PETRING CHAT

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General terms of sale and delivery

of 18-12-2023 v.5

These General Terms of Sale, hereinafter referred to as the GTS, stipulate the terms and conditions of conducting sales and execution of orders. The acceptance of the GTS by the Buyer at the time of placing the first order is tantamount to acceptance of the same for all subsequent orders, deliveries and sales contracts, until their content is revised. The GTS constitute an integral part of each order; the Seller makes the current version of the GTS available to the Buyer also in hard copy at the Seller's registered office, as well as in electronic form on its website www.petring.com.pl

CONTENTS:  
I. DEFINITIONS
II. CONTACT DETAILS
III. GENERAL TERMS OF COOPERATION
IV. INFORMATION MATERIALS
V. MODE OF CONCLUDING THE CONTRACT
VI. TERMS OF PAYMENT
 (A) SALES DOCUMENT
 (B) PAYMENTS
 (C) PRICE CHANGES
 (D) ADDITIONAL COSTS
VII. RIGHTS OF THE SELLER. CONTRACTUAL PENALTIES
 (A) RECEIPT OF GOODS
 (B) PAYMENT OF PRICE
VIII. PACKAGING, STORAGE CONDITIONS AND SHELF LIFE OF GOODS
IX. CANCELLATION AND MODIFICATION OF ORDER
X. OWNERSHIP TITLE
XI. MOLDS AND TOOLING
XII. COMPLAINTS
XIII. LIABILITY FOR DAMAGES
XIV. TRANSPORT AND LOGISTICS
XV. FINAL PROVISIONS

I.    DEFINITIONS
Seller - PetRing Sp. z.o.o. with its registered office in Zielona Góra, postal code 66-015, at 5 Przylep - Ogrodnicza Street, Poland, NIP No. 779-243-62-24, entered into the National Court Register kept by the District Court in Zielona Góra, 8th Commercial Division of the National Court Register under KRS No. 0000586288, share capital of PLN 400,000.00, represented by:
Christian Thery - President of the Board
Kamil Wasilewski - Member of the Management Board.
Buyer - a natural person conducting business activity or a legal person or an organizational unit without legal personality, being the other party to the contract of sale.
Buyer remaining with the Seller in regular business relations - the Buyer's status, which he acquires on request after prior completion of 3 sales contracts with the Seller, having the right to make a purchase with deferred payment time.
Parties - the Seller and the Buyer.
Goods - objects offered by the Seller and also being the subject of a commercial transaction between the Parties.
Order - an offer addressed to the Seller by the Buyer concerning the purchase of goods under the terms and in the form indicated in these GTS.
Order Acceptance Confirmation - Seller's statement containing a response to the order, defining the final commercial terms and conditions of the transaction.
Contract - a contract for the sale of goods and/or provision of services concluded between the Seller
and the Buyer, where specific commercial terms and conditions shall be defined each time in the Order Acceptance Confirmation, and these provisions of the GTS shall be binding thereafter;
Force Majeure - an external event independent of the parties to a legal relationship, the occurrence of which the party affected by force majeure could not reasonably have foreseen nor prevent, and which prevents that party permanently or temporarily from exercising its rights or obligations, in particular under the given legal relationship, and which is in particular: weather conditions, road problems or problems with a production machine (events related to the activities of natural forces - e.g. floods, large fires, volcanic eruptions, earthquakes or epidemics, related to the unusual behaviour of the community - riots, general strikes or military activity, or related to actions of the government - import and export bans, border and sea port blockages, but also, for example, expropriation.)
Packaging - a form of securing goods which, depending on the order, takes the form of a pallet, spacer, cardboard, tarpaulin, corner, stretch film, foil bag, metal basket, octabin, crates.

