General Terms and Conditions of Cooperation at Elektron sp. z o.o.
The purpose of these General Terms and Conditions of Cooperation (hereinafter referred to as the “GTCs”) is to define the principles based on which the services offered by Elektron sp. z o. o., Sulistrowa 33, 38-460 Sulistrowa, KRS: 0001022315, NIP (Taxpayer Identification Number): 6842640074, REGON (National Business Registry Number): 360939126 (hereinafter referred to as the “Supplier”) will be provided for the ordering parties in connection with their business activities (hereinafter referred to as the “Customers”). The Supplier and the Customer are hereinafter collectively referred to as the “Parties”. The GTCs do not apply to contracts concluded with consumers or to contracts concluded with natural persons referred to in Article 556(4) of the Civil Code (hereinafter referred to as the “Civil Code”).
The GTCs form an integral part and are binding on all Customers, with the exception of the persons indicated in the preceding sentence. Detailed regulations of the subject of the order are defined in the offer prepared by the Supplier. If the Parties conclude a contract in writing or in a document form, the provisions of the GTCs shall apply only supplementarily, to the extent not regulated in such contract. In the event of any discrepancy between the provisions of the contract and the GTCs, the provisions of the contract shall prevail.
1. Offer
a. The offer submitted by the Supplier shall be valid for the period specified therein. After the deadline, the offer shall expire. If, however, the Supplier does not specify in a given offer the deadline for the Customer to submit a reply, the offer shall cease to be binding upon the expiry of the time within which the Supplier could, in the ordinary course of business, have received the reply sent by the Customer without unjustified delay (Article 66 § 2 of the Civil Code).
b. Any changes made by the Customer in the previously agreed specification may be considered as a basis for modification of the price offered by the Supplier. In such a situation, the Supplier reserves the right to change the offer.
c. If the Customer places an order for the first time, it is obliged to provide the Supplier with the following data: Taxpayer Identification Number (NIP) and National Business Registry Number (REGON), and in the case of commercial companies also the National Court Register Number (KRS). The Supplier will verify the Customer’s data on the basis of publicly available registers: Central Register and Information on Economic Activity (CEiDG) or National Court Register (KRS).
d. All technical information concerning the goods resulting from catalogues, brochures and other advertising materials presented by the Supplier is indicative data and does not constitute an offer within the meaning of Art. 66 § 1 of the Civil Code. Technical parameters indicated directly in the offer constitute an integral part of the offer.
e. The Customer is obliged to know the technical parameters of the ordered goods. The Supplier is obliged to deliver the goods in accordance with the order and is not responsible for their further use.
f. In the case of individual packaging requirements, the Customer shall send the packaging instructions in the content of the request for quotation so that the packaging method can be included in the offer. In the event that packaging instructions are provided after the order has been placed, the Supplier reserves the right to modify the offer.
g. The prices of goods and services offered by the Supplier shall be increased by the applicable VAT. The basis for payment of the price is an invoice issued to the Customer by the Supplier. The invoice may be sent by e-mail to the e-mail address indicated by the Customer.
h. Any discounts, rebates, allowances, etc. granted by the Supplier require individual written arrangements.
2. Order, order fulfilment contract
a. The contract shall be concluded on the basis of an order placed by the Customer in writing, in a document form or sent by e-mail. The order placed by the Customer shall be deemed to be a declaration of intent to accept the Supplier’s offer. The contract is concluded when the Supplier receives the order from the Customer. The place of conclusion of the contract shall be the Supplier’s registered office. The Customer accepts the GTCs without any additional declaration and, in particular, agrees to treat them as an integral part of the contract.
b. Under the GTCs and on the terms set out therein, the Supplier undertakes to sell or deliver to the Customer the services or goods in the order agreed by the Parties, on the date and at the price indicated therein, and the Customer undertakes to collect the ordered goods and pay the due price as specified in the invoice.
c. Acceptance of an order for execution requires confirmation by the Customer of all required technical details.
d. Any change or termination of the contract requires the written consent of the Supplier each time. The Customer is entitled to withdraw from the contract only in cases provided for in the relevant provisions of the Civil Code. In the event of termination of the contract, the Customer shall be obliged to cover all costs incurred by the Supplier related to the execution of a given order.
e. In the event of any delay on the part of the Customer in payment for goods or services, the Supplier shall be entitled both to suspend the execution of a given order in whole or in part, as well as to refuse to execute subsequent orders. The Supplier reserves the right to charge the Customer statutory interest for late payment, in accordance with the applicable provisions of the Civil Code.
