to immediately provide all information about where the Goods subject to retention of title are stored. Tekaem is entitled to control the goods at the place where they are located, as well as to collect them if its ownership would be threatened by someone else’s action.
The Purchaser bears the risk of accidental loss or damage to the goods in the period between their issue and the transfer of ownership of the goods to them. Tekaem may require the purchaser to conclude an insurance contract in favor of Tekaem for the Goods against accidental loss or damage for the period indicated above up to the sum corresponding to the full value of the Goods, or transfer to Tekaem all rights resulting from the insurance contract concluded in favor of the purchaser, as well as claims against third parties responsible for destruction or damage to the goods. In such a case, the purchaser is obliged to send Tekaem a copy of the goods insurance policy immediately after receiving it, and is also obliged to notify the insurance company of the disposal of the claim from the insurance contract in favor of Tekaem and send Tekaem immediately a copy of such notification.
Tekaem may authorize the purchaser in writing to further sell, within the operated enterprise, Goods subject to retention of title, provided that the purchaser simultaneously makes an effective assignment to Tekaem of the claim against the subsequent purchaser of the goods for payment of the price. The assignment made constitutes security for Tekaem’s claim for payment of the sale price by the purchaser and does not release them from the obligation to pay the remaining part of the price; in the case of further sale of goods, the purchaser is obliged to immediately inform Tekaem of the person of the subsequent purchaser. In the case of intention to connect the delivered goods with real estate in such a way that they are to become its component parts, the purchaser is obliged to previously establish other security for Tekaem’s claim for payment of the price, in particular guarantee by the owner of the real estate, or assignment of the purchaser’s receivable from the investor.

8 Conditions of Collection, Delivery and Storage

Tekaem specifies in offers only the estimated execution time helping to determine the execution date. Tekaem is bound by the execution date only when it results from the final offer submitted at the time of preparation of the final offer completed in all parameters (including in particular the sizes of delivered materials) and timely fulfillment by the purchaser of additional conditions for offer execution reserved by Tekaem (the execution date is verified on the day of fulfillment of specified conditions) or when Tekaem confirms it unambiguously and unconditionally in writing. The Purchaser is obliged to collect the goods on the date of placing the goods for collection, no later than 7 days from the date of offer execution in accordance with the provisions of the contract or notification of the possibility of collection (the execution date results from accepted production sessions and is determined upon conclusion of the contract, i.e., obtaining by the offer the status of final and fulfillment of additional conditions for offer execution, whereby it also depends on other conditions indicated in these GTC). In case of exceeding this deadline, Tekaem has the right to charge the purchaser with storage costs of uncollected products at a rate of 0.5% of the gross value of goods for each day of goods storage, without the need to sign a separate agreement with the purchaser regarding storage. The Purchaser authorizes Tekaem to issue an invoice for the above service. In case of exceeding this deadline by 30 days, Tekaem has the right to sell the Goods to a third party on terms and at a price at Tekaem’s discretion and credit the received price toward the purchaser’s obligation for the sale of the Goods.
In the absence of confirmation of the execution date of the final offer by Tekaem in writing, it will make every effort to prepare the goods for collection taking into account the purchaser’s interests.
If the impossibility of performance by Tekaem occurred as a result of force majeure, the purchaser has no claims for compensation for damage resulting from non-performance or late performance of the contract. Tekaem has an obligation to immediately inform the purchaser of events that caused the impossibility of delivery execution. Events defined as force majeure include, among others, disruptions in plant operation not caused by Tekaem, material shortages, restrictions caused by orders of authorities, natural disasters, strikes, etc.
In the case of payment delay, failure to settle interest for payment delay, or exceeding credit limits by the purchaser, execution of subsequent deliveries (including final offers submitted to Tekaem and final offers whose execution date was confirmed in writing) is suspended until all overdue amounts are settled.
Products sold by Tekaem must be stored, transported and unloaded in accordance with recommendations contained in technical catalogs, transport instructions and unloading instructions prepared by manufacturers of goods sold by Tekaem.
In the case of failure by the purchaser to comply with transport and storage recommendations, Tekaem reserves the right not to accept any complaint claims.
PIR thermal insulation boards must be stored in dry conditions. Tekaem will not be liable for damage resulting from improper storage of products, in particular for damage resulting from flooding or wetting of products.

