General Delivery and Payment Terms

We invite you to familiarize yourself with our General Delivery and Payment Terms, which provide clear guidelines for cooperation with TERMIK Sp. z o.o. The document includes detailed information regarding delivery timelines, payment methods, and delivery conditions, making it easier to plan and streamline the ordering process. With our transparent terms, you can be sure that the collaboration will proceed smoothly and professionally. Get to know the principles that emphasize transparency and trust!

I. General Provisions

  1. The delivery terms specified in the offer of TERMIK Sp. z o.o. or in the confirmation of the order acceptance by TERMIK Sp. z o.o. or the agreement take precedence over these General Delivery Terms.
  2. The following terms are considered accepted upon acceptance of the offer, receipt of the order acceptance confirmation, or upon conclusion of the agreement (the general delivery and payment terms are annexed to the offer, the order acceptance confirmation, and the agreement).

II. Prices

  1. The prices quoted are net EXW (loaded at TERMIK Sp. z o.o. warehouse in Mrągowo) according to Incoterms 2000, valid for the duration of the agreement. VAT should be added to the prices according to the applicable rate on the invoice date.
  2. TERMIK Sp. z o.o. reserves the right to change the prices during the execution of the order in the case of: a significant change in order quantity, significant changes in material prices, substantial fluctuations in exchange rates, or force majeure events.
  3. Force majeure shall include, but not be limited to, actions of public enemies, actions of any country’s government or its political authorities, activities of persons involved in subversive and sabotage activities, fires, floods, explosions or other catastrophes, epidemics or quarantine-related isolation, strikes, or other work stoppages beyond the control of TERMIK Sp. z o.o.

III. Orders

  1. The Buyer is required to submit the order for the delivery of goods or services to the Supplier by fax, email, or mail. Orders cannot be placed by phone.
  2. A written confirmation of the order acceptance by TERMIK Sp. z o.o., delivered by fax or email to the Buyer, is equivalent to the conclusion of the delivery agreement between the parties.
  3. The order must unconditionally include:
    • the Buyer’s details
    • the name of the goods or service
    • additional specifications or parameters of the goods or service
    • quantity, desired delivery date
    • agreed payment method
    • delivery conditions and location
    • legible signature of the person placing the order
    • telephone and fax number of the person handling the purchase
  4. Orders signed by a person not authorized to place orders will not be accepted for execution until the described defect is corrected.

IV. Changes to the Order

  1. Changes to the order can only be made with the consent of TERMIK Sp. z o.o.
  2. If the Buyer withdraws from the execution of the order for reasons attributable to them, the Buyer is obligated to pay TERMIK Sp. z o.o. a contractual penalty in the amount of 25% of the net value of the placed order. TERMIK Sp. z o.o. reserves the right to claim compensation from the Buyer exceeding the amount of the contractual penalty. These costs are determined by TERMIK Sp. z o.o.
  3. Changes to the order or cancellation of the order must be made in writing under pain of invalidity.

V. Order Fulfillment

  1. TERMIK Sp. z o.o. is not responsible for any changes to the delivery date caused by circumstances beyond its control in Mrągowo.
  2. TERMIK Sp. z o.o. reserves the right to not fulfill the order in the event of force majeure.
  3. If the order cannot be fulfilled, TERMIK Sp. z o.o. will immediately notify the Buyer of this fact.

VI. Shipping

  1. The ordered goods are shipped at the Buyer’s expense. Unless otherwise agreed, shipping is carried out by the carrier customarily used by TERMIK Sp. z o.o.
  2. In the case of returnable packaging, the Buyer is charged for its cost regardless of the price of the goods. The refund will be made once TERMIK Sp. z o.o. receives the packaging in undamaged and unused condition. The cost of returning the packaging is borne by the Buyer.

VII. Payment

  1. The payment term is determined individually with each Buyer.
  2. Payment should be made to the bank account specified on the invoice of TERMIK Sp. z o.o. The payment date is considered the date when the funds are received in the TERMIK Sp. z o.o. account.
  3. In case of delayed payment, TERMIK Sp. z o.o. may charge interest at the statutory rate for each day of delay.
  4. If the goods are delivered after the date the Buyer receives the invoice, the payment term will be calculated from the date the Buyer receives the goods, as indicated on the waybill.
  5. Until all payment obligations are settled, the goods remain the property of TERMIK Sp. z o.o.

VIII. Warranty

  1. TERMIK Sp. z o.o. provides a 12-month warranty on its products. The warranty period starts from the date the goods are received by the Buyer and covers only material and manufacturing defects.
  2. The amount of claims under the warranty cannot exceed three times the net value of the goods.
  3. The Buyer is responsible for the costs of delivering the goods being claimed to TERMIK Sp. z o.o.
  4. The Buyer is obliged to report any noticed defects to TERMIK Sp. z o.o. within 7 days from the date of noticing them, otherwise, the warranty rights will be forfeited.
  5. Claims are processed within 21 days. The claimed goods must be delivered to TERMIK Sp. z o.o. along with the purchase document, a written complaint, and information about the circumstances in which the defect occurred.
  6. Goods considered defective will be repaired or replaced with defect-free items.
  7. For goods made according to the individual requirements of the Buyer, the complaint period may be extended to 4 weeks.
  8. TERMIK Sp. z o.o. excludes liability under the warranty.
  9. Upon receipt of the goods, the Buyer is required to inspect the quantity and quality of the delivered goods, otherwise, the warranty rights will be forfeited.

IX. Final Provisions

  1. In matters not regulated by these terms and conditions, the provisions of the Civil Code shall apply.
  2. Any disputes that may arise between the parties will be settled by the court with jurisdiction over TERMIK Sp. z o.o.
  3. Before bringing the matter to court, the parties will attempt to resolve the dispute amicably.
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