GENERAL CONDITIONS OF SALE

§1

1. These General Terms and Conditions of Sale (hereinafter referred to as the General Terms and Conditions of Sale) define the rules for concluding contracts for the sale of goods and services whose seller is Bro Investments Sp. z o. o. based in Dębno, ul. Parkowa 8, 74-400 Dębno, registered in the National Court Register under KRS number 0000512670.
2. GTCS constitutes an integral part of all sales contracts concluded by Bro Investments Sp. z o. o., including contracts concluded in the form of a written order, offered to the entity that makes the purchase.
3. GTCs are available to the Buyer before concluding the contract in writing at the registered office of Bro Investments Sp. z o. o. or on the website www.hydro-parts.pl
4. These GTC are contractual regulations binding the parties regarding the sale of goods. The Parties exclude the use of other contract templates (general contract terms, conditions of sale, contract templates, regulations, etc.) used or established by the Buyer.
5. The provisions contained in these General Terms and Conditions may only be changed in writing under pain of invalidity. The conclusion of a separate sales contract excludes the application of these General Terms and Conditions only to the extent regulated differently therein.
6. Different arrangements between the parties agreed and confirmed in writing shall prevail over the provisions of the General Terms and Conditions.
7. Form of sale:

• Sale of goods with delivery by forwarding companies.

DEFINITIONS

§2

The terms used in these General Terms and Conditions of Sale mean:

1. Seller – Bro Investments Sp. z o. o., ul. Parkowa 8, 74-400 Dębno, NIP: 5971731714, REGON: 321532576.
2. Buyer – a legal person, an organizational unit without legal personality and a natural person running a business.
3. Payment date – the day on which the payment for the goods or services becomes due.
4. Goods – movable items, services, goods to be sold under a sales contract between the Seller and the Buyer.
5. Order – an offer to purchase products placed by the Buyer in writing, delivered in person, by post, by courier or e-mail, containing at least: name of the ordered product, quantity, Buyer’s details necessary to issue a VAT invoice, as well as company details and contact details. contact details, method, date and place of collection of the ordered products.
6. Confirmation – the Seller’s written declaration of acceptance of the order, submitted to the Buyer after its receipt, specifying at least the price of the goods, the total value of the ordered goods, delivery date, place and conditions of delivery/collection and payment terms.

OFFERS AND ORDERS

§3

1. The information included on the Seller’s website, catalogues, brochures, leaflets, advertisements and other publications does not constitute an offer within the meaning of the provisions of the Civil Code, even if it includes a price. Publications regarding the products offered by the Seller are for information purposes only, while patterns and samples issued by the Seller are for illustrative and exhibition purposes. Detailed technical data provided in the publications may change at any time, including due to constant changes in the technical industry.
2. The Buyer’s order should contain the following data:

• Buyer’s name – including the exact address,
• Tax Identification Number,
• Indication of the offer number, if applicable,
• Identification of the indicated product by the trade name or alphanumeric symbol from the offer,
• Quantity of ordered goods,
• Date, place and conditions of delivery/receipt of goods.

1. The condition for the effective conclusion of a sales contract is the placing of an order by the Buyer and the written confirmation of the order by the Seller (in the form of e-mail, by letter to the company’s registered office address, via e-mail). Written order confirmation means that the Seller has received the order and accepted it for execution. Placing an order by the Buyer does not bind the Seller, and the lack of his response does not mean tacit acceptance of the order.
2. If the order concerns a previously presented offer, it is necessary to include the offer number on the order. If the offer number is not mentioned, the Seller is not responsible for any price discrepancies on the VAT invoice, lack of availability of the goods, as well as discrepancies in the specific parameters of the goods specified in the original order.
3. Cancellation of the order by the Buyer is allowed only in exceptional situations after prior written agreement on the terms of order cancellation with the Seller. The Seller reserves the right to charge the Buyer with the actual costs incurred up to the moment of cancellation – no more than the value of the order.
4. Any technical advice provided by the supplier is for information purposes only and does not result in any civil liability on the part of the Seller.
5. If the Seller’s inability to perform the service is due to force majeure, the Buyer is not entitled to any claim for compensation for damage resulting from non-performance or untimely performance of the contract.

