Terms and conditions of cooperation
General terms and conditions of cooperation, purchase, delivery and payment of Horticulture Peter Jendrysik "JENFLOR".
- Orders must be placed in writing - letter, fax, e-mail, and must be signed by a person authorized to represent the Purchaser. Order made by telephone must be confirmed in writing within 3 days (by letter, fax or e-mail). Supplier has the right to refuse to take order on the phone. Order is delivered to the address of Purchaser specified in the order. Please also indicate when the delivery and mailing addresses are different. The Purchaser declares that given information is correct.
- Awarding Entity gives permission indefinitely to the processing of their personal data to carry out the contract and for the company's marketing Jenflor accordance with the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws No. 133, item. 883 with later amended).
- Within 14 days Supplier confirms the acceptance of the order in writing and gives the week of delivery. The exact day of delivery will be agreed by both parties in at least 7 days before the confirmed week of delivery. Receipt of goods documented by release document (GM) is treated as a confirmation of the contract.
- After the order is accepted by Suppplier, Awarding Entity is obliged to make an advance payment of 20% of the value of the contract or another amount explicitly specified by Supplier (via bank transfer or snail mail). In case the advance payment is not made or there is a justified suspicion, that Purchaser will not pay off all of his obligations, Supplier reserves the right to cancel the order.
- Cancellation of a submitted and confirmed order is only possible through the common, bilateral agreement, subject to point. 4.
- Supplier is allowed to use the advance or prepare a special bill to cover its losses:
- 50% of the advance payment if the cancellation takes place no later than 8 weeks before the shipping date,
- 100% of the advemce payment if the cancelation takes place no later than 4 weeksbefore the shipping date.
- Unless explicitly otherwise stated by Purchaser, Supplier can deliver similar variety to the one ordered with the same price.
- Short-term orders that are made up to four weeks before the delivery date can be changed without written notice provided the requirements of both quantity and quality are met.
- Order believed to be correct realized if the plants leave the factory Suppliers 7 days before or 14 days after a confirmed period of realization.
- Supplier reserves the right to deliver the order in parts.
- Any ammendments to already accepted orders, which are already in preparation phase are only allowed in 4 weeks at the latest before the shipping date and must be explicitly agreed by Supplier. Any later ammendments to the order may not be accepted by Supplier and the Purchaser be obliged to pay for all items in the accepted order.
II Conclusion of the agreement
- The agreement is legally binding once it is signed by Supplier.
- The Purchaser is bound by the agreement until it is confirmed by the supplier or 14 days has elapsed.
III Deadline Delivery
- When confirming supplier gives approximate delivery date. The delivery deadline is decided by both parties in 7 days before the first given date.
- In special cases the delivery date can be rightfully ammended up to 7 days earlier date or up to 14 days later date. These cases are: force majeure, bad crops and disruption in the development of plants, disruption of traffic, strikes and lock-outs and interference which can not be predicted by the supplier. In such cases a new delivery date is chosen and agreed.
IV The right of withdrawal
- The Purchaser is entitled to cancel the contract due to breach of the delivery date specified in point. III after giving in writing a new deadline for the supplier. The new deadline should be 4 weeks ahead at least.
- The supplier is entitled to withdraw from the contract if the purchaser has delayed to collect the order within a time limit agreed by both parties or has not covered all the costs of the order.
- The supplier is entitled to withdraw from the contract if the order with requested by the customer qualities and species of plants - is actually not possible to be completed.
V Reservation changes
If delivery of the requested quantities or species is actually not possible within the agreed time despite the efforts of the supplier, the supplier can deliver whole or part of of the order as replacements or a smaller amount, or make partial deliveries.
VI Limitation of liability
- If the purchaser does not collect the goods in whole or in part, or does it in wrong time, or if he requests for a different shipping date, then he shall be liable for any extra costs arising from this change. He also accepts full responsibility for any loss or accidental damages of the goods, which arised as a result of the change.
- Any information relating to plant cultivation, including those provided by the Supplier's employees will be given to the best of our knowledge, however, are not binding and do not constitute a warranty.
VII Warranty claims
- Warranty claims must be made by phone and in writing without delay to the address of the supplier enclosing the specifications of concerned goods within 24 hours of delivery.
- Complaints will be dealt with promptly within 7 days from the date of notification. About the outcome of the claim consideration the Purchaser will be notified by telephone, email or in writing.
- Purchaser can only be entitled to a reduction of the purchase price or replacement.
- All other claims are not accepted, especially any further-reaching claims for replacement and for compensation of any kind - also such damages, arising not on the goods.
VIII Carrying of a risk and transport damage
- The Purchaser is charged with the costs of delivery, regardless of whether delivery is actually arrange by the supplier or the Purchaser.
- Any delay or refusal of receipt of the delivery by the Purchaser within the deadline means that for the duration of the delay, the purchaser is liable for any damages of the goods starting from the agreed delivery date.
- Purchaser may cover the delivery with an insurance, about which he should inform the supplier in 3 days before the delivery. Supplier is not obliged to buy any insurance for the delivery.
- If the supplier insured transportation of goods, the Purchaser can claim the insurance for improper delivery. In this case, transport damage must be confirmed by a transport company (railway, airline, etc.) and immediately communicated in writing to the supplier.
- All agreed upon or resulting from the price list prices are net prices in Polish zlotys. Price does not include VAT. Unless otherwise specified agreed order prices apply. Prices do not include transportation and packaging costs. Additional costs will be added to the bill, unless otherwise agreed. Supplier does not accept the return of packaging. Capped container, carts are exchanged 1:1, unless otherwise agreed.
- In the event of changes in production costs supplier reserves the right to increase or decrease the price, if the period between the conclusion of the contract and the delivery date is greater than four months.
- In the case of settlements in foreign currency in the event of changes in exchange rates on the date of delivery supplier reserves the right to verify the prices based on the current exchange rate as indicated by the NBP on the day preceding delivery.
X Terms of payment
- Payments are made in cash upon receipt or via bank transfer within the time specified in the order confirmation. If not otherwise agreed the deadline for the payment is 7 days.
- In case of delayed payments, supplier will accrue interest rates up to the maximum amount allowed by applicable law.
- Supplier does not agree to make a deduction or withhold payment due to any counterclaims.
- In the event of any prolongation any arising costs and interests are charged to the customer.
XI Reservation of ownership
Until full payment of all claims arising from commercial relations goods remain the property of the supplier. Purchaser is entitled to the resale of the delivered goods, taking into account the legitimate interests of the supplier. The Purchaser waives provider any and all claims resulting from the sale with extended reservation of title to their customers in the amount of claims.
XII Territorial ownership of court
- The place of performance for all deliveries and payments, including shipments feedback is the seat of the supplier.
- In matters unregulated by these Regulations regulations apply the Civil Code.
- All disputes will be dealt with amicably. In the absence of an amicable settlement of the matter - the competent court will be competent for the supplier seat.
XIII Binding force of the agreement
- The agreement also in the case of legal ineffectiveness of individual points remain valid in other points.
- Terms the Orderer, contrary to these terms and conditions shall not be binding on the supplier even if they are reported at contract and supplier expressly objected ago.
- Additional changes and arrangements for the receipt of the order, its realization and the conditions, manner and time of delivery or payments are ineffective without written confirmation.
- Supplier shall not be liable for any deviations from the colors between plants and photographs in supplier brochures and manufacturer of the starting material.