Katalog ENG - page 325

325
OWS
V. LIABILITY FOR DEFECTS. COMPLAINT PROCEDURE.
1. In each case, the Seller’s liability to the Buyer not being a Consumer shall
be limited to the actual loss.
2. The Seller shall not be liable for any defects in the Products if the Buyer
is aware of such defects at the moment of purchase or release of the
Goods. This reservation does not refer to consumer sale.
3. In the event of finding defects in the Products, the Buyer shall be obliged
to refrain from their installation, to immediately notify the Seller, to secure
the Products against damage and to submit a written complaint.
4. If the Buyer not being a Consumer installs the Products with previously
found defects, the Seller shall not incur any costs connected with
dismantling and installation of the Products again.
5. In the event of finding defects in the Products, the Buyer not being
a Consumer should immediately, but not later than within 7 days, file a
written complaint in the place of purchase or directly in the Seller’s
registered office.
6. Complaint shall be considered only if the Buyer not being a Consumer
submits the following:
a) written complaint,
b) invoice for the purchase of goods or invoice documenting the delivery of
the Seller’s Products as part of construction services,
c) labels or instructions attached to the Products containing date of
production and packing referring to all Goods specified in such complaint.
7. The Seller’s representative shall inspect the defective Products and draw
up a complaint report. In the event of accepting such complaint filed by the
Buyer that is not a Consumer, the terms and conditions of removal of such
defects shall be mutually agreed by the Parties in writing.
8. If the Seller accepts the complaint and replaces the Products, the
defective Products shall become its property after such replacement. If
such replacement or repair of the Products purchased by the Buyer not
being Consumer is impossible or is connected with significant costs and the
defects are minor, the Seller may reduce the price of the Products.
9. The Seller shall not be liable for any defects in the Products or damage to
the Products resulting from:
a) improper installation of the Products and installation that is incompliant
with good building practice,
b) improper selection of the Goods in terms of type and possible loads,
c) improper use, incompliant with intended purpose and properties of
purchased Products,
d) improper storage or transportation of purchased Products,
e) natural disasters or other unpredictable accidents.
VI. GUIDELINES REGARDING EVALUATION OF CONCRETE PRODUCTS
(excluding TERMALICA products)
1. On the surface of concrete Products, there may be irregularities in the
texture homogeneity of the surface layer. Those irregularities are caused
by unavoidable changes in the properties of raw materials, the production
process itself as well as change of hardening conditions. Those irregularities
are not considered as major under the condition that the technical
parameters of the Products comply with the requirements of relevant
standards. The aforementioned circumstances do not constitute grounds for
complaint.
2. In certain cases, there may be differences in the color of the Products.
Those differences may result from various conditions of maturing
(temperature, air humidity) caused by e.g. sequence of filling the chambers
in the maturing room, time of day, changes in weather conditions and
variable water-cement ratio of the mix (in spite of using technically advanced
methods of concrete humidity control), variable amount of cement grout
on the surface of goods, changes in the color of cement as well as grain
size and color of the aggregate used. The age of concrete is a significant
factor affecting the color of the Products. Differences in color may occur
when using goods from different production lots. They result from slight
differences in the characteristics of individual machines, time of production
of given lots and minimal differences in raw materials. The aforementioned
circumstances do not constitute grounds for complaint.
3. On the manufactured Products, there may be powders - patches of
efflorescence. The occurrence of patches of efflorescence is a natural
and random phenomenon and completely independent of the producer.
However, they are temporary and depending on their type and degree as
well as the intensity of product use, they disappear within several years.
The time required for the disappearance of patches of efflorescence is
also affected by weather conditions during use. The aforementioned
circumstances do not constitute grounds for complaint.
4. In special cases, on the surface of Products, there may be crazing. It is
not visible on dry Products and may be found only during drying of the
surface. This phenomenon occurs as a result of shrinkage that takes place
during the process of concrete setting. Extensive tests proved that crazing
does not have any impact on performance and is not a reason to lower the
technical parameters of the Products. The aforementioned circumstances do
not constitute grounds for complaint.