9 Shipment

Issue by Tekaem of ordered goods to the purchaser (recipient) takes place on the means of transport and occurs at the moment of placing the goods at the disposal of the purchaser (recipient) at the agreed place (DDU option, INCOTERMS 2000), whereby from the moment of issue of the goods by Tekaem to the purchaser, or a person authorized by them (including the recipient indicated by the purchaser), the benefits and burdens associated with the goods and the risk of its accidental loss or damage pass to the purchaser.
The place of performance by Tekaem, and therefore the place of issue of goods, is the place of unloading of goods in the case of transport organized by Tekaem or loading of goods, in the case of transport organized by the purchaser, unless the sales contract or final offer provides otherwise.
The Purchaser is obliged to unload the truck with goods within 2 hours from the moment of truck arrival at the destination. In the event that the purchaser does not unload within the time indicated above, they bear the costs of vehicle standstill. The standstill fee is charged for each started hour in the amount of PLN 200 (two hundred zlotys) increased by the appropriate VAT tax. The Purchaser has the right to indicate an additional, alternative place for unloading the truck with goods. The costs of unloading the truck at an additional unloading place are borne by the purchaser. In the event that delivery of goods to an additional unloading place causes lengthening of the transport route, or its significant change, then additional transport costs burden the purchaser. For deliveries carried out at the purchaser’s request with a special truck with HDS crane, Tekaem reserves the right to charge the purchaser with the cost of using this truck – crane and according to the tariff in force for these deliveries specified in Tekaem’s price list or according to separate rules in force at Tekaem.
Designation of the plant or warehouse from which the goods will be delivered and the method of their transport belongs to Tekaem. Tekaem will make the greatest efforts to take into account the purchaser’s wishes regarding transport to the widest possible extent. The Purchaser is obliged to carefully examine the completeness of the shipment directly upon collection and determine any shortages or damage to goods occurring during transport. In the event that the transport of Goods is organized by Tekaem, the Purchaser will perform quantitative acceptance of goods upon their issue by signing the statement on the WZ document about receiving goods according to the specification. Such a statement constitutes proof of quantitative acceptance of goods. Any reservations regarding the condition, and in particular the condition of packaging and its security, the Ordering Party is obliged to report upon issue of the Goods in writing on the waybill and on the copy of the WZ document, or possibly prepare a separate acceptance protocol with a full description of the damage, signed by both the driver and the purchaser, under penalty of losing the right to report them and refer to them at a later date. The waybill and WZ document on which no comments were made regarding the quantity and quality of ordered Goods constitute proof of contract execution based on the final offer without reservations from the purchaser.
In case of detection of a quality or quantity defect of the Goods, the purchaser is obliged to secure the goods in an intact state, in particular is obliged to refrain from installing defective goods until the complaint is considered by Tekaem under penalty of losing the right to any claims against Tekaem.
Tekaem is not liable for damage occurring during unloading of goods at the purchaser’s premises.

10 Packaging

Tekaem will make every effort to ensure that goods are properly packaged.
The cost of disposable pallets is included in the product price. The Purchaser may not resell them at the delivery execution point. Trade in reusable pallets is governed by separate agreements between the purchaser and Tekaem.
The Purchaser is obliged, under penalty of losing the ability to complain about products, to remove protective film from goods sold by Tekaem and clean their external and internal surfaces no later than within 7 days from the date of goods collection. The mentioned activity should be carried out at a positive temperature of steel cladding. This obligation rests with the purchaser regardless of the place of goods storage.
PIR thermal insulation boards offered for sale are in packages secured with protective heat-shrink film. One hundred percent protective film properties are preserved for up to 14 days from the date of delivery/collection of products. Tekaem will not be liable for any damage resulting from limitation of protective properties of the film, including in particular for any damage occurring during storage at the Recipient after the period of 14 days from the date of delivery/collection of products. We justify the above decision by the fact that the protective film properties are limited as a result of the aging process, long storage, influence of atmospheric and environmental conditions. Limitation of protective properties of the film may also negatively affect the condition of cladding used for the production of PIR thermal insulation boards, therefore Tekaem will not be liable for any defects that may occur on cladding in the form of, among others, discoloration, wetting, etc. after the period of 30 days from the date of delivery/collection of products. In the case of purchase of PIR boards in quantities smaller than a complete package, factory-packed by its manufacturer, Tekaem is not liable for defects of goods that may appear after their collection by the Recipient.

