I. General provisions

  1. The General Terms and Conditions of Sale of Goods and Services, hereinafter referred to as GTS, define the rules of trade cooperation between KONEK PSN Sp. z o.o. with its seat at Józefa Milcherta 1, 85-862 Bydgoszcz (hereinafter referred to as KONEK PSN) and the Buyer.
  2. The Buyer acknowledges that the following GTCS form an integral part of the purchase contract and any order confirmation, unless the individually agreed terms and conditions state otherwise.
  3. The General Terms and Conditions of Sale are communicated to and accepted by the buyer as an attachment to the trade or, at the latest, when the buyer places an order, and are also available on the website at www.konek.com.pl in the "download" section. If the buyer is in a permanent business relationship with KONEK PSN, the acceptance of the General Terms and Conditions of Sale with one order shall be deemed to be their acceptance for all other orders and sales agreements.
  4. Any agreements between the parties deviating from the principles set out in the GTS shall require written confirmation by KONEK PSN.

II. Offer, order, order confirmation

  1. KONEK PSN's written offer, subject to pt. II.7 GTS, constitutes the basis for the Buyer to place an order. The order shall be transmitted in written, electronic or telephone form. Confirmation of the order by KONEK PSN signifies the conclusion of the sales agreement between the Parties, under the terms and conditions specified in the Order Confirmation and resulting from the provisions of the GTS.
  2. The order should include the index, product name, quantity ordered and company identification data. The order should bear the company stamp and the legible signature of the authorised persons.
  3. If an order is placed by telephone, order documents from KONEK PSN's system will be issued and must be confirmed, which is a condition for order processing.
  4. Before the first deferred payment transaction, the company's registration documents must be sent: entry in the register or extract from the court register (not older than three months), certificate of the REGON identification number, decision on the granting of the NIP.
  5. The diagrams, drawings and all documentation included in the offer are for the exclusive use of the Buyer and may not be reproduced or made available to third parties without the expressed consent of KONEK PSN.
  6. The buyer may not withdraw from the contract or otherwise evade its performance in the event of an erroneous order.
  7. In the case of special orders - i.e. non-standard elements, parts or details; made for a given customer on special order (according to diagrams, drawings or any other documentation enclosed with the offer), KONEK PSN reserves the possibility of manufacturing a production surplus of max. +10%.

III. Prices and payment terms

  1. The purchased goods can be paid for:
    1.1. cash / cash on delivery
    1.2 by bank transfer, according to the conditions agreed with KONEK PSN.
  2. Payment for the Products purchased by the Buyer shall be made in accordance with the commercial terms and conditions applicable to the Parties on the date of the invoice or the applicable quotation.
  3. The prices specified in the trade price lists or offers are net prices, to which VAT at the currently applicable statutory rate shall be added.
  4. Prices in PLN will be determined on the basis of the selling rate of the currency (EUR, USD, CHF or other) at BRE Bank on the day of invoicing.
  5. The date of payment is the date on which the amount due is credited to the account or cash desk of KONEK PSN.
  6. In the event that payment terms are not met, KONEK PSN has the right to withhold orders placed by the defaulting party.
  7. If payment terms are not met, statutory interest will be charged as well as any costs associated with the collection of the debt.

IV. Delivery terms, transport

  1. Unless otherwise agreed by the Buyer, the transport of shipments sent by KONEK PSN, will be carried out via the UPS forwarding company for parcels or Rohlig Suus Logistics for pallets.
  2. The delivery address for the shipment shall be the Buyer's registered office, unless a different delivery address is specified on the order.
  3. For orders over PLN 1000 net, for shipments sent from the warehouse in Bydgoszcz, the costs will be covered by the KONEK PSN company (except for non-standard sizes).
  4. For orders of less than PLN 1,000 net, for shipments sent from the warehouse in Bydgoszcz, the costs will be covered by the buyer.
  5. For shipments delivered directly to the buyer from the warehouses of our foreign partners, the costs will be calculated individually.

