These General Terms and Conditions of Sale and Delivery (“Terms”) govern all contracts for the sale, supply and provision of services concluded by Pablo Design (“Seller”) with any entity (“Buyer”), unless otherwise agreed in writing.
The Terms form an integral part of every offer, order confirmation and invoice.
Any amendments to the Terms must be made in writing; otherwise they shall be null and void.
By placing an order, the Buyer acknowledges and accepts these Terms.
§ 2. Minimum Order Value
The minimum net value of a single order is PLN 500, unless the Seller agrees otherwise.
For orders below this minimum value, the Seller may apply a handling fee of PLN 100 net.
§ 3. Offers and Orders
All offers are for information purposes only and do not constitute a binding offer within the meaning of the Polish Civil Code, unless expressly stated otherwise.
An order is deemed accepted only upon written confirmation by the Seller.
All technical data, drawings, illustrations and samples are for reference only. Pablo Design accepts no liability for errors or misinterpretation of such materials.
§ 4. Prices and Payment Terms
All prices are quoted in PLN net and are subject to applicable VAT.
The Seller reserves the right to adjust prices in the event of significant changes in production costs, labour costs, raw materials, energy, subcontracting or exchange rates.
Payment must be made within the period stated on the invoice; failure to do so entitles the Seller to suspend delivery.
Late payment interest accrues at 1 % of the gross amount due for each day of delay.
The Seller may require an advance payment before commencing performance; prepayment terms are agreed individually with each Buyer.
Title to the goods passes to the Buyer only after full payment of the purchase price together with any interest due.
§ 5. Contractual Penalties and Security
If the Buyer cancels an order after it has been confirmed, the Seller may charge the Buyer for costs incurred and work stopped. In exceptional cases a contractual penalty of 10 % of the gross order value may be imposed.
In the event of delayed collection of goods, a storage fee of 1 % of the gross order value per day of delay will apply.
§ 6. Delivery
Delivery is made on EX-WORKS terms (Incoterms 2020), unless otherwise agreed by the parties.
The Seller may deliver goods in partial shipments.
Risk of accidental loss or damage to the goods passes to the Buyer upon handover to the carrier or directly to the Buyer.
The Seller is not liable for delays caused by force majeure or by the carrier.
§ 7. Inspection and Claims
The Buyer is obliged to inspect the goods upon receipt.
Quality or quantity complaints must be submitted in writing within 3 days of receipt.
The Seller’s liability for defects in delivered goods is limited to resupplying or replacing defective items.
Compensation may not exceed the purchase price of the defective parts.
The Seller shall not be liable for indirect damage, nor reimburse operational losses, downtime costs, or loss of profit.
§ 8. Warranty
The standard warranty period granted by the Seller is: a) construction/workmanship – 24 months, b) electrical components (LED, power supplies) – manufacturer’s warranty 12 months, c) installation – 12 months.
Any warranty period longer than stated above requires individual arrangements and additional conditions to be agreed at the project and quotation stage.
Additional conditions referred to in §8.2 include: periodic service inspections, insurance, ensuring proper operating conditions (e.g. temperature, humidity, voltage), setting a financial liability limit, Buyer’s contribution to operating costs.
Manufacturer warranties for used components apply as specified by the manufacturers.
The warranty does not cover products that have been assembled, installed or commissioned by the Purchaser on their own or by third parties acting without the Seller’s prior written authorisation. Any defects, damage or malfunction of the product arising as a result of such actions shall not constitute grounds for warranty claims against the Seller.
§ 9. Force Majeure
Neither party shall be liable for failure or delay in performance caused by force majeure, including but not limited to fire, flood, strikes, wars, pandemics, machinery breakdowns or transport disruptions.
§ 10. Governing Law and Jurisdiction
These Terms are governed by Polish law.
Any disputes shall be settled by the court having jurisdiction over the Seller’s registered office.
§ 11. Final Provisions
If any provision of these Terms is invalid, the remaining provisions shall remain in force.2
These Terms apply from the date of publication until amended or revoked.
In matters not covered herein, the provisions of Polish law shall apply.