II.    CONTACT DETAILS
 
PetRing sp. z o.o.
Przylep – Ogrodnicza 5 Street
66-015 Zielona Góra, Poland

tel.: +48 68 321 33 14
fax: +48 68 321 34 61
http://petring.com.pl/pl/

kontakt@petring.com.pl
contact@petring.com.pl
invoices@petring.com.pl
 
III.    GENERAL TERMS OF COOPERATION.
1.    Business relations between the parties are formed solely on the basis of these GTS and the documents indicated in their content.
2.    For the purposes of interpretation of the contract concluded between the Parties, the Parties establish a hierarchy of documents constituting the obligation relationship between them, in such a way that priority is granted to the arrangements contained in the individual Seller's Order Confirmation, and then to the provisions hereof.
3.    The GTS apply to all contracts whose subject matter is the effective purchase of Goods ordered by the Buyer, including all actions preceding the conclusion of such contracts and/or the provision of services.
4.    The GTS are valid for the entire duration of the delivery contract, including all activities preceding the conclusion of such contracts and/or the provision of services.
5.    If the Buyer's order contains a provision inconsistent with or excluding any of the provisions of the GTS, this provision shall be deemed invalid, in which case a provision most similar to the provision contained herein should be used instead.
6.    If it is necessary to apply the Buyer’s model contract to a particular Order, the provisions contained therein shall apply only if the Seller consents to them and in case they are not contrary to these GTS.

IV.    INFORMATION MATERIALS
Labels on goods and promotional and advertising materials (both in printed, as well as digital form) do not constitute an offer within the meaning of the Civil Code and other relevant legal regulations and do not present technical specifications of the Goods nor current stock levels.