V. Returns

  1. Return of goods is only possible after prior acceptance by KONEK PSN. Otherwise, shipments will not be accepted.
  2. Goods may be returned unused and in their original packaging.
  3. In the event that commercial goods are returned, the Buyer shall pay a handling fee of:
    3.1. 20 % commodity prices for standard items (permanently held in stock by KONEK PSN)
    3.2 50 % commodity prices for non-standard items
  4. Non-standard products, made to the Buyer's special order, are not returnable.
  5. Only returns submitted within three months of purchase will be considered.
  6. Transport costs for returned goods shall be borne by the Buyer.

VI. Guarantee

  1. The Buyer is obliged to carry out a quantity and quality control, delivered by KONEK PSN, of the products within 7 days from the date of their receipt. The aforementioned control shall be understood as the ascertainment of the compliance of the quantity and type of the received products with the shipping specification or invoice, as well as the assessment of the technical condition of the products in terms of technical defects, which are detectable to the 'naked' eye without any start-up tests. Failure to comply with this deadline shall result in the loss of the right to initiate the complaint procedure described in Chapter VII, to the extent it concerns the aforementioned quantity and quality inspection.
  2. KONEK PSN guarantees the sound quality and maintenance of the technical parameters of the products it supplies for a period of 12 months from the date of sale.
  3. KONEK PSN's liability under the warranty concerns the obligation to repair or replace, the choice in this regard being KONEK PSN's. All other warranty claims are excluded.
  4. Ownership of the defective parts mentioned shall vest in KONEK PSN.
  5. The guarantee covers defects caused by faulty design and/or the use of inappropriate materials and/or poor workmanship.
  6. KONEK PSN's liability under the guarantee is excluded if the repair or replacement has been carried out by unauthorised third parties. The warranty does not cover any modifications made on the Buyer's own initiative or by third parties.
  7. Injection moulds and blanking dies are guaranteed for a period of 1 year or up to 200,000 cycles, unless otherwise stated in the contract signed between the parties; however, the guarantee expires when one of these conditions is fulfilled. Please note that any interference with the tool such as repairs and modifications carried out on the Buyer's own initiative or by third parties will result in the loss of the guarantee.
  8. The guarantee does not cover defects caused by:
    7.1. improper application and/or use, handling, storage.
    7.2. incorrect installation by the purchaser or third parties.
    7.3. the action of external factors, such as chemical or electrical, over which KONEK PSN has no influence.
  9. KONEK PSN's liability does not extend to consumable parts that normally wear out in the course of operation in accordance with the product's intended use.
  10. Liability under warranty is excluded.

VII. Complaint procedure

  1. The basis for the commencement of the complaint procedure is a written notification of complaint, including the product index, description of the defect and provision of the invoice number. The buyer is also obliged to provide all necessary information on the nature of the work of the advertised product.
  2. The complained product should be sent to KONEK PSN for inspection and repair or delivery of a new one.
  3. The filing of a complaint does not entitle the Buyer to withhold payment for the delivered products. KONEK PSN shall have the right to withhold from the Buyer the fulfilment of its claims under the complaint until the Buyer has settled all outstanding obligations.
  4. KONEK PSN, provided it accepts the complaint, shall bear the shipping costs of the products to be repaired or replaced.
  5. The KONEK PSN company undertakes to process the complaint as soon as possible. If specialised expertise, testing or repair is required, the KONEK PSN company reserves the right to send the goods to the manufacturer, which may prolong the complaint processing period.
  6. The Buyer is informed of the outcome of the complaint via the Complaint Report by e-mail or letter.
  7. The purchaser shall not be entitled to have defects remedied at the expense of KONEK PSN himself or by third parties.
  8. To the extent not covered by the above conditions, the provisions of the Civil Code shall apply.

VIII. Final provisions

  1. Subject to mandatory legal provisions, these GTCS may be amended by KONEK PSN with two weeks' notice.
  2. The parties shall not be liable for partial or total failure to perform their obligations under the contract if this is due to force majeure.
  3. Any changes to the general terms and conditions of sale proposed by the customer when placing an order require the written consent of KONEK PSN.
  4. Any disputes that may arise in connection with the implementation or interpretation of these GTCS shall be attempted to be resolved by the parties by means of friendly negotiations. Any disputes that cannot be resolved amicably shall be submitted by the parties to the materially competent courts for the seat of KONEK PSN.

KONEK PSN Sp. z o.o.
Last amendment: 01.04.2022