General Terms & Conditions of Sale

General Terms & Conditions of Sale

These General Terms & Conditions of Sale, hereinafter the T&C, set forth the rules of entering into
and performing agreements for sale of goods and for provision of services by AH Hardt spółka jawna
with its registered office in Cholerzyn, hereinafter the “Supplier,” to other entities, hereinafter the “Buyer.”

§ 1
About the Business

General Terms & Conditions of sale by:
AH Hardt sp.j.
Cholerzyn 215;
32-060 Liszki;
REGON No.: 350114787;
NIP No.: 679-01-68-262;
registered in the District Court for Kraków-Śródmieście in Cracow,
11th Commercial Division of the National Court Register,
KRS No.: 0000120755.
Bank account number: BSR S.A 27 8589 0006 0000 0017 2606 0002,
e-mail address: amh@ah.com.pl

§ 2
General provisions

  1.  These General Terms & Conditions shall apply to all agreements for sale of goods entered into by AH Hardt sp.j. as the seller, except for sale through the online shop, which is governed
    by the Online Store Terms & Conditions.
  2.  Any amendment hereof must be made in writing or otherwise remain null and void. Entering into a separate sales agreement shall only exclude the application hereof to the extent regulated differently by such an agreement. 
  3.  Placing an order with AH Hardt sp.j., the Buyer accepts these
    General Terms & Conditions of Sale.

§ 3
Agreement conclusion

  1.  A sales agreement is concluded based on an order placed by the Buyer in response to the Supplier’s proposal. In the event of any modifications to the proposal or any objections thereto
    in the Buyer’s order, the agreement will only be entered into upon the Supplier’s confirmation of acceptance of the order with the modifications or objections. Absence of confirmation of such
    an order means that no sales agreement has been concluded. The Parties hereby exclude any possibilities of tacit (implicit) conclusion of agreement provided for by the law.
  2.  If the Buyer places an order without first receiving a written proposal (e.g. based on an invitation to negotiations etc.), agreement conclusion requires a written confirmation of order acceptance by the Supplier.
  3.  For sales agreement conclusion or modification to be valid, any statements exchanged by the Parties in this respect ought to be delivered to the other Party in writing by post, by fax or
    by e-mail. This provision shall apply in particular to proposals, orders and order confirmations. Absence of response from the Supplier means that the order has not been accepted and will not be delivered.
  4.  Upon order acceptance by the Supplier, the Buyer has no right to cancel it, and is obliged to accept the ordered goods and make the applicable payments by the time as determined on the enclosed VAT Invoice.
  5.  The order completion time is established individually and separately for each order.

§ 4
Price and remuneration

  1.  Price and remuneration will be established based on the Supplier’s price list for goods and services applicable on the day on which the Supplier confirms order acceptance; the prices specified in the price list are net amounts and they will be increased by a value added tax according to applicable rates.
  2.  The Supplier reserves the right to adjust the agreed prices if currency exchange rates change, prices of materials increase, salaries change, the government interferes, or other circumstances beyond the Supplier’s control arise.

§ 5
Delivery

  1.  The Buyer shall check the goods very carefully at the moment of their receipt for quantity, compliance with the technical specifications defined in the contract, and for any visible defects. Once the goods are checked, a release document will be signed (e.g. Stock Issue Confirmation, waybill etc.). Signing the document means conforming that the specified parameters are
    in conformity with the order and that there are no defects which could be detected at the moment of receipt of the goods. The Buyer cannot release itself from the obligations specified in this paragraph and from the consequences of failing to adhere to them by referring to the accepted trade and receipt practices.
  2.  Any non-conformity of delivery ought to be confirmed in writing.
  3.  The ownership of goods and the risk shall be transferred to the Buyer at the moment the Buyer or its employee signs a document confirming receipt of delivery.
  4.  If the order was only partially completed, then, if the Buyer agrees, the missing elements may be added to the next delivery or delivered at a later date at the Seller’s cost.
  5.  If the value of an order to be delivered to any place in Poland exceeds PLN 1000.00 (in words: one thousand PLN), the cost of order shipment to the Buyer and the insurance cost shall be borne by the Supplier. This does not apply to any items longer than 2 linear metres, and to wire and hoop iron. Delivery of any items longer than 2 linear metres and of wire and hoop iron each time requires transport and price negotiations.
  6.  The place of delivery is the address specified in the order, whether in Poland or abroad.
  7.  Orders are delivered by an employee of AH Hardt sp.j. or through a freight forwarding company. Shipments by courier are sent on a daily basis. The cost of domestic or international shipment must be each time consulted with Customer Service.
  8.  The parties agree that the cost of loading the goods for transport shall be borne by the Seller, and the cost of unloading the goods – by the Buyer, notwithstanding who bears the cost
    of transport.