V.    MODE OF CONCLUDING THE CONTRACT
1.    The offer addressed to the Buyer is prepared on the basis of, and with the following provisions hereof.
2.    Unless otherwise stipulated by the Seller, the price offer is, as a rule, valid for a period of 30 days from the date of its effective submission to the Buyer by the Seller.
3.    The price offer offered by the Seller does not include transport costs (EX Works Przylep - Zielona Góra rule) nor any certificates, attestations, tests and packing of the goods possibly required by the Buyer, which are subject to surcharge.
4.    The procedure for concluding the contract consists in the submission by the Buyer of a written Order and then its confirmation by the Seller in the form of a written Order confirmation.
5.    The Buyer shall place the Order through:
a)    electronic correspondence,
b)    fax,
c)    directly into the hands of the Seller's representatives.
6.    Placing an Order means that the Buyer has acknowledged and accepted the terms and conditions of the GTS.
7.    The order placed by the Buyer consists of the following elements:
a)    symbol of the ordered product,
b)    color,
c)    quantity,
d)    method of collecting the goods (in the Seller's seat or through a transport company)
e)    full details of the Buyer (registered office address, delivery address, full name of the company in accordance with the entry in the National Court Register or the Central Register and Information on Business Activity, details for communication, including fax, e-mail).
f)    copy of a current excerpt from the Register of Entrepreneurs of the National Court Register or from the Central Register and Information on Business Activity.
8.    In the event of a change in the Buyer's details, i.e. company name, address, details of partners and persons representing the company and authorized to make statements on behalf of the company, the Buyer undertakes to immediately, no later than within 5 days from the occurrence of the change, notify the Seller of this fact in the manner provided for the placement of orders.
9.    The obligation resulting from the content of point V.8.f of the GTS does not apply to orders placed by Buyers who remain with the Seller in regular business relations.
10.    The order placed by the Buyer is not binding for the Seller, and in the absence of Seller's response to the submitted Order, the possibility of tacit acceptance of the order is excluded.
11.    The Seller's statement containing the Order Acceptance shall be sent to the Buyer in the form provided for in point V.5 letters a-c of the GTS, within 3 working days from the date of receipt of a correctly placed Order and payment of an advance by the Buyer.
12.    Proper submission of the Order shall be understood as an Order complete with all information and documents, in particular those referred to in point V.13, which the Seller shall request in the course of concluding the contract.
13.    The written Order Confirmation consists of the following elements:
a)    name, product symbol and additional technical parameters;
b)    color;
c)    quantity;
d)    net unit price;
e)    payment date and method;
f)    date and place of goods receipt;
g)    method of goods receipt;
h)    method of packing;
i)    number of pallets and their dimensions;
j)    cost of additional preparation of products for shipment and price of packaging
k)    cost of transport in case of ordering the delivery of goods by the Buyer;
l)    order completion date, indicating the week number in a calendar year.
14.    The Seller shall consider the confirmation of the Order Acceptance, including orders containing details different from those contained in the earlier Order of the Buyer, to be binding on the Buyer and accepted by him if, within 3 working days from their sending, the Buyer does not raise any objections as to its content.
15.    The order delivery time results from the content of the Confirmation of Order Acceptance.
16.    In the case of a delay in order execution independent of the Seller, the order delivery time shall be extended by the time of removing the obstacle preventing the Seller from timely completion of the order. In case of a delay in order execution, the Seller shall immediately notify the Buyer about the reason for the delay and the new order delivery time.
17.    The Seller reserves the right to cancel the order at any time without giving any reason. The Buyer is not entitled to any claims for damages.
18.    Orders are processed in quantities which are a multiple of packaging.
19.    The Seller reserves the right to refuse to accept the Order without giving any reason; in such case, any claims of the Buyer on this account are excluded.
20.     The Seller reserves the right to charge the Buyer with a penalty for cancelling the order. The amount of the charge will depend on the date of cancellation. If the cancellation date approaches the order completion date, the amount of penalty is adequately higher:
•    up to one week before the order date = 30% of the net value of the order,
•    1-2 weeks before the order completion date = 25% of the net value of the order,
•    2-3 weeks before the order completion date = 20% of the net value of the order,
•    3-4 weeks before the order completion date = 15% of the net value of the order,
•    4-8 weeks before the order completion date = 10% of the net value of the order,
•    8-12 weeks before the order completion date = 5% of the net value of the order,
•    above 12 weeks before the order completion date = 1% of the net order value,
This applies only to the orders that will not have been produced by the date of cancellation.
VI.    TERMS OF PAYMENT
(A) SALES DOCUMENT
1.    Each sale is documented by a VAT invoice.
2.    The Buyer authorizes the Seller to issue VAT invoices without the Buyer's signature.
3.    The Buyer shall pay for the goods and/or services the price indicated on the VAT invoice.
4.    The Buyer shall bear all payable taxes, duties and other charges on delivery unless the Seller has consented in writing to assume such costs.
5.    Unless the Parties agree otherwise, the cost of pallets or additional packaging shall be invoiced.
6.    In the case of delivery of preforms, the metal baskets in which the products are delivered remain the property of the Seller. The buyer is obliged to return them at his expense within a maximum period of 30 days from the date of receipt of the order. After exceeding this deadline, the Seller will issue an invoice for the equivalent of buying a new basket, i.e. 200 EUR / per basket. In this case, the buyer will be able to return the baskets only on a resale basis at the market price of used baskets, ie 150 euros / per basket.
7.    All transport costs are covered by the Buyer.

(B) PAYMENTS
1.    After placing an order, the Buyer is obliged to pay a prepayment, immediately after it is placed, on the basis of a pro forma invoice issued by the Seller.
2.    The date of payment by the Buyer shall be the date of crediting the Seller's bank account with the funds.
3.    In the case of prepayment, the date of commencement of the order by the Seller is the date on which the prepayment is credited to the Seller’s bank account.
4.    If the Buyer refuses to pay the advance payment, the Seller shall have the right to withdraw from the contract and demand compensation on general terms up to the amount of damage actually suffered, including loss of profit.
5.    After three orders have been completed, the Buyer may request a deferment of the payment date for orders placed by him, after prior provision of financial documents indicated by the Seller (e.g. balance of profits and losses for the current period and/or previous year or a report, bank opinion, etc.). After obtaining the status of the Buyer remaining with the Seller in regular business relations, the Buyer is released from the obligation to make advance payments when placing an order.
6.    By placing an order, the Buyer confirms his creditworthiness.
7.    Payments made by the Buyer may be credited by the Seller towards the earliest due invoices.
8.    If the price rates are denominated in a currency other than the Polish zloty (PLN), the price on the invoice is the equivalent of the Polish zloty of the given currency rate at the average exchange rate of the given currency announced by the National Bank of Poland on the day preceding the invoice issue date.
9.    In the event that the content of the agreements between the parties does not specify whether the given rates or prices are net or gross rates, it is assumed that these are net rates to which a sales tax will be added at the rates applicable at the time (in particular VAT).

