AKWEDUKT MP sp.z o.o.

GENERAL TERMS AND CONDITIONS OF SALE

I. Definitions

Supplier: AKWEDUKT MP sp. z o. o. Providing goods or services for the Customer

Customer: ordering goods or services from the Supplier

Party: Supplier or Customer

Written form: also via e-mail

II. General provisions

1. These General Terms and Conditions of Sale (GTS) regulate the delivery of goods and/or services by the Supplier to the Customer.

2. Terms of delivery of goods or provision of services by the Supplier, different or additional to the GTS, require confirmation by the Supplier in writing, otherwise being null and void.

3. Placing an order for the goods by the Customer, means acceptance of  the GTS.

III. Offer and conclusion of the contract

1. The Supplier's information on the terms of delivery of goods or provision of services is a proposal to conclude a contract and is not binding.

2. The Customer's order constitutes an offer to conclude a contract. The Supplier may accept the offer in the form of a written confirmation or by commencing to perform  the contract, which results in the conclusion of the contract.

3. The prices included in Supplier's offer are confidential prices for the Customer's information..

4. The goods and services offered by the Supplier are in net prices, to which the applicable VAT should be added

IV. Terms of payment

1. The terms of payment are subject to agreement between the parties. The following payment forms are used:

- 100% prepayment

- partial prepayment

- payment upon receipt of the goods

- sale with deferred payment date

2. Payments will be made in the currency and to the account indicated on the VAT invoice

3. In the event of failure to meet the agreed payment deadline, the Supplier may charge statutory interest and transfer the costs of debt recovery to the Customer.

4. The Customer is not entitled to withhold the payment due to claims that have not been accepted by the Supplier in writing.

5. In the event of justified doubts as to the Customer's solvency, the Supplier has the right to suspend the delivery.

V. Terms of delivery / collection of goods

1. All deliveries shall be ex works from the Supplier's warehouse.

2. At the Customer's request, the goods may be delivered to the indicated address via the courier company, or the Supplier's rented or own transport. Shipping costs are determined each time between the Customer and the Supplier.

3. From the moment of goods delivery, the Customer bears the entire risk related to the purchased goods.

4. The delivery date shall be extended accordingly if the Supplier's failure to meet the deadline is caused by:

a. force majeure, such as: natural disasters, war, terrorist attack, strike, etc.

b. attacks on the Supplier's IT systems occurring despite taking appropriate security measures.

c. lack of power supply.

d. untimely or incorrect delivery of raw materials and components to the Supplier.

VI. Return of goods

1. The supplier may accept the sold goods under the following conditions:

a. The returned goods are of full value and have all the features of a new product.

b. The customer returning the goods will make the return in the same tax year in which the purchase took place.

2. Goods in special execution and goods manufactured to special order are not returnable.

VII. Ownership

1. The delivered goods shall remain the property of the Supplier until the payment is transferred by the Customer.

2. All costs related to the recovery by the Supplier of unpaid goods shall be borne by the Customer.

VIII. Warranty

1. The warranty period shall be 12 months from the date of purchase, unless a bilateral contract provides otherwise.

2. The warranty period for repaired or replaced goods shall be 12 months from the date of repair or replacement.

IX. Quality defects in goods and services

1. The Customer shall immediately check the goods for defects and compliance with the order.

2. The Customer shall immediately (but no later than within 3 days from the date of delivery) inform about any discrepancies between the delivered and ordered goods.

3. The Customer shall immediately (but no later than within 5 days from the date of delivery) inform in writing about any visible defects of the goods under pain of losing the right to complaint.

4. In the case of hidden defects, the Customer shall inform the Supplier within 5 days of becoming aware of such defects, under pain of losing the right to complaint.

5. The Supplier should have an opportunity to assess the defective product directly on site before its possible disassembly.

6. If the Supplier accepts the complaint under the warranty by replacing or repairing the goods or services, the Customer has no right to withdraw from the contract.

7. All repair costs and travel (accommodation) costs resulting from unjustified complaint shall be borne by the Customer.

X. Liability

I. The Supplier's liability for damage to the Customer  resulting from the failure to perform the contract or its improper performance shall not exceed 50% of the total net price for each case which was the basis for the claim or 100% of the total net price of the contract value.

2. Any claims of the Customer for reimbursement of expenses and other costs not related to the goods (or services), such as: loss of profit, loss of orders, claims of third parties are excluded.

XI. Jurisdiction

1. A court of competent jurisdiction for the place of Supplier's business shall be competent to settle any disputes.

  2. The applicable law is Polish law.