11 Complaints

The Parties are obliged to cooperate in exercising complaint rights, in particular to provide access to defective items, submit all necessary documents and information for repair execution (building plans, technical documentation) and enable execution of the selected method of satisfying the submitted complaint.
The Seller is liable for goods in accordance with regulations in force in Poland with reservations made in the sales contract or GTC.
The Purchaser is obliged to examine the goods quantitatively and qualitatively upon their issue.
All complaints should be submitted to Tekaem immediately and in writing under penalty of invalidity. The Purchaser, as part of the submitted complaint, provides the following data identifying the purchase of products: purchase date, final offer number, reason for complaint, list of complained goods indicating, among others, their quantity and specifies their claim (claim value, expected method of complaint execution). In the case of choosing a right under the guarantee, the purchaser is obliged to deliver the guarantee document to Tekaem.
A prerequisite for submission by the purchaser of a complaint is compliance by the purchaser with the following rules of conduct:
1. goods should be stored as well as subjected to processing and treatment in accordance with all relevant specialist requirements in force in this regard, especially with the requirements of technical documentation (permits) and generally accepted principles of technology,
2. in the case of a defect, further processing and treatment of goods should be immediately discontinued; goods should be made available to Tekaem for inspection, and at Tekaem’s request, samples of the complained goods should be delivered.
Quantity complaints resulting from incorrect loading of goods or complaints regarding visible physical defects arising as a result of transport (lock bends, mechanical damage to cladding, abrasion and scratching of organic coating) should be submitted by the purchaser in writing immediately after their detection, no later than on the day of unloading or issue of goods. In addition, in the case of these complaints, it is necessary for the purchaser to place a note on the WZ document about damage to purchased goods (statement of shortage or damage). The note on the WZ document must be signed by the driver who made the delivery or the person issuing on behalf of Tekaem.
Complaints regarding visible physical defects (e.g.: dimensional deviations, surface quality, warps, bends) other than those specified in section 6 above, should be submitted by the purchaser in writing immediately after their detection, no later than 7 days from the date of goods issue and only if the goods have not been processed.
Complaints regarding factory defects (quality hidden defects), which could not be determined despite careful examination of the goods, should be submitted to Tekaem in writing, immediately after their determination, but no later than 30 days from the date of goods issue.

Failure to submit a complaint within the deadlines provided for in the sales contract and GTC or failure to deliver required documents results in the purchaser losing any claims against Tekaem.

The Purchaser is obliged to enable Tekaem to inspect the complained goods, including also taking samples and performing technical tests, under penalty of losing any claims against Tekaem.
The costs of hiring an Expert Witness will be borne by the Party indicated by the Expert Witness as responsible for the occurrence of damage.
In the case of recognition of the validity of the purchaser’s complaint, Tekaem reserves the right to choose the method of final settlement of the complaint depending on the size of the damage and costs associated with it (repair, replacement of goods with new, defect-free or payment of compensation indicated by Tekaem, subject to any different rights under the guarantee if such were indicated in the guarantee document). In the case of recognition of the complaint by Tekaem, but refusal of repair, replacement of goods with new, defect-free or payment of compensation, the purchaser may demand a reduction in the purchase price, or withdraw from the contract.
In the event that the method of complaint settlement chosen by Tekaem does not bring results, the purchaser may submit a complaint again.
If the purchaser hinders or prevents settlement of the complaint in the manner chosen by Tekaem, then they lose any claims against Tekaem, and in particular Tekaem is free from all liability for damage arising in connection with complained defects.
Satisfaction of the purchaser’s claims in the manner described above excludes the possibility of demanding further compensation in the future on this account, in particular seeking compensation on general principles.
In the case of recognition by Tekaem of the right to exchange goods for defect-free ones, the purchaser is obliged without additional reminders to return the exchanged goods in advance. In case of failure by the purchaser to make the return within 14 days from delivery of the decision to accept the complaint, Tekaem is entitled to withhold execution of the guarantee right and to recognize that the exchanged goods have been sold as second-grade goods at a price reduced by 20% in relation to Tekaem’s price list.
Tekaem has the right to withhold from the purchaser the execution of their claims under complaints until the purchaser settles all overdue amounts and performs all other obligations to Tekaem.
Tekaem is not liable for indirect, secondary damages, economic losses and lost profits of the purchaser, in particular damage caused by loss of the designed object or adjacent devices, loss of product, loss of interest, remuneration or profit. In any case, Tekaem’s liability is limited to the net price actually paid by the purchaser for the sold goods.
The Purchaser loses all rights to pursue any claims related to the purchase of goods against Tekaem if they did not examine the goods at the time of receiving them or if they examined the goods and did not immediately notify Tekaem of detected defects or irregularities. Loss of rights occurs in particular in a situation when the purchaser noticed defects or irregularities, and despite this installed the goods.
Tekaem is not liable for sandwich panels in dark colors in the scope of physical defects resulting from thermal expansion, so in particular these panels, regardless of length, are not covered by warranty or guarantee.
For all sandwich panels in dark colors, the designer is obliged to take into account the impact of thermal loads in the technical design (also when determining the cutting list) and the method of their fastening, in particular is obliged to determine the appropriate length of elements.
For galvanized products, manufactured from hot-dip galvanized steel, the occurrence on the surface of dark and light gray areas, slight unevenness of the external surface, as well as white rust, if the zinc coating still has the minimum thickness – do not constitute grounds for complaint.
Tekaem is not liable for damage that may occur during transport (scratches, abrasions and other mechanical damage to the organic coating) for products manufactured from steel with coarse-grained mat coating and Rustika and Malaga, if the purchaser did not purchase from Tekaem protective film intended for such products.
Tekaem is not liable for damage to products from coated sheets arising as a result of their contact with wet concrete or wood, plaster and soil.
Tekaem is not liable for a product marked as second-grade goods in terms of all physical defects, so in particular such a product, regardless of its type and quantity, is not covered by warranty, guarantee or other liability for non-performance or improper performance of the contract. The Purchaser purchases second-grade goods at their own risk, in the quality as of the time of issue, at a reduced price, without the right to any claims related to its quality, and from the time of issue of goods waives such claims against Tekaem for the future. In particular, the purchaser has no right to return or reduce the order, compensation or cost reimbursement. Second-grade goods may not meet standard quality standards and there is no guarantee that they meet standards adopted in the user’s country in terms of steel and foam thickness. Second-grade goods may have, for example, certain unevenness, scratches, dents, foam or paint defects (including color inconsistencies), deviations from standards adopted for given sizes and thicknesses, other features of steel and foam thickness, etc. Such deviations from adopted standards do not constitute a product defect.
Tekaem informs that the color change of the polyurethane core in PIR thermal insulation boards does not affect the mechanical and thermal insulation parameters of the product. Color change occurs both in the case of storing products in closed facilities and outdoors. Complaint submissions on this account will not be considered.
Tekaem informs that both small bubbles and wrinkles of coatings used for the production of PIR thermal insulation boards result from the production process, during which polyurethane shrinkage occurs, which is a typical phenomenon. Complaint submissions on this account will not be considered.
Tekaem informs that in the case of milling service for PIR thermal insulation boards, the effective coverage area decreases in the range from 2% to 4%. Complaint submissions on this account will not be considered.
Quality or quantity complaints for PIR thermal insulation boards and accessories should be submitted before their installation. Installed products are considered defect-free and complaint submissions sent to the Producer after product installation will not be considered.