(C) PRICE CHANGES
If, after agreeing on prices or placing an order, any of the following changes occur:
- increased production costs, including raw material (increase by more than 5% according to Platts indexation), energy,
- extended production cycle time,
- reduction in the productivity of a mold or machine,
- introduction or modification of any import charge or other charge related with intra-Community acquisitions of goods, tax or any other charge under public law,
- changes in exchange rates,
The Seller reserves the right to unilaterally adjust the price contained in the offer or in the contract concluded between the parties, in proportion to the change, even if this possibility has not been included in the contract between the parties.

(D) ADDITIONAL COSTS
1.    Color tests, material tests and tests of assortment which the Seller does not have in stock, carried out on behalf of the Buyer, are chargeable. The cost of the test shall be determined from time to time upon request of the Buyer. In the event that the Buyer decides to purchase a given product, the Seller shall charge a discount up to the amount of costs incurred for the above-mentioned test. In the case several attempts are ordered, the discount is granted for the attempt whose final product is the subject of the order.
2.    Color matching and its acceptance is based on the color of the thread of a given packaging.
 
VII.    RIGHTS OF THE SELLER. CONTRACTUAL PENALTIES.
(A) RECEIPT OF GOODS
1.    If the Buyer fails, for reasons not attributable to the Seller, to accept the goods within the agreed time, the Buyer shall be obliged to pay the price and other charges indicated on the VAT invoice, including, but not limited to, all public and legal charges as well as freight, storage and packaging, as if the release of the goods had taken place in accordance with the order.
2.    If the goods are not collected after 3 days from the agreed date of collection, the Seller shall additionally charge storage fees per pallet for each commenced day of storage at the Seller's facility in the amount of 2.50 EUR.

(B) PAYMENT OF PRICE
1.    In the event that the payment resulting from the invoice is not made on time, and also after the expiry of the period for granting specific warranties or submitting payment bonds, the Seller shall have the right to:
a)    withdraw from the contract without prior notification to the Buyer.
b)    store the Goods in any place at the risk and expense of the Buyer,
c)    suspend the implementation of the Order until the payment of overdue payments, which results in a proportionate extension of the delivery or performance times,
d)    render all the receivables resulting from VAT invoices issued to the Buyer immediately payable,
e)    charge interest for delay at the current rate of statutory interest for delay in payment, issue and send to the Buyer an interest note,
f)    impose a contractual penalty of 50% (fifty percent) of the gross price resulting from the given VAT invoice.
Taking any of the abovementioned remedies does not preclude the use of any other remedies mentioned above.
Until the full amount of the price for the purchased goods is paid, the goods are the sole property of the Seller.
2.    If judicial enforcement, bankruptcy proceedings are conducted against the Buyer, or the Seller has doubts as to the creditworthiness of the Buyer, the Seller shall have the right to:
a)    demand immediate payment of all amounts due, irrespective of their payment dates;
b)    withhold all unrealized deliveries and suspend all further deliveries until a prepayment for the entire goods/services ordered/sold has been received.

