Power supplies • Electronics Development • Production

Power supplies • Electronics
Development • Production • Contract manufacturing
Machining services
MERAWEX Sp. z o.o.
44-122 Gliwice, Toruńska 8, Poland
VAT No. PL6310000440
phone +48 32 23 99 400 fax +48 32 23 99 409
www.merawex.com.pl [email protected]
Reg. No. KRS 0000058433, court: Sąd Rejonowy in Gliwice, X Wydz. Gosp. KRS
Equity: 1,150,000 PLN
GENERAL TERMS OF SALE
Version 2.4
Applicability of the General Terms of Sale
1.
2.
3.
4.
5.
MERAWEX Sp. z o.o., thereafter called the Supplier, offers delivery of products, merchandises and services
on conditions set forth in these General Terms of Sale.
One time contract or frame delivery contract between the Supplier and the Buyer can define other terms of
sale. In case of discrepancies between provisions of the specific contract and provisions of the General
Terms of Sale the provisions of the specific contract are binding.
In case of selling devices the General Terms of Warranty become a part of the General Terms of Sale.
An offer is valid and can constitute a basis to conclude a contract on condition that the Buyer shall not
present its terms of purchase, e.g. as a part of its order, contrary to the General Terms of Sale and the
General Terms of Warranty or contrary to specific terms presented in the offer.
For the matters not covered by these General Terms the Polish law is valid, and any disputes regarding the
delivery which cannot be solved in an amicable way shall be settled by a competent court of law,
appropriate for the legal seat of the Supplier.
Meaning of the price, delivery date, date and mode of payment
6.
The price in an offer or contract means free carrier the seat of the Supplier (FCA according to Incoterms
2010). If the place of delivery is agreed to be outside the seat of the Supplier, then the Supplier shall
conclude a contract of carriage at the risk and expense of the Buyer.
7. In case of domestic delivery, if the price in an offer or contract is given in USD or EUR it shall be converted
into PLN according to the mean exchange rate at the National Bank of Poland on the date of issuing an
invoice.
8. In case of forecasting of delay or actual delay of delivery, the Supplier shall notify the Buyer immediately
about this fact, its causes and possible delivery date. Both parties shall decide on further actions.
9. For realized deliveries the Supplier shall issue an invoice. The net prices shown in an offer or contract shall
be marked up by the value added tax at the rate defined by the law and according to the principles applied in
the European Union. In particular, intra-Community supplies of goods are exempt from VAT.
10. Without prejudice to the point 11, the date of payment is fourteen (14) days since the date of issuing the
invoice. The payment shall be realized by a bank account transfer to the bank account shown in the invoice.
The liability is considered cleared at the moment of credit of the Supplier’s account.
11. Potential defects disclosed in the delivered merchandise shall not unbind the Buyer from the duty to timely
pay its liabilities towards the Supplier.
Securing of open account
12. In an offer the Supplier can demand prepayment or securing of open account.
13. The Supplier reserves the right to stop confirmed deliveries in case of an overdue payable from the Buyer.
14. The merchandise belongs to the Supplier until the liability of the Buyer towards the Supplier is paid in full.
GENERAL TERMS OF WARRANTY
Version 2.4
Applicability of the General Terms of Warranty
1.
2.
MERAWEX Sp. z o.o., thereafter called the Supplier, makes warranty on devices it sells on conditions set
forth in these General Terms of Warranty.
One time contract or frame delivery contract between the Supplier and the Buyer can define other terms of
warranty. In case of discrepancies between provisions of the specific contract and provisions of the General
Terms of Warranty the provisions of the specific contract are binding.
3.
Based on the article 558, § 1 of the Polish civil code the Supplier disclaims any implied warranty, without
prejudice to the point 5.
Supplier’s responsibility
4.
5.
6.
7.
The Supplier makes itself responsible for delivery of devices which are factory new and working.
The Supplier guarantees the first Buyer that a device having a manufacturing defect or a hidden defect or
does not function properly and has been handed over to the Supplier in the mode described below over the
period of one year since the date of purchase shall be, free of charge, replaced or repaired. The selection
of the mode shall be at rational discretion of the Supplier.
The Supplier guarantees the first Buyer to continuously receive warranty claims in working days and hours
as well as to replace or repair the guaranteed device within fourteen (14) working days since the date of
delivery of the device to the seat of the Supplier.
The Supplier offers advice on maintenance and use of devices during the guarantee period and afterwards.
Liability limitations
8.
9.
The Supplier makes guarantee only for the first Buyer.
The guarantee does not cover:
a. damages of devices resulting from transport;
b. damages of devices resulting from storage, set-up or maintenance not complying with technical
documentation, user manual or Supplier’s recommendations, unless these activities have been carried
out or ordered by the Supplier;
c. use not complying with technical documentation, user manual or Supplier’s recommendations;
d. mechanical damages;
e. damages resulting from a modification of the device, unless the modification has been done or ordered
by the Supplier, or with written consent of the Supplier;
f. secondary damages resulting from using the device in spite of a noticed primary defect, unless the
Supplier has been notified and has recommended further use.
Assessment of causes of damages shall be at rational discretion of the Supplier. The Supplier can repair or
replace a device damaged as described in this point for a fee.
10. The Supplier shall not be liable for any loss of revenue, interruption of business, interruption of operation of
systems, loss of data or any other damages as well as costs related to them, arising from operation of the
devices.
11. The total liability of the Supplier towards the Buyer from all indemnification titles which might arise from a
binding sale contract shall not exceed fifty (50) percent of the total agreed remuneration or value of the
contract.
Guarantee execution mode
12. The Buyer shall report a defect or malfunction of the device to the Supplier by phone, fax, mail or electronic
mail prior to sending the device to the Supplier.
13. The Buyer shall deliver at its expense the reported device to the seat of the Supplier with a copy of the
purchase proof and a description of the defect or malfunction.
14. The Supplier shall deliver the replaced or repaired device at its expense to the Buyer.
15. Parties can agree on repairing outside the seat of the Supplier.
16. If the Supplier has assessed that the claim is unjustified in full or in part, then the Supplier shall notify the
Buyer about this and propose a paid repair or paid replacement of the device. In case of claim which is
unjustified in full the Supplier shall return the device to the Buyer at Buyer’s expense or – if the repairing
has been agreed outside the seat of the Supplier – shall charge the Buyer with travel expenses.
Gliwice,
June 20, 2012
Witold Grabysz
President of the
Managing Board
MERAWEX Sp. z o.o.
44-122 Gliwice, Toruńska 8, PL
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