12 Warranty and Guarantee

In relations between entrepreneurs, in accordance with Article 558 of the Civil Code, warranty is excluded, unless the parties decide otherwise or the damage results from willful misconduct or gross negligence of Tekaem. Rights under warranty expire after 6 months from the date of issue of goods.
Only products for which a separate guarantee document has been prepared and issued to the purchaser are covered by the guarantee. The Purchaser has no claim for issuance of a guarantee document.
Tekaem reserves the right to modify technical parameters in relation to data contained in descriptions provided in brochures, drawings and other advertising materials in connection with constant modernization of products, increasing utility values.
Tekaem is bound by technical parameters after their express written agreement with the purchaser constituting assurance regarding the properties of the sold goods.
Tekaem ensures that the delivered goods meet the principles of modern technology, including requirements specified by relevant permits in this regard, as well as contractual agreements made with the purchaser.

Tekaem further ensures that the sold goods will function without disruption if used in accordance with their intended purpose in normal Central European climatic and atmospheric conditions, not exposed to direct action of sea waters and excessive UV radiation, free from the action of intensive chemical compounds, including air pollution. With regard to all values and dimensions of goods contained in relevant permits and the contract, the purchaser should take into account customary or specified by relevant standards limits of permissible deviations (tolerances), unless agreed otherwise in writing. The Parties allow for differences in the color shade of goods, which may occur in the case of delivery of individual batches of goods separately, as well as in the case of delivery of goods differentiated in terms of production date and sheet thickness.

Rights under the guarantee expire after 6 months from the date of issue of goods, unless otherwise stipulated in the guarantee document. The Guarantee is not extended in the case of repair of defects, and for defect-free items issued in place of defective ones, a new guarantee may be prepared and issued, whereby the period of this new guarantee will not be longer than the period of the originally granted guarantee.

13 Personal Data Protection

By accepting these GTC, the purchaser consents to the processing of their personal data by Tekaem and entities acting on its behalf in Poland and abroad, in connection with the execution of sales contracts for goods offered by Tekaem and for marketing purposes related to business activities conducted by Tekaem. The Purchaser has all rights resulting from the Act of August 29, 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.

15 Final Provisions

All deadlines provided for in the GTC and the sales contract are reserved in favor of Tekaem.
In matters not regulated in these GTC, the provisions of the Civil Code apply.
In the case of invalidity of some provisions of the GTC as a result of introduction of different statutory regulations, the remaining provisions do not lose their validity.
Tekaem reserves the right to use information about the investment or design or construction works carried out using Tekaem products or technology. This use applies to marketing activities, including in particular informing about such investment and/or works and recording the investment or works in the form of photographs or in other graphic form and placing them in all advertising materials of Tekaem company.
Tekaem and the purchaser will strive for amicable settlement of all disputes arising in connection with the execution of contracts covered by these terms. In the case of impossibility of amicable settlement, the court competent for the place of Tekaem’s registered office shall have jurisdiction to resolve the dispute.