GENERAL CONDITIONS OF SALE

I. DESIGN

  1. The above proposal and the documents attached thereto are intended only for the BUYER they relate to. The information contained therein is confidential and includes data constituting a trade secret. It is illegal to disclose such information to any third parties.
  2. The attached design forms intellectual property of ANDRZEJEWSKI AiWP Sp. z o.o. It is illegal to use it or to copy it without prior consent of ANDRZEJEWSKI AiWP Sp. z o.o.
  3. ANDRZEJEWSKI AiWP Sp. z o.o. reserves the right to amend the above technical specifications without a functional change in the system in order to perform the task.
 
II. DELIVERY AND UNLOADING

  1. Access roads to the building with rigid surface should be constructed in the manner allowing for the delivery of the components to be installed directly to the installation site and for their preparation in accordance with applicable regulations.
  2. The Employer is obliged to unload the components with due diligence and to transport them to the installation site.
  3. The Employer is responsible for any damages that may occur during the unloading, as well as due to inadequate storage of the unloaded material. Components or ready parts must not be stored outdoors. The unloaded components should be stored in a dry and secure place. The Employer is responsible for the unloading and installation site.
  4. The Employer is obliged to secure the materials delivered to the installation site in the period covered by the Contract. ANDRZEJEWSKI AiWP Sp. z o.o. is not responsible for any damages or loss of the materials located on the Employer’s site.
 
III. INSTALLATION SITE

  1. The Employer is obliged to prepare the installation site in the manner allowing for the installation team to work free from obstacles, directly after arriving in the installation site. The site of the works must be marked and excluded from normal use.
  2. The floor where the components are to be installed should be even.
    The acceptable deviation cannot exceed +/- 10 mm from the zero benchmark. Unevenness that exceeds the abovementioned values requires the use of additional installation materials. The costs of such materials will be incurred by the Client.
  3. The Employer would release ANDRZEJEWSKI AiWP Sp. z o.o. from liability for any damage that may occur in connection with the installation of the components if ANDRZEJEWSKI AiWP Sp. z o.o. was not informed beforehand in writing about the electrical, fire protection, sewage, water supply etc. systems in place.
  4. The Employer will provide all necessary utilities, including 230/400 V electric power supply directly at the installation site, as well as access to water and adequate lighting. The use of water, power and other utilities is free of charge. The installation team should have access to sanitary facilities during work.
  5. The temperature at the installation site should be at least +5°C. The costs of installation do not include installation in such places as chilling rooms or freezer stores, unless otherwise agreed in the proposal.
  6. The Employer is responsible for obtaining all construction permits and legalisation of construction (if necessary), including other obligations resulting from applicable regulations.

IV. ENVIRONMENTAL PROTECTION

  1. Upon delivery, the Employer will provide waste bins at their own expense. The installation team will remove the remaining waste, mainly packaging (foil, wood, metal tape and cardboard) to the containers provided by the Employer. If the Employer fails to provide the abovementioned containers, ANDRZEJEWSKI AiWP Sp. z o.o. will be released from liability for any waste left on site.

V. INSTALLATION

  1. The Employer is obliged to provide the installation equipment free of charge (fork-lift trucks, platforms) adjusted to the installation works (in accordance with the provisions of the proposal); lift height will be determined before the start of the installation works.
  2. The Employer is obliged to provide training to the installation team with regard to the health and safety regulations applicable to the Employer’s business premises.
  3. Any obstacles to work that may result from simultaneous presence of other Contractors on the installation site should be prevented.
  4. If it is revealed during the installation that the installation works cannot be performed in whole or in part at the default of the Employer, the costs of an additional visit of the installation team will be incurred by the Employer.
  5. After the completion of installation, the Contractor’s staff will remove all waste that may be produced in the course the installation works. Additional works related e.g. to the cleaning of the floor, are not included in the scope of the Contract.
  6. If necessary, the Employer is obliged to provide access to the installation site also at night, on weekends and on holidays.

VI. OTHER CONDITIONS

  1. As the configuration provided for herein has been computed on the basis of the described data, neither the Employer nor third parties may modify the installed system without prior written consent of ANDRZEJEWSKI AiWP Sp. z o.o.
  2. When calculating the price of the proposal, ANDRZEJEWSKI AiWP Sp. z o.o. has assumed that installation works on site would be undisturbed whatsoever. All necessary stoppages of installation works are payable. Regardless of the Supplier, all downtime and stoppages of installation works, as well as the services falling outside the scope of the Contract, will be settled on the basis of statements of the number of hours worked and materials used.
  3. Moreover, no Party is liable for delays or for failure to perform the Contract in whole or in part due to the occurrence of unforeseeable circumstances over which the Parties had no control, that the Parties could not prevent with due diligence, and which occurred after the conclusion of the Contract preventing it from being performed in whole or in part, such as fires, earthquakes, wars, floods etc. In the event of force majeure, the affected Party is obliged to notify the other Party in writing accordingly, no later than 24 hours after such occurrence, providing reasonable measures aimed at eliminating the effects of such event. The occurrence of a force majeure event is not considered justified grounds for refusal to pay the remuneration for the delivered components. If any force majeure events directly affect the ability of a Party to fulfil their obligations within the agreed deadline, the deadline for such fulfilment will be extended by the period corresponding to the period of occurrence of such force majeure event. Such extension is not considered a delay.
  4. The Contractor or subcontractor will carry out the installation works solely in accordance with the abovementioned conditions, unless the possible deviations from the arrangements are agreed upon by the Parties in writing. Any separate conditions of the Employer may be binding only if accepted in writing by the Supplier.
 
VI. FINAL PROVISIONS

  1. Upon notification of the completion of installation works, the Employer is obliged to accept the subject of the Contract and to sign the acceptance report.
    All defects relating to the delivered components and to their installation should be included in the report; otherwise, the Employer waives right to notify such defect and they cannot form the grounds for refusal to pay the agreed remuneration. If the Employer refuses to sign the acceptance report, the Supplier will be entitled to prepare the report unilaterally and to send it to the Employer for information only. At the same time, the Parties agree that the start-up of the delivered subject matter of the Contract by the Employer or third parties will imply that the Employer signs the acceptance report without notification of any defects.
  2. The Supplier will remain the owner of all goods under the Contract until the remuneration is wholly paid. At the same time, the Employer commits to make an appropriate reservation of ownership rights to the installed system towards all of their creditors. To this end, the Employer represents and warrants to reliably inform any creditors who wish to seize the subject matter of the proposal in whole or in part about the reservation relating to the Supplier, and to notify the Supplier immediately of a seizure or attempted seizure so that the Supplier could take all measures to which they are legally authorised.