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General terms and conditions of order

  • 1. INTRODUCTION The General Terms and Conditions of Orders, hereinafter referred to as the GTC, regulate the rules for the execution of orders for goods and services at K&W Expert Sp. z o.o. hereinafter referred to as the Ordering Party or K&W Expert. The GTP are an integral part of the order and are binding on both Parties – i.e. the Ordering Party and the Supplier/Contractor. 2. EXECUTION OF ORDERS The parties are obliged to cooperate during the execution of the order. The Ordering Party is obliged to provide the Supplier/Contractor with all information necessary for the proper performance of the contract. The Supplier/Contractor is obliged to complete the order in a timely manner. In cases of delays in the deadline for the implementation of the subject of the contract, the Supplier/Contractor shall pay the Ordering Party a contractual penalty:
    1. for delays in the implementation of a specific subject of the contract, resulting from the fault of the Supplier / Contractor, if no other arrangements have been made, in the amount of 0.2% of the net value of the order – for each day of delay, in relation to the date specified in the order; however, not more than 20% of the net value of the contract;
    2. for delays in removing defects arising from reasons attributable to the Supplier/Contractor, found upon receipt or during the warranty period, if no other arrangements have been made, in the amount of 0.2% of the net value of the order for each day of delay counted from the period determined for the removal of the defects found;
    3. if the Supplier / Contractor does not remove the defects within 14 days of submitting the complaint, or does not deliver the subject of the order within 4 weeks from the date specified in the order, the Ordering Party has the right to remove the defects on its own, but at the expense of the Supplier / Contractor or to complete the order with another supplier, and additional costs related to this will be charged to the Supplier / Contractor.
    Unless the parties have agreed otherwise or if required by relevant regulations, the Contractor is obliged to provide at his own expense the Works / Construction Manager, who will exercise constant supervision over all works carried out, compliance with health and safety regulations and other internal procedures. It should be a person with appropriate professional skills, supported by appropriate experience and qualifications in accordance with the provisions of the law of the Republic of Poland. This person will cooperate with a specialist appointed by the Ordering Party on behalf of K&W Expert. The Supplier/Contractor provides qualified employees and is responsible for their safety on the premises of the Plant so as to eliminate the danger zone for outsiders. Before starting work, the Contractor's employees will have to undergo training in the field of OHS (the training will be conducted by a representative of K&W Expert), at which they will be asked to present documents confirming current qualifications and tests allowing them to perform the commissioned works. Employees of the Contractor, including drivers, during delivery / work on the premises of the Plant must be equipped and should wear appropriate – clean and technically efficient and approved for use in accordance with health and safety requirements – personal protective equipment: reflective vests, helmets, goggles or safety glasses (depending on the type of work), hearing protectors, etc. All tools that the Contractor's employees will use during the implementation of the service must have CE declarations of conformity, be efficient and safe for operation. K&W Expert does not provide storage of parts, tools, devices, etc., and if you need equipment such as: crane, excavator, forklift, bull market, scaffolding, etc. it is the Contractor who must ensure this on his own. The person supervising the work on behalf of the Technical Team / Investment Team may provide addresses and contact numbers to service companies. Proof of the execution of the order or its part is a acceptance protocol signed by persons authorized by the Ordering Party. The works should be reported to the Ordering Party for acceptance no later than 3 working days before acceptance. Complaints may be submitted within 14 days from the date of receipt of the goods / service. 3. WARRANTIES AND LIABILITY FOR DEFECTS The Supplier /Contractor guarantees that the goods / services provided as part of the contract will comply with the specifications, documentation or technical drawings and any other requirements resulting from the order and other documents. The Supplier/Contractor grants the Ordering Party a guarantee for a period of 1 year, unless a different period is agreed between the parties. If any defects are found during the warranty period, including failure to achieve the assumed operating parameters, the Supplier/Contractor shall be liable for these defects. If, in the course of the acceptance of works provided for in the contract, defects are found that are not suitable for removal – the Ordering Party may withdraw from the contract and refuse to pay. The Supplier's/Contractor's warranty for the goods/services or part thereof that has been replaced shall be extended by a period in accordance with the arrangements made between the parties. 4. FORCE MAJEURE Force majeure means a sudden and unforeseeable event, which is beyond the control of the Party, occurring after the conclusion of the contract by both Parties, preventing the Party from performing its obligations under the contract, not involving the Party's own fault or lack of due diligence. Such events may include, in particular: natural disasters, wars, revolutions, epidemics, announced general strikes in the relevant industries, official decisions of authorities and public administration. The Parties shall not be liable for non-performance or improper performance of the provisions of the contract as a result of Force Majeure, provided that if a Force Majeure situation arises, the Party after which these circumstances occurred shall immediately notify the other Party in writing of its occurrence and reasons and make every effort to provide the other Party with documentation within 10 days from the date of notification, which explains the nature and causes of the Higher Power to the extent that it is reasonably achievable. 5. CONFIDENTIALITY OF INFORMATION Any confidential information, i.e. technical, commercial, financial, cost information, provided in connection with the performance of the contract may not be transferred to third parties, unless the provision of this information is requested by the authorized Authority on the basis of law. 6. PAYMENT Payment for fulfilling the subject of the order will be based on the acceptance protocol signed by the Ordering Party and on properly issued and delivered invoices.