3. Contract delivery dates
a. The contract delivery date will be each time determined in the offer submitted by the Supplier and accepted by the Customer.
b. The Customer is obliged to provide the Supplier with the necessary documentation, information as well as to clarify all details of the order, in particular technical issues, make drawings available, provide a sample if necessary, etc. The lead time may be extended by the time required for the verification and modification of the design documentation; in such a situation, the extension of the deadline will not be considered a delay on the part of the Supplier.
c. The Customer is obliged to collect the goods on the agreed date.
d. The lead time is calculated from the date the order is placed together with full technical documentation, and in the case of prepayment or overdue payments, also from the date the money is credited to the account.
e. Any amendment to the contract may result in an extension of the lead time.
4. Technical aspects, Quality requirements, Guarantee
( I ) Technical documentation / Materials
a. Unless otherwise agreed, the technical documentation of the order shall be deemed to be the agreed drawings, samples, descriptions and other documents, whereby for raw materials the DIN standards, markings and tolerances shall be authoritative.
b. When manufacturing goods or rendering services to the Customer in accordance with the Customer’s documentation, the Supplier shall not be liable for any design faults or technological errors resulting from the documentation provided or the instructions to manufacture goods or provide services.
c. Deviations in the format and thickness of steel materials are permissible according to the accepted standards:
PN-EN 10365 – for hot-rolled I-beams and C-beams
PN-EN 10056 – for hot-rolled equal-sided and unequal angle bars
PN-EN 10219 – for circular, square and rectangular structural steel hollow sections
d. Thickness and flatness of sheet metal and their surface condition according to EN 10163-2, EN10025-2, EN10029.
(II) Laser cutting
a. Unless otherwise specified, tolerances for non-tolerated dimensions in accordance with standards
PN-EN ISO 9013 – class 1 for sheet metal
EN ISO 2768 – m – for structural sections with a thickness of 0.8 mm – 3 mm,
EN ISO 2768 – c – for structural sections with a thickness of 4 mm and more.
b. If you order products in the raw state, parts made of sheet metal may have surface scratches caused by the production process. The Supplier reserves the possibility of marks / scratches from the laser grates.
c. The laser cutting service (unless otherwise specified) does not include the removal of burrs, burn marks, or carbon deposits resulting from the laser cutting technology as a result of the beam reflecting off the grates.
d. The Supplier reserves the possibility of burrs and splinters from the laser grates on the “reverse” side of the workpiece.
e. The Supplier guarantees high quality cutting edges on one side of the material. In the case of sheet metal, it is the surface of the sheet, and in the case of a profile, its outer side.
f. The cutting edges of sheet metal with a thickness of more than 6 mm have visible cutting marks resulting from the technological process.
g. In the material at the point of “piercing” of the cutting beam, a trace (material deformation) is created resulting from the technological process.
h. When cutting large parts, deformation of the material resulting from its heating may occur.
i. If the location of the profile seam is not indicated in the production documentation, it is selected at random.
j. The Supplier reserves the right to change the hardness of the material in areas affected by the temperature generated during the cutting process.
k. In the case of performing the laser cutting service of sections on the Customer’s material, the Supplier reserves the possibility of cutting holes with a position tolerance according to ISO EN 2768 – c (deviation resulting from the lack of straightness of the section).
l. Unless otherwise agreed, the surface roughness tolerance after cutting according to PN-EN ISO 9013:2017-04 (Table 5) range 2.
m. Unless otherwise agreed, the tolerance for perpendicularity or inclination of surfaces after cutting according to PN-EN ISO 9013:2017-04 (Table 4) range 3.
n. The Supplier reserves the possibility of deformation of workpieces resulting from stresses caused by high temperatures.
(III) Material bending
a. The Supplier reserves the possibility of marks / scratches from the press brake tools.
b. In the case of holes located close to the bending line, possible deformation of the holes must be taken into account.
c. Unless otherwise stated in the Customer’s documentation, the bending radii are the resultant radii and cannot be the subject of a complaint.
d. Surface deformations may occur on the material surfaces due to the bending process.
e. Tolerances of dimensions not tolerated according to standards
EN ISO 2768 – m- for sheet metal with a thickness of 0.8 mm – 3 mm,
EN ISO 2768 – c- for sheet metal with a thickness of 4 mm and more.
f. In the case of performing a service on customer-provided material, the Supplier reserves the right to manufacture the product within the tolerance for angular dimensions acc. to EN ISO 2768 – c (problems resulting from the quality of the customer-provided material or the way the parts are arranged on the sheet).
g. In the case of sheet metal bending services performed on the material supplied by the Customer, the Supplier reserves the possibility of cracks in the material.
(IV) Locksmith work
a. Unless otherwise stated, tolerances for non-tolerated dimensions are based on ISO 13920-B.
b. Unless otherwise agreed, the offer does not include weld quality tests or tightness control tests.
c. The Supplier stipulates that the wall thickness of ground products (sheet metal or section) may be outside the standard.