VIII.     PACKAGING, STORAGE CONDITIONS AND EXPIRY DATE OF THE GOODS
1.    Please note that it is recommended to clean / disinfect the packaging products in accordance with Good Manufacturing and Hygienic Practice rules before using them for production. The recommendation is justified by the risk of packaging products contamination during transport or preparation for further production. The possible safety threats resulting from using packaging products without cleaning / disinfecting are the sole responsibility of the Client. Petring is not liable for any non-conformity caused by not following Good Manufacturing and Hygienic Practice rules.
2.      Unless otherwise agreed by the Parties, the standard packaging method provides for placing the Goods on cardboard spacers (also called trays), on paid pallets, with the whole wrapped in stretch foil. Within the framework of separate arrangements and for an additional charge, other packaging of the Goods is possible: e.g. additional protection of pallets with cardboard corners; packaging in cardboard boxes in bulk or stacked, etc. At an extra charge it is possible to change the way of packing pre-molds to cardboard boxes called octabins.
3.    The Seller reserves the right to decide unilaterally on the need for additional protection for the goods and to charge the Buyer with the appropriate costs.
4.    Goods should be stored in the following conditions:
- in a place protecting against pollution and external factors,
- in a dry, well-ventilated place, with no sunlight, at temperatures within 0 - 35°C.
5.    The shelf life of the goods is 5 years provided that they are stored in accordance with the above-mentioned conditions.
6.    Storage of goods in conditions contradictory to those specified in point VIII.3 of the GTS causes loss of the right to complain the Goods.

IX.    CANCELLATION AND MODIFICATION OF ORDER
1.    Any change or cancellation of an order by the Buyer requires the written consent of the Seller.
2.    The Buyer's request interrupts the running of the order processing period. In the case of any change in the order, the time limit for delivery of goods shall run further from the moment of written confirmation of the change of order by the Seller.
 
X.    OWNERSHIP TITLE
1.    All designs, drawings, models, diagrams, photographs, etc. remain the property of the Seller.
2.    The Buyer is obliged to check at its own expense whether the manufacture, offering, marketing, export, import or any other form of use of the products supplied by the Seller constitutes an infringement of intellectual property rights of third parties.
3.    The Seller shall not be liable towards the Buyer, and in particular the liability for damages or liability under the statutory guarantee for legal defects of delivered goods in the event that it turns out that the use of goods delivered to the Buyer by the Seller results in infringement of intellectual property rights of third parties.
4.    In the event of making claims against the Seller for infringement of intellectual property rights of third parties, in connection with the performance of the sales contract concluded with the Buyer, the Buyer shall be obliged to cover all damages incurred in the property of the Seller, in connection with claims made against the Seller by third parties, including in particular amounts paid as compensation, or for the return of illegitimately obtained benefits and any other costs, including the costs of court proceedings, i.e. court costs and attorney's fees, as well as the costs of enforcement proceedings.

XI.    MOLDS AND TOOLING
1.    The molds and tooling are the property of the Seller. It is permissible to transfer to the Buyer the ownership of molds or tooling used in the production of packaging by the Seller, after the Buyer has paid in full the amount due for the molds or tooling, excluding inserts and plates, which are the Seller's property and are not subject to sale.
2.    Molds for which payment has not been made in full shall remain the property of the Seller.
3.    Terms of payment for the molds shall be determined by the Parties from time to time.

