In case of manufacture of goods according to the design presented by the Customer, Stanisław Litwin running business activity under the name: Litex ZPH Stanisław Litwin (hereinafter: ‘Litex’) undertakes to reproduce them as well as possible. In such case, Litex is forced to reserve minor deviations in the field of appearance and colour, conditioned by technical capabilities resulting from the properties of the materials used for realisation of the order, including print on fabrics and differentiated colour effects on substrate of different kinds. The service shall be considered as performed in compliance with the Agreement also in case of occurrence of deviations of this type. The same rule shall apply to comparison of goods masters or trial and serial prints.
Deviations in dimensions as to width, length or technical specifications of the goods shall be acceptable in compliance with the generally accepted tolerance, i.e. +/- 5%. For technical reasons, we reserve the possibility to increase or decrease the volume of delivery of articles produced by means of printing devices by +/- 10%, rounding it up to the number of pieces being subject to settlement, which is adopted in the industry.
All information on products and services - in particular descriptions, technical and performance parameters, prices - found in the promotional folders, catalogues and on the website www.litex.pl shall not constitute an offer in the meaning of art. 66 of the Civil Code or art. 661 of the Civil Code but it shall be considered as an invitation to conclude an agreement in the meaning of art. 71 of the Civil Code.
The orders shall be accepted in written or oral form and shall become binding only upon their written confirmation by Litex. All changes of the placed order shall require written form.
Litex shall not be liable for a delay in performance or non-performance of the accepted obligations in the extent, to which it has been caused by operation of force majeure. Force majeure shall be understood as external events or a combination of events or circumstances, being beyond control of Litex and unforeseeable (such as in particular: war, fire, epidemic, flood, transport blockades, social disasters or structure or building collapses, consequences of the acts of the legislative and the executive), or events, which Litex is not culpable for, such as actions or omissions relating to subcontractors or a third party, by means of which Litex performs its obligation (suppliers of raw materials, couriers, etc.).
In case of a failure of the Customer to perform the obligation to pay the amount due for the ordered goods, Litex shall have the right to discontinue delivery of the already accepted orders.
The place of performance of the Agreement shall be the premises of Litex.
Delivery of the goods may be performed through delivering them to the premises of the Customer or to the address indicated by the Customer. Delivery of the goods shall be performed at cost and risk of the Customer.
The Customer shall be obliged to check the product and/or service in terms of quantity as well as any potential apparent defects (external damages of the parcel) upon its receipt and in terms of quality (not applicable to defects that may be identified upon receipt) - within 7 days from the receipt date and any potential defects should be reported within this time limit. A complaint shall require provision of all documentation connected with the order. Otherwise, we will not be able to ensure immediate examination and processing of the complaint on account of defects of the goods. In order to achieve the best quality possible, we may produce test prints/goods upon request. The fee for the trial prints/goods shall be charged separately. Colour changes resulting from technical conditions shall not be subject to a complaint.
In case of occurrence of a defect of the goods due to reasons attributable to Litex, Litex shall have the right - at its own discretion - to eliminate the defect or to deliver replacement goods. The defect shall be eliminated or the replacement goods shall be delivered in adequate time required by sourcing of the goods resulting from general market conditions. Several attempts of defect elimination or performance of the replacement delivery shall be acceptable. In case when finally defect elimination or performance of the replacement delivery fails, the Customer shall have the right to request a decrease of the remuneration. In case when finally defect elimination or performance of the replacement delivery fails, Litex reserves the right to withdraw from the Agreement.
The Customer may pursue claims for damages against Litex on account of non-performance or improper performance of the Agreement solely in case when losses have occurred due to gross negligence or intentional action of Litex, while damages on account of indirect losses in the form of lost profit shall be excluded.
The lodged complaint or improper performance of the order shall not suspend payment for the ordered goods / performed service.
Unless otherwise stipulated by a separately issued guarantee document, the goods of Litex shall be covered with a guarantee being in force in the period of one year counting from the date, on which the item is handed over to the Customer. The guarantee liability shall not cover:
losses occurring in the course of transportation,
losses occurring as a result of improper installation of the goods (with exclusion of the case when the installation has been performed by Litex) or improper operation understood as use according to the purpose as well as performance of periodical inspections and maintenance,
losses occurring as a result of normal wear and tear,
losses occurring as a result of operation of chemical, electric or electrolytic factors, impact of water, etc.,
losses occurring due to other reasons not attributable to Litex.