(V) Surface finish
a. The Supplier is not liable for any defects caused by a structural defect of the painted elements, mechanical damage, release of gases from the powder-coated galvanized coatings, chemical reactions caused by improper maintenance or lack thereof or contact with chemical agents not foreseen in the operation of the component, the effect of excessive temperature on the painted surface or an aggressive environment during use.
b. The coating thickness compliance test is performed by calculating the arithmetic mean for the entire component. The arithmetic mean cannot be lower than the one specified in the order, although coatings for which individual thickness readings constitute 80% of the nominal thickness are acceptable (e.g. for a nominal thickness of 60 µm, the limit measured value is 48 µm). Unless otherwise specified, a standard powder coating thickness is assumed to be 90±40µm.
c. Powder coatings are not resistant to mechanical damage and are sensitive to chemicals such as organic solvents, concentrated acids, bases and petroleum compounds.
d. Traces of powder coating hangers are not considered defects.
e. Coating defects that do not exceed 5% of the total surface area of the workpiece are not subject to complaint.
f. The loss of gloss is directly proportional to solar exposure, but may not be greater than 50% of the original value, measured according to ISO 2813. Painted parts facing different directions may age unevenly.
5. Customer-provided materials
a. If the service is performed on material supplied by the Customer, the generator of the waste (steel scrap) is the Supplier.
b. All residues (waste, offcuts) of the material provided by the Customer resulting from the execution of the order shall become the property of the Supplier, unless otherwise agreed by the Parties.
c. The residues of the customer-provided materials will be stored by the Supplier for no longer than 1 month from the date of order fulfilment. After that time, the Supplier reserves the right to scrap the aforementioned residues.
d. The Supplier may refuse to perform the service and withdraw from the contract if the material provided by the Customer does not comply with the standards specified in certificates or norms, thus posing a risk of destroying the tool or machine during the production process. In the event of withdrawal from the contract for the reasons described above, the Supplier will issue a corrective invoice to the Customer, on the basis of which it will return the price to the Customer, less the Supplier’s remuneration for the work performed to date.
e. If the Supplier suffers damage as a result of the defectiveness or unsuitability of the delivered parts and materials, the Customer shall compensate or satisfy the Supplier’s claims for damages.
6. Deliveries
a. The goods that are the subject of the offer shall be collected at the Supplier’s registered office.
b. The Customer is obliged to verify the conformity of the goods in terms of quantity at the time of delivery. In the event of non-conformity, the Customer is obliged to notify the Supplier of this fact immediately, but no later than on the next business day.
c. Upon the release of the goods from the warehouse to the Customer, all benefits and burdens related to the subject of the order, as well as the risk of its accidental loss or damage are transferred to the Customer. This rule also applies when goods are transported by external carriers.
d. The Customer is obliged to collect the goods immediately upon notification of their availability in the Supplier’s warehouses. In the event of a delay in the collection of goods, the Customer may be charged with the storage costs, subject to other rights of the Supplier. Each partial delivery shall constitute a separate transaction and may be invoiced separately by the Supplier.
e. If the Customer fails to collect the goods within 14 days after the agreed deadline for reasons not attributable to the Supplier, the Supplier shall be entitled to issue an invoice and demand payment for the goods and other services as if the delivery of the goods had taken place in accordance with the order.
7. Conformity with the order, complaints, reporting irregularities
a. The Supplier’s liability under warranty is excluded as a matter of principle, with the exception of the following provisions of the GTCs.
b. Complaints will only be considered for unprocessed goods. In the case of goods that have undergone further processing, complaints will not be considered.
c. The Customer is not entitled to withdraw from the order or contract in any respect whatsoever.
d. The Customer is not entitled to withhold payment for the goods or services ordered.
e. The Supplier shall not be liable for goods used in a manner inconsistent with their intended use and technical properties, in which damage has occurred as a result of defect in workmanship and design errors of third parties or as a result of failure to observe the manufacturer’s recommendations and instructions.
f. If the Customer resigns from using paper or film, the Supplier shall not be liable for any defects in the material resulting from the lack of protection.
g. The Supplier shall not be liable for any damage caused during the unloading of the goods.
8. Other provisions
a. The goods shall remain the property of the Supplier until full payment for the goods, including any additional costs, has been made.
b. The Supplier shall not be liable for non-performance or improper performance of its obligations resulting from the execution of orders if this is due to force majeure circumstances, which the Parties consider to be, for example: natural disasters, fires, floods, epidemics, pandemics, earthquakes, blockades, strikes, acts of war, utility interruptions or any other circumstances or causes beyond the Supplier’s control.
c. Any disputes shall be settled by common courts competent for the seat of the Supplier.
d. The GTCs shall take precedence over other general terms and conditions of contracts, regulations and templates used by Customers.
e. To all matters not settled herein, the relevant provisions of generally applicable law shall apply, including the Civil Code and the Act of 14 December 2012 on waste.