5. On the edges of the Products (this refers especially to unbeveled
products), there may be so called flashes, which occur as a result of gradual
wear of the mould and its stamps. Those flashes disappear during laying and
using of the surface. The occurrence of flashes does not affect the Products’
performance and does not constitute grounds for complaint.
VII. QUALITY GUARANTEE FOR GOODS SOLD
1. BRUK-BET Spółka z o.o. gives guarantee for goods manufactured by it.
2. Detailed conditions of guarantee, type of products covered by guarantee
and the complaint procedure under guarantee are set forth in the following
documents: Terms and Conditions of Quality Guarantee and Terms and
Conditions of Quality Guarantee for Sewage System Elements available at
.
VIII. PACKAGING
1. The Goods are packed on pallets or into Big-Bags.
2. Pallets with “BRUK-BET” logo and EUR-pallets are returnable packaging.
3. Individuals that do not conduct business activity and who purchase goods
on returnable pallets are charged with a fee, which is reimbursed after
returning non-damaged pallets to the Seller’s warehouse within 150 days
from the release thereof. If the time limit for the return of pallets expires,
their value shall be invoiced.
4. In the case of purchases made by other Buyers, returnable pallets are
commercial goods and are invoiced every time.
5. The Seller shall have the right to re-purchase non-damaged pallets from
the Buyer not being a Consumer for the initial price within 150 days from
the release thereof. In this case, pallets must be returned to the Seller’s
warehouse. If the time limit for the return of pallets is exceeded, the Seller
shall have the right to refuse to accept them.
7. Certain types of paving stones have edgings and halves, which are offered
together with basic stones in strictly specified quantity per square meter.
Possible excess of edgings or halves cannot be returned and the shortage
thereof should be supplemented by the Buyer not being a Consumer by
means of cutting of the basic stones.
8. Identification label is attached to each pallet with the Goods.
9. If the Products on pallets are additionally packed in cardboard packaging,
they should be stored in dry areas not exposed to weather conditions.
Pallets with such Products should not be stacked because there is a risk of
damage to the Products.
10. For Products packed in cardboard boxes, the minimum saleable unit is
one box.
11. In individual cardboard boxes, there are formats of Products packed in
strictly specified quantity (this refers to surface or length).
12. If the Seller indicates the use of joints in the installation of Products,
the given quantities of Products take into account those joints.
IX. TERMINATION
1. The Buyer not being a Consumer may withdraw from the agreement if
order lead time exceeds 30 days (except for situations when the Parties
agree otherwise) and it results from reasons attributable to the Seller if the
Buyer at least once requested the Manufacturer in writing to fulfill such
order.
2. The Seller shall have the right to withdraw from the agreement if the
Buyer is in delay with the payment for or collection of the Products and
Goods for more than 14 days.
X. FINAL PROVISIONS
1. The provisions of Polish law shall apply to all disputable issues.
2. Any amendments to these GTCS shall require written form otherwise
being null and void.
3. If any provision contained herein becomes invalid or unenforceable, this
shall not affect the validity and enforceability of the remaining provisions
hereof.
4. The Buyer not being a Consumer shall be liable for the consequences of
giving improper or incomplete data in his/its order that render proper order
fulfillment impossible.
5. Possible disputes arising out of the performance of the agreement shall
be resolved by a competent court of law.
6. The provisions of the Polish Civil Code and of the act of 30 May 2014
on consumer rights (Journal of Laws of 2014, item 827) shall apply to
issues not regulated in the agreement and these GTCS. These GTCS are
not intended to limit any of the consumer rights set forth in the applicable
provisions of law.
INFORMATION CONTAINED IN THIS CATALOG DOES NOT CONSTITUTE
AN OFFER WITHIN THE MEANING OF THE POLISH CIVIL CODE.
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