DELIVERY DATES AND CONDITIONS

§4

1. The Seller is obliged to deliver the goods meeting the conditions specified in the order confirmation, i.e. date and place of delivery, quantity, type of goods, price.
2. If the payment terms specify the form “prepayment”, the delivery deadline may be extended by the period of delay in making the payment. The date of payment is the day the Supplier’s bank account is credited.
3. The Seller is not liable for any losses, damages or costs (direct or indirect) resulting from the Buyer’s claims for delivery errors or delays caused by the actions of the forwarding company.
4. All benefits and burdens related to the goods and the risk of their accidental loss or damage are transferred to the Buyer upon release of the goods from the warehouse.
5. If the delay in receipt of the goods exceeds 2 weeks or if the Buyer refuses to accept the goods, the rules set out in §3 section 5 apply.
6. The buyer is obliged to immediately check the compliance of the delivered goods with the order after receiving the goods. He is obliged to check in particular: the condition of the shipment, as well as the quality, quantity and assortment of the delivered goods, and also immediately (i.e. no later than 2 business days) report any reservations in this respect to the carrier and the Seller by preparing a discrepancy report. The Seller reserves the right to inspect the reported damage at the place of delivery.
7. The Seller reserves the ownership right to the sold goods, which means that the Seller is the owner of the goods until full payment for the received goods and other liabilities arising from the sales contract, regardless of the place of storage or installation in other items. </li >
8. When bankruptcy or arrangement proceedings are initiated against the Buyer, he is obliged to mark the goods in a way indicating the existence of a reservation of ownership in favor of the Seller. In the event of seizure of goods owned by the Seller in the course of enforcement proceedings directed against the Buyer’s assets, the Buyer is obliged to immediately inform the Seller of this fact and cooperate in the exercise of his rights against the entity seizing the goods using all available means. At the Seller’s request, the Buyer is obliged to immediately provide all information about where the goods subject to retention of title are stored.

PAYMENTS AND PRICES

§5

1. The date and form of payment are agreed individually for each Buyer.
2.  In the event of different arrangements between the parties, the price of the goods is the price resulting from the order confirmation.
3. The buyer is obliged to pay the amount due for the sale of goods within the deadline specified in the invoice.
4. The day of payment is considered to be the day the payment is credited to the Seller’s bank account specified on the invoice, or the day of payment in cash.
5. If the Buyer fails to settle the payment within the prescribed period, the Seller is entitled to charge statutory interest for each day of delay, as well as to demand prepayment for goods from subsequent orders already accepted for execution.
6. Failure to settle the amount due within the time specified in the invoice will authorize the Seller to interrupt the supply of goods and suspend the execution of already accepted orders. The Seller may make the execution of a new order placed by a Buyer who is in arrears with payments or pays invoices late on the payment of an advance payment towards the Buyer’s new order.
7. Unless the parties agree otherwise, payment for the ordered goods is made without any deductions or offsets against counterclaims.
8. Filing a complaint does not release the Buyer from the obligation to pay for the goods within the agreed deadline.

WARRANTY

§6

1. The Seller provides a warranty for its products. The warranty period is 12 months from the date of sale, provided that the goods are used and stored properly and in a manner consistent with their intended use and technical properties.
2. Loss of warranty claims and warranty claims for defects are caused by the following actions: improper installation, inappropriate operation, exceeding the technical parameters given in the relevant catalog cards or offers.
3. The Seller is not responsible for the natural wear and tear of the goods resulting from their proper use.

POWER MAJER

§7

1. If circumstances are beyond the control of the Seller and the Buyer, in particular disruptions in the production or transportation of goods caused by strikes, factory and equipment failures, accidents, local or national threats, trade disputes, floods, fires, earthquakes, etc., delivery may be appropriately delayed or stopped, upon written notice, until normal conditions are restored.

FINAL PROVISIONS

§8

1. By accepting these General Terms and Conditions, the Buyer consents to the processing of his personal data by the Seller and entities acting on his behalf in Poland and abroad, in connection with the implementation of contracts for the sale of goods offered by the Seller.
2. The Buyer may not, without the Seller’s consent, transfer knowledge and information obtained as a result of business contacts with the Seller to third parties in matters covered by trade secrets.
3. The law applicable to the General Terms and Conditions is Polish law.
4. In matters not regulated in these General Terms and Conditions, the provisions of the Civil Code shall apply.
5. The declaration of invalidity of individual provisions does not affect the validity of the remaining provisions of the General Terms and Conditions.

The parties will strive to amicably settle any disputes arising in connection with the performance of contracts covered by these terms and conditions. If the matter cannot be resolved amicably, the court competent for the Seller’s registered office will be competent to resolve the dispute