General Terms and Conditions of Sale

§1. Introduction

1. All terms and conditions of sale are applicable to and constitute an immutable part of any price offer placed by Zakład Tokarsko-Ślusarski Bugajewski (also referred to in English as Bugajewski Machining Services Company) and of all orders and other contracts relating to sale. The general terms and conditions of a contract may be altered exclusively upon a written approval of Zakład Tokarsko-Ślusarski Bugajewski.
2. Definitions referring to further terms and conditions of sale:
• T&Cs– these General Terms and Conditions of Sale
• Seller – Zakład Tokarsko–Ślusarski Bugajewski
• Buyer – an entity that is the counterparty to a contract.

§2. Enquiry

1. To accept an enquiry and prepare an offer, the following shall be required: the Buyer’s details, specification of the grade of material, the number of items ordered, an indication if the service is to be performed from the customer-provided material, as well as technical documentation in a printed or electronic form. If the information is insufficient to prepare an offer, the Seller will send a request for additional information by electronic means.
2. Drawings prepared in accordance with the rules of technical drawing are preferred.
3. In the absence of access to technical documentation, the Seller may also prepare an offer based on a model delivered to him. In this case, the Buyer agrees to deliver the item or device in a condition that allows the Seller to prepare technical drawings. Documentation thus prepared shall remain the property of the Seller.

§3. Offer

1. An offer is the basis for the conclusion of the contract of sale.
2. An offer sent by the Seller shall be valid only if all parts are ordered in the specified quantities. In the case of changes, it may be necessary to prepare an additional calculation.
3. A price offer does not reserve the material required to execute the order.
4. An offer does not include the cost of packaging and transport. An offer for transport and packaging may be prepared as an additional one at the request of the Buyer.
5. In the case of components from materials that the Seller considers as non-moving, the usable waste will be presented as a separate item in the offer or included in the price of the material.
6. In the case of a production order with the use of customer-provided material, the Seller shall specify in the offer the quantity and grade of material, as well as the sections it should be delivered in.
7. At the request of the Buyer, the Seller may provide additional services such as galvanic treatment, heat treatment, sand blasting, etc. The said services are performed in cooperation with verified subcontractors.
8. An offer does not include the cost of issuing certificates of material and certificates provided by cooperating parties and suppliers of materials. If such documents are required and obtaining them entails any additional fee paid to the supplier, this cost shall be added to the invoice.
9. The prices specified by the Seller are net prices and tax on goods and services will be added to them.

§4. Conclusion of a contract of sale

1. A contract between the Seller and the Buyer is concluded after the Seller’s receipt and acceptance of an order in a written printed or electronic form.
2. By placing an order, the Buyer accepts the offer presented by the Seller in full.
3. If production has already started, any changes to the technical documentation made after the order is accepted might not be implemented. In the event of making changes to the order, the Buyer shall allow for a change in the lead time or the Seller’s refusal to execute the order.
4. The lead time shall run from the moment the Buyer provides full technical documentation and fulfils the special conditions of the offer if such conditions were included therein (delivery of customer-provided material, prepayment, etc. )

§5. Engineering tolerance and certificates

1. In the technical drawings provided, apart from dimensions, the Buyer shall clearly indicate dimensional tolerance where necessary. The dimensions at which there is no tolerance indicated in the drawing shall be executed in accordance with the European tolerance standard ISO DIN 2768.
2. Approvals and certificates for materials used in production shall be attached if such requirement is specified in the enquiry or the order.

§6. Customer-provided material

1. If an order is executed with the use of customer-provided material, the following conditions shall be met :
• the grade, quality and quantity of the material provided shall comply with the terms and conditions set out in the offer
• the material provided shall have a certificate or proof of purchase with information about the grade of the material.
2. In case the Buyer has doubts as to the material to be purchased by him, the Seller shall advise him, before the execution of the order, on the quality and grade matters and may also indicate a reliable supplier of the material.
3. The Seller reserves the right to change the price or refuse to perform the service in the case of delivery of material that is of extremely poor quality, does not meet the requirements or technically interferes with or hinders processing.
4. In the case of delivery of materials in quantity or size that require the use of lifting equipment or lifting devices or forklifts for unloading, the delivery should be notified at least 3 days in advance.
5. The Seller agrees to return and the Buyer agrees to collect the customer-provided material unused in production within 30 days of the date of the execution of the order. After this period, the material may be disposed of by the Seller or used for his own purposes.

