The appendix to the order confirmation
- The payment of invoices for performance of product shall be made in the agreed in the offer form within 30 days to the bank account specified in the invoice, provided that the date of payment is considered to be the date of crediting the Contractor’s account. The Contractor reserves the right to transfer overdue receivables and interest stemming from the deliveries and objects to any reservations made by the Contracting Party that would limit this right, specifically in terms of obtaining the consent of the Contracting Party for the transfer of the receivables. The invoices pertaining to the product realization shall be issued without the signature of the Contracting Party, for what hereby Contracting Party agreed.
- In the event of a delay in due payment of the receivables, the Contractor shall accrue interest for the delay at statutory rates with no additional note.
- The product delivered to or received by the Contracting Party shall remain the property of the Contractor until the invoice is paid for this product.
- If the products are received in lots, the next product lot shall not be released unless payment is made for
the previous lot. The product won’t also be released in case of stating any other financial arrears. The transfer of product ownership shall take place once full payment of the receivables is made.
- The specified in section II, the first page of this order confirmation, the delivery date may be subject to postponement in the event of changes in documentation and other extraordinary events.
- The Contractor reserves the right to change prices in the event of changes in price base (official change of prices of raw material or exploited media used to carry the subject of the offer out ) by means of an annex concluded in agreement with the Contracting Party.
- The completion of the contract shall take place on the basis of the technical specifications covered by the documentation. If they are not provided, completion of the contract takes place as per the regulations of the Contractor.
- The release of the product shall be preceded by commissioning by the Contractor. The Contracting Party has the right to commission the casting products prior to their shipment and issuing of the invoice.
- The Contracting Party is obligated to collect the subject of the contract in due time, i.e. within 7 days from the date of notification by the Contractor. Following the expiration of this date, the Contractor shall charge the Contracting Party with the expenses of storing the casting products.
- Any and all possible changes to the contract or additional technical requirements declared following the signing of confirmation require written agreements and the consent of the Contractor or shall be null and void.
- Compensation for non-performance or improper performance of the confirmed scope of the delivery shall be paid as per the regulations of the civil code.
- In the event of annulment of the contract by the Contractor for reasons being the responsibility of the Contractor, the Contractor shall pay a contractual penalty to the Contracting Party amounting to 15% of the contract value. If the reserved penalty is not sufficient to cover the loss, the Contracting Party may seek supplemental compensation on general terms.
- In the event of annulment of the contract by the Contracting Party for reasons being the responsibility of the Contracting Party, the Contracting Party shall pay a contractual penalty to the Contractor amounting to 15% of the contract value. If the reserved penalty is not sufficient to cover the loss incurred by the Contractor, he shall have the right to seek supplemental compensation on general terms.
- The parties oblige to settle any disputes arising out of the execution of the contract by means of direct negotiations. Disputes which have not been settled in the specified manner are to be examined by a commercial court of law having jurisdiction over the Contractor’s seat.
- The Contracting Party is obligated to perform a commissioning of the casting products within 14 days from the date of their receipt with respect to their external defects, that is dimensions, defects of raw surface and shape defects, under pain of losing warranty entitlements accruing in this regard. Internal defects (pores, gas and sand inclusions, contraction cavities and micro-shrinkage) discovered during machining should be reported to the Contractor without further scalping. This ensures possibility to rework the casting products or make replacement casting products without the need to cover the cost of machining.
- Does not abide by the Contractor the agreed deadline for implementation may cause the calculation by the Contracting Party a contractual penalty in the amount of 0,1% for each day of delay, but no more than 10% of the value of the delivery
- In the case of written reporting a complaint of the product the total costs of repairs etc. will be no more than 50% of the value of the rough casting.
- In case of change any technical or receiving conditions concerning the product during the execution of the order, Contracting Party is obligated to buy all products made according to previous conditions. The Contractor reserves the rights to change prices and the date of implementation of the previously ordered products taking into account introduced changes or technical conditions of execution.