General Terms of Sale

I. OFFERS/ORDER CONFIRMATIONS

All written documentation, including drawings, cost estimates, offers, etc., may not be made available to third parties and is intended solely for the purpose of concluding a specific sales agreement. Patterns and samples provided by AllThermo Sp. z o.o. are strictly for illustrative and exhibition purposes, may not be made available to third parties, and must be returned immediately upon request.
The basis for concluding a Sales Agreement is the Seller’s confirmation of accepting the order for processing, indicating the value of the equipment and the delivery date. Any changes and reservations to the Order Confirmation may only be made in writing, otherwise being null and void.
AllThermo Sp. z o.o. reserves the right to amend the Order Confirmation.
AllThermo Sp. z o.o. reserves the right to refuse to process an order without giving a reason.

II. DELIVERY DATE

In the event of ambiguities regarding product characteristics or changes made to the order, the delivery date will be adjusted accordingly.
The delivery date is binding provided that the Customer meets the payment deadlines for previously issued invoices or makes a prepayment for a pro-forma invoice. In the event of any arrears in the payment of due invoices or if the credit limit agreed with a given Buyer is exceeded, AllThermo Sp. z o.o. has the right to suspend deliveries and refuse to accept new orders from the Buyer for processing.
AllThermo Sp. z o.o. undertakes to make deliveries on time. However, under no circumstances shall it be liable for delivery delays caused by reasons beyond the control of AllThermo Sp. z o.o. (force majeure) and, unless expressly agreed otherwise, AllThermo Sp. z o.o. is not liable for contractual penalties payable by the Buyer to its contractors or for other claims raised by contractors against the Buyer due to a delay in delivery. Events defined as force majeure include, among others, disruptions in the operation of the plant not caused by AllThermo Sp. z o.o., shortages of raw materials, restrictions caused by government orders, natural disasters, strikes, etc.
The performance of the agreement by the Seller occurs at the moment the ordered goods are handed over to the carrier.
Before unloading, the Buyer is obliged to inspect the delivered goods in a manner appropriate to the size and type of goods and the packaging method. In the event of finding any shortages or damages that could
have occurred during transport, the Buyer is obliged to immediately notify AllThermo Sp. z o.o. (no later than the day following the delivery day), otherwise losing the right to claim compensation from AllThermo Sp. z o.o. in this respect.

III. RETENTION OF TITLE

Pursuant to Article 589 of the Civil Code, the ownership right to the Products is transferred to the Buyer upon full payment of the price for the delivered Products.
The Buyer assigns to AllThermo Sp. z o.o. all claims against the Buyer’s contractors arising from the further sale of goods subject to the retention of title.
If, before paying the price, the Buyer transfers the ownership right to a third party, the amount obtained from this shall be primarily allocated to satisfy the claims of AllThermo Sp. z o.o.. If the amount from this cannot be recovered, the Buyer is liable for the resulting damage.
The Customer may not pledge the goods subject to the retention of title, nor use them as collateral. The Customer should immediately notify AllThermo Sp. z o.o. if these goods are seized by third parties. The Customer is obliged to treat the goods subject to the retention of title with care, insure them against theft, damage, destruction, and accidental loss (in particular, fire and water insurance), and provide proof of insurance upon request.

IV. PRICES AND PAYMENTS

The prices quoted by the Seller are net prices in PLN and will be increased by the goods and services tax at the applicable rates. These prices do not include the costs of delivery, unloading, and installation. The prices include standard packaging; any non-standard packaging will be invoiced separately.
For orders with a processing time exceeding three months, we reserve the right to change the confirmed prices.
Changes made after order confirmation at the Customer’s request are invoiced separately.
In the event of the Buyer’s delay in paying any invoice binding the parties, the Seller has the right to withhold the processing of all accepted orders (including the release of goods) until the Buyer pays all due receivables along with interest. If the delay of any payment to the Seller exceeds 30 days, the Seller may withdraw from the sales agreement without setting an additional deadline. The Seller is not liable for any damage resulting from these reasons.
We reserve the right to require prepayment for initial orders from new Customers, as well as in the event that the Purchaser does not have sufficient creditworthiness. AllThermo Sp. z o.o. reserves the right to suspend delivery if the required prepayment is not made.
Before granting the Buyer trade credit and a payment term, the Seller may request the Buyer to present financial documents confirming the Buyer’s good financial standing
or commission the verification of the Buyer’s payment capacity to an independent credit reference agency or insurer. In case of doubts regarding the Buyer’s payment reliability, the Seller may refuse to process orders with a deferred payment term.
Payment is made exclusively to the bank account indicated on our invoice. Payment orders, cheques, and in particular promissory notes are accepted only on the basis of a special agreement. The costs of executing a promissory note are borne by the Buyer. The day of receiving payment is considered to be the day the funds are credited to the bank
account.
Payment is due within the time limit indicated on the invoice, unless AllThermo Sp. z o.o. and the Buyer agree otherwise in writing. All payments are made to the bank account provided on the invoice issued
by AllThermo Sp. z o.o. No discounts for early payment are allowed, unless AllThermo Sp. z o.o. decides otherwise.