XII.     COMPLAINTS
1.    The Complaint Procedure laid down in these GTS constitutes a contractual modification of liability under the statutory guarantee for defects in things, regulated by the provisions of the Civil Code, and is the sole basis of the Buyer's rights with respect to complaints concerning the Goods. The Client's rights and corresponding obligations have been regulated exhaustively. The Parties hereby exclude the Seller's liability under the statutory guarantee for physical and legal defects of the Goods.
2.    Submitting to court or arbitration court a statement of claim or a motion, the subject of which are claims for defects of the Goods, before the date of exhaustion of this complaint procedure, shall be treated as a premature claim.
3.    The Buyer is entitled to lodge a complaint about the Goods, provided that he performs a thorough inspection of the Goods at the moment of receipt/delivery and notifies the Seller about:
a)    any quantity shortages within 3 working days from the date of receipt of the goods;
b)    any quality defects within 90 days from the date of receipt of the goods;
c)    inconsistency of the goods with the order within 7 working days from the date of receipt of the goods (bottle type, color, thread type and weight).
4.    Notification of the Seller takes place by contact with the Seller's sales representative, and sending, within the time limit outlined in paragraph XII.3 letters a-c of the GCS, by e-mail, in writing to the address of the Seller's registered office or by fax, correctly completed Complaint Form received from the representative.
5.    The Buyer shall be obliged to attach samples of defective goods together with their labels to the notification.
6.    The Buyer's submission of any reservations, remarks or complaints, if any, and their consideration shall not suspend the running of the payment time.
7.    Failure to meet the terms and conditions of the complaint, contained in these GTS, results in the expiry of all claims of the Buyer arising from the complaint.
8.    In the case of deliveries by the Seller or carrier, the fact of quantitative discrepancy or damage to the goods must be recorded and indicated in the consignment note and signed by the driver and the person receiving the delivered goods, and then notified to the Seller no later than on the next working day after receipt of the goods. In the absence of such information in the consignment note, quantitative and qualitative complaints will not be considered.
9.    The time limit for consideration of a properly filed complaint is 10 working days, counting from the date of its registration by the Seller.
10.    The correct lodging of a complaint is understood as a complaint supplemented with all the information
and documents requested by the Seller.
11.    The lack of the Seller's response to the complaint within the time limit specified above is not tantamount to its tacit acceptance.
12.     In the course of a complaint, the Buyer shall be obliged to:
- make available to the Seller samples of the goods under complaint, which are necessary to carry out expert analyses,
- enable examining the behavior of the goods during and at the place of processing,
- provide the necessary information concerning the working technology or the conditions under which the goods have been used.
13.    The decision of the Sales Representative rejecting or accepting the complaint may be appealed against by the Buyer to the Managing Director. The period for consideration of an appeal against the decision of the Sales Representative is 10 days from its receipt. No objection from the Buyer within 3 days from its sending shall mean acceptance of the Seller's decision without reservations.
14.    If it is necessary to check the facts related to the defect of the Goods, in particular to subject the Goods to expert analysis, check the condition of the Goods, the manner of their storage or processing, etc. as well as to hold a meeting with the participation of the Buyer or third parties, the period of the complaint procedure may be extended by maximum 60 days. The Seller shall inform the Buyer about this fact, stating the reason for prolonging the complaint procedure and the new deadline for its completion.
15.    The Seller's liability is limited only to the obligations described in these GTS and never includes monetary compensation. In particular, the provisions on statutory guarantee for defects of sold goods shall not apply due to the granting of the above warranty to the Buyer.
16.    The Seller is only liable for damage in the event of willful intent or gross negligence. The Seller shall not be liable for consequential losses, in particular for lost profits.
17.    The Seller shall not be liable for defectiveness of the Goods if they were used in a manner inconsistent with their intended use, and the Buyer did not follow the recommendations included on the label.
18.    Before placing an order, the Buyer is obliged, on the basis of the received samples, to carry out in-house testing of the ordered products for PET packaging and to adjust the closure and check the labelling possibilities. If the Buyer decides to purchase the Goods without prior acceptance of samples and the Goods do not meet his expectations, the Buyer shall not be entitled to any complaints.
