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General terms for order
GENERAL TERMS


GENERAL TERMS AND CONDITIONS FOR INTEK'S sp. z o.o. ORDER

INTEK sp. z o.o.
ul. Grunwaldzka 18
14-260 Lubawa

1. Contractor's liability

By signing the contract-order the Contractor:

- Assumes complete responsibility for accomplishing the order towards the Costumer and third persons, both technical and administrative part.

- Declares availability of resources and appropriate organization essential for order execution and assumes technical, civil and criminal liability for action of its employees (including thefts and other damages). The Costumer isn't responsible for possible accidents connected with the order execution.
In particular he commits himself to:

- apply all regulations and agreements in order to avoid damages and accidents of people and objects during order execution as well as during additional works related to e.g. transportation, supervision,
- apply norms and regulations in force to prevent industrial accident and to assure industrial safety,

- supervise directly employees by himself or any other authorized person

2. Administration of the order

The Contractor commits himself:

- assures that during the order execution his company is not in liquidation and no insolvent actions against him are under way.

- assumes responsibility for accident insurance, welfare and medical benefits as well as Labour Law regulations.

- commits himself to keep the order’s execution area clean and to commit himself to leave it free and clean once it is accomplished.

- assures that employees are skilled to execute tasks and to satisfy the Costumer's requirements.

- commit himself to familiarize the supervising personnel to norms and regulations in force that refer to order execution before work begins.

3. Subcontracting

- The Contractor is not allowed to subcontract any of the contract work to a third person if not agreed with the Customer.

- Subcontracting without Customer’s permit gives him the right to terminate contract due to Contractor's fault with immediate effect.

- Subcontracting permit doesn't release the Contractor from responsibility and order's obligations.

- The Contractor assumes complete responsibility for the entire suborder by taking over all contractual liabilities and obligations derived from suborder e.g. costs and guarantee obligations in virtue of defects.

4. Acceptation and supervision

Customer’s technical department is the only body to accept accomplished works. The acceptation may be followed by some reservations towards the Contractor. Customer has right to supervise his order during its realization.
While notifying defects and faults within work execution, the Costumer isn't committed to comply with deadlines mentioned in Article 563 of The Civil Code, in case the Contractor assures the Consumer in writing there are no defects.
Favorable order’s receipt or work acceptation doesn't release the Constructor from obligations resulting from Articles 560, 566 of The Civil Code.
The Contractor is committed to evidence the performance with the protocol of proceedings of the badly executed item. The Contractor is committed to deliver the protocol to the Customer within 3 days.


5. Force majeure.

In case of a force majeure that renders impossible the performance of contractual obligations the Contractor is committed to notify to the Consumer of their appearance and completion.

6. Deadline - fines /penalties

Work schedule and time schedule established by the contract and/or a supplement are a deadline for the order execution. This deadline cannot be extended.
In case of any delay or postponement in the performance of the order the Costumer has the right at his sole discretion to:
a) apply contractual penalty of 0.3% of the total value of the order for each day of delay towards deadline, maximum 10% of the total order value.

b) in case the penalty doesn't cover a loss the Costumer has the right to claim damages.

c) the Contractor is committed to pay contractual penalty for delay in removing all defects found once the order is executed and during the guarantee/warranty period. The penalty amounts to 0,3% of contractual payment for each day of delay counting from the day established to remove defects.

d) The Costumer has the right to deduct due contractual penalty of the invoice issued by the Contractor; in this case the Costumer pays the invoice less calculated penalty.

e) Order execution should be notified not later than 3 days before deadline established in Time Schedule.

f) The Customer has the right to set an additional deadline in case the Contractor doesn't meet previous one. The Costumer has the right to order merchandise from another supplier and to charge the costs to the Contractor in case the Contractor doesn't guarantee "the additional time limit".

g) Parties agree all mutual obligations shall be realized according to norms of "Good Will" and any potential penalties shall be applied if the parties are run out of it.

7. Invoices

Invoices must be related to one order only and shall contain:

7.1 Order number and a photocopy of the receipt protocol confirmed by a Costumer's representative.

7.2 Tasks or services specification. Invoices shall be issued to the Costumer and delivered at the address designated in the order.

7.3 Any potential payments on installment don't constitute nor partial nor complete order receipt. These payments are conditioned by the order execution within established deadlines.

7.4 One rule is compulsory: one order - one invoice. Invoices must be accepted unconditionally by the Customer. If not agreed in the contract conditions, payment deadlines must be divided into
- 85 % order’s value within 30 days from the day of receipt of the invoice and
- 15% order’s value within 60 days from the day of receipt of that invoice

7.5. Requirement of complete invoice acceptation means that the invoice is checked/verified in respect to its accordance with the order, supplements and the invoice receipt acknowledgement.

8. Remuneration / payments

a) Remuneration for the order can not be raised even if when the contract is being signed it is impossible to stipulate work range and costs.

b) The Contractor can apply for a modification or a rise of the remuneration if during the order execution it is essential to execute additional works. These works shall be ordered separately.

c) In case the Customer requests the Contractor any additional orders in reference to the main order, the Contractor is committed to accept and to execute them according to main order terms and conditions.

d) The Contractor cannot require his payment to be raised if he executes additional work without a written agreement signed by the Consumer.

9. Draws and models

The Contractor is not allowed to hand over draws and models confided/given to him in reference to the order to a third person, nor to use them in any other way without written authorization signed by the Consumer.

10. Guarantee, warranty

- The Contractor grants a guarantee for 24 months from the day of signing the receipt protocol and in case receipt protocol doesn't exist, the day of receipt is understood by the date of the final invoice.
- Warranty for hidden defects lasts 3 years.
- Above mentioned comes into force if the order doesn't constitute otherwise.

11. Others Terms and Conditions

11.1 The Contractor is not allowed to promote anything connected with services performed within a Customer's order. A single agreement to advertise it has to contain appropriate regulations.

11.2 The contract shall come into force on the day of its signing.

11.3 All amendments of present regulations can be introduced only in writing.

11.4 In matters not regulated by this agreement relevant provisions of the Civil Code shall apply. Disputes arising in connection with this agreement shall be resolved by a Commercial Court on registration place of Intek sp. z o.o.

11.5 Not receiving the Order and General Terms and Conditions signed by the Contractor within 3 working days is understood by the Consumer as their acceptation.

We accept the terms and conditions of an order execution, we agree with order/contract clauses and general terms related to above mentioned.

These terms and conditions are Enclosure No 1 for given order.

 

 
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