V. TRANSPORT

The transport of goods and unloading take place at the Buyer’s responsibility. The release of goods occurs at the moment the goods are loaded onto the means of transport.
The transport of goods is insured. The Customer is obliged to carefully check the goods during unloading. If the shipment has reached the Buyer in a condition indicating mechanical damage during transport, it must be inspected and the damage reported.
Any comments regarding the quality of the products sold by AllThermo Sp. z o.o., the method of service, and discrepancies between the actual state and the invoice should be reported by the Buyer in writing within 24 hours of delivery.

VI. WARRANTY AND COMPLAINTS

The Customer is responsible for the accuracy and completeness of technical data, dimensions, and other information provided to us for the execution of the order. AllThermo Sp. z o.o. is not liable for the inadequate execution of products resulting from the Customer’s error in this regard.
AllThermo Sp. z o.o. reserves the right to modify technical parameters in relation to the data contained in the descriptions provided in brochures, drawings, and other promotional materials in connection with the continuous modernisation of products, increasing their utility value.
If the delivered goods are defective, i.e., they do not correspond to the agreed quality, AllThermo Sp. z o.o. shall be immediately informed by receiving a written complaint.
If the complaint is accepted, the Seller undertakes to repair or replace the defective goods with defect-free ones at its own expense within the time limit agreed by the parties. If the replacement of the goods is impossible or involves the necessity for the Seller to incur additional expenses, the Seller has the right to refuse to replace the goods and refund the appropriate part of the price to the Buyer.
The Seller is not liable for product defects resulting from:

careless installation or careless assembly of the product;
repairs, maintenance, or operation performed by unauthorised persons, failure to comply with the rules of proper operation;
lack of proper maintenance and periodic inspections of the product;
connecting the product inconsistently with the wiring diagram or connecting the product without the required electrical protections;
storing the products in inappropriate conditions.

6. Returns of defective and mistakenly delivered goods must be made exclusively after obtaining the consent of an authorised representative of AllThermo Sp. z o.o.. Products may only be returned via a shipment without cash on delivery.

7. In relations between entrepreneurs, pursuant to Article 558 of the Civil Code, the statutory warranty for defects is excluded, unless the parties agree otherwise or the damage results from intentional fault or gross negligence of AllThermo Sp. z o.o.

8. The initiation of a complaint procedure does not release the Buyer from the obligation to pay the price for the released goods.

9. Claims for defects in goods expire one year from the date of release of the goods.

10. The warranty is valid provided that servicing and repairs are carried out exclusively by the Seller or service technicians authorised by the Seller.

VII. JURISDICTION, PLACE OF PERFORMANCE

Any disputes arising from agreements concluded on the basis of the General Terms of Sale shall be settled by the common court competent for the Seller’s registered office.
The place of performance is Trąbczyn, Poland.

IX. FINAL PROVISIONS

These General Terms of Sale and the sales agreements concluded on their basis are governed by Polish law. In cases not regulated in the General Terms of Sale or the sales agreement, the provisions of the Civil Code shall
apply. The Seller excludes the application of the Geneva Convention CISG in commercial relations.
By accepting these General Terms of Sale, the Buyer consents to the processing of personal data by the Seller and entities acting on its behalf in connection with the performance of sales agreements. The Buyer has all the rights resulting from the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws No. 101, item 926 of 6 July 2002).