19.    The subject of the complaint cannot be colored bottles for which the Buyer did not provide coloring masters or for which such coloring masters were not made by the Seller and then delivered to the Buyer for approval.
20.    In view of the nature of the product and of the production, the following is permissible and within tolerance:
a)    delivery of the order in the quantity increased or decreased by max. 10% of the ordered goods in the scale of the whole order, which the order shall be then considered as conformant with the order. The Seller shall then issue an invoice for the actual quantity of the delivered Goods.
b)    delivery of an order containing up to 0.5% of defective goods.
c)    delivery tolerance less than or equal to 1 % in the scale of the order, in which case it shall be deemed to have been properly executed.
In other cases, the Buyer shall be entitled to lodge a complaint under the conditions provided for in these GTS.
21.    Due to the specific nature of the product and production, small blemishes, scratches and smudges may be present on the surface of the bottle, both on clear and colored packaging. These lie outside the manufacturer’s control, and as such are not subject to complaint. It is possible that small points appear on the packaging as a result of the technological process - deaerating the molds. These points are not product defects.
22.    In the case of products with the addition of plastics based on Post-Consumer Recycled Materials, a deviation in colouring is allowed. This is due to the fact that the batches of the base material differ in colour, which translates into the final colour of the product.
23.    If, during processing or use of the goods, the Buyer notices defects, he shall be obliged to:
- suspend further use of the goods,
- secure the defective goods and store them until they are replaced or returned in their original packaging or in packaging that ensures equivalent storage conditions, with the consent of the Seller,
- inspect collective packaging for the existence of defective goods,
- in a situation where the quantity of defective goods in each of the inspected collective packaging is equal to or exceeds 10%, the Buyer is obliged to refrain from using all the goods and to initiate a complaint process, in accordance with the content of these GTS,
- if the amount of defective goods in each of the inspected collective packaging does not exceed 10% or the problem does not concern every collective packaging, the Buyer shall be obliged to consume the remaining goods and initiate the complaint process covering only the goods with the defect.
24.    If the notification of a defect is properly submitted within the time limit specified in point XII.3 letters a-c of GTC, the Seller may, at his discretion and choice:
a)    for defects not exceeding 10% of the order - produce the missing quantity for the next order
b)    for defects exceeding 10% of the order - produce the missing quantity of Goods in the quickest possible time, or return funds in the amount corresponding to the quantity of damaged Goods (adjustment of the invoice).
25.    The Seller shall consider the complaint only at the original place of delivery of the goods, as indicated in the
order. In the situation when the Goods were sent by the Buyer to another place, the Seller shall not bear the costs of their re-delivery to the place indicated in the order.
26.    In case of a complaint, the Buyer is obliged to secure and store the defective goods until the complaint is considered or clarification with the carrier or the Seller is made (in a dry place, not exposed to sunlight and temperature 0-35°C).
27.    Return of defective Goods to the Seller is possible only with the express consent of the Seller, expressed in writing. If the goods are returned by the Buyer without prior consent, the Seller has the right to refuse to accept the returned goods and to send them back to the Buyer at his expense.
28.    If the complaint is accepted, the costs of transport to the Seller’s place shall be covered by the Seller. In the event that a part of the complaint is accepted, the Seller shall bear the costs in the amount proportional to the extent of the accepted complaint, the remaining part of the transport costs being borne by the Buyer.
29.    At the express request of the Buyer, the Buyer may return the defective goods, fully covering the cost of transport, upon prior consent of the Seller, and in the event of a positive acceptance of the complaint, these costs will be reimbursed to the Buyer, in accordance with the principles set forth in point XII.27.
30.    If the Seller fully accepts the complaint and the costs of sending the goods exceed their value, he has the right to leave the goods at the disposal of the Buyer, without additional charges. At the same time, the Buyer waives any claims for storage and disposal of the left-over goods.
31.    The Seller shall have the right to withhold from the Buyer any claims arising from the complaint until the Buyer has settled any outstanding claims.
32.    In case of an unjustified complaint, the costs necessary to establish the existence of a defect in the Goods, including in particular the cost of an expert's report, expert or manufacturer's tests, as well as the cost of transporting the Goods, shall be borne by the Buyer, for which the Seller shall issue a VAT invoice.