§ 6
Complaints

  1.  The procedure for filing and analysing complaints is presented in the
    Warranty Terms & Conditions available on the website of AH Hardt sp.j. www.ah.com.pl
  2.  The Buyer shall not be reimbursed for any incurred disassembly and re-assembly cost.

§ 7
Return of products

  1.  Products may be returned within 14 days following their receipt, only based on a separate written agreement between the Parties.
  2.  Only standard Products may be returned (according to the list in § 10), provided that they are not damaged and are fit for sale. The invoice number must be each time specified for those Products, and an adjusting invoice will be issued, The Buyer shall cover the costs of any return transport and insurance.
  3.  For the avoidance of doubt, the Parties agree that the return referred to in § 7(1) shall not apply to those products which are the outcome of Product replacement or repair after the Supplier has accepted a complaint regarding Product quality.

§ 8
Terms of payment

  1.  The terms of payment are agreed individually for each order.
  2.  If the Buyer is in arrears with payments under any sales agreement between the Parties,
    the Supplier shall suspend the performance of any concluded agreements (including suspension of the release of goods) until the Buyer pays all the mature amounts with interest.
  3.  If the Seller has granted the Buyer a trade credit (deferred payment deadline), the Seller may limit or withdraw it at any time. This right shall not apply to any debt that has already arisen.

§ 9
Final provisions

  1.  In matters not regulated herein, provisions of the Polish Civil Code and other specific statutes shall apply.
  2.  Any disputes which may arise in connection herewith shall be settled by a court competent for the Seller’s registered office.
  3.  Any amendments and supplements hereto shall be null and void unless made in writing.

§ 10
List of standard products

No.

Name

Symbol

Unit

1

cross connector 4*M6*20, 2 p. B up to 30mm

 01031

pcs.

2

cross connector 4*M8*16, 2 p. B up to 20mm

 01101

pcs.

3

cross connector 4*M8*20, 2 p. B up to 30 mm

 01151

pcs.

4

pass-through connector single 2*M8*20

 02021

pcs.

5

pass-through connector double 2*M8*20

 02031

pcs.

6

control connector 4*M6*16, B up to 30mm

 03021

pcs.

7

ridge tile holder, H=4cm

 04201

pcs.

8

ridge tile holder H=8cm

 04281

pcs.

9

ridge tile holder H=8 cm

 04301

pcs.

10

angular bracket H 6cm

 05011

pcs.

11

angular bracket H 6cm

 05021

pcs.

12

angular bracket H 8cm

 05041

pcs.

13

universal holder L=12cm, B up to 30mm, threaded

 06131

pcs.

14

universal holder L=18cm, B up to 30mm, threaded

 06141

pcs.

15

hoop iron holder L=8cm, B up to 50mm, threaded

 06171

pcs.

16

wire holder L=8cm, threaded

 07111

pcs.

17

wire holder L=12cm, threaded

 07121

pcs.

18

wire holder L=18cm, threaded

 07131

pcs.

19

metal sheet holder H=7cm

 08051

pcs.

20

metal sheet holder H=6cm, 1*M10*40

 08061

pcs.

21

roof tile holder L=38cm, H=10cm

 09021

pcs.

22

roof tile holder L=38cm, H=10cm

 09041

pcs.

23

drainpipe connector

 10011

pcs.

24

adhesive holder H=9cm, galvanised

 12061

pcs.

25

adhesive holder H=7cm

 12140

pcs.

26

adhesive base for item 12140

 12150

pcs.

27

bow tension bracket M10*110, L=20cm

 13051

pcs.

28

Fe Zn driven earth electrode 16*1500mm

 14011

pcs.

29

Fe Zn earth electrode extension 16*1500mm

 14021

pcs.

30

earth electrode extension 16*1200mm

 14181

pcs.

31

driven earth electrode 16*1200mm

 14191

pcs.

32

anchor L=35cm

 15011

pcs.

33

hammered double tension bracket L=35cm

 15031

pcs.

34

DIN universal connector

 16011

pcs.

35

hoop iron bolted holder B up to 40mm G up to 4mm

 26011

pcs.

36

plastic wire holder H=4 cm

 29010

pcs.

37

red wire holder H=6 cm ceramic base

 29040

pcs.

38

brown wire holder H=6 cm ceramic base

 29070

pcs.

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