The goods shall not be subject to a guarantee in case of ascertainment of performance of unauthorised repairs or structural changes.
The goods being the subject of the complaint should be delivered by the Customer to the premises of Litex with all accessories, in packaging guaranteeing security against mechanical damages in the course of transportation.
In case when Litex ascertains that the lodged complaint it illegitimate, all costs incurred on this account shall be charged to the Party lodging the complaint.
The granted guarantee shall not exclude, shall not limit and shall not suspend - with consideration of the provisions of point 18 - the entitlements of the Customer resulting from legal provisions relating to statutory warranty for defects of a sold object.
The GCTC shall constitute modification of the statutory warranty terms & conditions included in the Civil Code and shall have priority of application to all sale, delivery, commission, service and other similar agreements concluded by Litex, unless otherwise stipulated by the mandatory rules of law or individual agreed contractual provisions.
In case of a discrepancy or conflict between the GCTC and the Purchasing & Delivery Terms & Conditions of the Customer (or other similar provisions, in particular the ones contained in general terms & conditions of sales, offer provisions, order realisation confirmation, document confirming order acceptance or regulations relating to sales/purchasing on the website of the Customer), these GCTC shall prevail.
The Customer undertakes to keep confidentiality of all information (prohibition to provide it to third parties and prohibition to use it) relating to Litex, its products or principles of cooperation with Litex - which they have learnt of in the course of cooperation with Litex, regardless of the source of information or form of their provision, and disclosure of which could cause or only expose Litex to a loss both in the period of cooperation and after its completion. All information shall be considered by Litex as confidential information without a need to identify it previously as ‘confidential information’.
In case of a delay in receipt of the product and/or service, Litex shall have the right to issue an invoice for the amount of the value of the product and/or service as well as to store it at risk and cost of the Customer (0.1% of the gross invoice amount for each started calendar day) in the premises of Litex or at cost and risk of the Customer in an entity authorised thereto. In case of a delay in receipt of the product and/or service, Litex shall bear liability solely in case of a gross fault or deterioration of the condition of the subject of sale and/or delivery. In case when the loss of Litex on account of a failure to pick up the product by the Recipient/Customer exceeds the reserved contractual penalty, Litex shall remain entitled to pursue payment of a supplementary claim on general basis.
These GCTC - subject to point 23 - shall not be applicable to sales performed - on the basis of the provisions of the Act on Consumer Rights of 30 May 2014 (Journal of Laws of 2014, item 827) - to the benefit of consumers (a natural person buying goods or ordering a service not connected directly with their business or professional activity) and entrepreneurs being a natural person, concluding the Agreement that is directly connected with their business activity if it results from the content of this Agreement that it does not have professional character for them (resulting in particular from the subject of the run business activity communicated on the basis of the provisions relating to the Central Registration and Information on Business Activity).
The persons determined in point 22 - hereinafter referred to as ‘Entitled Persons’ - shall have the right to withdraw from a distance agreement or an agreement concluded outside the premises of the enterprise without determination of the reasons within 14 days on the terms & conditions determined in Appendix 1 to the GCTC. The Entitled Persons may for this purpose use the template of the representation provided as Appendix 1 to these GCTC.
Written form shall remain reserved under the pain of nullity for the activities determined in the GCTC. It is being agreed that document or electronic form in the meaning of the provisions of the Civil Code, including sending of a registered mail or e-mail, provided that the recipient confirms receipt of the e-mail at least in return correspondence, shall be also considered as written form.
In case when any of the provisions hereof is considered as invalid or ineffective by virtue of law or on the basis of a final or legally valid ruling of any administrative body or a country, the other provisions hereof shall remain fully valid and effective.
Provisions of the Polish law, in particular provisions of the Civil Code (of 23 April 1964; Journal of Laws no. 16, item 93), shall be applicable to the issues not governed herein, while the UN Convention on Contracts for the International Sale of Goods prepared in Vienna on 11 April 1980 shall be excluded.
Any disputes and claims connected with the sale or delivery or occurring on any other accounts shall be settled by competent common Polish courts having jurisdiction over the registered office of Litex.