XIII.    LIABILITY FOR DAMAGES
1.    The Seller shall be liable to the Buyer for non-performance or improper performance of the contract solely with respect to damage to property caused intentionally and only up to the value of the order.
2.    However, the Seller's liability related to the conclusion of a contract or sale of goods, regardless of the title of such liability, does not include repair of damages related to expected benefits, lost profit, production losses, loss of market reputation, etc.
3.    Responsibility for the use of the goods shall be borne entirely by the Buyer.
4.    If a third party asserts against the Buyer any claims which may be related to the goods sold to the Buyer by the Seller or to products, the manufacture of which was effected with the use of the goods sold to the Buyer by the Seller, the Buyer should immediately notify the Seller about this fact, enabling it to participate in proceedings related to any claims of that person, under pain of exclusion of any liability of the Seller related to such claims.

XIV.    TRANSPORT AND LOGISTICS
1. Loading at the Seller's premises takes place on business days from 6.00 a.m. to 9.00 p.m.
2. Entry into the Seller's plant requires the consent of the shift warehouse keeper. Vehicles should be parked in a parking lot belonging to the Seller.
3. Loading takes place only from the loading dock.
4. There must not be more than 2 vehicles on the maneuvering area and under the loading docks.
5. Own pick-ups require a notification made on the working day via e-mail, no later than 24 hours prior to the planned loading.
6. Written notification is accepted on working days from 8 a.m. until 3 p.m. on the day before loading.
7. The notification must include the driver's full name, plate number of the vehicle or vehicle and trailer/semi-trailer.
8. Upon receipt of a written notification, the sales employee will provide information about the available loading hours.
9. Vehicles will not be allowed on the premises without prior notice.
10. After entering the plant area, the driver is obliged to provide the details required by the entity ordering transport and then proceed to loading the Goods in the nearest free time, with the reservation that the warehouse is open between 6.00 am - 9.00 pm
11. The notification shall be submitted in writing by the ordering party - the Seller does not accept notifications made by telephone or submitted by a forwarding agent or carrier.
12. Once the vehicle has been positioned at the loading dock, the shift storage facility places the goods (pallets/baskets/octabins/cartons) at the edge of the dock. It is the responsibility of the driver to position the goods and to properly secure them on the vehicle/trailer/semi-trailer. The Seller shall make available a pallet truck for positioning the goods.
13. After loading, the shift warehouse keeper issues the relevant shipping documents. The driver shall confirm on the documents the receipt of the goods entrusted to him. Confirmation of the documents is tantamount to the fact that the driver does not raise objections to the packaging of goods and certifies their correct condition.
14. After loading, securing the goods and receipt of documents, the driver must leave the PetRing premises within 10 minutes. It is forbidden to stop, interrupt or repair the vehicle/semi-trailer/trailer on the premises.
15. After 9.00 pm there is a total ban on entering the premises until 6.00 a.m. on the following day. On Holidays entering the premises is unconditionally prohibited.

XV.    FINAL PROVISIONS
1.    Regardless of the content of these GCS, the Seller may invoke any changes in regulations and circumstances, which may result in a change in operating costs or public and legal charges, and thus change the terms and conditions of the offer submitted by the Seller or the agreement already concluded between the parties.
2.    The Seller reserves the right to:
a)    price changes;
b)    changes and withdrawals/recall of individual products;
c)    introduction of new products.
3.    These GTS are applicable to all sale and services contracts concluded in the period from 06-06-2022.
4.    These GTS, contracts and statements between the parties are governed by the law of the Republic of Poland, and the place of settlement of any disputes is the Polish court competent for the local and material seat of the Seller.
5.    Regardless of the content of these GTS, the Seller may claim damages to the extent that the damage suffered by it exceeds the value of the stipulated contractual penalties.
6.    The provisions of these GTS do not in any way exclude or limit the rights and claims of the Seller against the Buyer that arise under mandatory provisions of law.
7.    The Buyer does not have the right to submit a statement of deduction to the Seller, unless the Buyer is a consumer within the meaning of the Act on Consumer Rights of 30 May 2014.
8.    The Seller reserves the right to unilaterally change the content of the GTS, without the need to inform the Customer, while attaching the current content of the GTS to each order and making it available in writing in the Seller's registered office, as well as in electronic form on its website www.petring.com.pl