§7. Complaints

1. With no delay upon receiving the goods, the Buyer is obliged to check their compliance with the order.
2. If the Buyer receives items non-compliant with the order, he shall have the right to make a complaint.
3. The complaint shall be reviewed within 14 days.
4. The Buyer agrees to return the defective parts unless the parties agree otherwise.
5. Without the Seller’s consent, the Buyer may not repair the defective parts on his own and charge the Seller with the costs. If the Seller consents to such repair, the consent must be given in writing.
6. The Seller shall not be liable for damage or delays in delivery arising from the operations of transport companies.

§8. Payments

1. The Buyer agrees to fulfil his financial obligations to the Seller in a timely manner.
2. If the Buyer does not collect the manufactured parts within more than 7 days of the date of the execution of the order, the Seller shall have the right to issue an invoice with the payment date specified in the offer. Failure to collect the goods shall not release the Buyer from the obligation of timely payment.
3. In the event of delay in payment for the executed orders, the Seller reserves the right to refrain from the performance of all concluded contracts, including refusal to hand over the manufactured goods, until the Buyer pays all financial arrears.
4. The seller shall not be liable for damage arising from the suspension of deliveries to the Buyer who is late with payments.
5. Initiation of a complaints procedure does not release the Buyer from the obligation to pay for the goods handed over.

INFORMATION CLAUSE FOR PERSONS WHO ARE OUR CUSTOMER OR COUNTERPARTY

Pursuant to art.13 para. 1 and 2 of the general regulation on the protection of personal data of 27 April 2016 (GDPR), I inform you that:

1. The administrator of your personal data is Zakład Tokarsko-Ślusarski Bugajewski with its registered office in Poznań at 7 Żywokostowa Street.

2. To provide information regarding your personal data, please contact us at: info@zts-bugajewski.pl

3. Your personal data will be processed for the purposes of:

A. Preparation of a price-time offer in response to a received inquiry, execution of a purchase / sale transaction under a contract or order, implementation of a production order, sales service, based on the legal basis of Article 6. paragraph 1. letter b GDPR;
B. Issued financial and accounting documentation confirming the execution of the order or sale / purchase transaction, based on the legal basis of Article 6. paragraph 1.letter c GDPR;
C. Claims, including debt collection proces , based on the legal basis of Article 6. paragraph 1.letter f GDPR;
D. Marketing, based on the Administrator’s legal interest, based on the legal basis of Article 6. paragraph 1.letter f GDPR or on given consent Article 6. paragraph 1 letter a GDPR;
E. Statistical and analytical, aimed at testing the sales potential, based on the legal basis of Article 6. paragraph 1.letter f GDPR;
F. Complaints based on the legal basis of Article 6. paragraph 1.letter f GDPR;
G. Contact via the contact form based on the consent given, based on the legal basis – Article 6. par.1 letter a GDPR.

4. Your personal data will not be transferred to external companies.

5. Your personal data will not be transferred to countries outside the European Union.

6. Your personal data will be processed:

A. In accordance with the Accounting Act.
B. Until claims expire.
C. Until the end of cooperation or withdrawal of consent.
D. Until the business relationship ends.
E. Until the end of the complaint procedure and in accordance with the Accounting Act.
F. Until consent is withdrawn

7. You have the right to access your data, the right to rectify, delete, limit processing, the right to transfer data, object and withdraw consent.

8. Providing personal data by you is voluntary, but necessary to fulfill the obligation of the administrator and performance of the contract

9. You have the right to lodge a complaint to the President of the Office for Personal Data Protection ul. Stawki 2, 00-193 Warsaw, when you feel that the processing of personal data violates the law.

10. Your data will not be processed in an automated manner or in the form of profiling